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92_HB2437eng HB2437 Engrossed LRB9204653DJmgA 1 AN ACT in relation to health. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Disabilities Services Act of 2001. 6 Section 5. Purpose. It is the purpose of this Act to 7 create an advisory committee to develop and implement a 8 disabilities services implementation plan as provided in 9 Section 20 to ensure compliance by the State of Illinois with 10 the Americans with Disabilities Act and the decision in 11 Olmstead v. L.C., 119 S.Ct. 2176 (1999). 12 Section 10. Application of Act; definitions. This Act 13 applies to persons with disabilities. The disabilities 14 included are defined for purposes of this Act as follows: 15 "Disability" means a disability as defined by the 16 Americans with Disabilities Act of 1990 that is attributable 17 to a developmental disability, a mental illness, or a 18 physical disability, or combination of those. 19 "Developmental disability" means a disability that is 20 attributable to mental retardation or a related condition. A 21 related condition must meet all of the following conditions: 22 (1) It must be attributable to cerebral palsy, 23 epilepsy, or autism, or any other condition (other than 24 mental illness) found to be closely related to mental 25 retardation because that condition results in impairment 26 of general intellectual functioning or adaptive behavior 27 similar to that of individuals with mental retardation, 28 and requires treatment or services similar to those 29 required for those individuals. 30 (2) It must be manifested before the individual HB2437 Engrossed -2- LRB9204653DJmgA 1 reaches age 22. 2 (3) It must be likely to continue indefinitely. 3 (4) It must result in substantial functional 4 limitations in 3 or more of the following areas of major 5 life activity: self-care, language, learning, mobility, 6 self-direction, and capacity for independent living. 7 "Mental Illness" means a mental or emotional disorder 8 verified by a diagnosis contained in the Diagnostic and 9 Statistical Manual of Mental Disorders-Fourth Edition, 10 published by the American Psychiatric Association (DSM-IV) or 11 International Classification of Diseases, 9th Revision, 12 Clinical Modification (ICD-9-CM) that substantially impairs a 13 person's cognitive, emotional, or behavioral functioning, or 14 any combination of those, excluding (i) conditions that may 15 be the focus of clinical attention but are not of sufficient 16 duration or severity to be categorized as a mental illness, 17 such as parent-child relational problems, partner-relational 18 problems, sexual abuse of a child, bereavement, academic 19 problems, phase-of-life problems, and occupational problems 20 (collectively, "V codes"), (ii) organic disorders such as 21 substance intoxication dementia, substance withdrawal 22 dementia, Alzheimer's disease, vascular dementia, dementia 23 due to HIV infection, and dementia due to Creutzfeld-Jakob 24 disease and disorders associated with known or unknown 25 physical conditions such as hallucinasis, amnestic disorders 26 and delirium, psychoactive substance-induced organic 27 disorders, and (iii) mental retardation or psychoactive 28 substance use disorders. 29 "Mental retardation" means significantly sub-average 30 general intellectual functioning existing concurrently with 31 deficits in adaptive behavior and manifested before the age 32 of 22 years. "Significantly sub-average" means an 33 intelligence quotient (IQ) of 70 or below on standardized 34 measures of intelligence. This upper limit could be extended HB2437 Engrossed -3- LRB9204653DJmgA 1 upward depending on the reliability of the intelligence test 2 used. 3 "Physical disability" means a disability as defined by 4 the Americans with Disabilities Act of 1990 that meets the 5 following criteria: 6 (1) It is attributable to a physical impairment. 7 (2) It results in a substantial functional 8 limitation in 3 or more of the following areas of major 9 life activity: (i) self-care, (ii) receptive and 10 expressive language, (iii) learning, (iv) mobility, (v) 11 self-direction, (vi) capacity for independent living, and 12 (vii) economic sufficiency. 13 (3) It reflects the person's need for a combination 14 and sequence of special, interdisciplinary, or general 15 care, treatment, or other services that are of lifelong 16 or of extended duration and must be individually planned 17 and coordinated. 18 "Department" means the Department on Aging, the 19 Department of Human Services, the Department of Public 20 Health, the Department of Public Aid, the University of 21 Illinois Division of Specialized Care for Children, the 22 Department of Children and Family Services, and the Illinois 23 State Board of Education, where appropriate, as designated in 24 the implementation plan developed under Section 20. 25 "Service coordination" means a goal-oriented process for 26 the coordination of the range of services needed by persons 27 with disabilities and their families. Service coordination 28 is designed to ensure accessibility, continuity of care, and 29 accountability and to maximize the potential of persons with 30 disabilities for independence, productivity, and integration 31 into the community. Service coordination includes, at a 32 minimum: (i) outreach to identify eligible individuals; (ii) 33 assessment and periodic reassessment to determine each 34 individual's strengths, functional limitations, and need for HB2437 Engrossed -4- LRB9204653DJmgA 1 specific services; (iii) participation in the development of 2 a comprehensive individual service or treatment plan; (iv) 3 referral to and linkage with needed services and supports; 4 (v) monitoring to ensure the delivery of appropriate services 5 and to determine individual progress in meeting goals and 6 objectives; and (vi) advocacy to assist the person in 7 obtaining all services for which he or she is eligible or 8 entitled. 