Bill Status of HB 1197   94th General Assembly

Short Description:  DEV DISABILITY-BEHAVIOR SUPPT

House Sponsors
Rep. Gary Hannig-Lou Lang-Eddie Washington, John A. Fritchey, Elaine Nekritz, Elizabeth Coulson, Eileen Lyons, Linda Chapa LaVia, Jack D. Franks, Maria Antonia Berrios, Michelle Chavez, Kathleen A. Ryg, James D. Brosnahan, Daniel J. Burke and David E. Miller

Senate Sponsors
(Sen. Donne E. Trotter)


Last Action  View All Actions

DateChamber Action
  6/17/2005HousePublic Act . . . . . . . . . 94-0048

Statutes Amended In Order of Appearance
20 ILCS 1705/15f new

Synopsis As Introduced
Amends the Mental Health and Developmental Disabilities Administrative Act. Requires each individual with mental retardation and related developmental disabilities who exhibits behavioral challenges to have an individualized behavioral support plan that: (i) is designed to meet individual needs; (ii) is non-aversive; (iii) teaches the individual new skills; (iv) provides alternatives to challenging behaviors; (v) offers opportunities for choice and social integration; and (vi) allows for environmental modifications. Provides guidelines for the implementation of the plan. Prohibits the use of aversive behavioral support, intervention techniques that cause psychological pain, and deprivation techniques. Effective immediately.

House Amendment No. 1
Deletes everything after the enacting clause. Reinserts the provisions of the bill as introduced, but makes the following changes. Defines "behavioral challenges". Provides that, to the extent that the provisions conflict with Article 1 of Chapter II of the Mental Health and Developmental Disabilities Code, the Mental Health and Developmental Disabilities Code controls. Effective immediately.

House Amendment No. 3
Deletes everything after the enacting clause. Reinserts the provisions of the bill as introduced, but makes the following changes. Defines "community-based residential program". Requires each individual support plan to be in the immediate and long-term best interests of the individual. Requires the plan to be based on a functional behavioral assessment (now, analysis) conducted by a professional trained in its use (now, trained in professional best practices in behavioral analysis). Prohibits certain types of interventions. Provides that the Department of Human Services is responsible for developing and promulgating rules to implement and carry out these provisions. Effective immediately.

Senate Floor Amendment No. 1
Deletes reference to:
20 ILCS 1705/15f new
Adds reference to:
New Act
5 ILCS 100/5-45from Ch. 127, par. 1005-45
20 ILCS 105/4.02from Ch. 23, par. 6104.02
215 ILCS 106/30
305 ILCS 5/5-5.4from Ch. 23, par. 5-5.4
305 ILCS 5/5-5.12from Ch. 23, par. 5-5.12
305 ILCS 5/5-11from Ch. 23, par. 5-11
305 ILCS 5/12-4.35
320 ILCS 40/10from Ch. 23, par. 6910
320 ILCS 40/15from Ch. 23, par. 6915

Replaces everything after the enacting clause. Creates the FY2006 Budget Implementation (Human Services) Act for the purpose of making changes in State programs that are necessary to implement the Governor's FY2006 budget recommendations concerning human services. Amends the Illinois Administrative Procedure Act; authorizes emergency rulemaking to implement any provision of this amendatory Act or any other budget initiative for fiscal year 2006, except that the 24-month limitation on the adoption of emergency rules and certain provisions concerning JCAR do not apply to such emergency rules; and provides that the Department of Public Aid may also adopt emergency rules necessary to administer the Illinois Public Aid Code, the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act, the Senior Citizens and Disabled Persons Prescription Drug Discount Program Act, and the Children's Health Insurance Program Act. Amends the Illinois Act on the Aging; in provisions concerning annual audits of chore/housekeeping and homemaking vendors, requires that vendors' procedures be in compliance with the Department on Aging's financial reporting guidelines requiring an administrative and employee wage and benefits cost split as defined in administrative rules (instead of requiring a 27% administrative cost split and a 73% employee wages and benefits cost split). Amends the Children's Health Insurance Program Act; provides that persons enrolled in a health benefits waiver program under the Act are subject to certain cost-sharing requirements; provides that health insurance premiums and co-payments apply to adults as well as to children, and sets forth premium amounts for families with 4 or with 5 or more family members. Amends the Illinois Public Aid Code: (1) in provisions concerning Medicaid standards of payment for nursing homes, provides that no rate increase and no update for inflation shall be provided before July 1, 2006 (instead of 2005); (2) in provisions concerning Medicaid pharmacy payments, deletes provisions concerning a limitation of 4 brand name prescription drugs per patient per month; (3) provides that the Department of Public Aid shall renegotiate the contracts with health maintenance organizations and managed care community networks that took effect August 1, 2003, so as to produce $70,000,000 savings to the Department net of resulting increases to the fee-for-service program for State fiscal year 2006; and (4) in provisions concerning medical services for certain noncitizens, deletes references to appropriations, authorizes the Department of Public Aid to take action to assure that payments under these provisions do not exceed available funds, and deletes provisions concerning emergency rulemaking. Amends the All-Inclusive Care for the Elderly Act; provides that "frail elderly" means an individual who meets the age (as well as functional) eligibility requirements established by the Department of Public Aid (deletes references to eligibility requirements established by the Department on Aging and a requirement that the individual be age 65 or older); provides for implementation of the PACE program pursuant to the provisions of the approved Title XIX State plan (instead of as a demonstration program), and provides that specific arrangements of the risk-based financing model shall be adopted and negotiated by the federal Centers for Medicare and Medicaid Services (instead of the Health Care Financing Administration). Effective July 1, 2005.

