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Public Act 094-0498
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| HB1345 Enrolled |
LRB094 03621 DRJ 33626 b |
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AN ACT in relation to health.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Community Services Act is amended by adding |
Sections 4.4 and
4.5 as follows:
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(405 ILCS 30/4.4 new)
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Sec. 4.4. Funding reinvestment.
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(a) The purposes of this Section are as follows:
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(1) The General Assembly recognizes that the United |
States Supreme
Court in Olmstead v. L.C. ex Rel. Zimring, |
119 S. Ct. 2176 (1999), affirmed
that the unjustifiable |
institutionalization of a person with a disability who
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could live in the community with proper support, and wishes |
to do so, is
unlawful discrimination in violation of the |
Americans with Disabilities Act
(ADA). The State of |
Illinois, along with all other states, is required to
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provide appropriate residential and community-based |
support services to persons
with disabilities who wish to |
live in a less restrictive setting.
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(2) It is the purpose of this Section to help fulfill |
the State's
obligations under the Olmstead decision by |
maximizing the level of funds for
both developmental |
disability and mental health services and supports in order
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to maintain and create an array of residential and |
supportive services for
people with mental health needs and |
developmental disabilities whenever they
are
transferred |
into another facility or a community-based setting.
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(b) In this Section:
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"Office of Developmental Disabilities" means the Office of |
Developmental
Disabilities within the Department of Human |
Services.
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"Office of Mental Health" means the Office of Mental Health |
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within the
Department of Human Services.
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(c) On and after the effective date of this amendatory Act |
of the 94th
General Assembly, every appropriation of State |
moneys relating to funding for
the Office of Developmental |
Disabilities or the Office of Mental Health must
comply with |
this Section.
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(d) Whenever any appropriation, or any portion of an |
appropriation, for any
fiscal year relating to the funding of |
any State-operated facility operated by
the Office of |
Developmental Disabilities or any mental health facility |
operated
by the Office of Mental Health is reduced because of |
any of the reasons set
forth in the following items (1) through |
(3), to the extent that savings are
realized from these items, |
those moneys must be directed toward providing
other services |
and supports for persons with developmental disabilities or
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mental health needs:
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(1) The closing of any such State-operated facility for |
the
developmentally disabled or mental health facility.
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(2) Reduction in the number of units or available beds |
in any such State-operated
facility for the |
developmentally disabled or mental health facility.
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(3) Reduction in the number of staff employed in any |
such State-operated
facility for the developmentally |
disabled or mental health facility. |
In determining whether any savings are realized from items |
(1) through
(3),
sufficient moneys shall be made available to |
ensure that there is an
appropriate level of
staffing and that |
life, safety, and care concerns are addressed so as to
provide |
for the
remaining persons with developmental disabilities or |
mental illness at any
facility in the
case of item (2) or (3) |
or, in the case of item (1), such remaining persons at
the
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remaining State-operated facilities that will be expected to |
handle the
individuals
previously served at the closed |
facility.
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(e) The purposes of redirecting this funding shall include, |
but not be
limited to, providing the following services and |
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supports for individuals with
developmental disabilities and |
mental health needs:
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(1) Residence in the most integrated setting possible, |
whether independent
living in a private residence, a |
Community Integrated Living Arrangement
(CILA), a |
supported residential program, an Intermediate Care |
Facility for
persons with Developmental Disabilities |
(ICFDD), a supervised residential
program, or supportive |
housing, as appropriate.
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(2) Residence in another State-operated facility.
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(3) Rehabilitation and support services, including |
assertive community
treatment, case management, supportive |
and supervised day treatment, and
psychosocial |
rehabilitation.
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(4) Vocational or developmental training, as |
appropriate, that contributes
to the person's independence |
and employment potential.
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(5) Employment or supported employment, as |
appropriate, free from
discrimination pursuant to the |
Constitution and laws of this State.
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(6) In-home family supports, such as respite services |
and client and
family supports.
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(7) Periodic reevaluation, as needed.
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(f) An appropriation may not circumvent the purposes of |
this Section by
transferring moneys within the funding system |
for services and supports for the
developmentally disabled and |
mentally ill and then compensating for this
transfer by |
redirecting other moneys away from these services to provide
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funding for some other governmental purpose or to relieve other |
State funding
expenditures.
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(405 ILCS 30/4.5 new)
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Sec. 4.5. Consultation with advisory and advocacy groups. |
Whenever any
appropriation, or any part of an appropriation, |
for any fiscal year relating to
the funding
of (i) a |
State-operated facility operated by the Office of |
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Developmental
Disabilities
within the Department of Human |
Services or (ii) a mental health facility
operated by the
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Office of Mental Health within the Department of Human Services |
is reduced
because of
any of the reasons set forth in items (1) |
through (3) of subsection (d) of
Section 4.4, the
plan for |
using any savings realized from those items (1) through (3) |
shall be
shared and
discussed with advocates, advocacy |
organizations, and advisory groups whose
mission
includes |
advocacy for persons with developmental disabilities or |
persons with
mental
illness.
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Section 99. Effective date. This Act takes effect upon |
becoming law. |
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