093_HB1451
LRB093 06255 DRJ 06367 b
1 AN ACT in relation to health.
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 Developmental 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 autism, or any other condition (other than
25 mental 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.
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1 (2) It must be manifested before the individual
2 reaches age 22.
3 (3) It must be likely to continue indefinitely.
4 (4) It must result in substantial functional
5 limitations in 3 or more of the following areas of major
6 life activity: self-care, language, learning, mobility,
7 self-direction, and capacity for independent living.
8 "Mental Illness" means a mental or emotional disorder
9 verified by a diagnosis contained in the Diagnostic and
10 Statistical Manual of Mental Disorders-Fourth Edition,
11 published by the American Psychiatric Association (DSM-IV) or
12 International Classification of Diseases, 9th Revision,
13 Clinical Modification (ICD-9-CM) that substantially impairs a
14 person's cognitive, emotional, or behavioral functioning, or
15 any combination of those, excluding (i) conditions that may
16 be the focus of clinical attention but are not of sufficient
17 duration or severity to be categorized as a mental illness,
18 such as parent-child relational problems, partner-relational
19 problems, sexual abuse of a child, bereavement, academic
20 problems, phase-of-life problems, and occupational problems
21 (collectively, "V codes"), (ii) organic disorders such as
22 substance intoxication dementia, substance withdrawal
23 dementia, Alzheimer's disease, vascular dementia, dementia
24 due to HIV infection, and dementia due to Creutzfeld-Jakob
25 disease and disorders associated with known or unknown
26 physical conditions such as hallucinasis, amnestic disorders
27 and delirium, psychoactive substance-induced organic
28 disorders, and (iii) mental retardation or psychoactive
29 substance use disorders.
30 "Mental retardation" means significantly sub-average
31 general intellectual functioning existing concurrently with
32 deficits in adaptive behavior and manifested before the age
33 of 22 years.
34 "Physical disability" means a disability as defined by
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1 the Americans with Disabilities Act of 1990 that meets the
2 following criteria:
3 (1) It is attributable to a physical impairment.
4 (2) It results in a substantial functional
5 limitation in 3 or more of the following areas of major
6 life activity: (i) self-care, (ii) receptive and
7 expressive language, (iii) learning, (iv) mobility, (v)
8 self-direction, (vi) capacity for independent living, and
9 (vii) economic sufficiency.
10 (3) It reflects the person's need for a combination
11 and sequence of special, interdisciplinary, or general
12 care, treatment, or other services that are of lifelong
13 or of extended duration and must be individually planned
14 and coordinated.
15 (b) In this Act:
16 "Chronological age-appropriate services" means services,
17 activities, and strategies for persons with disabilities that
18 are representative of the lifestyle activities of nondisabled
19 peers of similar age in the community.
20 "Comprehensive evaluation" means procedures used by
21 qualified professionals selectively with an individual to
22 determine whether a person has a disability and the nature
23 and extent of the services that the person with a disability
24 needs.
25 "Department" means the Department on Aging, the
26 Department of Human Services, the Department of Public
27 Health, the Department of Public Aid, the University of
28 Illinois Division of Specialized Care for Children, the
29 Department of Children and Family Services, and the Illinois
30 State Board of Education, where appropriate, as designated in
31 the implementation plan developed under Section 20.
32 "Family" means a natural, adoptive, or foster parent or
33 parents or other person or persons responsible for the care
34 of an individual with a disability in a family setting.
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1 "Family or individual support" means those resources and
2 services that are necessary to maintain an individual with a
3 disability within the family home or his or her own home.
4 These services may include, but are not limited to, cash
5 subsidy, respite care, and counseling services.
6 "Independent service coordination" means a social service
7 that enables persons with disabilities and their families to
8 locate, use, and coordinate resources and opportunities in
9 their communities on the basis of individual need.
10 Independent service coordination is independent of providers
11 of services and funding sources and is designed to ensure
12 accessibility, continuity of care, and accountability and to
13 maximize the potential of persons with disabilities for
14 independence, productivity, and integration into the
15 community. Independent service coordination includes, at a
16 minimum: (i) outreach to identify eligible individuals; (ii)
17 assessment and periodic reassessment to determine each
18 individual's strengths, functional limitations, and need for
19 specific services; (iii) participation in the development of
20 a comprehensive individual service or treatment plan; (iv)
21 referral to and linkage with needed services and supports;
22 (v) monitoring to ensure the delivery of appropriate services
23 and to determine individual progress in meeting goals and
24 objectives; and (vi) advocacy to assist the person in
25 obtaining all services for which he or she is eligible or
26 entitled.
