State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ House Amendment 003 ]


92_HB2437ham002

 










                                           LRB9204653DJgcam02

 1                    AMENDMENT TO HOUSE BILL 2437

 2        AMENDMENT NO.     .  Amend House Bill 2437,  AS  AMENDED,
 3    with  reference  to  page and line numbers of House Amendment
 4    No. 1, on page 1, by replacing lines 13 through 20  with  the
 5    following:

 6        "Section  10.  Application  of Act; definitions. This Act
 7    applies  to  persons  with  disabilities.  The   disabilities
 8    included are defined for purposes of this Act as follows:
 9        "Disability"   means  a  disability  as  defined  by  the
10    Americans with Disabilities Act of 1990 that is  attributable
11    to  a  developmental  disability,  a  mental  illness,  or  a
12    physical disability, or combination of those.
13        "Developmental  disability"  means  a  disability that is
14    attributable to mental retardation or a related condition.  A
15    related condition must meet all of the following conditions:
16             (1)  It  must  be  attributable  to  cerebral palsy,
17        epilepsy, or autism, or any other condition  (other  than
18        mental  illness)  found  to  be closely related to mental
19        retardation because that condition results in  impairment
20        of  general intellectual functioning or adaptive behavior
21        similar to that of individuals with  mental  retardation,
22        and  requires  treatment  or  services  similar  to those
23        required for those individuals.
 
                            -2-            LRB9204653DJgcam02
 1             (2)  It must be  manifested  before  the  individual
 2        reaches age 22.
 3             (3)  It must be likely to continue indefinitely.
 4             (4)  It   must   result  in  substantial  functional
 5        limitations in 3 or more of the following areas of  major
 6        life  activity:  self-care, language, learning, mobility,
 7        self-direction, and capacity for independent living.
 8        "Mental Illness" means a  mental  or  emotional  disorder
 9    verified  by  a  diagnosis  contained  in  the Diagnostic and
10    Statistical  Manual  of  Mental   Disorders-Fourth   Edition,
11    published by the American Psychiatric Association (DSM-IV) or
12    International   Classification  of  Diseases,  9th  Revision,
13    Clinical Modification (ICD-9-CM) that substantially impairs a
14    person's cognitive, emotional, or behavioral functioning,  or
15    any  combination  of those, excluding (i) conditions that may
16    be the focus of clinical attention but are not of  sufficient
17    duration  or  severity to be categorized as a mental illness,
18    such as parent-child relational problems,  partner-relational
19    problems,  sexual  abuse  of  a  child, bereavement, academic
20    problems, phase-of-life problems, and  occupational  problems
21    (collectively,  "V  codes"),  (ii)  organic disorders such as
22    substance   intoxication   dementia,   substance   withdrawal
23    dementia, Alzheimer's disease,  vascular  dementia,  dementia
24    due  to  HIV  infection, and dementia due to Creutzfeld-Jakob
25    disease  and  disorders  associated  with  known  or  unknown
26    physical conditions such as hallucinasis, amnestic  disorders
27    and    delirium,   psychoactive   substance-induced   organic
28    disorders,  and  (iii)  mental  retardation  or  psychoactive
29    substance use disorders.
30        "Mental  retardation"  means  significantly   sub-average
31    general  intellectual  functioning existing concurrently with
32    deficits in adaptive behavior and manifested before  the  age
33    of   22   years.   "Significantly   sub-average"   means   an
34    intelligence  quotient  (IQ)  of  70 or below on standardized
 
                            -3-            LRB9204653DJgcam02
 1    measures of intelligence. This upper limit could be  extended
 2    upward  depending on the reliability of the intelligence test
 3    used.
 4        "Physical disability" means a disability  as  defined  by
 5    the  Americans  with  Disabilities Act of 1990 that meets the
 6    following criteria:
 7             (1)  It is attributable to a physical impairment.
 8             (2)  It  results   in   a   substantial   functional
 9        limitation  in  3 or more of the following areas of major
10        life  activity:  (i)  self-care,   (ii)   receptive   and
11        expressive  language,  (iii) learning, (iv) mobility, (v)
12        self-direction, (vi) capacity for independent living, and
13        (vii) economic sufficiency.
14             (3)  It reflects the person's need for a combination
15        and sequence of special,  interdisciplinary,  or  general
16        care,  treatment,  or other services that are of lifelong
17        or of extended duration and must be individually  planned
18        and coordinated."; and

19    on page 2, by deleting lines 1 through 10; and

20    on page 2, line 18, by replacing "Case coordination services"
21    with "Service coordination"; and

22    on page 2, line 20, by replacing "Case" with "Service"; and

23    on  page  2,  line 21, by replacing "services are" with "is";
24    and

25    on page 2, line 24, by replacing "Case" with "Service"; and

26    on page 2, line 25,  by  replacing  "services  include"  with
27    "includes"; and

