093_HB0684re-enr HB0684 Re-Enrolled LRB093 05504 MKM 05595 b 1 AN ACT concerning disabled persons. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Disabilities Services Act of 2003. 6 Section 5. Purpose. It is the purpose of this Act to 7 create an advisory committee to develop and implement a 8 disabilities services implementation plan as provided in 9 Section 20 to ensure compliance by the State of Illinois with 10 the Americans with Disabilities Act and the decision in 11 Olmstead v. L.C., 119 S.Ct. 2176 (1999). 12 Section 10. Application of Act; definitions. 13 (a) This Act applies to persons with disabilities. The 14 disabilities included are defined for purposes of this Act as 15 follows: 16 "Disability" means a disability as defined by the 17 Americans with Disabilities Act of 1990 that is attributable 18 to a developmental disability, a mental illness, or a 19 physical disability, or combination of those. 20 "Developmental disability" means a disability that is 21 attributable to mental retardation or a related condition. A 22 related condition must meet all of the following conditions: 23 (1) It must be attributable to cerebral palsy, 24 epilepsy, or any other condition (other than mental 25 illness) found to be closely related to mental 26 retardation because that condition results in impairment 27 of general intellectual functioning or adaptive behavior 28 similar to that of individuals with mental retardation, 29 and requires treatment or services similar to those 30 required for those individuals. For purposes of this HB0684 Re-Enrolled -2- LRB093 05504 MKM 05595 b 1 Section, autism is considered a related condition. 2 (2) It must be manifested before the individual 3 reaches age 22. 4 (3) It must be likely to continue indefinitely. 5 (4) It must result in substantial functional 6 limitations in 3 or more of the following areas of major 7 life activity: self-care, language, learning, mobility, 8 self-direction, and capacity for independent living. 9 "Mental Illness" means a mental or emotional disorder 10 verified by a diagnosis contained in the Diagnostic and 11 Statistical Manual of Mental Disorders-Fourth Edition, 12 published by the American Psychiatric Association (DSM-IV), 13 or its successor, or International Classification of 14 Diseases, 9th Revision, Clinical Modification (ICD-9-CM), or 15 its successor, that substantially impairs a person's 16 cognitive, emotional, or behavioral functioning, or any 17 combination of those, excluding (i) conditions that may be 18 the focus of clinical attention but are not of sufficient 19 duration or severity to be categorized as a mental illness, 20 such as parent-child relational problems, partner-relational 21 problems, sexual abuse of a child, bereavement, academic 22 problems, phase-of-life problems, and occupational problems 23 (collectively, "V codes"), (ii) organic disorders such as 24 substance intoxication dementia, substance withdrawal 25 dementia, Alzheimer's disease, vascular dementia, dementia 26 due to HIV infection, and dementia due to Creutzfeld-Jakob 27 disease and disorders associated with known or unknown 28 physical conditions such as hallucinasis, amnestic disorders 29 and delirium, and psychoactive substance-induced organic 30 disorders, and (iii) mental retardation or psychoactive 31 substance use disorders. 32 "Mental retardation" means significantly sub-average 33 general intellectual functioning existing concurrently with 34 deficits in adaptive behavior and manifested before the age HB0684 Re-Enrolled -3- LRB093 05504 MKM 05595 b 1 of 22 years. 2 "Physical disability" means a disability as defined by 3 the Americans with Disabilities Act of 1990 that meets the 4 following criteria: 5 (1) It is attributable to a physical impairment. 6 (2) It results in a substantial functional 7 limitation in any of the following areas of major life 8 activity: (i) self-care, (ii) receptive and expressive 9 language, (iii) learning, (iv) mobility, (v) 10 self-direction, (vi) capacity for independent living, and 11 (vii) economic sufficiency. 12 (3) It reflects the person's need for a combination 13 and sequence of special, interdisciplinary, or general 14 care, treatment, or other services that are of lifelong 15 or of extended duration and must be individually planned 16 and coordinated. 17 (b) In this Act: 18 "Chronological age-appropriate services" means services, 19 activities, and strategies for persons with disabilities that 20 are representative of the lifestyle activities of nondisabled 21 peers of similar age in the community. 22 "Comprehensive evaluation" means procedures used by 23 qualified professionals selectively with an individual to 24 determine whether a person has a disability and the nature 25 and extent of the services that the person with a disability 26 needs. 