HB1708 95TH GENERAL ASSEMBLY

LRB095 09344 JAM 29539 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1708

Introduced 2/22/2007, by Rep. Aaron Schock

SYNOPSIS AS INTRODUCED:

20 ILCS 1705/59

from Ch. 91 1/2, par. 100-59

Amends the Mental Health and Developmental Disabilities Administrative Act. Requires that the Department of Human Services by rule establish the maximum annual household income for eligibility for the Family Assistance and Support Program, which may not be less than $65,000 and must be adjusted annually for inflation. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Mental Health and Developmental Disabilities Administrative Act is amended by changing Section 59 as follows:

(20 ILCS 1705/59) (from Ch. 91 1/2, par. 100-59)

Sec. 59. The Department may create a Family Assistance and Support Program to assist families in providing care at home for persons of any age with a severe or profound developmental disability, to prevent or delay the institutionalization of such persons or to permit the return of such persons from facilities to their families. As used in this Section, "families" includes foster families. The program may provide reimbursement for services or other need as specified in this Section only if payment or reimbursement for such services is not available through insurance or any other State or federal program. The Department may require documentation, where deemed appropriate by the Department, that other sources of payment or reimbursement are not available. Reimbursement is available under the program for special adaptive equipment, minor structural modifications to a residence or vehicle, adaptive clothing, medications, special dietary needs, and transportation to special services. The Department may also provide reimbursement for any other unusual expenses necessary for the maintenance of a person with a severe or profound developmental disability at home. Reimbursement to any family in any year under the program shall not exceed $2,500, except when the limit is waived by the Department in cases of extraordinary need as determined by the Department in accordance with rules adopted by the Department. Expenditures shall be subject to available appropriations for this program. The Department shall promulgate rules to implement and administer the program and establish criteria to assure equitable distribution of funds under this program throughout the State. The rules must include establishment of the maximum annual household income for an eligible family, which may not be less than $65,000 beginning January 1, 2008, and the annual adjustment for inflation of that income amount as determined by the Consumer Price Index for All Urban Consumers as determined by the United States Department of Labor.

An interim report and evaluation of the program shall be submitted to the General Assembly no later than June 30, 1988. A subsequent interim report and evaluation of the program shall be submitted to the General Assembly no later than January 1, 1989. The Governor's Planning Council on Developmental Disabilities shall assist the Department in the evaluation of the program.

(Source: P.A. 88-380.)

Section 99. Effective date. This Act takes effect upon becoming law.