94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0438


 
Introduced 2/16/2005, by Sen. Wendell E. Jones
 
SYNOPSIS AS INTRODUCED:
 		














405 ILCS 30/4.4 new





405 ILCS 30/4.5 new










    Amends the Community Services Act.  Provides that whenever any appropriation,
or any portion of an appropriation, for any fiscal year relating to the funding
of any State-operated facility operated by the Office of Developmental
Disabilities
within the Department of Human Services or any mental health facility
operated by the Office of Mental Health within the Department is reduced
because of any of the following reasons, those moneys must be directed
toward providing other services and supports for persons with developmental
disabilities or mental health needs:  (1) closing  of a State-operated
facility; (2) reduction of the number of available beds in a State-operated
facility; or (3) reduction in the number of staff at a State-operated
facility.
Provides for the appointment of a Funding Reinvestment Advisory Task Force to
assist the Department of Human Services in implementing these provisions.
Effective immediately.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB0438

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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 
31
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 94th
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 available beds 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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        (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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    (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) 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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        (3) 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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        (4) 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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        (5) In-home family supports, such as respite services 
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    and client and
family supports.

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        (6) 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. Funding Reinvestment Advisory Task Force.

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    (a) The Governor, in coordination with the Secretary of 
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Human Services,
shall appoint a task force to assist the 
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Department of Human Services in
implementing Section 4.4. The 
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task force shall consist of the following
members:

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        (1) One Representative recommended by the Speaker of 
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    the House of
Representatives.

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        (2) One Representative recommended by the Minority 
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    Leader of the
House of Representatives.

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        (3) One Senator recommended by the President of the 
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    Senate.

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        (4) One Senator recommended by the Minority Leader of 
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    the Senate.

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        (5) One representative from the Office of 
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    Developmental Disabilities
within the Department of Human 
 


 






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    Services.

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        (6) One representative from the Office of Mental Health 
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    within the
Department of Human Services.

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        (7) One representative from the Office of 
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    Rehabilitation Services within
the Department of Human 
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    Services.

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        (8) One representative from the Department of Public 
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    Aid.

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        (9) One community-based provider for individuals with 
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    developmental
disabilities.

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        (10) One community-based recreational provider for 
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    individuals with
developmental disabilities.

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        (11) One community-based provider for individuals with 
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    mental health
needs.

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        (12) One member representing entities that provide 
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    funding for mental
health services.

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        (13) Three members representing the advocate community 
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    for the
developmentally disabled.

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        (14) Three members representing the advocate community 
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    for the
mentally ill.

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    (b) In addition to assisting the Department in implementing 
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Section 4.4, the
task force shall also assist in, but not be 
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limited to, the following:

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        (1) Quantifying the amount of money appropriated by the 
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    legislature for
expenditures relating to care for a person 
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    in a State-operated facility for
persons with 
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    developmental disabilities or a mental health facility.

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        (2) Quantifying the amount of money appropriated by the 
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    legislature for
expenditures relating to care for a person 
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    in a community-based setting.

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        (3) Identifying ways in which funding may be redirected 
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    in total or in
part to alternative services and supports an 
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    individual transferring out of an
institution may be 
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    seeking.

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        (4) Identifying other state models and practices that 
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    allow money to
follow the individual throughout the system 
 


 






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    of services and supports for
individuals with 
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    developmental disabilities and mental health needs.

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        (5) Identifying ways in which the Department can 
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    maximize Medicaid
funding and capture more federal 
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    financial participation (FFP) for the purpose
of expanding 
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    developmental disability and mental health services and 
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    supports.

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    (c) The task force shall be established no later than June 
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1, 2005 and shall
submit a written report of its findings to 
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the General Assembly and the Office
of the Governor no later 
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than January 1, 2006.



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