Illinois 2023 2023-2024 Regular Session

Illinois Senate Bill SB1674 Engrossed / Bill

Filed 03/30/2023

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1  AN ACT concerning health.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Developmental Disability and Mental
5  Disability Services Act is amended by changing the heading of
6  Article VII-A and Section 7A-1 and by adding Sections 7A-2,
7  7A-3, and 7A-4 as follows:
8  (405 ILCS 80/Art. VII-A heading)
9  ARTICLE VII-A.  STABILIZATION SUPPORT PILOT PROGRAMS   DIVERSION
10  FROM FACILITY-BASED CARE PROGRAM
11  (Source: P.A. 100-924, eff. 7-1-19; 101-81, eff. 7-12-19.)
12  (405 ILCS 80/7A-1)
13  (Section scheduled to be repealed on January 1, 2025)
14  Sec. 7A-1. Stabilization Support Pilot Programs Diversion
15  from Facility-based Care Pilot Program.
16  (a) The purposes of this Article are to:
17  (1) decrease the number of admissions to State
18  developmental centers State-operated facilities;
19  (2) address the needs of individuals receiving Home
20  and Community Based Services (HCBS) with intellectual
21  disabilities or developmental disabilities who are at risk
22  of facility-based care due to significant behavioral

 

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1  challenges, some with a dual diagnosis of mental illness,
2  by providing a community-based residential alternative to
3  facility-based care consistent with their personal
4  individual plans, and to transition these individuals back
5  to home and community-based services programming a
6  traditional community-integrated living arrangement or
7  other HCBS community setting program;
8  (3) (blank); create greater capacity within the
9  short-term stabilization homes by allowing individuals who
10  need an extended period of treatment to transfer to a
11  long-term stabilization home;
12  (4) stabilize the existing community-integrated living
13  arrangement system homes where the presence of individuals
14  with complex behavioral challenges is disruptive to their
15  housemates; and
16  (5) add support services to enhance community service
17  providers who serve individuals with significant
18  behavioral challenges; and .
19  (6) increase the number of individuals transitioning
20  out of State developmental centers into home and
21  community-based services programming.
22  (b) (Blank). Subject to appropriation or the availability
23  of other funds for these purposes at the discretion of the
24  Department, the Department shall establish the Diversion from
25  Facility-based Care Pilot Program consisting of at least 6
26  homes in various locations in this State in accordance with

 

 

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1  this Article and the following model:
2  (1) the Diversion from Facility-based Care Model shall
3  serve individuals with intellectual disabilities or
4  developmental disabilities who are currently receiving
5  HCBS services and are at risk of facility-based care due
6  to significant behavioral challenges, some with a dual
7  diagnosis of mental illness, for a period ranging from one
8  to 2 years, or longer if appropriate for the individual;
9  (2) the Program shall be regulated in accordance with
10  the community-integrated living arrangement guidelines;
11  (3) each home shall support no more than 4 residents,
12  each having his or her own bedroom;
13  (4) if, at any point, an individual, his or her
14  guardian, or family caregivers, in conjunction with the
15  provider and clinical staff, believe the individual is
16  capable of participating in a HCBS service, those
17  opportunities shall be offered as they become available;
18  and
19  (5) providers shall have adequate resources,
20  experience, and qualifications to serve the population
21  target by the Program, as determined by the Department;
22  (6) participating Program providers and the Department
23  shall participate in an ongoing collaborative whereby best
24  practices and treatment experiences would be shared and
25  utilized;
26  (7) home locations shall be proposed by the provider

 

 

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1  in collaboration with other community stakeholders;
2  (8) The Department, in collaboration with
3  participating providers, by rule shall develop data
4  collection and reporting requirements for participating
5  community service providers. Beginning December 31, 2020
6  the Department shall submit an annual report
7  electronically to the General Assembly and Governor that
8  outlines the progress and effectiveness of the pilot
9  program. The report to the General Assembly shall be filed
10  with the Clerk of the House of Representatives and the
11  Secretary of the Senate in electronic form only, in the
12  manner that the Clerk and the Secretary shall direct;
13  (9) the staffing model shall allow for a high level of
14  community integration and engagement and family
15  involvement; and
16  (10) appropriate day services, staff training
17  priorities, and home modifications shall be incorporated
18  into the Program model, as allowed by HCBS authorization.
19  (c) (Blank). This Section is repealed on January 1, 2025.
20  (Source: P.A. 102-1109, eff. 12-21-22.)
21  (405 ILCS 80/7A-2 new)
22  Sec. 7A-2. Long-Term Stabilization Support Program.
23  (a) Subject to appropriation or the availability of other
24  funds for these purposes at the discretion of the Department,
25  the Department shall establish the Long-Term Stabilization

