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

 

 

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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

 

 

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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

 

 

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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.