Full Text of SB1324 94th General Assembly
SB1324sam001 94TH GENERAL ASSEMBLY
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Sen. M. Maggie Crotty
Filed: 5/5/2005
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| AMENDMENT TO SENATE BILL 1324
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| AMENDMENT NO. ______. Amend Senate Bill 1324 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Community First Act. | 6 |
| Section 5. Purpose. It is the intent of the General | 7 |
| Assembly to promote the civil rights of persons with | 8 |
| disabilities by enabling those who want and who are determined | 9 |
| appropriate for community services, as determined by the State, | 10 |
| to receive them under the United States Supreme Court's | 11 |
| decision in Olmstead v. L.C. 527 U.S. 581 (1999) . | 12 |
| Therefore, the General Assembly's intent is to eliminate | 13 |
| barriers that prevent or restrict the use of funds to allow the | 14 |
| individual to remain in the community. | 15 |
| The General Assembly finds that increases in State | 16 |
| long-term care expenditures for community services for people | 17 |
| transitioning from institutions to the community under this Act | 18 |
| must be offset by decreases in State long-term care | 19 |
| expenditures for institutional care.
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| Section 10. Definitions. As used in this Act: | 21 |
| "Community service" means a service, aid, or benefit that | 22 |
| is provided to a person with a disability as part of his or her | 23 |
| long-term care that: (i) is available to a person living in |
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| their own home, family home, a facility with no more than 8 | 2 |
| people, or assisted living as provided through the Supportive | 3 |
| Living Facilities, as defined in Section 5-5.01a of the | 4 |
| Illinois Public Aid Code, or Comprehensive Care in Residential | 5 |
| Settings Demonstration Projects, as defined in Section 4.02c of | 6 |
| the Illinois Act on the Aging, or other like settings; (ii) the | 7 |
| State generally provides to people with disabilities; and (iii) | 8 |
| is necessary for the person with a disability to live in the | 9 |
| community, as determined by the State. | 10 |
| "Community service provider" means any person authorized | 11 |
| by the State to provide community services and may include | 12 |
| families, agencies, and other new providers who help to create | 13 |
| a wider array of services. | 14 |
| "Departments" means the Department of Human Services, the | 15 |
| Department on Aging, the Department of Public Health, and the | 16 |
| Department of Public Aid. | 17 |
| "Home and Community Based Services waiver" or "HCBS waiver" | 18 |
| means a Medicaid waiver granted under Section 1915c of Title | 19 |
| XIX of the Social Security Act. | 20 |
| "Institution" or "institutional facility" means a skilled | 21 |
| nursing or intermediate long-term care facility subject to | 22 |
| licensure by the Department of Public Health under the Nursing | 23 |
| Care Act, including any intermediate care facility for the | 24 |
| mentally retarded, any institution for mental diseases, or any | 25 |
| State-operated developmental center. | 26 |
| "Public funds" means any funds appropriated by the General | 27 |
| Assembly to the Departments. | 28 |
| "Waiver" means a Home and Community Based Services waiver | 29 |
| as defined above or a research and demonstration waiver granted | 30 |
| under Section 1115 of the Social Security Act.
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| Section 15. Availability of public funds for community | 32 |
| services.
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| (a) A person with a disability may have public funds that |
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| would otherwise have been expended for his or her services | 2 |
| provided in an institution expended instead for any community | 3 |
| service or support that the State generally offers to people | 4 |
| with disabilities, provided the State determines that the | 5 |
| service is necessary for the person to live in the community | 6 |
| and further provided that the necessary services are available | 7 |
| under Section 20, instituting the practice of "money follows | 8 |
| the person" among other mechanisms to promote reintegration. | 9 |
| (b) The cost of community services provided under this Act | 10 |
| may not exceed the cost of care in the institutional facility | 11 |
| in the geographic area in which the person resides in the | 12 |
| community. In the case of persons moving from an institutional | 13 |
| facility to the community, transition costs and the cost of the | 14 |
| first month of care are limited to the actual, individual cost | 15 |
| of initially establishing the person in the community. Monthly | 16 |
| expenditure for persons deflected from entering an institution | 17 |
| and persons transferring out of institutions after the first | 18 |
| month are limited to minimum cost of care determined necessary | 19 |
| by the State to meet the person's long-term care service needs | 20 |
| in the community under an existing waiver. | 21 |
| (c) Funding for persons under this Act shall remain | 22 |
| available to the person as long as he or she remains eligible | 23 |
| for services in an institution and wants community services and | 24 |
| to the extent that such funding is available under Section 20.
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| Section 20. Implementation.
