95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1664

 

Introduced 2/9/2007, by Sen. Ms. Mattie Hunter

 

SYNOPSIS AS INTRODUCED:
 
405 ILCS 30/1   from Ch. 91 1/2, par. 901
405 ILCS 30/2   from Ch. 91 1/2, par. 902
405 ILCS 30/3   from Ch. 91 1/2, par. 903
405 ILCS 30/4   from Ch. 91 1/2, par. 904

    Amends the Community Services Act. Changes references from "disabled person" to "person with a disability". Provides that a shift from State-provided services to community services should be acknowledged by the State as a clear priority in policies and funding that values community services and supports for persons who choose to live and work in those settings, with the needed resources following the individual. Requires the Governor to appoint a commission by July 1, 2007, or as soon thereafter as possible, to prioritize a strategy for identifying a stream of revenue to address gaps and prioritize use of that revenue on rates and reimbursements for community services and supports. Provides that the commission shall have representation from the Department of Human Services, the General Assembly, persons with disabilities and mental illness, community providers, and trade associations. Provides that the rate and reimbursement methodologies must reflect the cost of providing services and supports, recognize individual disability needs, and consider geographic differences, transportation costs, required staffing ratios, and mandates not currently funded. Makes other changes. Effective immediately.


LRB095 09053 DRJ 29244 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1664 LRB095 09053 DRJ 29244 b

1     AN ACT concerning 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
5 changing Sections 1, 2, 3, and 4 as follows:
 
6     (405 ILCS 30/1)  (from Ch. 91 1/2, par. 901)
7     Sec. 1. Purpose. It is declared to be the policy and intent
8 of the Illinois General Assembly that the Department of Human
9 Services assume leadership in facilitating the establishment
10 of comprehensive and coordinated arrays of private and public
11 services for persons with mental illness, persons with a
12 developmental disability, and alcohol and drug dependent
13 citizens residing in communities throughout the state. The
14 Department shall work in partnership with local government
15 entities, direct service providers, voluntary associations and
16 communities to create a system that is sensitive to the needs
17 of local communities and which complements existing family and
18 other natural supports, social institutions and programs.
19     The goals of the service system shall include but not be
20 limited to the following: to strengthen the person with a
21 disability's disabled individual's independence, self-esteem
22 and ability to participate in and contribute to community life;
23 to insure continuity of care for persons with a disability

 

 

SB1664 - 2 - LRB095 09053 DRJ 29244 b

1 clients; to enable persons with a disability disabled persons
2 to access needed services, commensurate with their individual
3 wishes and needs, regardless of where they reside in the state;
4 to prevent unnecessary institutionalization and the
5 dislocation of individuals from their home communities; to
6 provide a range of services so that persons can receive these
7 services in settings which do not unnecessarily restrict their
8 liberty; and to encourage persons with a disability clients to
9 move among settings as their needs change.
10     The system shall include provision of services in the areas
11 of prevention, client assessment and diagnosis, case
12 coordination, crisis and emergency care, treatment and
13 habilitation and support services, and community residential
14 alternatives to institutional settings. The General Assembly
15 recognizes that community programs are a core and essential an
16 integral part of the larger service system, which includes
17 state-operated facilities for persons who cannot receive
18 appropriate services in the community. Whereas the community is
19 providing more of the services and supports formerly provided
20 by the State, such a shift should be acknowledged by the State
21 as a clear priority in policies and funding that values
22 community services and supports for persons who choose to live
23 and work in those settings, with the needed resources following
24 the individual.
25     Towards achievement of these ends, the Department of Human
26 Services, working in coordination with other State agencies,

 

 

SB1664 - 3 - LRB095 09053 DRJ 29244 b

1 shall assume responsibilities pursuant to this Act, which
2 includes activities in the areas of planning, quality
3 assurance, program evaluation, community education, and the
4 provision of financial and technical assistance to local
5 provider agencies.
6 (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
 
