SB1325 Engrossed

LRB094 10893 DRJ 41649 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 5. The Community Services Act is amended by adding 
5
Sections 4.4 and
4.5 as follows:


 
6
    (405 ILCS 30/4.4 new)

7
    Sec. 4.4. Funding reinvestment.

8
    (a) The purposes of this Section are as follows:

9
        (1) The General Assembly recognizes that the United 
10
    States Supreme
Court in Olmstead v. L.C. ex Rel. Zimring, 
11
    119 S. Ct. 2176 (1999), affirmed
that the unjustifiable 
12
    institutionalization of a person with a disability who

13
    could live in the community with proper support, and wishes 
14
    to do so, is
unlawful discrimination in violation of the 
15
    Americans with Disabilities Act
(ADA). The State of 
16
    Illinois, along with all other states, is required to

17
    provide appropriate residential and community-based 
18
    support services to persons
with disabilities who wish to 
19
    live in a less restrictive setting.

20
        (2) It is the purpose of this Section to help fulfill 
21
    the State's
obligations under the Olmstead decision by 
22
    maximizing the level of funds for
both developmental 
23
    disability and mental health services and supports in order

24
    to maintain and create an array of residential and 
25
    supportive services for
people with mental health needs and 
26
    developmental disabilities whenever they
are
transferred 
27
    into another facility or a community-based setting.

28
    (b) In this Section:

29
    "Office of Developmental Disabilities" means the Office of 
30
Developmental
Disabilities within the Department of Human 
31
Services.

32
    "Office of Mental Health" means the Office of Mental Health 
 


 






SB1325 Engrossed
- 2 -
LRB094 10893 DRJ 41649 b




1
within the
Department of Human Services.

2
    (c) On and after the effective date of this amendatory Act 
3
of the 94th
General Assembly, every appropriation of State 
4
moneys relating to funding for
the Office of Developmental 
5
Disabilities or the Office of Mental Health must
comply with 
6
this Section.

7
    (d) Whenever any appropriation, or any portion of an 
8
appropriation, for any
fiscal year relating to the funding of 
9
any State-operated facility operated by
the Office of 
10
Developmental Disabilities or any mental health facility 
11
operated
by the Office of Mental Health is reduced because of 
12
any of the reasons set
forth in the following items (1) through 
13
(3), to the extent that savings are
realized from these items, 
14
those moneys must be directed toward providing
other services 
15
and supports for persons with developmental disabilities or

16
mental health needs:

17
        (1) The closing of any such State-operated facility for 
18
    the
developmentally disabled or mental health facility.

19
        (2) Reduction in the number of units or available beds 
20
    in any such State-operated
facility for the 
21
    developmentally disabled or mental health facility.

22
        (3) Reduction in the number of staff employed in any 
23
    such State-operated
facility for the developmentally 
24
    disabled or mental health facility.

25
    In determining whether any savings are realized from items 
26
(1) through
(3),
sufficient moneys shall be made available to 
27
ensure that there is an
appropriate level of
staffing and that 
28
life, safety, and care concerns are addressed so as to
provide 
29
for the
remaining persons with developmental disabilities or 
30
mental illness at any
facility in the
case of item (2) or (3) 
31
or, in the case of item (1), such remaining persons at
the

32
remaining State-operated facilities that will be expected to 
33
handle the
individuals
previously served at the closed 
34
facility.

35
    (e) The purposes of redirecting this funding shall include, 
36
but not be
limited to, providing the following services and 
 


 






SB1325 Engrossed
- 3 -
LRB094 10893 DRJ 41649 b




1
supports for individuals with
developmental disabilities and 
2
mental health needs:

3
        (1) Residence in the most integrated setting possible, 
4
    whether independent
living in a private residence, a 
5
    Community Integrated Living Arrangement
(CILA), a 
6
    supported residential program, an Intermediate Care 
7
    Facility for
persons with Developmental Disabilities 
8
    (ICFDD), a supervised residential
program, or supportive 
9
    housing, as appropriate.

10
        (2) Residence in another State-operated facility.

11
        (3) Rehabilitation and support services, including 
12
    assertive community
treatment, case management, supportive 
13
    and supervised day treatment, and
psychosocial 
14
    rehabilitation.

15
        (4) Vocational or developmental training, as 
16
    appropriate, that contributes
to the person's independence 
17
    and employment potential.

18
        (5) Employment or supported employment, as 
19
    appropriate, free from
discrimination pursuant to the 
20
    Constitution and laws of this State.

21
        (6) In-home family supports, such as respite services 
22
    and client and
family supports.

23
        (7) Periodic reevaluation, as needed.

24
    (f) An appropriation may not circumvent the purposes of 
25
this Section by
transferring moneys within the funding system 
26
for services and supports for the
developmentally disabled and 
27
mentally ill and then compensating for this
transfer by 
28
redirecting other moneys away from these services to provide

29
funding for some other governmental purpose or to relieve other 
30
State funding
expenditures.


 
31
    (405 ILCS 30/4.5 new)

32
    Sec. 4.5. Consultation with advisory and advocacy groups. 

33
Whenever any
appropriation, or any part of an appropriation, 
34
for any fiscal year relating to
the funding
of (i) a 
35
State-operated facility operated by the Office of 
 


 






SB1325 Engrossed
- 4 -
LRB094 10893 DRJ 41649 b




1
Developmental
Disabilities
within the Department of Human 
2
Services or (ii) a mental health facility
operated by the

3
Office of Mental Health within the Department of Human Services 
4
is reduced
because of
any of the reasons set forth in items (1) 
5
through (3) of subsection (d) of
Section 4.4, the
plan for 
6
using any savings realized from those items (1) through (3) 
7
shall be
shared and
discussed with advocates, advocacy 
8
organizations, labor organizations, and advisory groups whose

9
mission
includes advocacy for persons with developmental 
10
disabilities or persons with
mental
illness.


 
11
    Section 99. Effective date. This Act takes effect upon 
12
becoming law.