Public Act 93-0638
HB0684 Re-Enrolled LRB093 05504 MKM 05595 b
AN ACT concerning disabled persons.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Disabilities Services Act of 2003.
Section 5. Purpose. It is the purpose of this Act to
create an advisory committee to develop and implement a
disabilities services implementation plan as provided in
Section 20 to 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).
Section 10. Application of Act; definitions.
(a) This Act applies to persons with disabilities. The
disabilities included are defined for purposes of this Act as
follows:
"Disability" means a disability as defined by the
Americans with Disabilities Act of 1990 that is attributable
to a developmental disability, a mental illness, or a
physical disability, or combination of those.
"Developmental disability" means a disability that is
attributable to mental retardation or a related condition. A
related condition must meet all of the following conditions:
(1) It must be attributable to cerebral palsy,
epilepsy, or any other condition (other than mental
illness) found to be closely related to mental
retardation because that condition results in impairment
of general intellectual functioning or adaptive behavior
similar to that of individuals with mental retardation,
and requires treatment or services similar to those
required for those individuals. For purposes of this
Section, autism is considered a related condition.
(2) It must be manifested before the individual
reaches age 22.
(3) It must be likely to continue indefinitely.
(4) It must result in substantial functional
limitations in 3 or more of the following areas of major
life activity: self-care, language, learning, mobility,
self-direction, and capacity for independent living.
"Mental Illness" means a mental or emotional disorder
verified by a diagnosis contained in the Diagnostic and
Statistical Manual of Mental Disorders-Fourth Edition,
published by the American Psychiatric Association (DSM-IV),
or its successor, or International Classification of
Diseases, 9th Revision, Clinical Modification (ICD-9-CM), or
its successor, that substantially impairs a person's
cognitive, emotional, or behavioral functioning, or any
combination of those, excluding (i) conditions that may be
the focus of clinical attention but are not of sufficient
duration or severity to be categorized as a mental illness,
such as parent-child relational problems, partner-relational
problems, sexual abuse of a child, bereavement, academic
problems, phase-of-life problems, and occupational problems
(collectively, "V codes"), (ii) organic disorders such as
substance intoxication dementia, substance withdrawal
dementia, Alzheimer's disease, vascular dementia, dementia
due to HIV infection, and dementia due to Creutzfeld-Jakob
disease and disorders associated with known or unknown
physical conditions such as hallucinasis, amnestic disorders
and delirium, and psychoactive substance-induced organic
disorders, and (iii) mental retardation or psychoactive
substance use disorders.
"Mental retardation" means significantly sub-average
general intellectual functioning existing concurrently with
deficits in adaptive behavior and manifested before the age
of 22 years.
"Physical disability" means a disability as defined by
the Americans with Disabilities Act of 1990 that meets the
following criteria:
(1) It is attributable to a physical impairment.
(2) It results in a substantial functional
limitation in any of the following areas of major life
activity: (i) self-care, (ii) receptive and expressive
language, (iii) learning, (iv) mobility, (v)
self-direction, (vi) capacity for independent living, and
(vii) economic sufficiency.
(3) It reflects the person's need for a combination
and sequence of special, interdisciplinary, or general
care, treatment, or other services that are of lifelong
or of extended duration and must be individually planned
and coordinated.
(b) In this Act:
"Chronological age-appropriate services" means services,
activities, and strategies for persons with disabilities that
are representative of the lifestyle activities of nondisabled
peers of similar age in the community.
"Comprehensive evaluation" means procedures used by
qualified professionals selectively with an individual to
determine whether a person has a disability and the nature
and extent of the services that the person with a disability
needs.
"Department" means the Department on Aging, the
Department of Human Services, the Department of Public
Health, the Department of Public Aid, the University of
Illinois Division of Specialized Care for Children, the
Department of Children and Family Services, and the Illinois
State Board of Education, where appropriate, as designated in
the implementation plan developed under Section 20.
"Family" means a natural, adoptive, or foster parent or
parents or other person or persons responsible for the care
of an individual with a disability in a family setting.
"Family or individual support" means those resources and
services that are necessary to maintain an individual with a
disability within the family home or his or her own home.
These services may include, but are not limited to, cash
subsidy, respite care, and counseling services.
"Independent service coordination" means a social service
that enables persons with developmental disabilities and
their families to locate, use, and coordinate resources and
opportunities in their communities on the basis of individual
need. Independent service coordination is independent of
providers of services and funding sources and is designed to
ensure accessibility, continuity of care, and accountability
and to maximize the potential of persons with developmental
disabilities for independence, productivity, and integration
into the community. Independent service coordination
includes, at a minimum: (i) outreach to identify eligible
individuals; (ii) assessment and periodic reassessment to
determine each individual's strengths, functional
limitations, and need for specific services; (iii)
participation in the development of a comprehensive
individual service or treatment plan; (iv) referral to and
linkage with needed services and supports; (v) monitoring to
ensure the delivery of appropriate services and to determine
individual progress in meeting goals and objectives; and (vi)
advocacy to assist the person in obtaining all services for
which he or she is eligible or entitled.
"Individual service or treatment plan" means a recorded
assessment of the needs of a person with a disability, a
description of the services recommended, the goals of each
type of element of service, an anticipated timetable for the
accomplishment of the goals, and a designation of the
qualified professionals responsible for the implementation of
the plan.
"Least restrictive environment" means an environment that
represents the least departure from the normal patterns of
living and that effectively meets the needs of the person
receiving the service.