28    on  page  2,  by  replacing  lines  29  through  31  with the
29    following:
30    "participation  in  the  development   of   a   comprehensive
31    individual  service  or  treatment plan; (iv) referral to and
 
                            -4-            LRB9204653DJgcam02
 1    linkage with needed services  and  supports;  (v)  monitoring
 2    to"; and

 3    on page 2, line 34, by inserting "for" after "services"; and

 4    on page 3, by replacing line 1 with the following:
 5    "he or she is eligible or entitled."; and

 6    on page 3, lines 6 and 7, by replacing "and assessments used"
 7    with  "used  by  qualified  professionals selectively with an
 8    individual"; and

 9    on page 3, lines 9  and  10,  by  deleting  "The  term  means
10    procedures used selectively with an individual."; and

11    on  page  3, line 15, by replacing "a family member" with "an
12    individual"; and

13    on page 3, line 16, after "home", by inserting "or his or her
14    own home"; and

15    on page 3, line 19, by replacing "program" with  "service  or
16    treatment"; and

17    on   page   3,   line   23,  by  changing  "professional"  to
18    "professionals"; and

19    on page 3, line 30, by inserting "service or treatment" after
20    "individual"; and

21    on page 4, by replacing lines 2 and 3 with the following:
22    "person with a  suspected  disability  who  is  applying  for
23    Department-authorized  disability  services  must  receive  a
24    comprehensive"; and

25    on page 4, line 10, by inserting "service or treatment" after
26    "Individual"; and

27    on page 4, line 12, by inserting "service or treatment" after
28    "individual"; and
 
                            -5-            LRB9204653DJgcam02
 1    on  page  4, line 14, by replacing "program" with "service or
 2    treatment"; and

 3    on page 4, line 15,  by  replacing  "twice  each  year"  with
 4    "annually"; and

 5    on  page  4,  line  19,  by  replacing "representatives" with
 6    "guardian"; and

 7    on page 4, line 21, by inserting "service or treatment" after
 8    "individual"; and

 9    on page 4, line 26, after the period, by  inserting:  "Family
10    members  and  other  representatives  of  the  person  with a
11    disability must be  allowed,  encouraged,  and  supported  to
12    participate as well, if the person with a disability consents
13    to that participation."; and

14    on page 4, line 29, by deleting "age,"; and

15    on page 4, by replacing lines 30 and 31 with the following:
16    "ability  to  pay (except where contrary to law), or criminal
17    record.   Specific  program  eligibility  requirements   with
18    regard  to  disability, level of need, age, and other matters
19    may be established by the Department by rule.  The Department
20    may set priorities for the  provision  of  services  and  for
21    determining   the   need  and  eligibility  for  services  in
22    accordance with available funding."; and

23    on page 4, line 34, after  "both,",  by  inserting  "whenever
24    possible and appropriate,"; and

25    on  page  5,  line  1,  after  "skills",  by  inserting "when
26    authorized for such services"; and

27    on page 5, line 5, before  the  period,  by  inserting  "when
28    authorized for those services"; and

29    on page 5, line 19, by replacing "must" with "should"; and
 
                            -6-            LRB9204653DJgcam02
 1    on page 5, line 24, by replacing "Case coordination services"
 2    with "Service coordination"; and

 3    on page 5, by replacing line 25 with the following:
 4    "disability   who  is  receiving  direct  services  from  the
 5    Department  must  be  provided  service   coordination   when
 6    needed."; and

 7    on  page  6,  line  17,  after  "composed  of",  by inserting
 8    "persons with disabilities, family representatives, and"; and

 9    on page 6, by replacing lines 20 and 21 with the following:
10    "disabilities."; and

11    on page 6, by replacing line 25 with the following:
12    "comprehensive   evaluations,   including   provisions    for
13    Department  review  and approval of need determinations.  The
14    Department may utilize independent evaluators and targeted or
15    sample reviews during this review and approval process, as it
16    deems appropriate."; and

17    on page 6, by replacing line 27  with the following:
18    "an individual service or treatment plan for each person with
19    a disability, including provisions for Department review  and
20    authorization."; and

21    on page 7, line 14, by replacing "October 1, 2001" with "July
22    1, 2002"; and

23    on page 7, line 19, by inserting "service or treatment" after
24    "individual"; and

25    on page 7, line 34, by replacing "March" with "July"; and

26    on  page  8,  line  1,  after  the  period,  by inserting the
27    following: "Initial implementation of the plan is required by
28    July 1, 2003.  The requirement of annual updates and  reports
29    expires  in  2007,  unless  otherwise extended by the General
30    Assembly.".

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