27 "Individual service or treatment plan" means a recorded
28 assessment of the needs of a person with a disability, a
29 description of the services recommended, the goals of each
30 type of element of service, an anticipated timetable for the
31 accomplishment of the goals, and a designation of the
32 qualified professionals responsible for the implementation of
33 the plan.
34 "Least restrictive environment" means an environment that
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1 represents the least departure from the normal patterns of
2 living and that effectively meets the needs of the person
3 receiving the service.
4 Section 15. Services. In accordance with this Section
5 and the individual service or treatment plan based on a
6 comprehensive evaluation, persons with disabilities shall be
7 provided the following services under the Disabilities
8 Services Implementation Plan developed under Section 20:
9 (1) Comprehensive evaluation and diagnosis. A
10 person with a suspected disability who is applying for
11 Department-authorized disability services must receive a
12 comprehensive diagnosis and evaluation, including an
13 assessment of skills, abilities, and potential for
14 residential and work placement, adapted to his or her
15 primary language, cultural background, and ethnic origin.
16 All components of a comprehensive evaluation must be
17 administered by a qualified examiner.
18 (2) Individual service or treatment plan. A person
19 with a disability shall receive services in accordance
20 with a current individual service or treatment plan. A
21 person with a disability who is receiving services shall
22 be provided periodic reevaluation and review of the
23 individual service or treatment plan, at least annually,
24 in order to measure progress, to modify or change
25 objectives if necessary, and to provide guidance and
26 remediation techniques.
27 A person with a disability and his or her guardian
28 have the right to participate in the planning and
29 decision-making process regarding the person's individual
30 service or treatment plan and to be informed in writing,
31 or in that person's mode of communication, of progress at
32 reasonable time intervals. Each person must be given the
33 opportunity to make decisions and exercise options
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1 regarding the plan, consistent with the person's
2 capabilities. Family members and other representatives of
3 the person with a disability must be allowed, encouraged,
4 and supported to participate as well, if the person with
5 a disability consents to that participation.
6 (3) Nondiscriminatory access to services. A person
7 with a disability may not be denied program services
8 because of sex, ethnic origin, marital status, ability to
9 pay (except where contrary to law), or criminal record.
10 Specific program eligibility requirements with regard to
11 disability, level of need, age, and other matters may be
12 established by the Department by rule. The Department
13 may set priorities for the provision of services and for
14 determining the need and eligibility for services in
15 accordance with available funding.
16 (4) Family or individual support. A person with a
17 disability must be provided family or individual support
18 services, or both, whenever possible and appropriate, to
19 prevent unnecessary out-of-home placement and to foster
20 independent living skills when authorized for such
21 services.
22 (5) Residential choices and options. A person with
23 a disability who requires residential placement in a
24 supervised or supported setting must be provided choices
25 among various residential options when authorized for
26 those services. The placement must be offered in the
27 most integrated setting appropriate.
28 (6) Education. A person with a disability has the
29 right to a free, appropriate public education as provided
30 in both State and federal law. Each local educational
31 agency must prepare persons with disabilities for adult
32 living. In anticipation of adulthood, each person with a
33 disability has the right to a transition plan developed
34 and ready for implementation before the person's exit by
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1 no later than the school year in which the person reaches
2 age 14, consistent with the requirements of the federal
3 Individuals with Disabilities Education Act and Article
4 XIV of the School Code.
5 (7) Vocational training. A person with a
6 disability must be provided vocational training, when
7 appropriate, that contributes to the person's
8 independence and employment potential. This training
9 should include strategies and activities in programs that
10 lead to employment and reemployment in the most
11 integrated setting appropriate to the individual.
12 (8) Employment. A person with a disability has the
13 right to be employed free from discrimination, pursuant
14 to the Constitution and laws of this State.
15 (9) Independent service coordination. A person with
16 a disability who is receiving direct services from the
17 Department must be provided independent service
18 coordination when needed.
