HB4020 Engrossed

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    AN ACT in relation to health. 

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


 
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    Section 5. The Community Services Act is amended by adding 
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Sections 4.4 and
4.5 as follows:


 
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    (405 ILCS 30/4.4 new)

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    Sec. 4.4. Funding reinvestment.

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    (a) The purposes of this Section are as follows:

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        (1) The General Assembly recognizes that the United 
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States Supreme
Court in Olmstead v. L.C. ex Rel. Zimring, 
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119 S. Ct. 2176 (1999), affirmed
that the unjustifiable 
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institutionalization of a person with a disability who

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could live in the community with proper support, and wishes 
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to do so, is
unlawful discrimination in violation of the 
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Americans with Disabilities Act
(ADA). The State of 
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Illinois, along with all other states, is required to

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provide appropriate residential and community-based 
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support services to persons
with disabilities who wish to 
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live in a less restrictive setting.

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        (2) It is the purpose of this Section to help fulfill 
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the State's
obligations under the Olmstead decision by 
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maximizing the level of funds for
both developmental 
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disability and mental health services and supports in order

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to maintain and create an array of residential and 
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supportive services for
people with mental health needs and 
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developmental disabilities whenever they
are
transferred 
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into another facility or a community-based setting.

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    (b) In this Section:

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    "Office of Developmental Disabilities" means the Office of 
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Developmental
Disabilities within the Department of Human 
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Services.

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    "Office of Mental Health" means the Office of Mental Health 
 


 






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within the
Department of Human Services.

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    (c) On and after the effective date of this amendatory Act 
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of the 93rd
General Assembly, every appropriation of State 
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moneys relating to funding for
the Office of Developmental 
5
Disabilities or the Office of Mental Health must
comply with 
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this Section.

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    (d) Whenever any appropriation, or any portion of an 
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appropriation, for any
fiscal year relating to the funding of 
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any State-operated facility operated by
the Office of 
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Developmental Disabilities or any mental health facility 
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operated
by the Office of Mental Health is reduced because of 
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any of the reasons set
forth in the following items (1) through 
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(3), to the extent that savings are
realized from these items, 
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those moneys must be directed toward providing
other services 
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and supports for persons with developmental disabilities or

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mental health needs:

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        (1) The closing of any such State-operated facility for 
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the
developmentally disabled or mental health facility.

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        (2) Reduction in the number of units or available beds 
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in any such State-operated
facility for the 
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developmentally disabled or mental health facility.

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        (3) Reduction in the number of staff employed in any 
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such State-operated
facility for the developmentally 
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disabled or mental health facility.
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    In determining whether any savings are realized from items 
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(1) through
(3),
sufficient moneys shall be made available to 
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ensure that there is an
appropriate level of
staffing and that 
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life, safety, and care concerns are addressed so as to
provide 
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for the
remaining persons with developmental disabilities or 
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mental illness at any
facility in the
case of item (2) or (3) 
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or, in the case of item (1), such remaining persons at
the

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remaining State-operated facilities that will be expected to 
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handle the
individuals
previously served at the closed 
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facility.


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    (e) The purposes of redirecting this funding shall include, 
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but not be
limited to, providing the following services and 
 


 






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supports for individuals with
developmental disabilities and 
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mental health needs:

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        (1) Residence in the most integrated setting possible, 
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whether independent
living in a private residence, a 
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Community Integrated Living Arrangement
(CILA), a 
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supported residential program, an Intermediate Care 
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Facility for
persons with Developmental Disabilities 
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(ICFDD), a supervised residential
program, or supportive 
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housing, as appropriate.

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        (2) Residence in another State-operated facility.

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        (3) Rehabilitation and support services, including 
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assertive community
treatment, case management, supportive 
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and supervised day treatment, and
psychosocial 
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rehabilitation.

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        (4) Vocational or developmental training, as 
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appropriate, that contributes
to the person's independence 
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and employment potential.

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        (5) Employment or supported employment, as 
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appropriate, free from
discrimination pursuant to the 
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Constitution and laws of this State.

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        (6) In-home family supports, such as respite services 
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and client and
family supports.

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        (7) Periodic reevaluation, as needed.

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    (f) An appropriation may not circumvent the purposes of 
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this Section by
transferring moneys within the funding system 
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for services and supports for the
developmentally disabled and 
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mentally ill and then compensating for this
transfer by 
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redirecting other moneys away from these services to provide

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funding for some other governmental purpose or to relieve other 
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State funding
expenditures.


 
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    (405 ILCS 30/4.5 new)

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    Sec. 4.5. Consultation with advisory and advocacy groups. 

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Whenever any
appropriation, or any part of an appropriation, 
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for any fiscal year relating to
the funding
of (i) a 
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State-operated facility operated by the Office of 
 


 






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Developmental
Disabilities
within the Department of Human 
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Services or (ii) a mental health facility
operated by the

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Office of Mental Health within the Department of Human Services 
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is reduced
because of
any of the reasons set forth in items (1) 
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through (3) of subsection (d) of
Section 4.4, the
plan for 
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using any savings realized from those items (1) through (3) 
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shall be
shared and
discussed with advocates, advocacy 
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organizations, and advisory groups whose
mission
includes 
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advocacy for persons with developmental disabilities or 
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persons with
mental
illness.



 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.