HB3483 101ST GENERAL ASSEMBLY

LRB101 07274 KTG 52313 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3483

Introduced , by Rep. Robyn Gabel

SYNOPSIS AS INTRODUCED:

20 ILCS 1305/10-26

Amends the Department of Human Services Act. Removes language requiring the Department of Human Services to maintain a disability services database and instead requires the Department of Human Services to compile and maintain a Prioritization of Urgency of Need for Services (PUNS) database of Illinois residents with an intellectual disability or a developmental disability, including an autism spectrum disorder, and Illinois residents with an intellectual disability or a developmental disability who are also diagnosed with a physical disability or mental illness and are in need of disability services funded by the Department. Provides that the PUNS database shall be used to foster a fair and orderly process for: (i) processing applications for services funded by the Department, (ii) verifying information, (iii) keeping individuals and families who have applied for services informed of available services and anticipated wait times, (iv) determining unmet need, and (v) informing the General Assembly and the Governor of unmet need statewide and within each representative district. Requires the Secretary of Human Services to seek input from specified advisory bodies and committees with regard to the establishment, maintenance, and administration of PUNS. Contains provisions concerning the type of information to be collected and maintained for PUNS; the Department's development of a web-based verification and information-update application; notice of services to individuals listed in the PUNS database; and other matters.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Human Services Act is amended by changing Section 10-26 as follows:

(20 ILCS 1305/10-26)

Sec. 10-26. Prioritization of Urgency Of Need for Services. Disability database.

(a) The Department of Human Services shall compile and maintain a database of Illinois residents with an intellectual disability or a developmental disability, including an autism spectrum disorder, and Illinois residents with an intellectual disability or a developmental disability who are also diagnosed with a physical disability or mental illness and are in need of disability services funded by the Department. The database shall be referred to as the Prioritization of Urgency of Need for Services (PUNS) and shall include, but not be limited to, children and youth, individuals transitioning from special education to post-secondary activities, individuals living at home or in the community, individuals in State-operated developmental centers, individuals in private nursing and residential facilities, individuals in intermediate care facilities for persons with developmental disabilities, and individuals in community-integrated living arrangements. PUNS shall be used to foster a fair and orderly process for processing applications for services funded by the Department, verifying information, keeping individuals and families who have applied for services informed of available services and anticipated wait times, determining unmet need, and informing the General Assembly and the Governor of unmet need statewide and within each representative district. The Secretary of Human Services shall seek input from advisory bodies to the Department, including advisory councils and committees working with the Department in the areas of intellectual disabilities, developmental disabilities, and autism spectrum disorders, with regard to the establishment, maintenance, and administration of PUNS. Independent Service Coordination agencies shall be the points of entry for individuals and families applying for services and supports funded by the Department. The information collected and maintained for PUNS shall include, but is not limited to, the following: (i) the types of services of which the individual is potentially in need; (ii) demographic and identifying information about the individual; (iii) factors indicating need, including diagnoses, assessment information, age of primary caregivers, and current living situation; (iv) if applicable, the date information about the individual is submitted for inclusion in PUNS and the types of services sought by the individual; and (v) the representative district in which the individual resides. In collecting and maintaining information under this Section, the Department shall give consideration to cost-effective appropriate services for individuals. The Department of Human Services shall compile and maintain a cross-disability database of Illinois residents with a disability who are potentially in need of disability services funded by the Department. The database shall consist of individuals with mental illness, physical disabilities, developmental disabilities, and autism spectrum disorders and shall include, but not be limited to, individuals transitioning from special education to adulthood, individuals in State-operated facilities, individuals in private nursing and residential facilities, and individuals in community integrated living arrangements. Within 30 days after the effective date of this amendatory Act of the 93rd General Assembly, the Secretary of Human Services shall seek input from advisory bodies to the Department, including advisory councils and committees working with the Department in the areas of mental illness, physical disabilities, and developmental disabilities. The database shall be operational by July 1, 2004. The information collected and maintained for the disability database shall include, but is not limited to, the following: (i) the types of services of which the individual is potentially in need; (ii) demographic and identifying information about the individual; (iii) factors indicating need, including diagnoses, assessment information, age of primary caregivers, and current living situation; (iv) if applicable, the date information about the individual is submitted for inclusion in the database and the types of services sought by the individual; and (v) the representative district in which the individual resides. In collecting and maintaining information under this Section, the Department shall give consideration to cost-effective appropriate services for individuals.

(a-1) The Department shall respond to inquiries about anticipated PUNS selection dates and make available a Department e-mail address for such inquiries. In addition, the Department shall offer a web-based verification and information-update application. The Department shall also ensure that individuals in PUNS are contacted regarding their PUNS status and available services at least 2 times each year via e-mail or letter, based on the delivery preference of the individual. Such services and supports may include housing, home-based services, employment and training, respite care, and day programs.

(a-2) The Department shall seek any available federal funding to upgrade its technology in order to implement an effective and efficient system of operating and maintaining PUNS and making the web-based verification and information-update application developed in accordance with subsection (a-1) available to individuals listed in PUNS.

(a-3) The Department shall collaborate with the State Board of Education to ensure that students with disabilities and their parents are informed of PUNS consistent with Section 2-3.163 of the School Code.

(b) This amendatory Act of the 93rd General Assembly does not create any new entitlement to a service, program, or benefit, but shall not affect any entitlement to a service, program, or benefit created by any other law. Except for a service, program, or benefit that is an entitlement, a service, program, or benefit provided as a result of the collection and maintenance of the disability database shall be subject to appropriations made by the General Assembly.

(b-5) This amendatory Act of the 101st General Assembly does not create any new entitlement to a service, program, or benefit, but shall not affect any entitlement to a service, program, or benefit created by any other law. Except for a service, program, or benefit that is an entitlement, a service, program, or benefit provided as a result of the collection and maintenance of PUNS shall be subject to appropriations made by the General Assembly.

(c) The Department, consistent with applicable federal and State law, shall make general information from PUNS the disability database available to the public such as: (i) the number of individuals potentially in need of each type of service, program, or benefit and (ii) the general characteristics of those individuals. The Department shall protect the confidentiality of each individual in PUNS the database when releasing PUNS database information by not disclosing any personally identifying information.

(d) The Department shall allow legal residents who are dependents of a military service member and who are absent from the State due to the member's military service to be added to PUNS the database to indicate the need for services upon return to the State. Should an individual in such a situation be selected from PUNS the database to receive services, the individual shall have 6 months from the date of the selection notification to apply for services and another 6 months to commence using such services. In the event an individual is receiving services funded by the Department and the services are disrupted due to the military service member's need for the individual to leave the State because of his or her military service, the services shall be resumed upon the individual's return to the State if the dependent is otherwise eligible. No payment pursuant to this Section or Section 12-4.47 of the Illinois Public Aid Code shall be made for home and community based services provided outside the State of Illinois. A dependent of a military service member shall be required to provide the Department with:

(1) a copy of the military service member's DD-214 or other equivalent discharge paperwork; and

(2) proof of the military service member's legal residence in the State, as prescribed by the Department.

(Source: P.A. 98-1000, eff. 8-18-14.)