Public Act 094-0498
 		





HB1345 Enrolled
LRB094 03621 DRJ 33626 b






    AN ACT in relation to health. 

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


 
    Section 5. The Community Services Act is amended by adding 
Sections 4.4 and
4.5 as follows:


 
    (405 ILCS 30/4.4 new)

    Sec. 4.4. Funding reinvestment.

    (a) The purposes of this Section are as follows:

        (1) The General Assembly recognizes that the United 
    States Supreme
Court in Olmstead v. L.C. ex Rel. Zimring, 
    119 S. Ct. 2176 (1999), affirmed
that the unjustifiable 
    institutionalization of a person with a disability who

    could live in the community with proper support, and wishes 
    to do so, is
unlawful discrimination in violation of the 
    Americans with Disabilities Act
(ADA). The State of 
    Illinois, along with all other states, is required to

    provide appropriate residential and community-based 
    support services to persons
with disabilities who wish to 
    live in a less restrictive setting.

        (2) It is the purpose of this Section to help fulfill 
    the State's
obligations under the Olmstead decision by 
    maximizing the level of funds for
both developmental 
    disability and mental health services and supports in order

    to maintain and create an array of residential and 
    supportive services for
people with mental health needs and 
    developmental disabilities whenever they
are
transferred 
    into another facility or a community-based setting.

    (b) In this Section:

    "Office of Developmental Disabilities" means the Office of 
Developmental
Disabilities within the Department of Human 
Services.

    "Office of Mental Health" means the Office of Mental Health 
within the
Department of Human Services.

    (c) On and after the effective date of this amendatory Act 
of the 94th
General Assembly, every appropriation of State 
moneys relating to funding for
the Office of Developmental 
Disabilities or the Office of Mental Health must
comply with 
this Section.

    (d) Whenever any appropriation, or any portion of an 
appropriation, for any
fiscal year relating to the funding of 
any State-operated facility operated by
the Office of 
Developmental Disabilities or any mental health facility 
operated
by the Office of Mental Health is reduced because of 
any of the reasons set
forth in the following items (1) through 
(3), to the extent that savings are
realized from these items, 
those moneys must be directed toward providing
other services 
and supports for persons with developmental disabilities or

mental health needs:

        (1) The closing of any such State-operated facility for 
    the
developmentally disabled or mental health facility.

        (2) Reduction in the number of units or available beds 
    in any such State-operated
facility for the 
    developmentally disabled or mental health facility.

        (3) Reduction in the number of staff employed in any 
    such State-operated
facility for the developmentally 
    disabled or mental health facility.
    In determining whether any savings are realized from items 
(1) through
(3),
sufficient moneys shall be made available to 
ensure that there is an
appropriate level of
staffing and that 
life, safety, and care concerns are addressed so as to
provide 
for the
remaining persons with developmental disabilities or 
mental illness at any
facility in the
case of item (2) or (3) 
or, in the case of item (1), such remaining persons at
the

remaining State-operated facilities that will be expected to 
handle the
individuals
previously served at the closed 
facility.


    (e) The purposes of redirecting this funding shall include, 
but not be
limited to, providing the following services and 
supports for individuals with
developmental disabilities and 
mental health needs:

        (1) Residence in the most integrated setting possible, 
    whether independent
living in a private residence, a 
    Community Integrated Living Arrangement
(CILA), a 
    supported residential program, an Intermediate Care 
    Facility for
persons with Developmental Disabilities 
    (ICFDD), a supervised residential
program, or supportive 
    housing, as appropriate.

        (2) Residence in another State-operated facility.

        (3) Rehabilitation and support services, including 
    assertive community
treatment, case management, supportive 
    and supervised day treatment, and
psychosocial 
    rehabilitation.

        (4) Vocational or developmental training, as 
    appropriate, that contributes
to the person's independence 
    and employment potential.

        (5) Employment or supported employment, as 
    appropriate, free from
discrimination pursuant to the 
    Constitution and laws of this State.

        (6) In-home family supports, such as respite services 
    and client and
family supports.

        (7) Periodic reevaluation, as needed.

    (f) An appropriation may not circumvent the purposes of 
this Section by
transferring moneys within the funding system 
for services and supports for the
developmentally disabled and 
mentally ill and then compensating for this
transfer by 
redirecting other moneys away from these services to provide

funding for some other governmental purpose or to relieve other 
State funding
expenditures.


 
    (405 ILCS 30/4.5 new)

    Sec. 4.5. Consultation with advisory and advocacy groups.    
Whenever any
appropriation, or any part of an appropriation, 
for any fiscal year relating to
the funding
of (i) a 
State-operated facility operated by the Office of 
Developmental
Disabilities
within the Department of Human 
Services or (ii) a mental health facility
operated by the

Office of Mental Health within the Department of Human Services 
is reduced
because of
any of the reasons set forth in items (1) 
through (3) of subsection (d) of
Section 4.4, the
plan for 
using any savings realized from those items (1) through (3) 
shall be
shared and
discussed with advocates, advocacy 
organizations, and advisory groups whose
mission
includes 
advocacy for persons with developmental disabilities or 
persons with
mental
illness.


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