Illinois 2025-2026 Regular Session

Illinois House Bill HB2541 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2541 Introduced , by Rep. Nicole La Ha SYNOPSIS AS INTRODUCED: 5 ILCS 70/1.4220 ILCS 1705/3.5 new405 ILCS 5/1-106 from Ch. 91 1/2, par. 1-106405 ILCS 80/2-3 from Ch. 91 1/2, par. 1802-3 Amends the Mental Health and Developmental Disabilities Code. Expands the definition of "developmental disability" to include a disability attributable to Prader-Willi syndrome. Amends the Developmental Disability and Mental Disability Services Act. Expands the definition of "severe and multiple impairments" to include a substantial disability attributable to Prader-Willi syndrome. Exempts persons diagnosed with Prader-Willi syndrome from any assessment or evaluation to measure cognitive functioning or IQ for purposes of making determinations on whether such persons have severe and multiple impairments eligible for home-based and community-based services. Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services to include Prader-Willi syndrome as a developmental disability in any rule defining the term "developmental disability" and in any rule listing specific medical conditions or disabilities eligible for developmental disability services provided by the Department. Amends the Statute on Statutes. Provides that, except where the context indicates otherwise: (i) in any rule, contract, or other document the term "developmental disability" shall include a disability attributable to Prader-Willi syndrome; and (ii) whenever there is a reference in any Act to "development disability" the term shall be construed to include a disability attributable to Prader-Willi syndrome. LRB104 08083 KTG 18129 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2541 Introduced , by Rep. Nicole La Ha SYNOPSIS AS INTRODUCED: 5 ILCS 70/1.4220 ILCS 1705/3.5 new405 ILCS 5/1-106 from Ch. 91 1/2, par. 1-106405 ILCS 80/2-3 from Ch. 91 1/2, par. 1802-3 5 ILCS 70/1.42 20 ILCS 1705/3.5 new 405 ILCS 5/1-106 from Ch. 91 1/2, par. 1-106 405 ILCS 80/2-3 from Ch. 91 1/2, par. 1802-3 Amends the Mental Health and Developmental Disabilities Code. Expands the definition of "developmental disability" to include a disability attributable to Prader-Willi syndrome. Amends the Developmental Disability and Mental Disability Services Act. Expands the definition of "severe and multiple impairments" to include a substantial disability attributable to Prader-Willi syndrome. Exempts persons diagnosed with Prader-Willi syndrome from any assessment or evaluation to measure cognitive functioning or IQ for purposes of making determinations on whether such persons have severe and multiple impairments eligible for home-based and community-based services. Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services to include Prader-Willi syndrome as a developmental disability in any rule defining the term "developmental disability" and in any rule listing specific medical conditions or disabilities eligible for developmental disability services provided by the Department. Amends the Statute on Statutes. Provides that, except where the context indicates otherwise: (i) in any rule, contract, or other document the term "developmental disability" shall include a disability attributable to Prader-Willi syndrome; and (ii) whenever there is a reference in any Act to "development disability" the term shall be construed to include a disability attributable to Prader-Willi syndrome. LRB104 08083 KTG 18129 b LRB104 08083 KTG 18129 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2541 Introduced , by Rep. Nicole La Ha SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 70/1.4220 ILCS 1705/3.5 new405 ILCS 5/1-106 from Ch. 91 1/2, par. 1-106405 ILCS 80/2-3 from Ch. 91 1/2, par. 1802-3 5 ILCS 70/1.42 20 ILCS 1705/3.5 new 405 ILCS 5/1-106 from Ch. 91 1/2, par. 1-106 405 ILCS 80/2-3 from Ch. 91 1/2, par. 1802-3
4	4	5 ILCS 70/1.42
5	5	20 ILCS 1705/3.5 new
6	6	405 ILCS 5/1-106 from Ch. 91 1/2, par. 1-106
7	7	405 ILCS 80/2-3 from Ch. 91 1/2, par. 1802-3
8	8	Amends the Mental Health and Developmental Disabilities Code. Expands the definition of "developmental disability" to include a disability attributable to Prader-Willi syndrome. Amends the Developmental Disability and Mental Disability Services Act. Expands the definition of "severe and multiple impairments" to include a substantial disability attributable to Prader-Willi syndrome. Exempts persons diagnosed with Prader-Willi syndrome from any assessment or evaluation to measure cognitive functioning or IQ for purposes of making determinations on whether such persons have severe and multiple impairments eligible for home-based and community-based services. Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services to include Prader-Willi syndrome as a developmental disability in any rule defining the term "developmental disability" and in any rule listing specific medical conditions or disabilities eligible for developmental disability services provided by the Department. Amends the Statute on Statutes. Provides that, except where the context indicates otherwise: (i) in any rule, contract, or other document the term "developmental disability" shall include a disability attributable to Prader-Willi syndrome; and (ii) whenever there is a reference in any Act to "development disability" the term shall be construed to include a disability attributable to Prader-Willi syndrome.
