Illinois 2023 2023-2024 Regular Session

Illinois Senate Bill SB1674 Enrolled / Bill

Filed 05/19/2023

                    SB1674 EnrolledLRB103 29556 SPS 55951 b   SB1674 Enrolled  LRB103 29556 SPS 55951 b
  SB1674 Enrolled  LRB103 29556 SPS 55951 b
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13  (Section scheduled to be repealed on January 1, 2025)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

 

  SB1674 Enrolled  LRB103 29556 SPS 55951 b


SB1674 Enrolled- 2 -LRB103 29556 SPS 55951 b   SB1674 Enrolled - 2 - LRB103 29556 SPS 55951 b
  SB1674 Enrolled - 2 - LRB103 29556 SPS 55951 b
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

 

 

  SB1674 Enrolled - 2 - LRB103 29556 SPS 55951 b


SB1674 Enrolled- 3 -LRB103 29556 SPS 55951 b   SB1674 Enrolled - 3 - LRB103 29556 SPS 55951 b
  SB1674 Enrolled - 3 - LRB103 29556 SPS 55951 b
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

 

 

  SB1674 Enrolled - 3 - LRB103 29556 SPS 55951 b


SB1674 Enrolled- 4 -LRB103 29556 SPS 55951 b   SB1674 Enrolled - 4 - LRB103 29556 SPS 55951 b
  SB1674 Enrolled - 4 - LRB103 29556 SPS 55951 b
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

 

 

  SB1674 Enrolled - 4 - LRB103 29556 SPS 55951 b


SB1674 Enrolled- 5 -LRB103 29556 SPS 55951 b   SB1674 Enrolled - 5 - LRB103 29556 SPS 55951 b
  SB1674 Enrolled - 5 - LRB103 29556 SPS 55951 b
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, including requesting
25  alternate placement when the wants or needs of the
26  individual, as reflected in the individual's personal

 

 

  SB1674 Enrolled - 5 - LRB103 29556 SPS 55951 b


SB1674 Enrolled- 6 -LRB103 29556 SPS 55951 b   SB1674 Enrolled - 6 - LRB103 29556 SPS 55951 b
  SB1674 Enrolled - 6 - LRB103 29556 SPS 55951 b
1  plan, would be better served in another setting along the
2  full spectrum of care. If an individual, his or her
3  guardian, if applicable, or family caregivers, in
4  conjunction with the independent service coordination
5  agency, the provider, and clinical staff, believe the
6  individual's wants or needs, as reflected in the
7  individual's personal plan, would be better served in an
8  alternate setting along the full spectrum of care, those
9  opportunities shall be discussed as they are identified.
10  The request may be made at any point during the period
11  specified in paragraph (1) or at the conclusion of that
12  period, when assessing whether continued participation in
13  the program would be appropriate for the individual.
14  (6) The Department shall ensure providers have
15  adequate resources, experience, and qualifications to
16  serve the population targeted by this program.
17  (7) The Department shall lead the providers in an
18  ongoing collaboration, whereby best practices and
19  treatment experiences shall be shared and utilized.
20  (8) The providers shall propose home locations in
21  collaboration with other community stakeholders.
22  (b) Beginning March 31, 2025, the Department shall publish
23  quarterly reports on the following:
24  (1) the number of individuals participating in the
25  program;
26  (2) the number of individuals transitioning from the

 

 