Section 15. Services. Services shall be provided in
accordance with the individual service or treatment plan
developed for an individual under this Section. The
individual shall initially be screened for potential
eligibility by the appropriate State agency and, if the
individual is deemed probably eligible for a disability
service or program, a comprehensive evaluation of the
individual shall be conducted to determine the services and
programs appropriate for that individual. The array of
available services shall be described in the Disabilities
Services Implementation Plan required under this Act and may
include, but need not be limited to:
(1) Comprehensive evaluation and diagnosis. A
person with a suspected disability who is applying for
Department-authorized disability services must receive,
after an initial screening and a determination of
probable eligibility for a disability service or program,
a comprehensive diagnosis and evaluation, including an
assessment of skills, abilities, and potential for
residential and work placement, adapted to his or her
primary language, cultural background, and ethnic origin.
All components of a comprehensive evaluation must be
administered by a qualified examiner.
(2) Individual service or treatment plan. A person
with a disability shall receive services in accordance
with a current individual service or treatment plan. A
person with a disability who is receiving services shall
be provided periodic reevaluation and review of the
individual service or treatment plan, at least annually,
in order to measure progress, to modify or change
objectives if necessary, and to provide guidance and
remediation techniques.
A person with a disability and his or her guardian
have the right to participate in the planning and
decision-making process regarding the person's individual
service or treatment plan and to be informed in writing,
or in that person's mode of communication, of progress at
reasonable time intervals. Each person must be given the
opportunity to make decisions and exercise options
regarding the plan, consistent with the person's
capabilities. Family members and other representatives of
the person with a disability must be allowed, encouraged,
and supported to participate as well, if the person with
a disability consents to that participation.
(3) Nondiscriminatory access to services. A person
with a disability may not be denied program services
because of sex, ethnic origin, marital status, ability to
pay (except where contrary to law), or criminal record.
Specific program eligibility requirements with regard to
disability, level of need, age, and other matters may be
established by the Department by rule. The Department
may set priorities for the provision of services and for
determining the need and eligibility for services in
accordance with available funding.
(4) Family or individual support. A person with a
disability must be provided family or individual support
services, or both, whenever possible and appropriate, to
prevent unnecessary out-of-home placement and to foster
independent living skills when authorized for such
services.
(5) Residential choices and options. A person with
a disability who requires residential placement in a
supervised or supported setting must be provided choices
among various residential options when authorized for
those services. The placement must be offered in the
least restrictive environment appropriate to the
individual.
(6) Education. A person with a disability has the
right to a free, appropriate public education as provided
in both State and federal law. Each local educational
agency must prepare persons with disabilities for adult
living. In anticipation of adulthood, each person with a
disability has the right to a transition plan developed
and ready for implementation before the person's exit by
no later than the school year in which the person reaches
age 14, consistent with the requirements of the federal
Individuals with Disabilities Education Act and Article
XIV of the School Code.
(7) Vocational training. A person with a
disability must be provided vocational training, when
appropriate, that contributes to the person's
independence and employment potential. This training
should include strategies and activities in programs that
lead to employment and reemployment in the least
restrictive environment appropriate to the individual.
(8) Employment. A person with a disability has the
right to be employed free from discrimination, pursuant
to the Constitution and laws of this State.
(9) Independent service coordination. A person with
a disability who is receiving direct services from the
Department must be provided independent service
coordination when needed.
(10) Mental health supports. Individuals with a
disability must be provided needed mental health supports
such as psychological rehabilitation, psychiatric and
medication coverage, day treatment, care management, and
crisis services.
(11) Due process. A person with a disability
retains the rights of citizenship. Any person aggrieved
by a decision of a department regarding services
provided under this Act must be given an opportunity to
present complaints at a due process hearing before an
impartial hearing officer designated by the director of
that department. Any person aggrieved by a final
administrative decision rendered following the due
process hearing may seek judicial review of that decision
pursuant to the Administrative Review Law. The term
"administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure. Attorney's fees and costs
may be awarded to a prevailing complainant in any due
process hearing or action for judicial review under this
Act.
The right to a hearing under this item (11) is in
addition to any other rights under federal, State, or
local laws, however nothing in this Section shall be
construed as requiring the establishment of a new due
process hearing procedure if one already exists for a
particular service or program.
Section 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 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.
(2) Establishing procedures for the development of
an individual service or treatment plan for each person
with a disability, including provisions for Department
review and authorization.
(3) Identifying core services to be provided by
agencies of the State of Illinois or other agencies.
(4) Establishing minimum standards for
individualized services.
(5) Establishing minimum standards for residential
services in the least restrictive environment.
(6) Establishing minimum standards for vocational
services.
(7) Establishing due process hearing procedures.
(8) Establishing minimum standards for family
support services.
(9) Securing financial resources necessary to
fulfill the purposes and requirements of this Act,
including but not limited to obtaining approval and
implementing waivers or demonstrations authorized under
federal law.
(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 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.
(3) The estimated costs of current and planned
programs and services to be provided under the
implementation plan.
(4) A report on the number of persons with
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.
(5) Any proposed changes in State policies, laws,
or regulations necessary to fulfill the purposes and
requirements of this Act.
(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.
Section 25. Appropriations. Services shall be provided
under this Act to the extent that appropriations are made
available by the General Assembly for the programs and
services indicated in the implementation plan.
Section 30. Entitlements. This Act does not create any
new entitlement to a service, program, or benefit, but shall
not be construed to affect any entitlement to a service,
program, or benefit created by any other law.
(405 ILCS 80/1-1 rep.)
(405 ILCS 80/1-2 rep.)
(405 ILCS 80/1-3 rep.)
(405 ILCS 80/1-4 rep.)
(405 ILCS 80/1-5 rep.)
Section 90. The Developmental Disability and Mental
Disability Services Act is amended by repealing Sections 1-1,
1-2, 1-3, 1-4, and 1-5 (the Developmental Disabilities
Services Law).
Section 99. Effective date. This Act takes effect upon
becoming law.