27 "Department" means the Department on Aging, the 28 Department of Human Services, the Department of Public 29 Health, the Department of Public Aid, the University of 30 Illinois Division of Specialized Care for Children, the 31 Department of Children and Family Services, and the Illinois 32 State Board of Education, where appropriate, as designated in 33 the implementation plan developed under Section 20. 34 "Family" means a natural, adoptive, or foster parent or HB0684 Re-Enrolled -4- LRB093 05504 MKM 05595 b 1 parents or other person or persons responsible for the care 2 of an individual with a disability in a family setting. 3 "Family or individual support" means those resources and 4 services that are necessary to maintain an individual with a 5 disability within the family home or his or her own home. 6 These services may include, but are not limited to, cash 7 subsidy, respite care, and counseling services. 8 "Independent service coordination" means a social service 9 that enables persons with developmental disabilities and 10 their families to locate, use, and coordinate resources and 11 opportunities in their communities on the basis of individual 12 need. Independent service coordination is independent of 13 providers of services and funding sources and is designed to 14 ensure accessibility, continuity of care, and accountability 15 and to maximize the potential of persons with developmental 16 disabilities for independence, productivity, and integration 17 into the community. Independent service coordination 18 includes, at a minimum: (i) outreach to identify eligible 19 individuals; (ii) assessment and periodic reassessment to 20 determine each individual's strengths, functional 21 limitations, and need for specific services; (iii) 22 participation in the development of a comprehensive 23 individual service or treatment plan; (iv) referral to and 24 linkage with needed services and supports; (v) monitoring to 25 ensure the delivery of appropriate services and to determine 26 individual progress in meeting goals and objectives; and (vi) 27 advocacy to assist the person in obtaining all services for 28 which he or she is eligible or entitled. 29 "Individual service or treatment plan" means a recorded 30 assessment of the needs of a person with a disability, a 31 description of the services recommended, the goals of each 32 type of element of service, an anticipated timetable for the 33 accomplishment of the goals, and a designation of the 34 qualified professionals responsible for the implementation of HB0684 Re-Enrolled -5- LRB093 05504 MKM 05595 b 1 the plan. 2 "Least restrictive environment" means an environment that 3 represents the least departure from the normal patterns of 4 living and that effectively meets the needs of the person 5 receiving the service. 6 Section 15. Services. Services shall be provided in 7 accordance with the individual service or treatment plan 8 developed for an individual under this Section. The 9 individual shall initially be screened for potential 10 eligibility by the appropriate State agency and, if the 11 individual is deemed probably eligible for a disability 12 service or program, a comprehensive evaluation of the 13 individual shall be conducted to determine the services and 14 programs appropriate for that individual. The array of 15 available services shall be described in the Disabilities 16 Services Implementation Plan required under this Act and may 17 include, but need not be limited to: 18 (1) Comprehensive evaluation and diagnosis. A 19 person with a suspected disability who is applying for 20 Department-authorized disability services must receive, 21 after an initial screening and a determination of 22 probable eligibility for a disability service or program, 23 a comprehensive diagnosis and evaluation, including an 24 assessment of skills, abilities, and potential for 25 residential and work placement, adapted to his or her 26 primary language, cultural background, and ethnic origin. 27 All components of a comprehensive evaluation must be 28 administered by a qualified examiner. 29 (2) Individual service or treatment plan. A person 30 with a disability shall receive services in accordance 31 with a current individual service or treatment plan. A 32 person with a disability who is receiving services shall 33 be provided periodic reevaluation and review of the HB0684 Re-Enrolled -6- LRB093 05504 MKM 05595 b 1 individual service or treatment plan, at least annually, 2 in order to measure progress, to modify or change 3 objectives if necessary, and to provide guidance and 4 remediation techniques. 5 A person with a disability and his or her guardian 6 have the right to participate in the planning and 7 decision-making process regarding the person's individual 8 service or treatment plan and to be informed in writing, 9 or in that person's mode of communication, of progress at 10 reasonable time intervals. Each person must be given the 11 opportunity to make decisions and exercise options 12 regarding the plan, consistent with the person's 13 capabilities. Family members and other representatives of 14 the person with a disability must be allowed, encouraged, 15 and supported to participate as well, if the person with 16 a disability consents to that participation. 