19 (10) Due process. A person with a disability
20 retains the rights of citizenship. Any person aggrieved
21 by a decision of a department regarding services
22 provided under this Act must be given an opportunity to
23 present complaints at a due process hearing before an
24 impartial hearing officer designated by the director of
25 that department. Any person aggrieved by a final
26 administrative decision rendered following the due
27 process hearing may seek judicial review of that decision
28 pursuant to the Administrative Review Law. The term
29 "administrative decision" is defined as in Section 3-101
30 of the Code of Civil Procedure. Prevailing attorney's
31 fees and costs may be awarded to the successful plaintiff
32 in any formal administrative or judicial action under
33 this Act.
34 The right to a hearing under this item (10) is in
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1 addition to any other rights under federal, State, or
2 local laws.
3 Section 20. Implementation.
4 (a) The Governor, with the assistance of the Secretary
5 of Human Services, shall appoint an advisory committee to
6 develop a Disabilities Services Implementation Plan that will
7 ensure compliance by the State of Illinois with the Americans
8 with Disabilities Act and the decision in Olmstead v. L.C.,
9 119 S.Ct. 2176 (1999). The advisory committee shall be
10 composed of persons with disabilities, family
11 representatives, and individuals who represent each principal
12 State agency, local government agencies, and nongovernmental
13 organizations concerned with services for persons with
14 disabilities.
15 (b) The implementation plan must include, but need not
16 be limited to, the following:
17 (1) Establishing procedures for completing
18 comprehensive evaluations, including provisions for
19 Department review and approval of need determinations.
20 The Department may utilize independent evaluators and
21 targeted or sample reviews during this review and
22 approval process, as it deems appropriate.
23 (2) Establishing procedures for the development of
24 an individual service or treatment plan for each person
25 with a disability, including provisions for Department
26 review and authorization.
27 (3) Identifying core services to be provided by
28 agencies of the State of Illinois or other agencies.
29 (4) Establishing minimum standards for
30 individualized services.
31 (5) Establishing minimum standards for residential
32 services in the least restrictive environment.
33 (6) Establishing minimum standards for vocational
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1 services.
2 (7) Establishing due process hearing procedures.
3 (8) Establishing minimum standards for family
4 support services.
5 (9) Securing financial resources necessary to
6 fulfill the purposes and requirements of this Act,
7 including but not limited to obtaining approval and
8 implementing waivers or demonstrations authorized under
9 federal law.
10 (c) The Governor, with the assistance of the Secretary
11 of Human Services, is responsible for the completion of the
12 implementation plan. The Governor must submit a report to the
13 General Assembly by November 1, 2003, which must include the
14 following:
15 (1) The implementation plan.
16 (2) A description of current and planned programs
17 and services necessary to meet the requirements of the
18 individual service or treatment plans required by this
19 Act, together with the actions to be taken by the State
20 of Illinois to ensure that those plans will be
21 implemented. This description shall include a report of
22 related program and service improvements or expansions
23 implemented by the Department since the effective date of
24 this Act.
25 (3) The estimated costs of current and planned
26 programs and services to be provided under the
27 implementation plan.
28 (4) A report on the number of persons with
29 disabilities who may be eligible to receive services
30 under this Act, together with a report on the number of
31 persons who are currently receiving those services.
32 (5) Any proposed changes in State policies, laws,
33 or regulations necessary to fulfill the purposes and
34 requirements of this Act.
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1 (d) The Governor, with the assistance of the Secretary
2 of Human Services, shall annually update the implementation
3 plan and report changes to the General Assembly by July 1 of
4 each year. Initial implementation of the plan is required by
5 July 1, 2004. The requirement of annual updates and reports
6 expires in 2008, unless otherwise extended by the General
7 Assembly.
8 Section 25. Appropriations. Services shall be provided
9 under this Act to the extent that appropriations are made
10 available by the General Assembly for the programs and
11 services indicated in the implementation plan.
12 (405 ILCS 80/1-1 rep.)
13 (405 ILCS 80/1-2 rep.)
14 (405 ILCS 80/1-3 rep.)
15 (405 ILCS 80/1-4 rep.)
16 (405 ILCS 80/1-5 rep.)
17 Section 90. The Developmental Disability and Mental
18 Disability Services Act is amended by repealing Sections 1-1,
19 1-2, 1-3, 1-4, and 1-5 (the Developmental Disabilities
20 Services Law).
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.