7     (405 ILCS 30/2)  (from Ch. 91 1/2, par. 902)
8     Sec. 2. Community Services System. Services should be
9 planned, developed, delivered and evaluated as part of a
10 comprehensive and coordinated system. The Department of Human
11 Services shall encourage the establishment of services in each
12 area of the State which cover the services categories described
13 below. What specific services are provided under each service
14 category shall be based on local needs; special attention shall
15 be given to unserved and underserved populations, including
16 children and youth, racial and ethnic minorities, and the
17 elderly. The service categories shall include:
18     (a) Prevention: services designed primarily to reduce the
19 incidence and ameliorate the severity of developmental
20 disabilities, mental illness and alcohol and drug dependence;
21     (b) Client Assessment and Diagnosis: services designed to
22 identify persons with developmental disabilities, mental
23 illness and alcohol and drug dependency; to determine the
24 extent of the disability and the level of functioning;
25 information obtained through client evaluation can be used in

 

 

SB1664 - 4 - LRB095 09053 DRJ 29244 b

1 individual treatment and habilitation plans; to assure
2 appropriate placement and to assist in program evaluation;
3     (c) Case Coordination: services to provide information and
4 assistance to persons with a disability disabled persons to
5 insure that they obtain needed services provided by the private
6 and public sectors; case coordination services should be
7 available to individuals whose functioning level or history of
8 institutional recidivism or long-term care indicate that such
9 assistance is required for successful community living;
10     (d) Crisis and Emergency: services to assist individuals
11 and their families through crisis periods, to stabilize
12 individuals under stress and to prevent unnecessary
13 institutionalization;
14     (e) Treatment, Habilitation and Support: services designed
15 to help individuals develop skills which promote independence
16 and improved levels of social and vocational functioning and
17 personal growth; and to provide non-treatment support services
18 which are necessary for successful community living;
19     (f) Community Residential Alternatives to Institutional
20 Settings: services to provide living arrangements for persons
21 unable to live independently; the level of supervision,
22 services provided and length of stay at community residential
23 alternatives will vary by the type of program and the needs and
24 functioning level of the residents; other services may be
25 provided in a community residential alternative which promote
26 the acquisition of independent living skills and integration

 

 

SB1664 - 5 - LRB095 09053 DRJ 29244 b

1 with the community.
2 (Source: P.A. 89-507, eff. 7-1-97.)
 
3     (405 ILCS 30/3)  (from Ch. 91 1/2, par. 903)
4     Sec. 3. Responsibilities for Community Services. Pursuant
5 to this Act, the Department of Human Services shall facilitate
6 the establishment of a comprehensive and coordinated array of
7 community services based upon a federal, State and local
8 partnership. In order to assist in implementation of this Act,
9 the Department shall prescribe and publish rules and
10 regulations. The Department may request the assistance of other
11 State agencies, local government entities, direct services
12 providers, trade associations, and others in the development of
13 these regulations or other policies related to community
14 services.
15     The Department shall assume the following roles and
16 responsibilities for community services:
17     (a) Service Priorities. Within the service categories
18 described in Section 2 of this Act, establish and publish
19 priorities for community services to be rendered, and priority
20 populations to receive these services.
21     (b) Planning. By January 1, 1994 and by January 1 of each
22 third year thereafter, prepare and publish a Plan which
23 describes goals and objectives for community services
24 state-wide and for regions and subregions needs assessment,
25 steps and time-tables for implementation of the goals also

 

 

SB1664 - 6 - LRB095 09053 DRJ 29244 b

1 shall be included; programmatic goals and objectives for
2 community services shall cover the service categories defined
3 in Section 2 of this Act; the Department shall insure local
4 participation in the planning process.
5     (c) Public Information and Education. Develop programs
6 aimed at improving the relationship between communities and
7 their disabled residents with disabilities; prepare and
8 disseminate public information and educational materials on
9 the prevention of developmental disabilities, mental illness,
10 and alcohol or drug dependence, and on available treatment and
11 habilitation services for persons with these disabilities.
12     (d) Quality Assurance. Promulgate minimum program
13 standards, rules and regulations to insure that Department
14 funded services maintain acceptable quality and assure
15 enforcement of these standards through regular monitoring of
16 services and through program evaluation; this applies except
17 where this responsibility is explicitly given by law to another
18 State agency.
19     (d-5) Accreditation requirements for providers of mental
20 health and substance abuse treatment services. Except when the
21 federal or State statutes authorizing a program, or the federal
22 regulations implementing a program, are to the contrary,
23 accreditation shall be accepted by the Department in lieu of
24 the Department's facility or program certification or
25 licensure onsite review requirements and shall be accepted as a
26 substitute for the Department's administrative and program

