Public Act 093-0773
 
HB4502 Enrolled LRB093 15398 DRJ 41001 b

    AN ACT in relation to persons with disabilities.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
57 as follows:
 
    (20 ILCS 1705/57)  (from Ch. 91 1/2, par. 100-57)
    Sec. 57. In order to identify the service needs of persons
with autism, the Department shall study the needs of the
population. The Department of Human Services shall
periodically convene a special task force of representatives of
the various State agencies with related programs and services
together with other interested parties and stakeholders to
study and assess submit service needs of persons with autism
reports to the General Assembly annually which shall supplement
the report submitted in accordance with Public Act 84-1291. The
Secretary of Human Services shall submit a report of the task
force's findings and recommendations and the Secretary's
priorities to the Governor and the General Assembly by
September 1, 2005. The Secretary shall provide annual progress
reports to the Governor and the General Assembly by January 1
of each year, beginning on January 1, 2006. The reports shall
include an analysis of progress made in since the submission of
that report in the areas outlined in that report, with emphasis
on the following areas:
    a. Early intervention services for children with autism and
their parents;
    b. Enhancement of family support mechanisms to enable
persons with autism to remain in a home-based or community
family home environment in the least-restrictive setting
possible, including progress on the implementation of plans to
provide assistance to individuals and families; the plan shall
include, but not be limited to, (i) identification of the
services required, (ii) the availability of services,
especially those within the home community of the person with
autism, (iii) the number of persons requiring the services,
(iv) the cost of the services, (v) the capacity of the person
with autism and his or her family to independently provide the
services and the extent to which the State may support the
individual and family effort, (vi) the extent of existing and
planned State support, (vii) the availability and utilization
of federal financial participation in the cost of services, and
(viii) the outcomes and impact of services being provided;
    c. Services for adequate transition for people with autism
from public school programs to adult work and day programs; and
    d. Plans, programs, and services under the Disabilities
Services Act of 2003 Facilitation of placement of persons with
autism in the least restrictive community setting.
    The Department of Human Services and the Department of
Public Aid shall determine the availability of federal
financial participation in the cost of developing a family
support program, which would include medical assistance
coverage for children diagnosed with autism who would otherwise
qualify for medical assistance under the Illinois Public Aid
Code except for family income. The program would include
services to support persons with autism in their homes and
communities that are not provided through local school systems,
early intervention programs, or the medical assistance program
under the Illinois Public Aid Code. The departments shall
determine the feasibility of obtaining federal financial
participation and may apply for any applicable waiver under
Section 1915(c) of the federal Social Security Act.
    For the purpose of this service needs review, autism means
a severely incapacitating life-long developmental disability
which:
    a. may be manifested before a person is 30 months of age,
    b. may be caused by physical disorders of the brain, and
    c. is characterized by uneven intellectual development and
a combination of disturbances in the rates and sequences of
cognitive, affective, psychomotor, language and speech
development. This syndrome is further evidenced by abnormal
responses to sensory stimuli, problems in developing social
relationships, and ritualistic and compulsive behavior.
(Source: P.A. 85-971.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.