Actions 
DateChamber Action
  2/9/2005HouseFiled with the Clerk by Rep. Lou Lang
  2/9/2005HouseFirst Reading
  2/9/2005HouseReferred to Rules Committee
  2/10/2005HouseAssigned to Developmental Disabilities and Mental Illness Committee
  3/10/2005HouseHouse Amendment No. 1 Filed with Clerk by Developmental Disabilities and Mental Illness Committee
  3/10/2005HouseHouse Amendment No. 1 Adopted in Developmental Disabilities and Mental Illness Committee; by Voice Vote
  3/10/2005HouseDo Pass as Amended / Short Debate Developmental Disabilities and Mental Illness Committee; 004-000-002
  3/10/2005HousePlaced on Calendar 2nd Reading - Short Debate
  4/5/2005HouseHouse Amendment No. 2 Filed with Clerk by Rep. Lou Lang
  4/5/2005HouseHouse Amendment No. 2 Referred to Rules Committee
  4/6/2005HouseHouse Amendment No. 2 Rules Refers to Developmental Disabilities and Mental Illness Committee
  4/7/2005HouseHouse Amendment No. 3 Filed with Clerk by Rep. Lou Lang
  4/7/2005HouseHouse Amendment No. 3 Referred to Rules Committee
  4/8/2005HouseSecond Reading - Short Debate
  4/8/2005HouseHeld on Calendar Order of Second Reading - Short Debate
  4/11/2005HouseHouse Amendment No. 3 Rules Refers to Developmental Disabilities and Mental Illness Committee
  4/11/2005HouseHouse Amendment No. 3 Recommends Be Adopted Developmental Disabilities and Mental Illness Committee; 006-000-000
  4/12/2005HouseChief Sponsor Changed to Rep. Susana A Mendoza
  4/12/2005HouseAdded Chief Co-Sponsor Rep. Lou Lang
  4/12/2005HouseAdded Co-Sponsor Rep. John A. Fritchey
  4/13/2005HouseAdded Chief Co-Sponsor Rep. Eddie Washington
  4/13/2005HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  4/13/2005HouseAdded Co-Sponsor Rep. Elaine Nekritz
  4/14/2005HouseAdded Co-Sponsor Rep. Elizabeth Coulson
  4/14/2005HouseAdded Co-Sponsor Rep. Eileen Lyons
  4/14/2005HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/14/2005HouseAdded Co-Sponsor Rep. Jack D. Franks
  4/14/2005HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  4/14/2005HouseAdded Co-Sponsor Rep. Michelle Chavez
  4/14/2005HouseHouse Amendment No. 3 Adopted by Voice Vote
  4/14/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/15/2005HouseAdded Co-Sponsor Rep. Kathleen A. Ryg
  4/15/2005HouseAdded Co-Sponsor Rep. James D. Brosnahan
  4/15/2005HouseAdded Co-Sponsor Rep. Daniel J. Burke
  4/15/2005HouseAdded Co-Sponsor Rep. David E. Miller
  4/15/2005HouseThird Reading - Short Debate - Passed 109-000-000
  4/15/2005HouseHouse Amendment No. 2 Tabled Pursuant to Rule 40(a)
  4/19/2005SenateArrive in Senate
  4/19/2005SenatePlaced on Calendar Order of First Reading April 20, 2005
  4/19/2005SenateChief Senate Sponsor Sen. M. Maggie Crotty
  4/19/2005SenateFirst Reading
  4/19/2005SenateReferred to Rules
  4/19/2005SenateAlternate Chief Sponsor Changed to Sen. Martin A. Sandoval
  4/20/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Christine Radogno
  4/21/2005SenateAssigned to Health & Human Services
  5/5/2005SenateDo Pass Health & Human Services; 010-000-000
  5/5/2005SenatePlaced on Calendar Order of 2nd Reading May 10, 2005
  5/11/2005SenateSecond Reading
  5/11/2005SenatePlaced on Calendar Order of 3rd Reading May 12, 2005
  5/20/2005SenateRule 2-10 Third Reading Deadline Extended to December 31, 2005
  5/30/2005SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Donne E. Trotter
  5/30/2005SenateSenate Floor Amendment No. 1 Referred to Rules
  5/30/2005SenateSenate Floor Amendment No. 1 Rules Refers to Executive
  5/30/2005SenateAlternate Chief Sponsor Changed to Sen. Donne E. Trotter
  5/30/2005SenateSenate Floor Amendment No. 1 Recommend Do Adopt Executive; 007-005-000
  5/30/2005SenateRecalled to Second Reading
  5/30/2005SenateSenate Floor Amendment No. 1 Adopted; Trotter
  5/30/2005SenatePlaced on Calendar Order of 3rd Reading
  5/30/2005SenateVerified
  5/30/2005SenateThird Reading - Passed; 030-027-001
  5/31/2005HouseArrived in House
  5/31/2005HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/31/2005HouseChief Sponsor Changed to Rep. Gary Hannig
  5/31/2005HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Gary Hannig
  5/31/2005HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/31/2005HouseSenate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 003-002-000
  5/31/2005SenateSponsor Removed Sen. Christine Radogno
  5/31/2005HouseRemove Chief Co-Sponsor Rep. Patricia R. Bellock
  5/31/2005HouseSenate Floor Amendment No. 1 House Concurs 064-051-000
  5/31/2005HousePassed Both Houses
  6/7/2005HouseSent to the Governor
  6/17/2005HouseGovernor Approved
  6/17/2005HouseEffective Date July 1, 2005
  6/17/2005HousePublic Act . . . . . . . . . 94-0048

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