  SB1674 Enrolled - 6 - LRB103 29556 SPS 55951 b


SB1674 Enrolled- 7 -LRB103 29556 SPS 55951 b   SB1674 Enrolled - 7 - LRB103 29556 SPS 55951 b
  SB1674 Enrolled - 7 - LRB103 29556 SPS 55951 b
1  program;
2  (3) the location where individuals transition to
3  during and after participation in the program; and
4  (4) the length of time individuals are participating
5  in the program.
6  The report to the General Assembly shall be filed with the
7  Clerk of the House of Representatives and the Secretary of the
8  Senate in electronic form, in the manner that the Clerk and the
9  Secretary shall direct.
10  (c) The Department shall adopt rules to develop and
11  implement this program.
12  (405 ILCS 80/7A-3 new)
13  Sec. 7A-3. Short-Term Stabilization Support Program.
14  (a) Subject to appropriation or the availability of other
15  funds for these purposes at the discretion of the Department,
16  the Department shall establish the Short-Term Stabilization
17  Support Program consisting of at least 10 homes across the
18  State, in accordance with this Article and the following
19  requirements:
20  (1) The Short-Term Stabilization Support Program shall
21  serve individuals with intellectual disabilities or
22  developmental disabilities who are currently receiving
23  home and community-based services and are at risk of
24  facility-based care due to significant behavioral
25  challenges for a period ranging up to 90 days with an

 

 

  SB1674 Enrolled - 7 - LRB103 29556 SPS 55951 b


SB1674 Enrolled- 8 -LRB103 29556 SPS 55951 b   SB1674 Enrolled - 8 - LRB103 29556 SPS 55951 b
  SB1674 Enrolled - 8 - LRB103 29556 SPS 55951 b
1  option to extend if appropriate for the individual.
2  (2) The program shall be regulated by the Department
3  in accordance with the community-integrated living
4  arrangement guidelines set forth under the
5  Community-Integrated Living Arrangement Licensure and
6  Certification Act and any applicable rules or policies or
7  shall be regulated by the Department of Children and
8  Family Services in accordance with child group home
9  guidelines set forth under the Children and Family
10  Services Act and any applicable rules or policies.
11  (3) Each home shall support no more than 4 residents,
12  each having his or her own bedroom.
13  (4) If an individual is in need of this program, it
14  must be reflected in his or her individual plan.
15  (5) The individual, in conjunction with his or her
16  guardian, if applicable, may change his or her home and
17  community-based services, including his or her
18  participation in this program, including requesting
19  alternate placement when the wants or needs of the
20  individual, as reflected in the individual's personal
21  plan, would be better served in another setting along the
22  full spectrum of care. If an individual, his or her
23  guardian, if applicable, or family caregivers, in
24  conjunction with the independent service coordination
25  agency, the provider, and clinical staff, believe the
26  individual's wants or needs, as reflected in the

 

 

  SB1674 Enrolled - 8 - LRB103 29556 SPS 55951 b


SB1674 Enrolled- 9 -LRB103 29556 SPS 55951 b   SB1674 Enrolled - 9 - LRB103 29556 SPS 55951 b
  SB1674 Enrolled - 9 - LRB103 29556 SPS 55951 b
1  individual's personal plan, would be better served in an
2  alternate setting along the full spectrum of care, those
3  opportunities shall be discussed as they are identified.
4  The request may be made at any point during the period
5  specified in paragraph (1) or at the conclusion of that
6  period, when assessing whether continued participation in
7  the program would be appropriate for the individual.
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) Beginning March 31, 2025, the Department shall publish
17  quarterly reports on the following:
18  (1) the number of individuals participating in the
19  program;
20  (2) the number of individuals transitioning from the
21  program;
22  (3) the location where individuals transition to
23  during and after participation in the program; and
24  (4) the length of time individuals are participating
25  in the program.
26  The report to the General Assembly shall be filed with the

 

 

  SB1674 Enrolled - 9 - LRB103 29556 SPS 55951 b


SB1674 Enrolled- 10 -LRB103 29556 SPS 55951 b   SB1674 Enrolled - 10 - LRB103 29556 SPS 55951 b
  SB1674 Enrolled - 10 - LRB103 29556 SPS 55951 b
1  Clerk of the House of Representatives and the Secretary of the
2  Senate in electronic form, in the manner that the Clerk and the
3  Secretary shall direct.
4  (c) The Department shall adopt rules to develop and
5  implement this program.
6  (405 ILCS 80/7A-4 new)
7  Sec. 7A-4. Repealer. This Article is repealed January 1,
8  2028.

 

 

  SB1674 Enrolled - 10 - LRB103 29556 SPS 55951 b