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(20 ILCS 2407/20)
Sec. 20. Implementation.
(a) The Governor shall appoint an advisory committee to assist in the
development and implementation of a Disabilities Services Implementation Plan
that will
ensure compliance by the State of Illinois with the Americans with Disabilities
Act and
the decision in Olmstead v. L.C., 119 S.Ct. 2176 (1999). The advisory committee
shall
be known as the Illinois Disabilities Services Advisory Committee and shall be
composed
of no more than 33 members, including: persons who have a physical disability,
a developmental disability, or a mental illness;
senior citizens; advocates for
persons with
physical disabilities; advocates
for persons
with developmental disabilities;
advocates
for persons with mental illness;
advocates
for senior citizens; representatives of
providers of
services to persons with physical disabilities, developmental disabilities, and
mental
illness; representatives of providers of
services to
senior citizens; and representatives of organized labor.
In addition, the following State officials shall serve on the committee as
ex-officio
non-voting members: the Secretary of Human Services or his or her designee; the
State
Superintendent of Education or his or her designee; the Director of Aging or
his or her
designee; the Executive Director of the Illinois Housing Development Authority
or his or
her designee; the Director of Public Aid (now Director of Healthcare and Family Services) or his or her designee; and the
Director of
Employment Security or his or her designee.
The advisory committee shall select officers, including a chair and a
vice-chair.
The advisory committee shall meet at least quarterly and shall keep official
meeting
minutes. Committee members shall not be compensated but shall be paid for their
expenses
related to attendance at meetings.
(b) The implementation plan must include, but need
not be limited to, the following:
(1) Establishing procedures for completing |
| comprehensive evaluations, including provisions for Department review and approval of need determinations. The Department may utilize independent evaluators and targeted or sample reviews during this review and approval process, as it deems appropriate.
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(2) Establishing procedures for the development of an
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| individual service or treatment plan for each person with a disability, including provisions for Department review and authorization.
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(3) Identifying core services to be provided by
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| agencies of the State of Illinois or other agencies.
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(4) Establishing minimum standards for individualized
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(5) Establishing minimum standards for residential
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| services in the least restrictive environment.
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(6) Establishing minimum standards for vocational
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(7) Establishing
due
process hearing procedures.
(8) Establishing minimum standards for family support
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(9) Securing financial resources necessary to fulfill
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| the purposes and requirements of this Act, including but not limited to obtaining approval and implementing waivers or demonstrations authorized under federal law.
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(c) The Governor, with the
assistance of the Illinois Disabilities Services Advisory Committee and the
Secretary of Human Services, is
responsible for the completion of the implementation plan. The
Governor must
submit a report to
the General Assembly by November 1, 2004, which must include the following:
(1) The implementation plan.
(2) A description of current and planned programs and
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| services necessary to meet the requirements of the individual service or treatment plans required by this Act, together with the actions to be taken by the State of Illinois to ensure that those plans will be implemented. This description shall include a report of related program and service improvements or expansions implemented by the Department since the effective date of this Act.
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(3) The estimated costs of current and planned
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| programs and services to be provided under the implementation plan.
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(4) A report on the number of persons with
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| disabilities who may be eligible to receive services under this Act, together with a report on the number of persons who are currently receiving those services.
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(5) Any proposed changes in State policies, laws, or
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| regulations necessary to fulfill the purposes and requirements of this Act.
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(d) The Governor, with the assistance of the Secretary of
Human Services, shall annually update the implementation plan
and report changes to the General Assembly by July 1 of each year. Initial
implementation of the plan is required by July 1, 2005. The requirement of
annual updates and reports expires in 2008, unless otherwise extended by the
General Assembly.
(Source: P.A. 95-331, eff. 8-21-07.)
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