Full Text of SB1664 95th General Assembly
SB1664 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1664
Introduced 2/9/2007, by Sen. Ms. Mattie Hunter SYNOPSIS AS INTRODUCED: |
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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 |
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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.
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A BILL FOR
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SB1664 |
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LRB095 09053 DRJ 29244 b |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Community Services Act is amended by | 5 |
| changing Sections 1, 2, 3, and 4 as follows:
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| (405 ILCS 30/1) (from Ch. 91 1/2, par. 901)
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| 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
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| 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
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| of local communities and which complements existing family and | 18 |
| other natural
supports, social institutions and programs.
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| 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
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| and ability to participate in and contribute to community life; | 23 |
| to insure
continuity of care for persons with a disability
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LRB095 09053 DRJ 29244 b |
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| 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.
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| 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
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| 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
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| 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.
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| Towards achievement of these ends, the Department of Human | 26 |
| Services, working
in coordination with other State agencies, |
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LRB095 09053 DRJ 29244 b |
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| 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.
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| (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
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| (405 ILCS 30/2) (from Ch. 91 1/2, par. 902)
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| 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:
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| (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;
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| (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
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| individual treatment and habilitation plans; to assure | 2 |
| appropriate
placement and to assist in program evaluation;
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| (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;
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| (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;
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| (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;
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| (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
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| provided in a community residential alternative which promote | 26 |
| the
acquisition of independent living skills and integration |
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| with the community.
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| (Source: P.A. 89-507, eff. 7-1-97.)
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| (405 ILCS 30/3) (from Ch. 91 1/2, par. 903)
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| Sec. 3. Responsibilities for Community Services. Pursuant
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| 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
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| regulations. The Department may request the assistance of other
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| State agencies, local
government entities, direct services | 12 |
| providers , trade associations, and others in the development of
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| these regulations or other policies related to community | 14 |
| services.
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| The Department shall assume the following roles and | 16 |
| responsibilities for
community services:
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| (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.
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| (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,
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| steps and time-tables for implementation of the goals also |
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| 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
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| participation in the planning process.
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| (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.
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| (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
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| services and through program evaluation; this applies except | 17 |
| where this
responsibility is explicitly given by law to another | 18 |
| State agency.
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| (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,
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| 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 |
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LRB095 09053 DRJ 29244 b |
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| monitoring requirements, except as required by
subsection | 2 |
| (d-10), in the case of:
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| (1) Any organization from which the Department | 4 |
| purchases mental health
or substance abuse services and
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| that is accredited under any of the following: the | 6 |
| Comprehensive
Accreditation Manual
for Behavioral Health | 7 |
| Care (Joint Commission on Accreditation of Healthcare
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| Organizations (JCAHO)); the Comprehensive Accreditation | 9 |
| Manual
for Hospitals (JCAHO); the Standards Manual for the
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| 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)).
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| (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
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| 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).
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| (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 |
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| 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.
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| (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
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| standards and processes already covered by the accrediting | 19 |
| bodies.
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| (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.
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| (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 |
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| 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.
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| (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.
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| (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
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| as for planning activities.
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| (f) Research. Conduct research in order to increase | 18 |
| understanding of mental
illness, developmental disabilities | 19 |
| and alcohol and drug dependence.
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| (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
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| other available funding, including federal, State, local, | 2 |
| third-party and
private resources.
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| (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.
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| (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
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| agencies to establish effective prevention programs.
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| (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.
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| (Source: P.A. 92-755, eff. 8-2-02.)
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| (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
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| Sec. 4. Financing for Community Services. The Department of | 25 |
| Human Services
is authorized to
provide financial |
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| 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.
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| The Department shall utilize the following funding | 8 |
| mechanisms for community
services:
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| (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
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| 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.
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| (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
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| 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
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| other allowable costs, as well as other funds available to | 23 |
| the program.
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| (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 |
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| provision of community services.
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| 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.
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| In accepting Department funds, providers shall recognize
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| their responsibility to be
accountable to the Department and | 21 |
| the State for the delivery of services
which are consistent
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| with the philosophies and goals of this Act and the rules and | 23 |
| regulations
promulgated under it.
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| (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
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