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| Public Act 095-0251 |
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AN ACT concerning public aid.
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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 Department of Human Services Act is amended | ||||
by changing Section 10-26 as follows:
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(20 ILCS 1305/10-26)
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Sec. 10-26. Disability database.
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(a) The Department of Human Services shall compile and | ||||
maintain a
cross-disability database of Illinois residents | ||||
with a disability who are
potentially
in need of disability | ||||
services funded by the Department. The database shall
consist | ||||
of individuals with mental illness, physical disabilities, and
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developmental
disabilities, and autism spectrum disorders and | ||||
shall include, but not be limited to, individuals
transitioning | ||||
from
special education to adulthood, individuals in | ||||
State-operated facilities, individuals
in private nursing and | ||||
residential facilities, and individuals in community
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integrated living arrangements. Within 30 days after the | ||||
effective date of this
amendatory Act of the 93rd General | ||||
Assembly, the Secretary of Human Services
shall seek input from | ||||
advisory bodies to the Department, including advisory
councils | ||||
and committees working with the Department in the areas of | ||||
mental
illness, physical disabilities, and developmental | ||||
disabilities. The database
shall be
operational by July 1, | ||
2004. The information collected and maintained for the
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disability database shall include, but is not limited to, the | ||
following: (i)
the types of
services of which the individual is | ||
potentially in need; (ii) demographic and
identifying | ||
information about the individual; (iii) factors indicating | ||
need,
including
diagnoses, assessment information, age of | ||
primary caregivers, and current
living
situation; (iv) if | ||
applicable, the date information about the individual is
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submitted for inclusion in the database and
the
types of | ||
services sought by the individual; and (v) the representative
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district
in which the individual resides. In collecting and | ||
maintaining information
under
this Section, the Department | ||
shall give consideration to cost-effective
appropriate | ||
services for individuals.
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(b) This amendatory Act of the 93rd General Assembly does | ||
not create
any new entitlement to a service, program, or | ||
benefit, but shall not affect any
entitlement to a service, | ||
program, or benefit created by any other law. Except
for
a | ||
service, program, or benefit that is an entitlement, a service, | ||
program, or
benefit provided as a result of the collection and | ||
maintenance of the
disability
database shall be subject to | ||
appropriations made by the General Assembly.
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(c) The Department, consistent with applicable federal and | ||
State law, shall
make general information from the disability
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database available to the public such as: (i) the number of | ||
individuals
potentially
in need of each type of service, | ||
program, or benefit and (ii) the general
characteristics of | ||
those individuals. The Department shall protect the
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confidentiality of each individual in the database when | ||
releasing database
information by
not disclosing any | ||
personally identifying information.
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(Source: P.A. 93-503, eff. 8-11-03.)
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Section 10. The Developmental Disability and Mental | ||
Disability Services Act is amended by adding Section 5-4 as | ||
follows: | ||
(405 ILCS 80/5-4 new) | ||
Sec. 5-4. Home and Community-Based Services Waivers; | ||
autism spectrum disorder. A person diagnosed with an autism | ||
spectrum disorder may be assessed for eligibility for services | ||
under Home and Community-Based Services Waivers for persons | ||
with developmental disabilities, without regard to whether | ||
that person is also diagnosed with mental retardation, so long | ||
as the person otherwise meets applicable level-of-care | ||
criteria under those waivers. This amendatory Act of the 95th | ||
General Assembly does not create any new entitlement to a | ||
service, program, or benefit, but shall not affect any | ||
entitlement to a service, program, or benefit created
by any | ||
other law.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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