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.