HB4836 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4836

 

Introduced , by Rep. Jeanne M Ives

 

SYNOPSIS AS INTRODUCED:
 
405 ILCS 80/2-3  from Ch. 91 1/2, par. 1802-3

    Amends the Developmental Disability and Mental Disability Services Act. Provides that in one's "own home" means that an adult with a mental disability lives alone; or that an adult with a mental disability is in full-time residence with his or her parents, legal guardian, or other relatives; or that an adult with a mental disability is in full-time residence in a setting not subject to licensure under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, the MC/DD Act, or the Child Care Act of 1969 with 5 (rather than 3) or fewer other adults unrelated to the adult with a mental disability who do not provide home-based services to the adult with a mental disability.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4836LRB100 16056 RLC 31175 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Developmental Disability and Mental
5Disability Services Act is amended by changing Section 2-3 as
6follows:
 
7    (405 ILCS 80/2-3)  (from Ch. 91 1/2, par. 1802-3)
8    Sec. 2-3. As used in this Article, unless the context
9requires otherwise:
10    (a) "Agency" means an agency or entity licensed by the
11Department pursuant to this Article or pursuant to the
12Community Residential Alternatives Licensing Act.
13    (b) "Department" means the Department of Human Services, as
14successor to the Department of Mental Health and Developmental
15Disabilities.
16    (c) "Home-based services" means services provided to an
17adult with a mental disability who lives in his or her own
18home. These services include but are not limited to:
19        (1) home health services;
20        (2) case management;
21        (3) crisis management;
22        (4) training and assistance in self-care;
23        (5) personal care services;

 

 

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1        (6) habilitation and rehabilitation services;
2        (7) employment-related services;
3        (8) respite care; and
4        (9) other skill training that enables a person to
5    become self-supporting.
6    (d) "Legal guardian" means a person appointed by a court of
7competent jurisdiction to exercise certain powers on behalf of
8an adult with a mental disability.
9    (e) "Adult with a mental disability" means a person over
10the age of 18 years who lives in his or her own home; who needs
11home-based services, but does not require 24-hour-a-day
12supervision; and who has one of the following conditions:
13severe autism, severe mental illness, a severe or profound
14intellectual disability, or severe and multiple impairments.
15    (f) In one's "own home" means that an adult with a mental
16disability lives alone; or that an adult with a mental
17disability is in full-time residence with his or her parents,
18legal guardian, or other relatives; or that an adult with a
19mental disability is in full-time residence in a setting not
20subject to licensure under the Nursing Home Care Act, the
21Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
22Community Care Act, the MC/DD Act, or the Child Care Act of
231969, as now or hereafter amended, with 5 3 or fewer other
24adults unrelated to the adult with a mental disability who do
25not provide home-based services to the adult with a mental
26disability.

 

 

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1    (g) "Parent" means the biological or adoptive parent of an
2adult with a mental disability, or a person licensed as a
3foster parent under the laws of this State who acts as a foster
4parent to an adult with a mental disability.
5    (h) "Relative" means any of the following relationships by
6blood, marriage or adoption: parent, son, daughter, brother,
7sister, grandparent, uncle, aunt, nephew, niece, great
8grandparent, great uncle, great aunt, stepbrother, stepsister,
9stepson, stepdaughter, stepparent or first cousin.
10    (i) "Severe autism" means a lifelong developmental
11disability which is typically manifested before 30 months of
12age and is characterized by severe disturbances in reciprocal
13social interactions; verbal and nonverbal communication and
14imaginative activity; and repertoire of activities and
15interests. A person shall be determined severely autistic, for
16purposes of this Article, if both of the following are present:
17        (1) Diagnosis consistent with the criteria for
18    autistic disorder in the current edition of the Diagnostic
19    and Statistical Manual of Mental Disorders.
20        (2) Severe disturbances in reciprocal social
21    interactions; verbal and nonverbal communication and
22    imaginative activity; repertoire of activities and
23    interests. A determination of severe autism shall be based
24    upon a comprehensive, documented assessment with an
25    evaluation by a licensed clinical psychologist or
26    psychiatrist. A determination of severe autism shall not be

 

 

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1    based solely on behaviors relating to environmental,
2    cultural or economic differences.
3    (j) "Severe mental illness" means the manifestation of all
4of the following characteristics:
5        (1) A primary diagnosis of one of the major mental
6    disorders in the current edition of the Diagnostic and
7    Statistical Manual of Mental Disorders listed below:
8            (A) Schizophrenia disorder.
9            (B) Delusional disorder.
10            (C) Schizo-affective disorder.
11            (D) Bipolar affective disorder.
12            (E) Atypical psychosis.
13            (F) Major depression, recurrent.
14        (2) The individual's mental illness must substantially
15    impair his or her functioning in at least 2 of the
16    following areas:
17            (A) Self-maintenance.
18            (B) Social functioning.
19            (C) Activities of community living.
20            (D) Work skills.
21        (3) Disability must be present or expected to be
22    present for at least one year.
23    A determination of severe mental illness shall be based
24upon a comprehensive, documented assessment with an evaluation
25by a licensed clinical psychologist or psychiatrist, and shall
26not be based solely on behaviors relating to environmental,

 

 

