093_HB0684enr HB0684 Enrolled LRB093 05504 MKM 05595 b 1 AN ACT concerning disabled persons. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Disabilities Services Act of 2003. 6 Section 5. Purpose. It is the purpose of this Act to 7 create an advisory committee to develop and implement a 8 disabilities services implementation plan as provided in 9 Section 20 to ensure compliance by the State of Illinois with 10 the Americans with Disabilities Act and the decision in 11 Olmstead v. L.C., 119 S.Ct. 2176 (1999). 12 Section 10. Application of Act; definitions. 13 (a) This Act applies to persons with disabilities. The 14 disabilities included are defined for purposes of this Act as 15 follows: 16 "Disability" means a disability as defined by the 17 Americans with Disabilities Act of 1990 that is attributable 18 to a developmental disability, a mental illness, or a 19 physical disability, or combination of those. 20 "Developmental disability" means a disability that is 21 attributable to mental retardation or a related condition. A 22 related condition must meet all of the following conditions: 23 (1) It must be attributable to cerebral palsy, 24 epilepsy, or autism, or any other condition (other than 25 mental illness) found to be closely related to mental 26 retardation because that condition results in impairment 27 of general intellectual functioning or adaptive behavior 28 similar to that of individuals with mental retardation, 29 and requires treatment or services similar to those 30 required for those individuals. HB0684 Enrolled -2- LRB093 05504 MKM 05595 b 1 (2) It must be manifested before the individual 2 reaches age 22. 3 (3) It must be likely to continue indefinitely. 4 (4) It must result in substantial functional 5 limitations in 3 or more of the following areas of major 6 life activity: self-care, language, learning, mobility, 7 self-direction, and capacity for independent living. 8 "Mental Illness" means a mental or emotional disorder 9 verified by a diagnosis contained in the Diagnostic and 10 Statistical Manual of Mental Disorders-Fourth Edition, 11 published by the American Psychiatric Association (DSM-IV) or 12 International Classification of Diseases, 9th Revision, 13 Clinical Modification (ICD-9-CM) that substantially impairs a 14 person's cognitive, emotional, or behavioral functioning, or 15 any combination of those, excluding (i) conditions that may 16 be the focus of clinical attention but are not of sufficient 17 duration or severity to be categorized as a mental illness, 18 such as parent-child relational problems, partner-relational 19 problems, sexual abuse of a child, bereavement, academic 20 problems, phase-of-life problems, and occupational problems 21 (collectively, "V codes"), (ii) organic disorders such as 22 substance intoxication dementia, substance withdrawal 23 dementia, Alzheimer's disease, vascular dementia, dementia 24 due to HIV infection, and dementia due to Creutzfeld-Jakob 25 disease and disorders associated with known or unknown 26 physical conditions such as hallucinasis, amnestic disorders 27 and delirium, and psychoactive substance-induced organic 28 disorders, and (iii) mental retardation or psychoactive 29 substance use disorders. 30 "Mental retardation" means significantly sub-average 31 general intellectual functioning existing concurrently with 32 deficits in adaptive behavior and manifested before the age 33 of 22 years. 34 "Physical disability" means a disability as defined by HB0684 Enrolled -3- LRB093 05504 MKM 05595 b 1 the Americans with Disabilities Act of 1990 that meets the 2 following criteria: 3 (1) It is attributable to a physical impairment. 4 (2) It results in a substantial functional 5 limitation in 3 or more of the following areas of major 6 life activity: (i) self-care, (ii) receptive and 7 expressive language, (iii) learning, (iv) mobility, (v) 8 self-direction, (vi) capacity for independent living, and 9 (vii) economic sufficiency. 10 (3) It reflects the person's need for a combination 11 and sequence of special, interdisciplinary, or general 12 care, treatment, or other services that are of lifelong 13 or of extended duration and must be individually planned 14 and coordinated. 15 (b) In this Act: 16 "Chronological age-appropriate services" means services, 17 activities, and strategies for persons with disabilities that 18 are representative of the lifestyle activities of nondisabled 19 peers of similar age in the community. 20 "Comprehensive evaluation" means procedures used by 21 qualified professionals selectively with an individual to 22 determine whether a person has a disability and the nature 23 and extent of the services that the person with a disability 24 needs. 