Public Act 095-0251
 		





SB0051 Enrolled
LRB095 04473 DRJ 24520 b






    AN ACT concerning public aid.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Department of Human Services Act is amended  
by changing Section 10-26 as follows:
 



    (20 ILCS 1305/10-26)



    Sec. 10-26. Disability database. 

    (a) The Department of Human Services shall compile and 
maintain a
cross-disability database of Illinois residents 
with a disability who are
potentially
in need of disability 
services funded by the Department. The database shall
consist 
of individuals with mental illness, physical disabilities, and

developmental
disabilities, and autism spectrum disorders and 
shall include, but not be limited to, individuals
transitioning 
from
special education to adulthood, individuals in 
State-operated facilities, individuals
in private nursing and 
residential facilities, and individuals in community

integrated living arrangements. Within 30 days after the 
effective date of this
amendatory Act of the 93rd General 
Assembly, the Secretary of Human Services
shall seek input from 
advisory bodies to the Department, including advisory
councils 
and committees working with the Department in the areas of 
mental
illness, physical disabilities, and developmental 
disabilities. The database
shall be
operational by July 1, 
2004. The information collected and maintained for the

disability database shall include, but is not limited to, the 
following: (i)
the types of
services of which the individual is 
potentially in need; (ii) demographic and
identifying 
information about the individual; (iii) factors indicating 
need,
including
diagnoses, assessment information, age of 
primary caregivers, and current
living
situation; (iv) if 
applicable, the date information about the individual is

submitted for inclusion in the database and
the
types of 
services sought by the individual; and (v) the representative

district
in which the individual resides. In collecting and 
maintaining information
under
this Section, the Department 
shall give consideration to cost-effective
appropriate 
services for individuals.

    (b) This amendatory Act of the 93rd General Assembly does 
not create
any new entitlement to a service, program, or 
benefit, but shall not affect any
entitlement to a service, 
program, or benefit created by any other law. Except
for
a 
service, program, or benefit that is an entitlement, a service, 
program, or
benefit provided as a result of the collection and 
maintenance of the
disability
database shall be subject to 
appropriations made by the General Assembly.

    (c) The Department, consistent with applicable federal and 
State law, shall
make general information from the disability

database available to the public such as: (i) the number of 
individuals
potentially
in need of each type of service, 
program, or benefit and (ii) the general
characteristics of 
those individuals.  The Department shall protect the

confidentiality of each individual in the database when 
releasing database
information by
not disclosing any 
personally identifying information.

(Source: P.A. 93-503, eff. 8-11-03.)

 
    Section 10. The Developmental Disability and Mental 
Disability Services Act is amended  by adding Section 5-4 as 
follows:
 
    (405 ILCS 80/5-4  new)
    Sec. 5-4. Home and Community-Based Services Waivers; 
autism spectrum disorder.   A person diagnosed with an autism 
spectrum disorder may be assessed for eligibility for services 
under Home and Community-Based Services Waivers for persons 
with developmental disabilities, without regard to whether 
that person is also diagnosed with mental retardation, so long 
as the person otherwise meets applicable level-of-care 
criteria under those waivers.  This amendatory Act of the 95th 
General Assembly does not create any new entitlement to a 
service, program, or benefit, but shall not affect any 
entitlement to a service, program, or benefit created
by any 
other law.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.






Effective Date:  8/17/2007