9 "Chronological age-appropriate services" means services, 10 activities, and strategies for persons with disabilities that 11 are representative of the lifestyle activities of nondisabled 12 peers of similar age in the community. 13 "Comprehensive evaluation" means procedures used by 14 qualified professionals selectively with an individual to 15 determine whether a person has a disability and the nature 16 and extent of the services that the person with a disability 17 needs. 18 "Family" means a natural, adoptive, or foster parent or 19 parents or other person or persons responsible for the care 20 of an individual with a disability in a family setting. 21 "Family or individual support" means those resources and 22 services that are necessary to maintain an individual with a 23 disability within the family home or his or her own home. 24 These services may include, but are not limited to, cash 25 subsidy, respite care, and counseling services. 26 "Individual service or treatment plan" means a recorded 27 assessment of the needs of a person with a disability, a 28 description of the services recommended, the goals of each 29 type of element of service, an anticipated timetable for the 30 accomplishment of the goals, and a designation of the 31 qualified professionals responsible for the implementation of 32 the plan. 33 "Least restrictive environment" means an environment that 34 represents the least departure from the normal patterns of HB2437 Engrossed -5- LRB9204653DJmgA 1 living and that effectively meets the needs of the person 2 receiving the service. 3 Section 15. Services. In accordance with this Section 4 and the individual service or treatment plan based on a 5 comprehensive evaluation, persons with disabilities shall be 6 provided the following services under the Disabilities 7 Services Implementation Plan developed under Section 20: 8 (1) Comprehensive evaluation and diagnosis. A 9 person with a suspected disability who is applying for 10 Department-authorized disability services must receive a 11 comprehensive diagnosis and evaluation, including an 12 assessment of skills, abilities, and potential for 13 residential and work placement, adapted to his or her 14 primary language, cultural background, and ethnic origin. 15 All components of a comprehensive evaluation must be 16 administered by a qualified examiner. 17 (2) Individual service or treatment plan. A person 18 with a disability shall receive services in accordance 19 with a current individual service or treatment plan. A 20 person with a disability who is receiving services shall 21 be provided periodic reevaluation and review of the 22 individual service or treatment plan, at least annually, 23 in order to measure progress, to modify or change 24 objectives if necessary, and to provide guidance and 25 remediation techniques. 26 A person with a disability and his or her guardian 27 have the right to participate in the planning and 28 decision-making process regarding the person's individual 29 service or treatment plan and to be informed in writing, 30 or in that person's mode of communication, of progress at 31 reasonable time intervals. Each person must be given the 32 opportunity to make decisions and exercise options 33 regarding the plan, consistent with the person's HB2437 Engrossed -6- LRB9204653DJmgA 1 capabilities. Family members and other representatives of 2 the person with a disability must be allowed, encouraged, 3 and supported to participate as well, if the person with 4 a disability consents to that participation. 5 (3) Nondiscriminatory access to services. A person 6 with a disability may not be denied program services 7 because of sex, ethnic origin, marital status, ability to 8 pay (except where contrary to law), or criminal record. 9 Specific program eligibility requirements with regard to 10 disability, level of need, age, and other matters may be 11 established by the Department by rule. The Department 12 may set priorities for the provision of services and for 13 determining the need and eligibility for services in 14 accordance with available funding. 15 (4) Family or individual support. A person with a 16 disability must be provided family or individual support 17 services, or both, whenever possible and appropriate, to 18 prevent unnecessary out-of-home placement and to foster 19 independent living skills when authorized for such 20 services. 21 (5) Residential choices and options. A person with 22 a disability who requires residential placement in a 23 supervised or supported setting must be provided choices 24 among various residential options when authorized for 25 those services. The placement must be offered in the 26 most integrated setting appropriate. 27 (6) Education. A person with a disability has the 28 right to a free, appropriate public education as provided 29 in both State and federal law. Each local educational 30 agency must prepare persons with disabilities for adult 31 living. In anticipation of adulthood, each person with a 32 disability has the right to a transition plan developed 33 and ready for implementation before the person's exit by 34 no later than the school year in which the person reaches HB2437 Engrossed -7- LRB9204653DJmgA 1 age 14, consistent with the requirements of the federal 2 Individuals with Disabilities Education Act and Article 3 XIV of the School Code. 4 (7) Vocational training. A person with a 5 disability must be provided vocational training, when 6 appropriate, that contributes to the person's 7 independence and employment potential. This training 8 should include strategies and activities in programs that 9 lead to employment and reemployment in the most 10 integrated setting appropriate to the individual. 