Illinois General Assembly - Full Text of Public Act 100-0924
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Public Act 100-0924


Public Act 0924 100TH GENERAL ASSEMBLY



Public Act 100-0924
SB2424 EnrolledLRB100 17322 MJP 32483 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Developmental Disability and Mental
Disability Services Act is amended by adding Article VII-A as
    (405 ILCS 80/Art. VII-A heading new)

    (405 ILCS 80/7A-1 new)
    Sec. 7A-1. Diversion from Facility-based Care Pilot
    (a) The purposes of this Article are to:
        (1) decrease the number of admissions to
    State-operated facilities;
        (2) address the needs of individuals receiving Home and
    Community Based Services (HCBS) with intellectual
    disabilities or developmental disabilities who are at risk
    of facility-based care due to significant behavioral
    challenges, some with a dual diagnosis of mental illness,
    by providing a community-based residential alternative to
    facility-based care consistent with their individual
    plans, and to transition these individuals back to a
    traditional community-integrated living arrangement or
    other HCBS community setting program;
        (3) create greater capacity within the short-term
    stabilization homes by allowing individuals who need an
    extended period of treatment to transfer to a long-term
    stabilization home;
        (4) stabilize the existing community-integrated living
    arrangement homes where the presence of individuals with
    complex behavioral challenges is disruptive to their
    housemates; and
        (5) add support services to enhance community service
    providers who serve individuals with significant
    behavioral challenges.
    (b) Subject to appropriation or the availability of other
funds for these purposes at the discretion of the Department,
the Department shall establish the Diversion from
Facility-based Care Pilot Program consisting of at least 6
homes in various locations in this State in accordance with
this Article and the following model:
        (1) the Diversion from Facility-based Care Model shall
    serve individuals with intellectual disabilities or
    developmental disabilities who are currently receiving
    HCBS services and are at risk of facility-based care due to
    significant behavioral challenges, some with a dual
    diagnosis of mental illness, for a period ranging from one
    to 2 years, or longer if appropriate for the individual;
        (2) the Program shall be regulated in accordance with
    the community-integrated living arrangement guidelines;
        (3) each home shall support no more than 4 residents,
    each having his or her own bedroom;
        (4) if, at any point, an individual, his or her
    guardian, or family caregivers, in conjunction with the
    provider and clinical staff, believe the individual is
    capable of participating in a HCBS service, those
    opportunities shall be offered as they become available;
        (5) providers shall have adequate resources,
    experience, and qualifications to serve the population
    target by the Program, as determined by the Department;
        (6) participating Program providers and the Department
    shall participate in an ongoing collaborative whereby best
    practices and treatment experiences would be shared and
        (7) home locations shall be proposed by the provider in
    collaboration with other community stakeholders;
        (8) The Department, in collaboration with
    participating providers, by rule shall develop data
    collection and reporting requirements for participating
    community service providers. Beginning December 31, 2020
    the Department shall submit an annual report
    electronically to the General Assembly and Governor that
    outlines the progress and effectiveness of the pilot
    program. The report to the General Assembly shall be filed
    with the Clerk of the House of Representatives and the
    Secretary of the Senate in electronic form only, in the
    manner that the Clerk and the Secretary shall direct;
        (9) the staffing model shall allow for a high level of
    community integration and engagement and family
    involvement; and
        (10) appropriate day services, staff training
    priorities, and home modifications shall be incorporated
    into the Program model, as allowed by HCBS authorization.
    (c) This Section is repealed on January 1, 2023.
    Section 99. Effective date. This Act takes effect July 1,

Effective Date: 7/1/2019