9	9	LRB104 08083 KTG 18129 b LRB104 08083 KTG 18129 b
10	10	LRB104 08083 KTG 18129 b
11	11	A BILL FOR
12	12	HB2541LRB104 08083 KTG 18129 b HB2541 LRB104 08083 KTG 18129 b
13	13	HB2541 LRB104 08083 KTG 18129 b
14	14	1 AN ACT concerning mental health.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Statute on Statutes is amended by changing
18	18	5 Section 1.42 as follows:
19	19	6 (5 ILCS 70/1.42)
20	20	7 Sec. 1.42. Developmental disability.
21	21	8 (a) Except where the context indicates otherwise, in any
22	22	9 rule, contract, or other document a reference to a
23	23	10 developmentally disabled person or a similar reference shall
24	24	11 be considered a reference to a person with a developmental
25	25	12 disability and a reference to the developmentally disabled or
26	26	13 a similar reference shall be considered a reference to persons
27	27	14 with developmental disabilities.
28	28	15 (b) Except where the context indicates otherwise, in any
29	29	16 rule, contract, or other document the term "developmental
30	30	17 disability" shall include a disability attributable to
31	31	18 Prader-Willi syndrome.
32	32	19 (c) Except where the context indicates otherwise, whenever
33	33	20 there is a reference in any Act to "development disability"
34	34	21 this term shall be construed to include a disability
35	35	22 attributable to Prader-Willi syndrome.
36	36	23 (d) The use of either "developmentally disabled" or
37	37
38	38
39	39
40	40	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2541 Introduced , by Rep. Nicole La Ha SYNOPSIS AS INTRODUCED:
41	41	5 ILCS 70/1.4220 ILCS 1705/3.5 new405 ILCS 5/1-106 from Ch. 91 1/2, par. 1-106405 ILCS 80/2-3 from Ch. 91 1/2, par. 1802-3 5 ILCS 70/1.42 20 ILCS 1705/3.5 new 405 ILCS 5/1-106 from Ch. 91 1/2, par. 1-106 405 ILCS 80/2-3 from Ch. 91 1/2, par. 1802-3
42	42	5 ILCS 70/1.42
43	43	20 ILCS 1705/3.5 new
44	44	405 ILCS 5/1-106 from Ch. 91 1/2, par. 1-106
45	45	405 ILCS 80/2-3 from Ch. 91 1/2, par. 1802-3
46	46	Amends the Mental Health and Developmental Disabilities Code. Expands the definition of "developmental disability" to include a disability attributable to Prader-Willi syndrome. Amends the Developmental Disability and Mental Disability Services Act. Expands the definition of "severe and multiple impairments" to include a substantial disability attributable to Prader-Willi syndrome. Exempts persons diagnosed with Prader-Willi syndrome from any assessment or evaluation to measure cognitive functioning or IQ for purposes of making determinations on whether such persons have severe and multiple impairments eligible for home-based and community-based services. Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services to include Prader-Willi syndrome as a developmental disability in any rule defining the term "developmental disability" and in any rule listing specific medical conditions or disabilities eligible for developmental disability services provided by the Department. Amends the Statute on Statutes. Provides that, except where the context indicates otherwise: (i) in any rule, contract, or other document the term "developmental disability" shall include a disability attributable to Prader-Willi syndrome; and (ii) whenever there is a reference in any Act to "development disability" the term shall be construed to include a disability attributable to Prader-Willi syndrome.