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1cultural or economic differences.
2    (k) "Severe or profound intellectual disability" means a
3manifestation of all of the following characteristics:
4        (1) A diagnosis which meets Classification in Mental
5    Retardation or criteria in the current edition of the
6    Diagnostic and Statistical Manual of Mental Disorders for
7    severe or profound mental retardation (an IQ of 40 or
8    below). This must be measured by a standardized instrument
9    for general intellectual functioning.
10        (2) A severe or profound level of disturbed adaptive
11    behavior. This must be measured by a standardized adaptive
12    behavior scale or informal appraisal by the professional in
13    keeping with illustrations in Classification in Mental
14    Retardation, 1983.
15        (3) Disability diagnosed before age of 18.
16    A determination of a severe or profound intellectual
17disability shall be based upon a comprehensive, documented
18assessment with an evaluation by a licensed clinical
19psychologist or certified school psychologist or a
20psychiatrist, and shall not be based solely on behaviors
21relating to environmental, cultural or economic differences.
22    (l) "Severe and multiple impairments" means the
23manifestation of all of the following characteristics:
24        (1) The evaluation determines the presence of a
25    developmental disability which is expected to continue
26    indefinitely, constitutes a substantial disability and is

 

 

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1    attributable to any of the following:
2            (A) Intellectual disability, which is defined as
3        general intellectual functioning that is 2 or more
4        standard deviations below the mean concurrent with
5        impairment of adaptive behavior which is 2 or more
6        standard deviations below the mean. Assessment of the
7        individual's intellectual functioning must be measured
8        by a standardized instrument for general intellectual
9        functioning.
10            (B) Cerebral palsy.
11            (C) Epilepsy.
12            (D) Autism.
13            (E) Any other condition which results in
14        impairment similar to that caused by an intellectual
15        disability and which requires services similar to
16        those required by persons with intellectual
17        disabilities.
18        (2) The evaluation determines multiple disabilities in
19    physical, sensory, behavioral or cognitive functioning
20    which constitute a severe or profound impairment
21    attributable to one or more of the following:
22            (A) Physical functioning, which severely impairs
23        the individual's motor performance that may be due to:
24                (i) Neurological, psychological or physical
25            involvement resulting in a variety of disabling
26            conditions such as hemiplegia, quadriplegia or

 

 

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1            ataxia,
2                (ii) Severe organ systems involvement such as
3            congenital heart defect,
4                (iii) Physical abnormalities resulting in the
5            individual being non-mobile and non-ambulatory or
6            confined to bed and receiving assistance in
7            transferring, or
8                (iv) The need for regular medical or nursing
9            supervision such as gastrostomy care and feeding.
10            Assessment of physical functioning must be based
11        on clinical medical assessment by a physician licensed
12        to practice medicine in all its branches, using the
13        appropriate instruments, techniques and standards of
14        measurement required by the professional.
15            (B) Sensory, which involves severe restriction due
16        to hearing or visual impairment limiting the
17        individual's movement and creating dependence in
18        completing most daily activities. Hearing impairment
19        is defined as a loss of 70 decibels aided or speech
20        discrimination of less than 50% aided. Visual
21        impairment is defined as 20/200 corrected in the better
22        eye or a visual field of 20 degrees or less. Sensory
23        functioning must be based on clinical medical
24        assessment by a physician licensed to practice
25        medicine in all its branches using the appropriate
26        instruments, techniques and standards of measurement

 

 

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1        required by the professional.
2            (C) Behavioral, which involves behavior that is
3        maladaptive and presents a danger to self or others, is
4        destructive to property by deliberately breaking,
5        destroying or defacing objects, is disruptive by
6        fighting, or has other socially offensive behaviors in
7        sufficient frequency or severity to seriously limit
8        social integration. Assessment of behavioral
9        functioning may be measured by a standardized scale or
10        informal appraisal by a clinical psychologist or
11        psychiatrist.
12            (D) Cognitive, which involves intellectual
13        functioning at a measured IQ of 70 or below. Assessment
14        of cognitive functioning must be measured by a
15        standardized instrument for general intelligence.
16        (3) The evaluation determines that development is
17    substantially less than expected for the age in cognitive,
18    affective or psychomotor behavior as follows:
19            (A) Cognitive, which involves intellectual
20        functioning at a measured IQ of 70 or below. Assessment
21        of cognitive functioning must be measured by a
22        standardized instrument for general intelligence.
23            (B) Affective behavior, which involves over and
24        under responding to stimuli in the environment and may
25        be observed in mood, attention to awareness, or in
26        behaviors such as euphoria, anger or sadness that

 

 

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1        seriously limit integration into society. Affective
2        behavior must be based on clinical assessment using the
3        appropriate instruments, techniques and standards of
4        measurement required by the professional.
5            (C) Psychomotor, which includes a severe
6        developmental delay in fine or gross motor skills so
7        that development in self-care, social interaction,
8        communication or physical activity will be greatly
9        delayed or restricted.
10        (4) A determination that the disability originated
11    before the age of 18 years.
12    A determination of severe and multiple impairments shall be
13based upon a comprehensive, documented assessment with an
14evaluation by a licensed clinical psychologist or
15psychiatrist.
16    If the examiner is a licensed clinical psychologist,
17ancillary evaluation of physical impairment, cerebral palsy or
18epilepsy must be made by a physician licensed to practice
19medicine in all its branches.
20    Regardless of the discipline of the examiner, ancillary
21evaluation of visual impairment must be made by an
22ophthalmologist or a licensed optometrist.
23    Regardless of the discipline of the examiner, ancillary
24evaluation of hearing impairment must be made by an
25otolaryngologist or an audiologist with a certificate of
26clinical competency.

 

 

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1    The only exception to the above is in the case of a person
2with cerebral palsy or epilepsy who, according to the
3eligibility criteria listed below, has multiple impairments
4which are only physical and sensory. In such a case, a
5physician licensed to practice medicine in all its branches may
6serve as the examiner.
7    (m) "Twenty-four-hour-a-day supervision" means
824-hour-a-day care by a trained mental health or developmental
9disability professional on an ongoing basis.
10(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
1199-180, eff. 7-29-15; 99-642, eff. 7-28-16.)