Illinois General Assembly - Bill Status for HB 5382

Amends the Disabilities Services Act of 2003. Provides that the purpose of the Act is to further develop and implement (rather than create an advisory committee to develop and implement) a Disability Services Plan that ensures compliance by the State of Illinois with the Americans with Disabilities Act and the Olmstead decision. Sets forth that services to persons with disabilities shall be provided in the most integrated setting appropriate to the needs and choices of the person with the disability and his or her guardian in accordance with an individual service or treatment plan developed with the person with the disability. Defines "most integrated setting" to mean the setting that enables a person with a disability to interact with nondisabled persons to the fullest extent possible and that is appropriate to meet the needs and choices of the person with the disability and his or her guardian. Requires the comprehensive evaluation and diagnosis of a person determined probably eligible for disability services to include an assessment of skills, abilities, and potential for community residential placement from among a full array of residential options, including in-home supports, job training, and work placement (now, potential for residential and work placement). Changes the requirements for the services provided to persons with disabilities including: family or individual support services, residential services, education, vocational habilitation and rehabilitation, employment, independent service coordination, mental health supports, and assistive technology devices and services for persons with disabilities. Authorizes the advisory committee to consult with other State officials when their expertise and resources are relevant to the resolution of a particular issue. Sets forth that the Governor, with the assistance of the advisory committee and the Secretary of Human Services, shall submit the Disability Services Plan to the General Assembly by March 31, 2006 (now, Governor responsible for the completion of the plan). Provides for annual reports of changes to the Plan to the General Assembly. Sets forth certain requirements for the Disability Services Plan. Provides due process protections for a person claiming to be aggrieved by a determination of an agency regarding eligibility for a disability service, the provision of a disability service, or a change in or termination of a disability service under the Act. Sets forth that a person with a disability shall not be denied a disability service because of sex, race, religion, ethnic origin, marital status, ability to pay (except where contrary to law), or criminal record. Makes other changes. Effective immediately.

Further amends the Disability Services Act of 2003. Provides that the purpose of the Act is to develop a more comprehensive system of community supports and services that will enable persons with disabilities to transition to the most appropriate integrated setting possible in accordance with their needs, preferences, and capacity to be served in that setting. Sets forth that the intent of the Act is to provide a framework for steps to be undertaken by the State of Illinois that will ensure successful implementation of the Olmstead decision. Requires, by January 1, 2007, the Department of Human Services, the Department of Healthcare and Family Services, and the Department on Aging to cooperatively arrange for the implementation of assessments of the readiness of individuals with disabilities to effect appropriate and medically necessary transitions to the most integrated setting possible, taking into consideration the individual's needs, preferences, and capacity to be served in that setting. Provides that these Departments shall also conduct an assessment of the readiness of the State to effect any transitions that individuals may prefer and require, taking into consideration the availability of resources to accomplish the placements. Sets forth certain requirements for the assessment of the State's capacity. Adds other provisions.

Provides that no person shall be compelled to move from an institutionalized setting to another type of residential setting without his or her voluntary informed consent and (instead of or) the voluntary informed consent of his or her guardian (if one exists). In connection with annual reports concerning the Disability Services Plan, provides that after the submission of each annual report, a public hearing before the appropriate committee of the Illinois General Assembly shall be held to receive public comment and further discussion of the Disability Services Plan.

Date	Chamber	Action
6/4/2006	Senate	Pursuant to Senate Rule 3-9(b) / Referred to Rules

Date	Chamber	Action
1/27/2006	House	Filed with the Clerk by Rep. Lee A. Daniels
1/27/2006	House	First Reading
1/27/2006	House	Referred to Rules Committee
1/31/2006	House	Assigned to Developmental Disabilities and Mental Illness Committee
2/9/2006	House	House Amendment No. 1 Filed with Clerk by Developmental Disabilities and Mental Illness Committee
2/9/2006	House	House Amendment No. 1 Adopted in Developmental Disabilities and Mental Illness Committee; by Voice Vote
2/9/2006	House	Do Pass as Amended / Short Debate Developmental Disabilities and Mental Illness Committee; 006-000-000
2/9/2006	House	Placed on Calendar 2nd Reading - Short Debate
2/9/2006	House	Added Co-Sponsor Rep. Linda Chapa LaVia
2/9/2006	House	Added Chief Co-Sponsor Rep. Patricia R. Bellock
2/22/2006	House	Added Chief Co-Sponsor Rep. Robert W. Churchill
2/23/2006	House	House Amendment No. 2 Filed with Clerk by Rep. Lee A. Daniels
2/23/2006	House	House Amendment No. 2 Referred to Rules Committee
2/28/2006	House	House Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
2/28/2006	House	Second Reading - Short Debate
2/28/2006	House	House Amendment No. 2 Adopted by Voice Vote
2/28/2006	House	Placed on Calendar Order of 3rd Reading - Short Debate
3/1/2006	House	Third Reading - Short Debate - Passed 115-000-000
3/1/2006	Senate	Arrive in Senate
3/1/2006	Senate	Placed on Calendar Order of First Reading March 2, 2006
3/1/2006	Senate	Chief Senate Sponsor Sen. Terry Link
3/2/2006	Senate	First Reading
3/2/2006	Senate	Referred to Rules
3/15/2006	Senate	Assigned to Health & Human Services
3/24/2006	Senate	Do Pass Health & Human Services; 010-000-000
3/24/2006	Senate	Placed on Calendar Order of 2nd Reading March 27, 2006
3/29/2006	Senate	Second Reading
3/29/2006	Senate	Placed on Calendar Order of 3rd Reading March 30, 2006
3/30/2006	Senate	Rule 2-10 Third Reading Deadline Extended to January 9, 2007
6/4/2006	Senate	Pursuant to Senate Rule 3-9(b) / Referred to Rules

	Adds reference to:
	20 ILCS 2407/22 new