HB5382ham001 94TH GENERAL ASSEMBLY

Developmental Disabilities and Mental Illness Committee

Filed: 2/9/2006

09400HB5382ham001 LRB094 19398 RSP 55591 a

AMENDMENT TO HOUSE BILL 5382

AMENDMENT NO. ______. Amend House Bill 5382 as follows:

on page 1, line 6, by replacing "27 and 28" with "22, 27, and 28"; and

on page 1, line 14, before the period, by inserting "and to develop a more comprehensive system of community supports and services that will enable persons with disabilities to transition to the most appropriate integrated setting possible in accordance with their needs, preferences and capacity to be served in that setting. Furthermore, the intent of this Act is to provide a framework for steps to be undertaken by the State of Illinois that will ensure successful implementation of the Olmstead decision. The "Initial Technical Assistance Recommendations Regarding Developing Comprehensive, Effectively Working Plans" issued to states on January 15, 2000 by the United States Department of Health and Human Services shall be considered as one of the key documents to guide the planning and implementation required by this Act"; and

on page 14, immediately after line 1, by inserting the following:

"(20 ILCS 2407/22 new)

Sec. 22. Readiness assessment. By January 1, 2007, the Department of Human Services, the Department of Healthcare and Family Services, and the Department on Aging shall cooperatively arrange for the implementation of assessments of the readiness of individuals with disabilities to effect appropriate and medically necessary transitions to the most integrated setting possible, taking into consideration the individual's needs, preferences, and capacity to be served in that setting. The Departments shall also conduct an assessment of the readiness of the State to effect any transitions that individuals may prefer and require, taking into consideration the availability of resources to accomplish the placements. The assessment of the State's readiness shall include all relevant information available that will determine the scope and nature of the supports and services that may be necessary to effect these transitions. The assessment of the State's capacity shall include: (i) a determination regarding the requisite skills, competencies, and qualifications necessary to support persons with disabilities in their communities; (ii) a determination regarding the sufficiency of qualified agency and individual providers to meet the needs of the people with disabilities in their communities; and (iii) a determination of the capacity of the community service system to provide the necessary support and services effectively and efficiently consistent with the service plans of the individuals with disabilities in their communities. The assessment of the State's capacity shall also determine the extent to which the payers of care cover the cost of the supports and services that are to be provided, and any adjustments to the rates of payment that may be necessary to ensure the availability and delivery of those supports and services.".