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| Public Act 100-0924 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Developmental Disability and Mental | ||||
Disability Services Act is amended by adding Article VII-A as | ||||
follows: | ||||
(405 ILCS 80/Art. VII-A heading new) | ||||
VII-A. DIVERSION FROM FACILITY-BASED CARE PROGRAM | ||||
(405 ILCS 80/7A-1 new) | ||||
Sec. 7A-1. Diversion from Facility-based Care Pilot | ||||
Program. | ||||
(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; | ||
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) This Section is repealed on January 1, 2023.
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Section 99. Effective date. This Act takes effect July 1, | ||
2019.
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