 

 

SB1664 - 7 - LRB095 09053 DRJ 29244 b

1 monitoring requirements, except as required by subsection
2 (d-10), in the case of:
3         (1) Any organization from which the Department
4     purchases mental health or substance abuse services and
5     that is accredited under any of the following: the
6     Comprehensive Accreditation Manual for Behavioral Health
7     Care (Joint Commission on Accreditation of Healthcare
8     Organizations (JCAHO)); the Comprehensive Accreditation
9     Manual for Hospitals (JCAHO); the Standards Manual for the
10     Council on Accreditation for Children and Family Services
11     (Council on Accreditation for Children and Family Services
12     (COA)); or the Standards Manual for Organizations Serving
13     People with Disabilities (the Rehabilitation Accreditation
14     Commission (CARF)).
15         (2) Any mental health facility or program licensed or
16     certified by the Department, or any substance abuse service
17     licensed by the Department, that is accredited under any of
18     the following: the Comprehensive Accreditation Manual for
19     Behavioral Health Care (JCAHO); the Comprehensive
20     Accreditation Manual for Hospitals (JCAHO); the Standards
21     Manual for the Council on Accreditation for Children and
22     Family Services (COA); or the Standards Manual for
23     Organizations Serving People with Disabilities (CARF).
24         (3) Any network of providers from which the Department
25     purchases mental health or substance abuse services and
26     that is accredited under any of the following: the

 

 

SB1664 - 8 - LRB095 09053 DRJ 29244 b

1     Comprehensive Accreditation Manual for Behavioral Health
2     Care (JCAHO); the Comprehensive Accreditation Manual for
3     Hospitals (JCAHO); the Standards Manual for the Council on
4     Accreditation for Children and Family Services (COA); the
5     Standards Manual for Organizations Serving People with
6     Disabilities (CARF); or the National Committee for Quality
7     Assurance. A provider organization that is part of an
8     accredited network shall be afforded the same rights under
9     this subsection.
10     (d-10) For mental health and substance abuse services, the
11 Department may develop standards or promulgate rules that
12 establish additional standards for monitoring and licensing
13 accredited programs, services, and facilities that the
14 Department has determined are not covered by the accreditation
15 standards and processes. These additional standards for
16 monitoring and licensing accredited programs, services, and
17 facilities and the associated monitoring must not duplicate the
18 standards and processes already covered by the accrediting
19 bodies.
20     (d-15) The Department shall be given proof of compliance
21 with fire and health safety standards, which must be submitted
22 as required by rule.
23     (d-20) The Department, by accepting the survey or
24 inspection of an accrediting organization, does not forfeit its
25 rights to perform inspections at any time, including contract
26 monitoring to ensure that services are provided in accordance

 

 

SB1664 - 9 - LRB095 09053 DRJ 29244 b

1 with the contract. The Department reserves the right to monitor
2 a provider of mental health and substance abuse treatment
3 services when the survey or inspection of an accrediting
4 organization has established any deficiency in the
5 accreditation standards and processes.
6     (d-25) On and after the effective date of this amendatory
7 Act of the 92nd General Assembly, the accreditation
8 requirements of this Section apply to contracted organizations
9 that are already accredited.
10     (e) Program Evaluation. Develop a system for conducting
11 evaluation of the effectiveness of community services,
12 according to preestablished performance standards; evaluate
13 the extent to which performance according to established
14 standards aids in achieving the goals of this Act; evaluation
15 data also shall be used for quality assurance purposes as well
16 as for planning activities.
17     (f) Research. Conduct research in order to increase
18 understanding of mental illness, developmental disabilities
19 and alcohol and drug dependence.
20     (g) Technical Assistance. Provide technical assistance to
21 provider agencies receiving funds or serving clients in order
22 to assist these agencies in providing appropriate, quality
23 services; also provide assistance and guidance to other State
24 agencies and local governmental bodies serving the disabled in
25 order to strengthen their efforts to provide appropriate
26 community services; and assist provider agencies in accessing

