HB3893 97TH GENERAL ASSEMBLY

LRB097 14519 KTG 60158 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3893

Introduced 11/29/2011, by Rep. Esther Golar

SYNOPSIS AS INTRODUCED:

New Act

Creates the Consumer Alternatives Program Act. Directs the Department of Human Services to implement the Consumer Alternatives Program to prevent or avoid the unnecessary institutional care treatment of individuals with mental disorders or a co-occurring disorder of mental illness and substance abuse or addiction and to provide cost effective, community alternatives and supports that enable these individuals to live successfully in the community. Requires implementation of the Program during fiscal year 2013. Makes implementation of the Program dependent upon funds appropriated by the General Assembly. Provides that participants in the program may receive certain services such as a comprehensive evaluation that includes an assessment of skills, abilities, and potential for living in the community and work placement; family or individual support services; case coordination services; and vocational training. Prohibits the denial of program services because of age, sex, ethnic origin, marital status, ability to pay (except when contrary to law), degree of disability, or illness. Requires the Department of Commerce and Economic Opportunity to assist the Department of Human Services in developing housing assistance programs aimed at promoting the ability of individuals with a mental disorder to move from institutions to the most integrated community residence. Effective July 1, 2012.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Consumer Alternatives Program Act.

Section 5. Purposes. The purposes of this Act are to prevent or avoid the unnecessary institutional care treatment of individuals with mental disorders or a co-occurring disorder of mental illness and substance abuse or addiction and to provide cost effective, community alternatives and supports that enable these individuals to live successfully in the community.

Section 10. Definitions. As used in this Act:

"Individual with a disability" means any of the following:

(1) An adult individual who has a physical impairment or mental disorder or co-occurring disorder of mental illness and substance abuse or addiction that substantially limits one or more of the individual's major life activities.

(2) An adult individual who has a record of a physical impairment or mental disorder or co-occurring disorder of mental illness and substance abuse or addiction that substantially limits one or more of the individual's major life activities.

(3) An adult individual who is regarded as having a physical impairment or mental disorder or co-occurring disorder of mental illness and substance abuse or addiction, whether or not the individual has the impairment or disorder.

"Institutional care treatment or services" means care, treatment, or services, including general acute care hospitals, hospitals with distinct parts for psychiatric care, free-standing public or private psychiatric hospitals, community residential treatment facilities, and nursing facilities.

"Mental disorder" means a mental or psychological disorder or a co-occurring disorder of mental illness and substance abuse or addiction.

"Stakeholder" means an advocacy organization or service provider whose mission includes advocacy for or provision of quality services to individuals with mental illness or disorders, substance abuse or addiction, or a co-occurring disorder of mental illness and substance abuse or addiction.

"Supervised or supported setting" means Department of Human Services supported treatment or services in acute care hospitals, hospitals with distinct parts for psychiatric care, free-standing public or private psychiatric hospitals, community residential treatment facilities, and nursing facilities.

"Department" means the Department of Human Services.

"Program" means the Consumer Alternatives Program.

Section 15. Implementation of the Consumer Alternatives Program. The Department of Human Services is directed to implement the Consumer Alternatives Program for individuals with a mental disorder or a co-occurring disorder of mental illness and substance abuse or addiction. The Program shall:

(1) Be designed to provide a system of services and supports that enable those individuals with a disability, including individuals with a mental disorder, to live in the community. The Department of Human Services shall begin implementation of the Program during fiscal year 2013. The Department of Healthcare and Family Services, the Department of Public Health, and other State agencies as appropriate shall cooperate fully with the Department in fulfilling the Program's requirements.

(2) Be accompanied by a multiple year plan or plans for any closing or restructuring and plans for State-operated facilities supported by a plan detailing State financial resources for the statewide development and implementation of local community support systems inclusive of acute care with an emphasis on care and treatment of extended or repeated users of inpatient or other intensive mental health care, treatment, and services.

(3) Be developed in cooperation with the General Assembly, consumers, advocates, stakeholders, and community behavioral health care providers as alternatives when appropriate, to those currently offered by or at State-operated facilities.

Section 20. Community services. In order to prevent or avoid unnecessary institutional care or treatment of individuals due to a mental disorder the Department shall implement, coordinate, monitor, and evaluate community services for individuals with disabilities in Illinois in cooperation with all governmental and private resources, organizations, and stakeholders. Services shall address the needs of adult individuals in the following areas:

(1) Mental illness.

(2) Mental illness and substance abuse.

Section 25. Duties; Program components.

(a) Subject to appropriations by the General Assembly, the Department shall do the following:

(1) In order to prevent or avoid unnecessary institutional care, treatment, or services, establish a comprehensive plan to develop and maintain a statewide system of community-based services that reflect the choices and needs of individuals with a mental disorder and their families.

(2) Carry out all functions and duties required by law through collaboration with individuals with a mental disorder, their families and guardians, community organizations, and providers throughout the State.