47	47	LRB104 08083 KTG 18129 b LRB104 08083 KTG 18129 b
48	48	LRB104 08083 KTG 18129 b
49	49	A BILL FOR
50	50
51	51
52	52
53	53
54	54
55	55	5 ILCS 70/1.42
56	56	20 ILCS 1705/3.5 new
57	57	405 ILCS 5/1-106 from Ch. 91 1/2, par. 1-106
58	58	405 ILCS 80/2-3 from Ch. 91 1/2, par. 1802-3
59	59
60	60
61	61
62	62	LRB104 08083 KTG 18129 b
63	63
64	64
65	65
66	66
67	67
68	68
69	69
70	70
71	71
72	72	HB2541 LRB104 08083 KTG 18129 b
73	73
74	74
75	75	HB2541- 2 -LRB104 08083 KTG 18129 b HB2541 - 2 - LRB104 08083 KTG 18129 b
76	76	HB2541 - 2 - LRB104 08083 KTG 18129 b
77	77	1 "developmental disability" or "the developmentally disabled"
78	78	2 or "persons with developmental disabilities" shall not
79	79	3 invalidate any rule, contract, or other document.
80	80	4 (Source: P.A. 99-143, eff. 7-27-15.)
81	81	5 Section 10. The Mental Health and Developmental
82	82	6 Disabilities Administrative Act is amended by adding Section
83	83	7 3.5 as follows:
84	84	8 (20 ILCS 1705/3.5 new)
85	85	9 Sec. 3.5. Prader-Willi syndrome. The Department shall
86	86	10 include Prader-Willi syndrome as a developmental disability in
87	87	11 any rule defining the term "developmental disability" and in
88	88	12 any rule listing specific medical conditions or disabilities
89	89	13 eligible for developmental disability services provided by the
90	90	14 Department.
91	91	15 Section 15. The Mental Health and Developmental
92	92	16 Disabilities Code is amended by changing Section 1-106 as
93	93	17 follows:
94	94	18 (405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)
95	95	19 Sec. 1-106. "Developmental disability" means a severe,
96	96	20 chronic disability, other than mental illness, found to be
97	97	21 closely related to an intellectual disability because this
98	98	22 condition results in impairment of general intellectual
99	99
100	100
101	101
102	102
103	103
104	104	HB2541 - 2 - LRB104 08083 KTG 18129 b
105	105
106	106
107	107	HB2541- 3 -LRB104 08083 KTG 18129 b HB2541 - 3 - LRB104 08083 KTG 18129 b
108	108	HB2541 - 3 - LRB104 08083 KTG 18129 b
109	109	1 functioning or adaptive behavior similar to that of persons
110	110	2 with ID, and requires services similar to those required for a
111	111	3 person with an intellectual disability. In addition, a
112	112	4 developmental disability: (1) is manifested before the
113	113	5 individual reaches 22 years of age; (2) is likely to continue
114	114	6 indefinitely; (3) results in substantial functional
115	115	7 limitations in three or more of the following areas of major
116	116	8 life activity: self-care, receptive and expressive language,
117	117	9 learning, mobility, self-direction, capacity for independent
118	118	10 living, or economic self-sufficiency; and (4) reflects the
119	119	11 individual's need for a combination and sequence of special
120	120	12 interdisciplinary or generic services, individualized
121	121	13 supports, or other forms of assistance that are of lifelong or
122	122	14 extended duration and are individually planned and
123	123	15 coordinated. "Developmental disability" includes a disability
124	124	16 attributable to Prader-Willi syndrome. This definition does
125	125	17 not supersede the "developmental disability" definition in
126	126	18 Section 1.1 of the Firearm Owners Identification Card Act
127	127	19 which is required to be applied under that Act for the purpose
128	128	20 of mandatory reporting.
129	129	21 (Source: P.A. 102-972, eff. 1-1-23.)