 

 

SB1664 - 10 - LRB095 09053 DRJ 29244 b

1 other available funding, including federal, State, local,
2 third-party and private resources.
3     (h) Placement Process. Promote the appropriate placement
4 of clients in community services through the development and
5 implementation of client assessment and diagnostic instruments
6 to assist in identifying the individual's service needs; client
7 assessment instruments also can be utilized for purposes of
8 program evaluation; whenever possible, assure that placements
9 in State-operated facilities are referrals from community
10 agencies.
11     (i) Interagency Coordination. Assume leadership in
12 promoting cooperation among State health and human service
13 agencies to insure that a comprehensive, coordinated community
14 services system is in place; to insure persons with a
15 disability disabled persons access to needed services; and to
16 insure continuity of care and allow clients to move among
17 service settings as their needs change; also work with other
18 agencies to establish effective prevention programs.
19     (j) Financial Assistance. Provide financial assistance to
20 local provider agencies through purchase-of-care contracts and
21 grants, pursuant to Section 4 of this Act.
22 (Source: P.A. 92-755, eff. 8-2-02.)
 
23     (405 ILCS 30/4)  (from Ch. 91 1/2, par. 904)
24     Sec. 4. Financing for Community Services. The Department of
25 Human Services is authorized to provide financial

 

 

SB1664 - 11 - LRB095 09053 DRJ 29244 b

1 reimbursement assistance to eligible private service
2 providers, corporations, local government entities or
3 voluntary associations for the provision of services to persons
4 with mental illness, persons with a developmental disability
5 and alcohol and drug dependent persons living in the community
6 for the purpose of achieving the goals of this Act.
7     The Department shall utilize the following funding
8 mechanisms for community services:
9         (1) Purchase of Care Contracts: services purchased on a
10     predetermined fee per unit of service basis from private
11     providers or governmental entities. Fee per service rates
12     are set by an established formula which covers some portion
13     of personnel, supplies, and other allowable costs, and
14     which makes some allowance for geographic variations in
15     costs as well as for additional program components.
16         (2) Grants: sums of money which the Department grants
17     to private providers or governmental entities pursuant to
18     the grant recipient's agreement to provide certain
19     services, as defined by departmental grant guidelines, to
20     an approximate number of service recipients. Grant levels
21     are set through consideration of personnel, supply and
22     other allowable costs, as well as other funds available to
23     the program.
24         (3) Other Funding Arrangements: funding mechanisms may
25     be established on a pilot basis in order to examine the
26     feasibility of alternative financing arrangements for the

 

 

SB1664 - 12 - LRB095 09053 DRJ 29244 b

1     provision of community services.
2     The Department shall strive to establish and maintain an
3 equitable system of payment which allows encourages providers
4 to improve persons with disabilities' their clients'
5 capabilities for independence and reduces their reliance on
6 community or State-operated services. The Governor shall
7 appoint a commission by July 1, 2007, or as soon thereafter as
8 possible, to prioritize a strategy for identifying a stream of
9 revenue to address gaps and prioritize use of that revenue on
10 rates and reimbursements for community services and supports.
11 The commission shall have representation from the Department,
12 the General Assembly, persons with disabilities and mental
13 illness, community providers, and trade associations. The rate
14 and reimbursement methodologies must reflect the cost of
15 providing services and supports, recognize individual
16 disability needs, and consider geographic differences,
17 transportation costs, required staffing ratios, and mandates
18 not currently funded.
19     In accepting Department funds, providers shall recognize
20 their responsibility to be accountable to the Department and
21 the State for the delivery of services which are consistent
22 with the philosophies and goals of this Act and the rules and
23 regulations promulgated under it.
24 (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
 
25     Section 99. Effective date. This Act takes effect upon
26 becoming law.