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92_HB4183eng HB4183 Engrossed LRB9214401DJgc 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 5. The Community Services Act is amended by 5 adding Sections 4.4 and 4.5 as follows: 6 (405 ILCS 30/4.4 new) 7 Sec. 4.4. Funding reinvestment. 8 (a) The purposes of this Section are as follows: 9 (1) The General Assembly recognizes that the United 10 States Supreme Court in Olmstead v. L.C. ex Rel. Zimring, 11 119 S. Ct. 2176 (1999), affirmed that the unjustifiable 12 institutionalization of a person with a disability who 13 could live in the community with proper support, and 14 wishes to do so, is unlawful discrimination in violation 15 of the Americans with Disabilities Act (ADA). The State 16 of Illinois, along with all other states, is required to 17 provide appropriate residential and community-based 18 support services to persons with disabilities who wish to 19 live in a less restrictive setting. 20 (2) It is the purpose of this Section to help 21 fulfill the State's obligations under the Olmstead 22 decision by maximizing the level of funds for both 23 developmental disability and mental health services and 24 supports in order to maintain and create an array of 25 residential and supportive services for people with 26 mental health needs and developmental disabilities 27 whenever they are transferred into another facility or a 28 community-based setting. 29 (b) In this Section: 30 "Office of Developmental Disabilities" means the Office 31 of Developmental Disabilities within the Department of Human HB4183 Engrossed -2- LRB9214401DJgc 1 Services. 2 "Office of Mental Health" means the Office of Mental 3 Health within the Department of Human Services. 4 (c) On and after the effective date of this amendatory 5 Act of the 92nd General Assembly, every appropriation of 6 State moneys relating to funding for the Office of 7 Developmental Disabilities or the Office of Mental Health 8 must comply with this Section. 9 (d) Whenever any appropriation, or any portion of an 10 appropriation, for any fiscal year relating to the funding of 11 any State-operated facility operated by the Office of 12 Developmental Disabilities or any mental health facility 13 operated by the Office of Mental Health is reduced because of 14 any of the reasons set forth in the following items (1) 15 through (3), to the extent that savings are realized from 16 these items, those moneys must be directed toward providing 17 other services and supports for persons with developmental 18 disabilities or mental health needs: 19 (1) The closing of any such State-operated facility 20 for the developmentally disabled or mental health 21 facility. 22 (2) Reduction in the number of available beds in 23 any such State-operated facility for the developmentally 24 disabled or mental health facility. 25 (3) Reduction in the number of staff employed in 26 any such State-operated facility for the developmentally 27 disabled or mental health facility. 28 (e) The purposes of redirecting this funding shall 29 include, but not be limited to, providing the following 30 services and supports for individuals with developmental 31 disabilities and mental health needs: 32 (1) Residence in the most integrated setting 33 possible, whether independent living in a private 34 residence, a Community Integrated Living Arrangement HB4183 Engrossed -3- LRB9214401DJgc 1 (CILA), a supported residential program, an Intermediate 2 Care Facility for persons with Developmental Disabilities 3 (ICFDD), a supervised residential program, or supportive 4 housing, as appropriate. 5 (2) Rehabilitation and support services, including 6 assertive community treatment, case management, 7 supportive and supervised day treatment, and psychosocial 8 rehabilitation. 9 (3) Vocational or developmental training, as 10 appropriate, that contributes to the person's 11 independence and employment potential. 12 (4) Employment or supported employment, as 13 appropriate, free from discrimination pursuant to the 14 Constitution and laws of this State. 15 (5) In-home family supports, such as respite 16 services and client and family supports. 17 (6) Periodic reevaluation, as needed. 18 (f) An appropriation may not circumvent the purposes of 19 this Section by transferring moneys within the funding system 20 for services and supports for the developmentally disabled 21 and mentally ill and then compensating for this transfer by 22 redirecting other moneys away from these services to provide 23 funding for some other governmental purpose or to relieve 24 other State funding expenditures. 25 (405 ILCS 30/4.5 new) 26 Sec. 4.5. Funding Reinvestment Advisory Task Force. 27 (a) The Governor, in coordination with the Secretary of 28 Human Services, shall appoint a task force to assist the 29 Department of Human Services in implementing Section 4.4. The 30 task force shall consist of the following members: 31 (1) One Representative recommended by the Speaker 32 of the House of Representatives. 33 (2) One Representative recommended by the Minority HB4183 Engrossed -4- LRB9214401DJgc 1 Leader of the House of Representatives. 2 (3) One Senator recommended by the President of the 3 Senate. 4 (4) One Senator recommended by the Minority Leader 5 of the Senate. 6 (5) One representative from the Office of 7 Developmental Disabilities within the Department of Human 8 Services. 9 (6) One representative from the Office of Mental 10 Health within the Department of Human Services. 11 (7) One representative from the Office of 12 Rehabilitation Services within the Department of Human 13 Services. 14 (8) One representative from the Department of 15 Public Aid. 16 (9) One community-based provider for individuals 17 with developmental disabilities. 18 (10) One community-based recreational provider for 19 individuals with developmental disabilities. 20 (11) One community-based provider for individuals 21 with mental health needs. 22 (12) One member representing entities that provide 23 funding for mental health services. 24 (13) Three members representing the advocate 25 community for the developmentally disabled. 26 (14) Three members representing the advocate 27 community for the mentally ill. 28 (b) In addition to assisting the Department in 29 implementing Section 4.4, the task force shall also assist 30 in, but not be limited to, the following: 31 (1) Quantifying the amount of money appropriated by 32 the legislature for expenditures relating to care for a 33 person in a State-operated facility for persons with 34 developmental disabilities or a mental health facility. HB4183 Engrossed -5- LRB9214401DJgc 1 (2) Quantifying the amount of money appropriated by 2 the legislature for expenditures relating to care for a 3 person in a community-based setting. 4 (3) Identifying ways in which funding may be 5 redirected in total or in part to alternative services 6 and supports an individual transferring out of an 7 institution may be seeking. 8 (4) Identifying other state models and practices 9 that allow money to follow the individual throughout the 10 system of services and supports for individuals with 11 developmental disabilities and mental health needs. 12 (5) Identifying ways in which the Department can 13 maximize Medicaid funding and capture more federal 14 financial participation (FFP) for the purpose of 15 expanding developmental disability and mental health 16 services and supports. 17 (c) The task force shall be established no later than 18 June 1, 2002 and shall submit a written report of its 19 findings to the General Assembly and the Office of the 20 Governor no later than January 1, 2003. 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.