(3) Facilitate planning, developing, and implementing services and supports for individuals with a mental disorder and their families.

(b) Subject to appropriations by the General Assembly to the Department, the Secretary of the Department of Human Services shall establish initiatives including, but not limited to, the Program to prevent or avoid unnecessary institutional care or services to ensure that individuals needing alternative services are served in the most integrated setting.

(c) The Program's components shall include the following:

(1) Policies to avoid inappropriate use of institutional care, treatment, or services or placement of an individual in acute care hospitals, hospitals with distinct parts for psychiatric care, free-standing public or private psychiatric hospitals, residential treatment facilities, and nursing facilities.

(2) Additional community-based integrated residential settings with appropriate community supports in accordance with an individual program plan or an individual treatment plan, or both.

(3) Training programs on community-based alternatives for institutional discharge staff that treat individuals with disabilities.

(4) A process to inform an individual of all available options for his or her care before that individual makes a decision on his or her care, treatment, or service choices.

(5) A specialist who will assist the individual, prior to placement, in making the move from an institution to a community setting.

(6) Outreach activities to identify individuals in institutions who may wish to move. The Department shall establish the qualifications of persons or organizations, or both, that perform the outreach for community-based organizations funded through the Program. The guardian of the individual, if any, must be afforded the opportunity to be involved with the outreach process and the resident.

Section 30. Provision of services. In accordance with an individual program plan or an individual treatment plan, or both, based on a comprehensive evaluation, individuals with a mental disorder may be provided the services described in the following Sections.

Section 35. Comprehensive evaluation. An individual with a mental disorder who is applying for services is entitled to receive a comprehensive evaluation, including an assessment of skills, abilities, and potential for living in the community and work placement.

Section 40. Individual program or treatment plan. An individual with a mental disorder is entitled to receive services in accordance with a current individual program plan or an individual treatment plan, or both. An individual who is receiving services shall be provided periodic reevaluation and review of the individual program plan or individual treatment plan, or both, in order to measure progress or to modify or change objectives, if necessary. An individual and his or her representatives have the right to participate in the planning and decision-making process regarding the individual's program plan and to be informed in writing, or in that individual's mode of communication, of progress at reasonable time intervals. Each individual must be given the opportunity to make decisions and exercise options regarding the plan, consistent with the individual's capabilities.

Section 45. Nondiscriminatory access to services. An individual with a mental disorder may not be denied program services because of age, sex, ethnic origin, marital status, ability to pay (except when contrary to law), record, degree of disability, or illness.

Section 50. Family or individual support. An individual with a mental disorder must be provided family or individual support services, or both, in accordance with a current individual program plan or an individual treatment plan, or both, to prevent unnecessary out-of-home placement and to foster independent living skills.

Section 55. Residential choices. An individual with a mental disorder or a co-occurring disorder of mental illness and substance abuse who requires care, treatment, or services for a successful residential placement in a supervised or supported setting must be provided a choice among available, clinically appropriate, care, treatment, or services that support residential options including harm reduction models and supportive housing. The care, treatment, or services must be offered in the most integrated community setting possible.

Section 60. Vocational training. An individual with a mental disorder must be provided vocational training, when appropriate, in accordance with a current individual program plan or an individual treatment plan, or both, that contributes to the individual's independence and employment potential. This training must include strategies and activities in programs that increase the individual skills for employment or reemployment.

Section 65. Case coordination services. An individual with a mental disorder or a co-occurring disorder of mental illness and substance abuse must be provided case coordination services, as appropriate, in accordance with a current individual program plan or an individual treatment plan, or both.

Section 70. Due process; judicial review.

(a) An individual with a mental disorder or a co-occurring disorder of mental illness and substance abuse retains the rights of citizenship. Any individual aggrieved by a decision made by a State agency regarding services provided under this Act must be given an opportunity to present complaints at a due process hearing before a hearing officer designated by the director of that department.

(b) Any individual aggrieved by a final administrative decision rendered following the due process hearing may seek judicial review of that decision pursuant to the Administrative Review Law of the Code of Civil Procedure. For purposes of this Section, "administrative decision" has the meaning ascribed to it in Section 3-101 of the Code of Civil Procedure. Reasonable attorney's fees and costs may be awarded to the successful plaintiff in any formal administrative or judicial action.

(c) The right to a hearing under this Section is in addition to any other rights under federal, State, or local laws.

Section 75. Transitional living assistance. The Department of Human Services shall lead a coordinated effort with the Department of Commerce and Economic Opportunity to further develop housing assistance programs to promote the ability of individuals with a mental disorder to move from institutions to the most integrated community residence. The housing assistance programs shall address eligibility criteria, the period a person may receive assistance, and the types of housing expenses to be covered. The Department of Human Services shall administer the programs and may seek the advice of the Department of Commerce and Economic Opportunity for this purpose.

Section 99. Effective date. This Act takes effect July 1, 2012.