11 (8) Employment. A person with a disability has the 12 right to be employed free from discrimination, pursuant 13 to the Constitution and laws of this State. 14 (9) Service coordination. A person with a 15 disability who is receiving direct services from the 16 Department must be provided service coordination when 17 needed. 18 (10) Due process. A person with a disability 19 retains the rights of citizenship. Any person aggrieved 20 by a decision of a department regarding services 21 provided under this Act must be given an opportunity to 22 present complaints at a due process hearing before an 23 impartial hearing officer designated by the director of 24 that department. Any person aggrieved by a final 25 administrative decision rendered following the due 26 process hearing may seek judicial review of that decision 27 pursuant to the Administrative Review Law. The term 28 "administrative decision" is defined as in Section 3-101 29 of the Code of Civil Procedure. Prevailing attorney's 30 fees and costs may be awarded to the successful plaintiff 31 in any formal administrative or judicial action under 32 this Act. 33 The right to a hearing under this item (10) is in 34 addition to any other rights under federal, State, or HB2437 Engrossed -8- LRB9204653DJmgA 1 local laws. 2 Section 20. Implementation. 3 (a) The Governor, with the assistance of the Secretary 4 of Human Services, shall appoint an advisory committee to 5 develop a Disabilities Services Implementation Plan that will 6 ensure compliance by the State of Illinois with the Americans 7 with Disabilities Act and the decision in Olmstead v. L.C., 8 119 S.Ct. 2176 (1999). The advisory committee shall be 9 composed of persons with disabilities, family 10 representatives, and individuals who represent each principal 11 State agency, local government agencies, and nongovernmental 12 organizations concerned with services for persons with 13 disabilities. 14 (b) The implementation plan must include, but need not 15 be limited to, the following: 16 (1) Establishing procedures for completing 17 comprehensive evaluations, including provisions for 18 Department review and approval of need determinations. 19 The Department may utilize independent evaluators and 20 targeted or sample reviews during this review and 21 approval process, as it deems appropriate. 22 (2) Establishing procedures for the development of 23 an individual service or treatment plan for each person 24 with a disability, including provisions for Department 25 review and authorization. 26 (3) Identifying core services to be provided by 27 agencies of the State of Illinois or other agencies. 28 (4) Establishing minimum standards for 29 individualized services. 30 (5) Establishing minimum standards for residential 31 services in the least restrictive environment. 32 (6) Establishing minimum standards for vocational 33 services. HB2437 Engrossed -9- LRB9204653DJmgA 1 (7) Establishing due process hearing procedures. 2 (8) Establishing minimum standards for family 3 support services. 4 (9) Securing financial resources necessary to 5 fulfill the purposes and requirements of this Act, 6 including but not limited to obtaining approval and 7 implementing waivers or demonstrations authorized under 8 federal law. 9 (c) The Governor, with the assistance of the Secretary 10 of Human Services, is responsible for the completion of the 11 implementation plan. The Governor must submit a report to the 12 General Assembly by July 1, 2002, which must include the 13 following: 14 (1) The implementation plan. 15 (2) A description of current and planned programs 16 and services necessary to meet the requirements of the 17 individual service or treatment plans required by this 18 Act, together with the actions to be taken by the State 19 of Illinois to ensure that those plans will be 20 implemented. This description shall include a report of 21 related program and service improvements or expansions 22 implemented by the Department since the effective date of 23 this Act. 24 (3) The estimated costs of current and planned 25 programs and services to be provided under the 26 implementation plan. 27 (4) A report on the number of persons with 28 disabilities who may be eligible to receive services 29 under this Act, together with a report on the number of 30 persons who are currently receiving those services. 31 (5) Any proposed changes in State policies laws, or 32 regulations necessary to fulfill the purposes and 33 requirements of this Act. 34 (d) The Governor, with the assistance of the Secretary HB2437 Engrossed -10- LRB9204653DJmgA 1 of Human Services, shall annually update the implementation 2 plan and report changes to the General Assembly by July 1 of 3 each year. Initial implementation of the plan is required by 4 July 1, 2003. The requirement of annual updates and reports 5 expires in 2007, unless otherwise extended by the General 6 Assembly. 7 Section 25. Appropriations. Services shall be provided 8 under this Act to the extent that appropriations are made 9 available by the General Assembly for the programs and 10 services indicated in the implementation plan. 11 (405 ILCS 80/1-1 rep.) 12 (405 ILCS 80/1-2 rep.) 13 (405 ILCS 80/1-3 rep.) 14 (405 ILCS 80/1-4 rep.) 15 (405 ILCS 80/1-5 rep.) 16 Section 90. The Developmental Disability and Mental 17 Disability Services Act is amended by repealing Sections 1-1, 18 1-2, 1-3, 1-4, and 1-5 (the Developmental Disabilities 19 Services Law). 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.