17 (3) Nondiscriminatory access to services. A person 18 with a disability may not be denied program services 19 because of sex, ethnic origin, marital status, ability to 20 pay (except where contrary to law), or criminal record. 21 Specific program eligibility requirements with regard to 22 disability, level of need, age, and other matters may be 23 established by the Department by rule. The Department 24 may set priorities for the provision of services and for 25 determining the need and eligibility for services in 26 accordance with available funding. 27 (4) Family or individual support. A person with a 28 disability must be provided family or individual support 29 services, or both, whenever possible and appropriate, to 30 prevent unnecessary out-of-home placement and to foster 31 independent living skills when authorized for such 32 services. 33 (5) Residential choices and options. A person with 34 a disability who requires residential placement in a HB0684 Re-Enrolled -7- LRB093 05504 MKM 05595 b 1 supervised or supported setting must be provided choices 2 among various residential options when authorized for 3 those services. The placement must be offered in the 4 least restrictive environment appropriate to the 5 individual. 6 (6) Education. A person with a disability has the 7 right to a free, appropriate public education as provided 8 in both State and federal law. Each local educational 9 agency must prepare persons with disabilities for adult 10 living. In anticipation of adulthood, each person with a 11 disability has the right to a transition plan developed 12 and ready for implementation before the person's exit by 13 no later than the school year in which the person reaches 14 age 14, consistent with the requirements of the federal 15 Individuals with Disabilities Education Act and Article 16 XIV of the School Code. 17 (7) Vocational training. A person with a 18 disability must be provided vocational training, when 19 appropriate, that contributes to the person's 20 independence and employment potential. This training 21 should include strategies and activities in programs that 22 lead to employment and reemployment in the least 23 restrictive environment appropriate to the individual. 24 (8) Employment. A person with a disability has the 25 right to be employed free from discrimination, pursuant 26 to the Constitution and laws of this State. 27 (9) Independent service coordination. A person with 28 a disability who is receiving direct services from the 29 Department must be provided independent service 30 coordination when needed. 31 (10) Mental health supports. Individuals with a 32 disability must be provided needed mental health supports 33 such as psychological rehabilitation, psychiatric and 34 medication coverage, day treatment, care management, and HB0684 Re-Enrolled -8- LRB093 05504 MKM 05595 b 1 crisis services. 2 (11) Due process. A person with a disability 3 retains the rights of citizenship. Any person aggrieved 4 by a decision of a department regarding services 5 provided under this Act must be given an opportunity to 6 present complaints at a due process hearing before an 7 impartial hearing officer designated by the director of 8 that department. Any person aggrieved by a final 9 administrative decision rendered following the due 10 process hearing may seek judicial review of that decision 11 pursuant to the Administrative Review Law. The term 12 "administrative decision" is defined as in Section 3-101 13 of the Code of Civil Procedure. Attorney's fees and costs 14 may be awarded to a prevailing complainant in any due 15 process hearing or action for judicial review under this 16 Act. 17 The right to a hearing under this item (11) is in 18 addition to any other rights under federal, State, or 19 local laws, however nothing in this Section shall be 20 construed as requiring the establishment of a new due 21 process hearing procedure if one already exists for a 22 particular service or program. 23 Section 20. Implementation. 24 (a) The Governor shall appoint an advisory committee to 25 assist in the development and implementation of a 26 Disabilities Services Implementation Plan that will ensure 27 compliance by the State of Illinois with the Americans with 28 Disabilities Act and the decision in Olmstead v. L.C., 119 29 S.Ct. 2176 (1999). The advisory committee shall be known as 30 the Illinois Disabilities Services Advisory Committee and 31 shall be composed of no more than 33 members, including: 32 persons who have a physical disability, a developmental 33 disability, or a mental illness; senior citizens; advocates HB0684 Re-Enrolled -9- LRB093 05504 MKM 05595 b 1 for persons with physical disabilities; advocates for 2 persons with developmental disabilities; advocates for 3 persons with mental illness; advocates for senior citizens; 4 representatives of providers of services to persons with 5 physical disabilities, developmental disabilities, and mental 6 illness; representatives of providers of services to senior 7 citizens; and representatives of organized labor. 