SB3859 102ND GENERAL ASSEMBLY

LRB102 23255 RJT 32420 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3859

Introduced 1/21/2022, by Sen. Laura Fine

SYNOPSIS AS INTRODUCED:

405 ILCS 80/2-6	from Ch. 91 1/2, par. 1802-6
405 ILCS 80/2-18 new

Amends the Developmental Disability and Mental Disability Services Act. Provides that the amount that the Department of Human Services provides for home-based services may exceed specified limits if the service needs of the eligible adult require a higher funding level and funds are appropriated to the Department for such purposes. Provides that the Department of Human Services shall conduct a rate methodology study for the Home-Based Support Services Program for Adults with Mental Disabilities by no later than State Fiscal Year 2024, and that the study shall consider, among other factors, the lost purchasing power for the Program since State Fiscal Year 2015 due to increases in workforce costs and rates, and the actual cost of Program services. Effective immediately.

A BILL FOR

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 Section 2-6 and by adding Section 2-18 as follows:

(405 ILCS 80/2-6) (from Ch. 91 1/2, par. 1802-6)

Sec. 2-6. An application for the Program shall be submitted to the Department by the adult with a mental disability or, if the adult with a mental disability requires a guardian, by his or her legal guardian. If the application for participation in the Program is approved by the Department and the adult with a mental disability is eligible to receive services under this Article, the adult with a mental disability shall be made aware of the availability of a community support team and shall be offered case management services. The amount of the home-based services provided by the Department in any month shall be determined by the service plan of the adult with a mental disability, but in no case shall it be more than either:

(a) three hundred percent of the monthly federal Supplemental Security Income payment for an individual residing alone if the adult with a mental disability is not enrolled in a special education program by a local education agency, or

(b) two hundred percent of the monthly Supplemental Security Income payment for an individual residing alone if the adult with a mental disability is enrolled in a special education program by a local education agency, or .

(c) an amount exceeding the limit in paragraph (a) or (b) if the service needs of the eligible adult require a higher funding level and funds are appropriated to the Department for such purposes.

Upon approval of the Department, all or part of the monthly amount approved for home-based services to participating adults may be used as a one-time or continuing payment to the eligible adult or the adult's parent or guardian to pay for specified tangible items that are directly related to meeting basic needs related to the person's mental disabilities.

Tangible items include, but are not limited to: adaptive equipment, medication not covered by third-party payments, nutritional supplements, and residential modifications.

(Source: P.A. 99-143, eff. 7-27-15.)

(405 ILCS 80/2-18 new)

Sec. 2-18. Home-Based Support Services Program for Adults with Mental Disabilities rate methodology study. The Department shall conduct a rate methodology study for the Home-Based Support Services Program for Adults with Mental Disabilities by no later than State Fiscal Year 2024. The study shall consider, among other factors, the lost purchasing power for the Program since State Fiscal Year 2015 due to increases in workforce costs and rates, and the actual cost of Program services.

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