130	130	22 Section 20. The Developmental Disability and Mental
131	131	23 Disability Services Act is amended by changing Section 2-3 as
132	132	24 follows:
133	133
134	134
135	135
136	136
137	137
138	138	HB2541 - 3 - LRB104 08083 KTG 18129 b
139	139
140	140
141	141	HB2541- 4 -LRB104 08083 KTG 18129 b HB2541 - 4 - LRB104 08083 KTG 18129 b
142	142	HB2541 - 4 - LRB104 08083 KTG 18129 b
143	143	1 (405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)
144	144	2 Sec. 2-3. As used in this Article, unless the context
145	145	3 requires otherwise:
146	146	4 (a) "Agency" means an agency or entity licensed by the
147	147	5 Department pursuant to this Article or pursuant to the
148	148	6 Community Residential Alternatives Licensing Act.
149	149	7 (b) "Department" means the Department of Human Services,
150	150	8 as successor to the Department of Mental Health and
151	151	9 Developmental Disabilities.
152	152	10 (c) "Home-based services" means services provided to an
153	153	11 adult with a mental disability who lives in his or her own
154	154	12 home. These services include but are not limited to:
155	155	13 (1) home health services;
156	156	14 (2) case management;
157	157	15 (3) crisis management;
158	158	16 (4) training and assistance in self-care;
159	159	17 (5) personal care services;
160	160	18 (6) habilitation and rehabilitation services;
161	161	19 (7) employment-related services;
162	162	20 (8) respite care; and
163	163	21 (9) other skill training that enables a person to
164	164	22 become self-supporting.
165	165	23 (d) "Legal guardian" means a person appointed by a court
166	166	24 of competent jurisdiction to exercise certain powers on behalf
167	167	25 of an adult with a mental disability.
168	168	26 (e) "Adult with a mental disability" means a person over
169	169
170	170
171	171
172	172
173	173
174	174	HB2541 - 4 - LRB104 08083 KTG 18129 b
175	175
176	176
177	177	HB2541- 5 -LRB104 08083 KTG 18129 b HB2541 - 5 - LRB104 08083 KTG 18129 b
178	178	HB2541 - 5 - LRB104 08083 KTG 18129 b
179	179	1 the age of 18 years who lives in his or her own home; who needs
180	180	2 home-based services, but does not require 24-hour-a-day
181	181	3 supervision; and who has one of the following conditions:
182	182	4 severe autism, severe mental illness, a severe or profound
183	183	5 intellectual disability, or severe and multiple impairments.
184	184	6 (f) In one's "own home" means that an adult with a mental
185	185	7 disability lives alone; or that an adult with a mental
186	186	8 disability is in full-time residence with his or her parents,
187	187	9 legal guardian, or other relatives; or that an adult with a
188	188	10 mental disability is in full-time residence in a setting not
189	189	11 subject to licensure under the Nursing Home Care Act, the
190	190	12 Specialized Mental Health Rehabilitation Act of 2013, the
191	191	13 ID/DD Community Care Act, the MC/DD Act, or the Child Care Act
192	192	14 of 1969, as now or hereafter amended, with 3 or fewer other
193	193	15 adults unrelated to the adult with a mental disability who do
194	194	16 not provide home-based services to the adult with a mental
195	195	17 disability.
196	196	18 (g) "Parent" means the biological or adoptive parent of an
197	197	19 adult with a mental disability, or a person licensed as a
198	198	20 foster parent under the laws of this State who acts as a foster
199	199	21 parent to an adult with a mental disability.
200	200	22 (h) "Relative" means any of the following relationships by
201	201	23 blood, marriage or adoption: parent, son, daughter, brother,
202	202	24 sister, grandparent, uncle, aunt, nephew, niece, great
203	203	25 grandparent, great uncle, great aunt, stepbrother, stepsister,
204	204	26 stepson, stepdaughter, stepparent or first cousin.
205	205
206	206
207	207
208	208
209	209
210	210	HB2541 - 5 - LRB104 08083 KTG 18129 b
211	211
212	212
213	213	HB2541- 6 -LRB104 08083 KTG 18129 b HB2541 - 6 - LRB104 08083 KTG 18129 b
214	214	HB2541 - 6 - LRB104 08083 KTG 18129 b
215	215	1 (i) "Severe autism" means a lifelong developmental
216	216	2 disability which is typically manifested before 30 months of
217	217	3 age and is characterized by severe disturbances in reciprocal
218	218	4 social interactions; verbal and nonverbal communication and
219	219	5 imaginative activity; and repertoire of activities and
220	220	6 interests. A person shall be determined severely autistic, for
221	221	7 purposes of this Article, if both of the following are
222	222	8 present:
223	223	9 (1) Diagnosis consistent with the criteria for
224	224	10 autistic disorder in the current edition of the Diagnostic
225	225	11 and Statistical Manual of Mental Disorders.