 

 

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1  Support Program consisting of at least 8 homes across the
2  State in accordance with this Article and the following
3  requirements:
4  (1) The Long-Term Stabilization Support Program shall
5  serve individuals with intellectual disabilities or
6  developmental disabilities who are currently receiving
7  home and community-based services and are at risk of
8  facility-based care due to significant behavioral
9  challenges and individuals transitioning out of State
10  developmental centers for a period of up to 2 years, or
11  longer if appropriate for the individual.
12  (2) The program shall be regulated by the Department
13  in accordance with the community-integrated living
14  arrangement guidelines set forth under the
15  Community-Integrated Living Arrangement Licensure and
16  Certification Act and any applicable rules or policies.
17  (3) Each home shall support no more than 4 residents,
18  each having his or her own bedroom.
19  (4) If an individual is in need of this program, it
20  must be reflected in his or her individual plan.
21  (5) The individual, in conjunction with his or her
22  guardian, if applicable, may change his or her home and
23  community-based services, including his or her
24  participation in this program. If an individual, his or
25  her guardian, if applicable, or family caregivers, in
26  conjunction with the provider and clinical staff, believe

 

 

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1  the individual is capable of participating in home and
2  community-based services, those opportunities shall be
3  offered as services become available.
4  (6) The Department shall ensure providers have
5  adequate resources, experience, and qualifications to
6  serve the population targeted by this program.
7  (7) The Department shall lead the providers in an
8  ongoing collaboration, whereby best practices and
9  treatment experiences shall be shared and utilized.
10  (8) The providers shall propose home locations in
11  collaboration with other community stakeholders.
12  (b) The Department shall submit an annual report
13  electronically to the General Assembly and Governor that
14  outlines the progress and effectiveness of this program
15  beginning December 31, 2025. The report to the General
16  Assembly shall be filed with the Clerk of the House of
17  Representatives and the Secretary of the Senate in electronic
18  form only, in the manner that the Clerk and the Secretary shall
19  direct.
20  (c) The Department shall adopt rules to develop and
21  implement this program.
22  (405 ILCS 80/7A-3 new)
23  Sec. 7A-3. Short-Term Stabilization Support Program.
24  (a) Subject to appropriation or the availability of other
25  funds for these purposes at the discretion of the Department,

 

 

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1  the Department shall establish the Short-Term Stabilization
2  Support Program consisting of at least 10 homes across the
3  State, in accordance with this Article and the following
4  requirements:
5  (1) The Short-Term Stabilization Support Program shall
6  serve individuals with intellectual disabilities or
7  developmental disabilities who are currently receiving
8  home and community-based services and are at risk of
9  facility-based care due to significant behavioral
10  challenges for a period ranging up to 90 days with an
11  option to extend if appropriate for the individual.
12  (2) The program shall be regulated by the Department
13  in accordance with the community-integrated living
14  arrangement guidelines set forth under the
15  Community-Integrated Living Arrangement Licensure and
16  Certification Act and any applicable rules or policies or
17  shall be regulated by the Department of Children and
18  Family Services in accordance with child group home
19  guidelines set forth under the Children and Family
20  Services Act and any applicable rules or policies.
21  (3) Each home shall support no more than 4 residents,
22  each having his or her own bedroom.
23  (4) If an individual is in need of this program, it
24  must be reflected in his or her individual plan.
25  (5) The individual, in conjunction with his or her
26  guardian, if applicable, may change his or her home and

 

 

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1  community-based services, including his or her
2  participation in this program. If an individual, his or
3  her guardian, if applicable, or family caregivers, in
4  conjunction with the provider and clinical staff, believe
5  the individual is capable of participating in home and
6  community-based services, those opportunities shall be
7  offered as services become available.
8  (6) The Department shall ensure providers have
9  adequate resources, experience, and qualifications to
10  serve the population targeted by this program.
11  (7) The Department shall lead the providers in an
12  ongoing collaboration, whereby best practices and
13  treatment experiences shall be shared and utilized.
14  (8) The providers shall propose home locations in
15  collaboration with other community stakeholders.
16  (b) The Department shall submit an annual report
17  electronically to the General Assembly and Governor that
18  outlines the progress and effectiveness of this program
19  beginning December 31, 2025. The report to the General
20  Assembly shall be filed with the Clerk of the House of
21  Representatives and the Secretary of the Senate in electronic
22  form only, in the manner that the Clerk and the Secretary shall
23  direct.
24  (c) The Department shall adopt rules to develop and
25  implement this program.

 

 

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1  (405 ILCS 80/7A-4 new)
2  Sec. 7A-4. Repealer. This Article is repealed January 1,
3  2028.

 

 

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