Full Text of HB4020 93rd General Assembly
HB4020eng 93RD GENERAL ASSEMBLY
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| AN ACT in relation to health.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Community Services Act is amended by adding | 5 |
| Sections 4.4 and
4.5 as follows:
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| (405 ILCS 30/4.4 new)
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| Sec. 4.4. Funding reinvestment.
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| (a) The purposes of this Section are as follows:
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| (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
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| 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
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| provide appropriate residential and community-based | 18 |
| support services to persons
with disabilities who wish to | 19 |
| live in a less restrictive setting.
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| (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
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| 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.
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| (b) In this Section:
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| "Office of Developmental Disabilities" means the Office of | 30 |
| Developmental
Disabilities within the Department of Human | 31 |
| Services.
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| "Office of Mental Health" means the Office of Mental Health |
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| within the
Department of Human Services.
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| (c) On and after the effective date of this amendatory Act | 3 |
| of the 93rd
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.
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| (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
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| mental health needs:
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| (1) The closing of any such State-operated facility for | 18 |
| the
developmentally disabled or mental health facility.
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| (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.
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| (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
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| remaining State-operated facilities that will be expected to | 33 |
| handle the
individuals
previously served at the closed | 34 |
| facility.
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| (e) The purposes of redirecting this funding shall include, | 36 |
| but not be
limited to, providing the following services and |
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| supports for individuals with
developmental disabilities and | 2 |
| mental health needs:
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| (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.
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| (2) Residence in another State-operated facility.
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| (3) Rehabilitation and support services, including | 12 |
| assertive community
treatment, case management, supportive | 13 |
| and supervised day treatment, and
psychosocial | 14 |
| rehabilitation.
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| (4) Vocational or developmental training, as | 16 |
| appropriate, that contributes
to the person's independence | 17 |
| and employment potential.
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| (5) Employment or supported employment, as | 19 |
| appropriate, free from
discrimination pursuant to the | 20 |
| Constitution and laws of this State.
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| (6) In-home family supports, such as respite services | 22 |
| and client and
family supports.
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| (7) Periodic reevaluation, as needed.
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| (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
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| funding for some other governmental purpose or to relieve other | 30 |
| State funding
expenditures.
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| (405 ILCS 30/4.5 new)
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| Sec. 4.5. Consultation with advisory and advocacy groups.
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| 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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| Developmental
Disabilities
within the Department of Human | 2 |
| Services or (ii) a mental health facility
operated by the
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| 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, and advisory groups whose
mission
includes | 9 |
| advocacy for persons with developmental disabilities or | 10 |
| persons with
mental
illness.
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law. |
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