226	226	12 (2) Severe disturbances in reciprocal social
227	227	13 interactions; verbal and nonverbal communication and
228	228	14 imaginative activity; repertoire of activities and
229	229	15 interests. A determination of severe autism shall be based
230	230	16 upon a comprehensive, documented assessment with an
231	231	17 evaluation by a licensed clinical psychologist or
232	232	18 psychiatrist. A determination of severe autism shall not
233	233	19 be based solely on behaviors relating to environmental,
234	234	20 cultural or economic differences.
235	235	21 (j) "Severe mental illness" means the manifestation of all
236	236	22 of the following characteristics:
237	237	23 (1) A primary diagnosis of one of the major mental
238	238	24 disorders in the current edition of the Diagnostic and
239	239	25 Statistical Manual of Mental Disorders listed below:
240	240	26 (A) Schizophrenia disorder.
241	241
242	242
243	243
244	244
245	245
246	246	HB2541 - 6 - LRB104 08083 KTG 18129 b
247	247
248	248
249	249	HB2541- 7 -LRB104 08083 KTG 18129 b HB2541 - 7 - LRB104 08083 KTG 18129 b
250	250	HB2541 - 7 - LRB104 08083 KTG 18129 b
251	251	1 (B) Delusional disorder.
252	252	2 (C) Schizo-affective disorder.
253	253	3 (D) Bipolar affective disorder.
254	254	4 (E) Atypical psychosis.
255	255	5 (F) Major depression, recurrent.
256	256	6 (2) The individual's mental illness must substantially
257	257	7 impair his or her functioning in at least 2 of the
258	258	8 following areas:
259	259	9 (A) Self-maintenance.
260	260	10 (B) Social functioning.
261	261	11 (C) Activities of community living.
262	262	12 (D) Work skills.
263	263	13 (3) Disability must be present or expected to be
264	264	14 present for at least one year.
265	265	15 A determination of severe mental illness shall be based
266	266	16 upon a comprehensive, documented assessment with an evaluation
267	267	17 by a licensed clinical psychologist or psychiatrist, and shall
268	268	18 not be based solely on behaviors relating to environmental,
269	269	19 cultural or economic differences.
270	270	20 (k) "Severe or profound intellectual disability" means a
271	271	21 manifestation of all of the following characteristics:
272	272	22 (1) A diagnosis which meets Classification in Mental
273	273	23 Retardation or criteria in the current edition of the
274	274	24 Diagnostic and Statistical Manual of Mental Disorders for
275	275	25 severe or profound mental retardation (an IQ of 40 or
276	276	26 below). This must be measured by a standardized instrument
277	277
278	278
279	279
280	280
281	281
282	282	HB2541 - 7 - LRB104 08083 KTG 18129 b
283	283
284	284
285	285	HB2541- 8 -LRB104 08083 KTG 18129 b HB2541 - 8 - LRB104 08083 KTG 18129 b
286	286	HB2541 - 8 - LRB104 08083 KTG 18129 b
287	287	1 for general intellectual functioning.
288	288	2 (2) A severe or profound level of disturbed adaptive
289	289	3 behavior. This must be measured by a standardized adaptive
290	290	4 behavior scale or informal appraisal by the professional
291	291	5 in keeping with illustrations in Classification in Mental
292	292	6 Retardation, 1983.
293	293	7 (3) Disability diagnosed before age of 18.
294	294	8 A determination of a severe or profound intellectual
295	295	9 disability shall be based upon a comprehensive, documented
296	296	10 assessment with an evaluation by a licensed clinical
297	297	11 psychologist or certified school psychologist or a
298	298	12 psychiatrist, and shall not be based solely on behaviors
299	299	13 relating to environmental, cultural or economic differences.
