HB2905 104TH GENERAL ASSEMBLY

LRB104 09027 KTG 19083 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2905

Introduced 2/6/2025, by Rep. Terra Costa Howard

SYNOPSIS AS INTRODUCED:

405 ILCS 80/2-6

from Ch. 91 1/2, par. 1802-6

Amends the Developmental Disability and Mental Disability Services Act. In provisions limiting the funding amount for home-based services provided by the Department of Human Services to an adult with a mental disability, provides that, subject to appropriation for these purposes, the Department may exceed such funding limits for an adult with a mental disability whose service and support needs require a higher level of funding based on a determination of need administered by the Department or its service coordination agent. Provides that such service and support needs must be incorporated into the service plan of the adult with a mental disability and must align with criteria adopted by the Department. Permits the Department to limit the use of the funds to services and supports the adult with a mental disability requires to continue to live in the community. Permits the Department to adopt rules. Effective immediately.

A BILL FOR

AN ACT concerning mental 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 as follows:

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

Sec. 2-6.

(a) 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, except as provided in subsection (b), it in no case shall it be no more than either:

(1) (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

(2) (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.

(b) Subject to appropriation for these purposes, the Department may exceed the funding limits in paragraphs (1) or (2) of subsection (a) for an adult with a mental disability whose service and support needs require a higher level of funding based on a determination of need administered by the Department or its service coordination agent. The service and support needs funded by amounts authorized under this subsection must be incorporated into the service plan of the adult with a mental disability and must align with criteria adopted by the Department. For the higher service and support needs funded under this subsection, the Department may limit the use of the funds to services and supports the adult with a mental disability requires to continue to live in the community. The Department may adopt rules to implement this subsection.

(c) 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.)

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