25 "Department" means the Department on Aging, the 26 Department of Human Services, the Department of Public 27 Health, the Department of Public Aid, the University of 28 Illinois Division of Specialized Care for Children, the 29 Department of Children and Family Services, and the Illinois 30 State Board of Education, where appropriate, as designated in 31 the implementation plan developed under Section 20. 32 "Family" means a natural, adoptive, or foster parent or 33 parents or other person or persons responsible for the care 34 of an individual with a disability in a family setting. HB0684 Enrolled -4- LRB093 05504 MKM 05595 b 1 "Family or individual support" means those resources and 2 services that are necessary to maintain an individual with a 3 disability within the family home or his or her own home. 4 These services may include, but are not limited to, cash 5 subsidy, respite care, and counseling services. 6 "Independent service coordination" means a social service 7 that enables persons with disabilities and their families to 8 locate, use, and coordinate resources and opportunities in 9 their communities on the basis of individual need. 10 Independent service coordination is independent of providers 11 of services and funding sources and is designed to ensure 12 accessibility, continuity of care, and accountability and to 13 maximize the potential of persons with disabilities for 14 independence, productivity, and integration into the 15 community. Independent service coordination includes, at a 16 minimum: (i) outreach to identify eligible individuals; (ii) 17 assessment and periodic reassessment to determine each 18 individual's strengths, functional limitations, and need for 19 specific services; (iii) participation in the development of 20 a comprehensive individual service or treatment plan; (iv) 21 referral to and linkage with needed services and supports; 22 (v) monitoring to ensure the delivery of appropriate services 23 and to determine individual progress in meeting goals and 24 objectives; and (vi) advocacy to assist the person in 25 obtaining all services for which he or she is eligible or 26 entitled. 27 "Individual service or treatment plan" means a recorded 28 assessment of the needs of a person with a disability, a 29 description of the services recommended, the goals of each 30 type of element of service, an anticipated timetable for the 31 accomplishment of the goals, and a designation of the 32 qualified professionals responsible for the implementation of 33 the plan. 34 "Least restrictive environment" means an environment that HB0684 Enrolled -5- LRB093 05504 MKM 05595 b 1 represents the least departure from the normal patterns of 2 living and that effectively meets the needs of the person 3 receiving the service. 4 Section 15. Services. Services shall be provided in 5 accordance with the individual service or treatment plan 6 developed for an individual under this Section. The 7 individual shall initially be screened for potential 8 eligibility by the appropriate State agency and, if the 9 individual is deemed probably eligible for a disability 10 service or program, a comprehensive evaluation of the 11 individual shall be conducted to determine the services and 12 programs appropriate for that individual. The array of 13 available services shall be described in the Disabilities 14 Services Implementation Plan required under this Act and 15 shall include, but need not be limited to: 16 (1) Comprehensive evaluation and diagnosis. A 17 person with a suspected disability who is applying for 18 Department-authorized disability services must receive, 19 after an initial screening and a determination of 20 probable eligibility for a disability service or program, 21 a comprehensive diagnosis and evaluation, including an 22 assessment of skills, abilities, and potential for 23 residential and work placement, adapted to his or her 24 primary language, cultural background, and ethnic origin. 25 All components of a comprehensive evaluation must be 26 administered by a qualified examiner. 27 (2) Individual service or treatment plan. A person 28 with a disability shall receive services in accordance 29 with a current individual service or treatment plan. A 30 person with a disability who is receiving services shall 31 be provided periodic reevaluation and review of the 32 individual service or treatment plan, at least annually, 33 in order to measure progress, to modify or change HB0684 Enrolled -6- LRB093 05504 MKM 05595 b 1 objectives if necessary, and to provide guidance and 2 remediation techniques. 3 A person with a disability and his or her guardian 4 have the right to participate in the planning and 5 decision-making process regarding the person's individual 6 service or treatment plan and to be informed in writing, 7 or in that person's mode of communication, of progress at 8 reasonable time intervals. Each person must be given the 9 opportunity to make decisions and exercise options 10 regarding the plan, consistent with the person's 11 capabilities. Family members and other representatives of 12 the person with a disability must be allowed, encouraged, 13 and supported to participate as well, if the person with 14 a disability consents to that participation. 