300	300	14 (l) "Severe and multiple impairments" means the
301	301	15 manifestation of all of the following characteristics:
302	302	16 (1) The evaluation determines the presence of a
303	303	17 developmental disability which is expected to continue
304	304	18 indefinitely, constitutes a substantial disability and is
305	305	19 attributable to any of the following:
306	306	20 (A) Intellectual disability as defined in Section
307	307	21 1-116 of the Mental Health and Developmental
308	308	22 Disabilities Code.
309	309	23 (B) Cerebral palsy.
310	310	24 (C) Epilepsy.
311	311	25 (D) Autism.
312	312	26 (E) Prader-Willi syndrome.
313	313
314	314
315	315
316	316
317	317
318	318	HB2541 - 8 - LRB104 08083 KTG 18129 b
319	319
320	320
321	321	HB2541- 9 -LRB104 08083 KTG 18129 b HB2541 - 9 - LRB104 08083 KTG 18129 b
322	322	HB2541 - 9 - LRB104 08083 KTG 18129 b
323	323	1 (F) (E) Any other condition which results in
324	324	2 impairment similar to that caused by an intellectual
325	325	3 disability and which requires services similar to
326	326	4 those required by persons with intellectual
327	327	5 disabilities.
328	328	6 (2) Except as otherwise provided for persons diagnosed
329	329	7 with Prader-Willi syndrome, the The evaluation determines
330	330	8 multiple disabilities in physical, sensory, behavioral or
331	331	9 cognitive functioning which constitute a severe or
332	332	10 profound impairment attributable to one or more of the
333	333	11 following:
334	334	12 (A) Physical functioning, which severely impairs
335	335	13 the individual's motor performance that may be due to:
336	336	14 (i) Neurological, psychological or physical
337	337	15 involvement resulting in a variety of disabling
338	338	16 conditions such as hemiplegia, quadriplegia or
339	339	17 ataxia,
340	340	18 (ii) Severe organ systems involvement such as
341	341	19 congenital heart defect,
342	342	20 (iii) Physical abnormalities resulting in the
343	343	21 individual being non-mobile and non-ambulatory or
344	344	22 confined to bed and receiving assistance in
345	345	23 transferring, or
346	346	24 (iv) The need for regular medical or nursing
347	347	25 supervision such as gastrostomy care and feeding.
348	348	26 Assessment of physical functioning must be based
349	349
350	350
351	351
352	352
353	353
354	354	HB2541 - 9 - LRB104 08083 KTG 18129 b
355	355
356	356
357	357	HB2541- 10 -LRB104 08083 KTG 18129 b HB2541 - 10 - LRB104 08083 KTG 18129 b
358	358	HB2541 - 10 - LRB104 08083 KTG 18129 b
359	359	1 on clinical medical assessment by a physician licensed
360	360	2 to practice medicine in all its branches, using the
361	361	3 appropriate instruments, techniques and standards of
362	362	4 measurement required by the professional.
363	363	5 (B) Sensory, which involves severe restriction due
364	364	6 to hearing or visual impairment limiting the
365	365	7 individual's movement and creating dependence in
366	366	8 completing most daily activities. Hearing impairment
367	367	9 is defined as a loss of 70 decibels aided or speech
368	368	10 discrimination of less than 50% aided. Visual
369	369	11 impairment is defined as 20/200 corrected in the
370	370	12 better eye or a visual field of 20 degrees or less.
371	371	13 Sensory functioning must be based on clinical medical
372	372	14 assessment by a physician licensed to practice
373	373	15 medicine in all its branches using the appropriate
374	374	16 instruments, techniques and standards of measurement
375	375	17 required by the professional.
376	376	18 (C) Behavioral, which involves behavior that is
377	377	19 maladaptive and presents a danger to self or others,
378	378	20 is destructive to property by deliberately breaking,
379	379	21 destroying or defacing objects, is disruptive by
380	380	22 fighting, or has other socially offensive behaviors in
381	381	23 sufficient frequency or severity to seriously limit
382	382	24 social integration. Assessment of behavioral
383	383	25 functioning may be measured by a standardized scale or
384	384	26 informal appraisal by a clinical psychologist or
385	385
386	386
387	387
388	388
389	389
390	390	HB2541 - 10 - LRB104 08083 KTG 18129 b
391	391
392	392
393	393	HB2541- 11 -LRB104 08083 KTG 18129 b HB2541 - 11 - LRB104 08083 KTG 18129 b
394	394	HB2541 - 11 - LRB104 08083 KTG 18129 b
395	395	1 psychiatrist.