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| (a) In fiscal year 2006, the State shall provide additional | 27 |
| funding to current reintegration programs administered by the | 28 |
| Department of Human Services. | 29 |
| (b) As people with disabilities relocate from | 30 |
| institutional facilities to the community, the Departments | 31 |
| shall develop a model by which State funding appropriated to | 32 |
| cover the costs of long-term care in institutions may be used | 33 |
| to cover the cost of long-term care in the community. In |
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| conjunction with these efforts, the Departments shall | 2 |
| strengthen efforts to divert people from going into | 3 |
| institutions by addressing issues relating to: (i) home and | 4 |
| community eligibility; (ii) preadmission screening and | 5 |
| capacity in the institutional care system; and (iii) any other | 6 |
| relevant issue to develop "money follows the person" or other | 7 |
| mechanisms necessary to assure that, as
expenditures for | 8 |
| community services under this Act increase, there is a | 9 |
| concomitant reduction in nursing facility costs. | 10 |
| (1) The Departments must collaborate on a survey of | 11 |
| individuals who reside in institutions and are supported by | 12 |
| public funds and as well as persons seeking long-term care | 13 |
| to develop a survey tool to assess what these individuals | 14 |
| and their family members perceive are the barriers for | 15 |
| their remaining in a community-based setting. This survey | 16 |
| must analyze the barriers for those over 65 years old and | 17 |
| those who are persons with disability under the age of 65. | 18 |
| The surveys must be completed by December 31, 2006. | 19 |
| (2) With the information gathered under item (1), the | 20 |
| Departments must develop either modifications to current | 21 |
| Home and Community Based Services (HCBS) waivers, so as to | 22 |
| promote transition from a nursing home or other institution | 23 |
| to a Home or Community Based Services (HCBS) setting, or | 24 |
| develop new waivers that promote a return to home for | 25 |
| seniors or younger persons with disabilities residing in | 26 |
| institutions. Input from individuals with disabilities, | 27 |
| families, providers, and other interested parties shall be | 28 |
| included in the design, development, and evaluation of | 29 |
| those modifications or new waivers. Requests for waiver | 30 |
| modifications or new waivers must be submitted to the | 31 |
| federal government no later than June 30, 2007. | 32 |
| (3) Services provided under item (2) are subject to | 33 |
| federal approval of modification of an existing HCBS | 34 |
| waivers or approval of new waivers. |
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| (c) Programs under the waivers or HCBS waiver modifications | 2 |
| developed under items (2) and (3) of subsection (b) must be | 3 |
| piloted in such a manner that funding for the new services | 4 |
| under these waivers does not exceed $2 million per year. The | 5 |
| pilot programs shall commence no later than January 1, 2008. | 6 |
| (d) After 2 years of operation of such waivers, a report | 7 |
| must be delivered to the General Assembly on the evaluation of | 8 |
| the effectiveness of those waivers in promoting community | 9 |
| reintegration. | 10 |
| The waivers or waiver modifications must be developed to | 11 |
| address barriers experienced by all 4 categories of disability: | 12 |
| (i) developmental; (ii) psychiatric; (iii) physical; and (iv) | 13 |
| disabilities due to aging. Waiver or waiver modification | 14 |
| programs found to be effective shall be continued subject to | 15 |
| federal approval of those waivers.
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| Section 25. Information and dissemination.
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| (a) The State shall ensure that persons covered under this | 18 |
| Act are informed of their opportunity to receive community | 19 |
| services under this Act. | 20 |
| (1) The Departments shall work together to ensure that | 21 |
| persons with disabilities and their families, guardians, | 22 |
| and advocates are informed of their opportunities for | 23 |
| services under this Act in a manner that is easily | 24 |
| understandable and accessible to people with disabilities. | 25 |
| The Departments shall ensure
that appropriate methods of | 26 |
| dissemination are employed and shall make all feasible | 27 |
| efforts to inform people currently institutionalized, | 28 |
| including at their individual team or program meetings. | 29 |
| (2) The Departments shall use organizations comprised | 30 |
| of or representing people with disabilities to ensure that | 31 |
| people with disabilities, particularly prospective | 32 |
| residents of institutions covered under this Act, and their | 33 |
| families, guardians, and advocates are informed of their |
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| opportunities for services under this Act. | 2 |
| (3) The Department of Public Health must ensure that, | 3 |
| as a condition of licensing and certification, all | 4 |
| institutions covered under this Act inform all residents | 5 |
| prior to admission and annually thereafter of their | 6 |
| opportunities to choose home and community alternatives | 7 |
| under this Act. Additionally, the Department shall require | 8 |
| each facility to post in a prominent location on each | 9 |
| residential ward a notice containing information on | 10 |
| services available under this Act.
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| Section 30. Effect of the Act on existing rights. This Act | 12 |
| shall not alter or affect the manner in which persons with | 13 |
| disabilities are determined eligible or appropriate for | 14 |
| community services, except to the extent the determinations are | 15 |
| based on the availability of community services. This Act shall | 16 |
| not limit in any way the rights of people with disabilities | 17 |
| under the U.S. Constitution, the American with Disabilities Act | 18 |
| if 1990, Section 504 of the Rehabilitation Act, the Social | 19 |
| Security Act, or any other federal or State law.
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| Section 40. Rules. The Department shall adopt any rules | 21 |
| necessary for the implementation and administration of this | 22 |
| Act. | 23 |
| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.".
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