15 (3) Nondiscriminatory access to services. A person 16 with a disability may not be denied program services 17 because of sex, ethnic origin, marital status, ability to 18 pay (except where contrary to law), or criminal record. 19 Specific program eligibility requirements with regard to 20 disability, level of need, age, and other matters may be 21 established by the Department by rule. The Department 22 may set priorities for the provision of services and for 23 determining the need and eligibility for services in 24 accordance with available funding. 25 (4) Family or individual support. A person with a 26 disability must be provided family or individual support 27 services, or both, whenever possible and appropriate, to 28 prevent unnecessary out-of-home placement and to foster 29 independent living skills when authorized for such 30 services. 31 (5) Residential choices and options. A person with 32 a disability who requires residential placement in a 33 supervised or supported setting must be provided choices 34 among various residential options when authorized for HB0684 Enrolled -7- LRB093 05504 MKM 05595 b 1 those services. The placement must be offered in the 2 least restrictive environment appropriate to the 3 individual. 4 (6) Education. A person with a disability has the 5 right to a free, appropriate public education as provided 6 in both State and federal law. Each local educational 7 agency must prepare persons with disabilities for adult 8 living. In anticipation of adulthood, each person with a 9 disability has the right to a transition plan developed 10 and ready for implementation before the person's exit by 11 no later than the school year in which the person reaches 12 age 14, consistent with the requirements of the federal 13 Individuals with Disabilities Education Act and Article 14 XIV of the School Code. 15 (7) Vocational training. A person with a 16 disability must be provided vocational training, when 17 appropriate, that contributes to the person's 18 independence and employment potential. This training 19 should include strategies and activities in programs that 20 lead to employment and reemployment in the least 21 restrictive environment appropriate to the individual. 22 (8) Employment. A person with a disability has the 23 right to be employed free from discrimination, pursuant 24 to the Constitution and laws of this State. 25 (9) Independent service coordination. A person with 26 a disability who is receiving direct services from the 27 Department must be provided independent service 28 coordination when needed. 29 (10) Due process. A person with a disability 30 retains the rights of citizenship. Any person aggrieved 31 by a decision of a department regarding services 32 provided under this Act must be given an opportunity to 33 present complaints at a due process hearing before an 34 impartial hearing officer designated by the director of HB0684 Enrolled -8- LRB093 05504 MKM 05595 b 1 that department. Any person aggrieved by a final 2 administrative decision rendered following the due 3 process hearing may seek judicial review of that decision 4 pursuant to the Administrative Review Law. The term 5 "administrative decision" is defined as in Section 3-101 6 of the Code of Civil Procedure. Attorney's fees and costs 7 may be awarded to a prevailing complainant in any due 8 process hearing or action for judicial review under this 9 Act. 10 The right to a hearing under this item (10) is in 11 addition to any other rights under federal, State, or 12 local laws, however nothing in this Section shall be 13 construed as requiring the establishment of a new due 14 process hearing procedure if one already exists for a 15 particular service or program. 16 Section 20. Implementation. 17 (a) The Governor shall appoint an advisory committee to 18 assist in the development and implementation of a 19 Disabilities Services Implementation Plan that will ensure 20 compliance by the State of Illinois with the Americans with 21 Disabilities Act and the decision in Olmstead v. L.C., 119 22 S.Ct. 2176 (1999). The advisory committee shall be known as 23 the Illinois Disabilities Services Advisory Committee and 24 shall be composed of no more than 33 members, including: 25 persons who have a physical disability, a developmental 26 disability, or a mental illness; senior citizens; advocates 27 for persons with physical disabilities; advocates for 28 persons with developmental disabilities; advocates for 29 persons with mental illness; advocates for senior citizens; 30 representatives of providers of services to persons with 31 physical disabilities, developmental disabilities, and mental 32 illness; representatives of providers of services to senior 33 citizens; and representatives of organized labor. HB0684 Enrolled -9- LRB093 05504 MKM 05595 b 1 In addition, the following State officials shall serve on 2 the committee as ex-officio non-voting members: the Secretary 3 of Human Services or his or her designee; the State 4 Superintendent of Education or his or her designee; the 5 Director of Aging or his or her designee; the Executive 6 Director of the Illinois Housing Development Authority or his 7 or her designee; the Director of Public Aid or his or her 8 designee; and the Director of Employment Security or his or 9 her designee. 