396	396	2 (D) Cognitive, which involves intellectual
397	397	3 functioning at a measured IQ of 70 or below.
398	398	4 Assessment of cognitive functioning must be measured
399	399	5 by a standardized instrument for general intelligence.
400	400	6 Persons diagnosed with Prader-Willi syndrome are
401	401	7 exempt from any assessment or evaluation to measure
402	402	8 cognitive functioning or IQ for purposes of making a
403	403	9 determination of severe and multiple impairments.
404	404	10 (3) Except as otherwise provided for persons diagnosed
405	405	11 with Prader-Willi syndrome, the The evaluation determines
406	406	12 that development is substantially less than expected for
407	407	13 the age in cognitive, affective or psychomotor behavior as
408	408	14 follows:
409	409	15 (A) Cognitive, which involves intellectual
410	410	16 functioning at a measured IQ of 70 or below.
411	411	17 Assessment of cognitive functioning must be measured
412	412	18 by a standardized instrument for general intelligence.
413	413	19 Persons diagnosed with Prader-Willi syndrome are
414	414	20 exempt from any assessment or evaluation to measure
415	415	21 cognitive functioning or IQ for purposes of making a
416	416	22 determination on whether such persons have severe and
417	417	23 multiple impairments.
418	418	24 (B) Affective behavior, which involves over and
419	419	25 under responding to stimuli in the environment and may
420	420	26 be observed in mood, attention to awareness, or in
421	421
422	422
423	423
424	424
425	425
426	426	HB2541 - 11 - LRB104 08083 KTG 18129 b
427	427
428	428
429	429	HB2541- 12 -LRB104 08083 KTG 18129 b HB2541 - 12 - LRB104 08083 KTG 18129 b
430	430	HB2541 - 12 - LRB104 08083 KTG 18129 b
431	431	1 behaviors such as euphoria, anger or sadness that
432	432	2 seriously limit integration into society. Affective
433	433	3 behavior must be based on clinical assessment using
434	434	4 the appropriate instruments, techniques and standards
435	435	5 of measurement required by the professional.
436	436	6 (C) Psychomotor, which includes a severe
437	437	7 developmental delay in fine or gross motor skills so
438	438	8 that development in self-care, social interaction,
439	439	9 communication or physical activity will be greatly
440	440	10 delayed or restricted.
441	441	11 (4) A determination that the disability originated
442	442	12 before the age of 18 years.
443	443	13 A determination of severe and multiple impairments shall
444	444	14 be based upon a comprehensive, documented assessment with an
445	445	15 evaluation by a licensed clinical psychologist or
446	446	16 psychiatrist. Persons diagnosed with Prader-Willi syndrome are
447	447	17 exempt from any assessment or evaluation to measure cognitive
448	448	18 functioning or IQ for purposes of making determinations on
449	449	19 whether such persons have severe and multiple impairments
450	450	20 eligible for home-based and community-based services.
451	451	21
452	452	22 If the examiner is a licensed clinical psychologist,
453	453	23 ancillary evaluation of physical impairment, cerebral palsy or
454	454	24 epilepsy must be made by a physician licensed to practice
455	455	25 medicine in all its branches.
456	456	26 Regardless of the discipline of the examiner, ancillary
457	457
458	458
459	459
460	460
461	461
462	462	HB2541 - 12 - LRB104 08083 KTG 18129 b
463	463
464	464
465	465	HB2541- 13 -LRB104 08083 KTG 18129 b HB2541 - 13 - LRB104 08083 KTG 18129 b
466	466	HB2541 - 13 - LRB104 08083 KTG 18129 b
467	467
468	468
469	469
470	470
471	471
472	472	HB2541 - 13 - LRB104 08083 KTG 18129 b