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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0051
Introduced 1/31/2007, by Sen. Susan Garrett SYNOPSIS AS INTRODUCED:
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20 ILCS 1305/10-26 |
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305 ILCS 5/5-5e new |
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Amends the Department of Human Services Act and the Illinois Public Aid Code. Provides that, for purposes of the Department of Human Services' disability database, "developmental disabilities" include autism spectrum disorders. In connection with Medicaid, provides that a person diagnosed with an autism spectrum disorder shall be considered a person with a "developmental disability" or a "person with a related condition" for purposes of determining eligibility for services under Home and Community-Based Services Waivers for persons with developmental disabilities, without regard to whether that person is also diagnosed with mental retardation and without regard to that person's IQ level, so long as the person otherwise meets applicable level-of-care criteria under those waivers. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB0051 |
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LRB095 04473 DRJ 24520 b |
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| AN ACT concerning public aid.
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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 Department of Human Services Act is amended |
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| by changing Section 10-26 as follows:
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| (20 ILCS 1305/10-26)
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| Sec. 10-26. Disability database.
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| (a) The Department of Human Services shall compile and |
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| maintain a
cross-disability database of Illinois residents |
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| with a disability who are
potentially
in need of disability |
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| services funded by the Department. The database shall
consist |
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| of individuals with mental illness, physical disabilities, and
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| developmental
disabilities, including autism spectrum |
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| disorders, and shall include, but not be limited to, |
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| individuals
transitioning from
special education to adulthood, |
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| individuals in State-operated facilities, individuals
in |
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| private nursing and residential facilities, and individuals in |
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| community
integrated living arrangements. Within 30 days after |
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| the effective date of this
amendatory Act of the 93rd General |
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| Assembly, the Secretary of Human Services
shall seek input from |
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| advisory bodies to the Department, including advisory
councils |
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| and committees working with the Department in the areas of |
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| mental
illness, physical disabilities, and developmental |
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SB0051 |
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LRB095 04473 DRJ 24520 b |
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| disabilities. The database
shall be
operational by July 1, |
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| 2004. The information collected and maintained for the
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| disability database shall include, but is not limited to, the |
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| following: (i)
the types of
services of which the individual is |
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| potentially in need; (ii) demographic and
identifying |
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| information about the individual; (iii) factors indicating |
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| need,
including
diagnoses, assessment information, age of |
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| primary caregivers, and current
living
situation; (iv) if |
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| applicable, the date information about the individual is
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| submitted for inclusion in the database and
the
types of |
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| services sought by the individual; and (v) the representative
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| district
in which the individual resides. In collecting and |
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| maintaining information
under
this Section, the Department |
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| shall give consideration to cost-effective
appropriate |
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| services for individuals.
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| (b) This amendatory Act of the 93rd General Assembly does |
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| not create
any new entitlement to a service, program, or |
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| benefit, but shall not affect any
entitlement to a service, |
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| program, or benefit created by any other law. Except
for
a |
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| service, program, or benefit that is an entitlement, a service, |
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| program, or
benefit provided as a result of the collection and |
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| maintenance of the
disability
database shall be subject to |
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| appropriations made by the General Assembly.
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| (c) The Department, consistent with applicable federal and |
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| State law, shall
make general information from the disability
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| database available to the public such as: (i) the number of |
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SB0051 |
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LRB095 04473 DRJ 24520 b |
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| individuals
potentially
in need of each type of service, |
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| program, or benefit and (ii) the general
characteristics of |
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| those individuals. The Department shall protect the
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| confidentiality of each individual in the database when |
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| releasing database
information by
not disclosing any |
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| personally identifying information.
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| (Source: P.A. 93-503, eff. 8-11-03.)
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| Section 10. The Illinois Public Aid Code is amended by |
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| adding Section 5-5e as follows:
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| (305 ILCS 5/5-5e new) |
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| Sec. 5-5e. Home and Community Based Services Waivers; |
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| autism as "developmental disability". A person diagnosed with |
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| an autism spectrum disorder shall be considered a person with a |
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| "developmental disability" or a "person with a related |
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| condition" for purposes of determining eligibility for |
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| services under Home and Community-Based Services Waivers for |
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| persons with developmental disabilities, without regard to |
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| whether that person is also diagnosed with mental retardation |
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| and without regard to that person's IQ level, so long as the |
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| person otherwise meets applicable level-of-care criteria under |
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| those waivers. This amendatory Act of the 95th General Assembly |
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| does not create any new entitlement to a service, program, or |
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| benefit, but shall not affect any entitlement to a service, |
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| program, or benefit created by any other law.
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