Public Act 0493 103RD GENERAL ASSEMBLY

  
  
  
 

 
Public Act 103-0493
 
SB1674 EnrolledLRB103 29556 SPS 55951 b


  
    AN ACT concerning health.
  
 
    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 changing  the heading of 
Article  VII-A and Section 7A-1 and  by adding Sections 7A-2, 
7A-3, and 7A-4 as follows:
 
    (405 ILCS 80/Art. VII-A heading)
ARTICLE VII-A.  STABILIZATION SUPPORT PILOT PROGRAMS   DIVERSION 
FROM FACILITY-BASED CARE PROGRAM


(Source: P.A. 100-924, eff. 7-1-19; 101-81, eff. 7-12-19.)
 
    (405 ILCS 80/7A-1)
    (Section scheduled to be repealed on January 1, 2025)
    Sec. 7A-1. Stabilization Support Pilot Programs Diversion 
from Facility-based Care Pilot Program.
    (a)     The purposes  of this Article are to:
        (1) decrease the number of admissions to State 
    developmental centers 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 personal 
    individual plans, and to transition these individuals back 
    to home and community-based services programming a 
    traditional community-integrated living arrangement or 
    other HCBS community setting program;
        (3) (blank); 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 system 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; and .
        (6)   increase the number of individuals transitioning 
    out of State developmental centers into home and 
    community-based services programming.
    (b) (Blank).   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; 
    and
        (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 
    utilized;
        (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)       (Blank). This Section is repealed on January 1, 2025. 

(Source: P.A. 102-1109, eff. 12-21-22.)
 
    (405 ILCS 80/7A-2 new)
    Sec. 7A-2. Long-Term Stabilization Support Program.
    (a)    Subject to appropriation or the availability of other 
funds for these purposes at the discretion of the Department, 
the Department shall establish the Long-Term Stabilization 
Support Program consisting of at least 8 homes across the 
State in accordance with this Article and the following 
requirements:
        (1)  The Long-Term Stabilization Support Program shall 
    serve individuals with intellectual disabilities or 
    developmental disabilities who are currently receiving 
    home and community-based services and are at risk of 
    facility-based care due to significant behavioral 
    challenges and individuals transitioning out of State 
    developmental centers for a period of up to 2 years, or 
    longer if appropriate for the individual.
        (2)  The program shall be regulated by the Department 
    in accordance with the community-integrated living 
    arrangement guidelines set forth under the 
    Community-Integrated Living Arrangement Licensure and 
    Certification Act and any applicable rules or policies.
        (3)  Each home shall support no more than 4 residents, 
    each having his or her own bedroom.
        (4)  If an individual is in need of this program, it 
    must be reflected in his or her individual plan.
        (5)  The individual, in conjunction with his or her 
    guardian, if applicable, may change his or her home and 
    community-based services, including his or her 
    participation in this program, including requesting 
    alternate placement when the wants or needs of the 
    individual, as reflected in the individual's personal 
    plan, would be better served in another setting along the 
    full spectrum of care. If  an individual, his or her 
    guardian, if applicable, or family caregivers, in 
    conjunction with the independent service coordination 
    agency, the provider, and clinical staff, believe the 
    individual's wants or needs, as reflected in the 
    individual's personal plan, would be better served in an 
    alternate setting along the full spectrum of care, those 
    opportunities shall be discussed as they are identified. 
    The request may be made at any point during the period 
    specified in paragraph (1) or at the conclusion of that 
    period, when assessing whether continued participation in 
    the program would be appropriate for the individual.
        (6)  The Department shall ensure providers have 
    adequate resources, experience, and qualifications to 
    serve the population targeted by this program.
        (7)  The Department shall lead the providers in an  
    ongoing collaboration, whereby best practices and 
    treatment experiences shall be shared and utilized.
        (8)  The providers shall propose home locations in 
    collaboration with other community stakeholders.
    (b) Beginning March 31, 2025, the Department shall publish 
quarterly reports on the following:
        (1) the number of individuals participating in the 
    program;
        (2) the number of individuals transitioning from the 
    program;
        (3) the location where individuals transition to 
    during and after participation in the program; and
        (4) the length of time individuals are participating 
    in the 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, in the manner that the Clerk and the 
Secretary shall direct.
    (c) The Department shall adopt rules to develop and 
implement this program.
 
    (405 ILCS 80/7A-3 new)
    Sec. 7A-3. Short-Term Stabilization Support Program.
    (a)   Subject to appropriation or the availability of other 
funds for these purposes at the discretion of the Department, 
the Department shall establish the Short-Term Stabilization 
Support Program consisting of at least 10 homes across the 
State, in accordance with this Article and the following 
requirements:
        (1) The Short-Term Stabilization Support Program shall 
    serve individuals with intellectual disabilities or 
    developmental disabilities who are currently receiving 
    home and community-based services and are at risk of 
    facility-based care due to significant behavioral 
    challenges for a period ranging up to 90 days with an 
    option to extend if appropriate for the individual.
        (2) The program shall be regulated by the Department 
    in accordance with the community-integrated living 
    arrangement guidelines set forth under the 
    Community-Integrated Living Arrangement Licensure and 
    Certification Act and any applicable rules or policies or 
    shall be regulated by the Department of Children and 
    Family Services in accordance with child group home 
    guidelines set forth under the Children and Family 
    Services Act and any applicable rules or policies.
        (3) Each home shall support no more than 4 residents, 
    each having his or her own bedroom.
        (4) If an individual is in need of this program, it 
    must be reflected in his or her individual plan.
        (5) The individual, in conjunction with his or her 
    guardian, if applicable, may change his or her home and 
    community-based services, including his or her 
    participation in this program, including requesting 
    alternate placement when the wants or needs of the 
    individual, as reflected in the individual's personal 
    plan, would be better served in another setting along the 
    full spectrum of care. If  an individual, his or her 
    guardian, if applicable, or family caregivers, in 
    conjunction with the independent service coordination 
    agency, the provider, and clinical staff, believe the 
    individual's wants or needs, as reflected in the 
    individual's personal plan, would be better served in an 
    alternate setting along the full spectrum of care, those 
    opportunities shall be discussed as they are identified. 
    The request may be made at any point during the period 
    specified in paragraph (1) or at the conclusion of that 
    period, when assessing whether continued participation in 
    the program would be appropriate for the individual.
        (6) The Department shall ensure providers have 
    adequate resources, experience, and qualifications to 
    serve the population targeted by this program.
        (7) The Department shall lead the providers in an  
    ongoing collaboration, whereby best practices and 
    treatment experiences shall be shared and utilized.
        (8) The providers shall propose home locations in 
    collaboration with other community stakeholders.
    (b) Beginning March 31, 2025, the Department shall publish 
quarterly reports on the following:
        (1) the number of individuals participating in the 
    program;
        (2) the number of individuals transitioning from the 
    program;
        (3) the location where individuals transition to 
    during and after participation in the program; and
        (4) the length of time individuals are participating 
    in the 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, in the manner that the Clerk and the 
Secretary shall direct.
    (c) The Department shall adopt rules to develop and 
implement this program.
 
    (405 ILCS 80/7A-4 new)
    Sec. 7A-4. Repealer. This Article is repealed January 1, 
2028.