8 In addition, the following State officials shall serve on 9 the committee as ex-officio non-voting members: the Secretary 10 of Human Services or his or her designee; the State 11 Superintendent of Education or his or her designee; the 12 Director of Aging or his or her designee; the Executive 13 Director of the Illinois Housing Development Authority or his 14 or her designee; the Director of Public Aid or his or her 15 designee; and the Director of Employment Security or his or 16 her designee. 17 The advisory committee shall select officers, including a 18 chair and a vice-chair. 19 The advisory committee shall meet at least quarterly and 20 shall keep official meeting minutes. Committee members shall 21 not be compensated but shall be paid for their expenses 22 related to attendance at meetings. 23 (b) The implementation plan must include, but need not 24 be limited to, the following: 25 (1) Establishing procedures for completing 26 comprehensive evaluations, including provisions for 27 Department review and approval of need determinations. 28 The Department may utilize independent evaluators and 29 targeted or sample reviews during this review and 30 approval process, as it deems appropriate. 31 (2) Establishing procedures for the development of 32 an individual service or treatment plan for each person 33 with a disability, including provisions for Department 34 review and authorization. HB0684 Re-Enrolled -10- LRB093 05504 MKM 05595 b 1 (3) Identifying core services to be provided by 2 agencies of the State of Illinois or other agencies. 3 (4) Establishing minimum standards for 4 individualized services. 5 (5) Establishing minimum standards for residential 6 services in the least restrictive environment. 7 (6) Establishing minimum standards for vocational 8 services. 9 (7) Establishing due process hearing procedures. 10 (8) Establishing minimum standards for family 11 support services. 12 (9) Securing financial resources necessary to 13 fulfill the purposes and requirements of this Act, 14 including but not limited to obtaining approval and 15 implementing waivers or demonstrations authorized under 16 federal law. 17 (c) The Governor, with the assistance of the Illinois 18 Disabilities Services Advisory Committee and the Secretary of 19 Human Services, is responsible for the completion of the 20 implementation plan. The Governor must submit a report to the 21 General Assembly by November 1, 2004, which must include the 22 following: 23 (1) The implementation plan. 24 (2) A description of current and planned programs 25 and services necessary to meet the requirements of the 26 individual service or treatment plans required by this 27 Act, together with the actions to be taken by the State 28 of Illinois to ensure that those plans will be 29 implemented. This description shall include a report of 30 related program and service improvements or expansions 31 implemented by the Department since the effective date of 32 this Act. 33 (3) The estimated costs of current and planned 34 programs and services to be provided under the HB0684 Re-Enrolled -11- LRB093 05504 MKM 05595 b 1 implementation plan. 2 (4) A report on the number of persons with 3 disabilities who may be eligible to receive services 4 under this Act, together with a report on the number of 5 persons who are currently receiving those services. 6 (5) Any proposed changes in State policies, laws, 7 or regulations necessary to fulfill the purposes and 8 requirements of this Act. 9 (d) The Governor, with the assistance of the Secretary 10 of Human Services, shall annually update the implementation 11 plan and report changes to the General Assembly by July 1 of 12 each year. Initial implementation of the plan is required by 13 July 1, 2005. The requirement of annual updates and reports 14 expires in 2008, unless otherwise extended by the General 15 Assembly. 16 Section 25. Appropriations. Services shall be provided 17 under this Act to the extent that appropriations are made 18 available by the General Assembly for the programs and 19 services indicated in the implementation plan. 20 Section 30. Entitlements. This Act does not create any 21 new entitlement to a service, program, or benefit, but shall 22 not be construed to affect any entitlement to a service, 23 program, or benefit created by any other law. 24 (405 ILCS 80/1-1 rep.) 25 (405 ILCS 80/1-2 rep.) 26 (405 ILCS 80/1-3 rep.) 27 (405 ILCS 80/1-4 rep.) 28 (405 ILCS 80/1-5 rep.) 29 Section 90. The Developmental Disability and Mental 30 Disability Services Act is amended by repealing Sections 1-1, 31 1-2, 1-3, 1-4, and 1-5 (the Developmental Disabilities HB0684 Re-Enrolled -12- LRB093 05504 MKM 05595 b 1 Services Law). 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.