10 The advisory committee shall select officers, including a 11 chair and a vice-chair. 12 The advisory committee shall meet at least quarterly and 13 shall keep official meeting minutes. Committee members shall 14 not be compensated but shall be paid for their expenses 15 related to attendance at meetings. 16 (b) The implementation plan must include, but need not 17 be limited to, the following: 18 (1) Establishing procedures for completing 19 comprehensive evaluations, including provisions for 20 Department review and approval of need determinations. 21 The Department may utilize independent evaluators and 22 targeted or sample reviews during this review and 23 approval process, as it deems appropriate. 24 (2) Establishing procedures for the development of 25 an individual service or treatment plan for each person 26 with a disability, including provisions for Department 27 review and authorization. 28 (3) Identifying core services to be provided by 29 agencies of the State of Illinois or other agencies. 30 (4) Establishing minimum standards for 31 individualized services. 32 (5) Establishing minimum standards for residential 33 services in the least restrictive environment. 34 (6) Establishing minimum standards for vocational HB0684 Enrolled -10- LRB093 05504 MKM 05595 b 1 services. 2 (7) Establishing due process hearing procedures. 3 (8) Establishing minimum standards for family 4 support services. 5 (9) Securing financial resources necessary to 6 fulfill the purposes and requirements of this Act, 7 including but not limited to obtaining approval and 8 implementing waivers or demonstrations authorized under 9 federal law. 10 (c) The Governor, with the assistance of the Illinois 11 Disabilities Services Advisory Committee and the Secretary of 12 Human Services, is responsible for the completion of the 13 implementation plan. The Governor must submit a report to the 14 General Assembly by November 1, 2004, which must include the 15 following: 16 (1) The implementation plan. 17 (2) A description of current and planned programs 18 and services necessary to meet the requirements of the 19 individual service or treatment plans required by this 20 Act, together with the actions to be taken by the State 21 of Illinois to ensure that those plans will be 22 implemented. This description shall include a report of 23 related program and service improvements or expansions 24 implemented by the Department since the effective date of 25 this Act. 26 (3) The estimated costs of current and planned 27 programs and services to be provided under the 28 implementation plan. 29 (4) A report on the number of persons with 30 disabilities who may be eligible to receive services 31 under this Act, together with a report on the number of 32 persons who are currently receiving those services. 33 (5) Any proposed changes in State policies, laws, 34 or regulations necessary to fulfill the purposes and HB0684 Enrolled -11- LRB093 05504 MKM 05595 b 1 requirements of this Act. 2 (d) The Governor, with the assistance of the Secretary 3 of Human Services, shall annually update the implementation 4 plan and report changes to the General Assembly by July 1 of 5 each year. Initial implementation of the plan is required by 6 July 1, 2005. The requirement of annual updates and reports 7 expires in 2008, unless otherwise extended by the General 8 Assembly. 9 Section 25. Appropriations. Services shall be provided 10 under this Act to the extent that appropriations are made 11 available by the General Assembly for the programs and 12 services indicated in the implementation plan. 13 Section 30. Entitlements. This Act does not create any 14 new entitlement to a service, program, or benefit, but shall 15 not be construed to affect any entitlement to a service, 16 program, or benefit created by any other law. 17 (405 ILCS 80/1-1 rep.) 18 (405 ILCS 80/1-2 rep.) 19 (405 ILCS 80/1-3 rep.) 20 (405 ILCS 80/1-4 rep.) 21 (405 ILCS 80/1-5 rep.) 22 Section 90. The Developmental Disability and Mental 23 Disability Services Act is amended by repealing Sections 1-1, 24 1-2, 1-3, 1-4, and 1-5 (the Developmental Disabilities 25 Services Law). 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.