104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1651 Introduced 2/5/2025, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: 5 ILCS 70/1.42405 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 and community-based services for persons with developmental disabilities. 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 08924 KTG 18979 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1651 Introduced 2/5/2025, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: 5 ILCS 70/1.42405 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 70/1.42 405 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 and community-based services for persons with developmental disabilities. 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 08924 KTG 18979 b LRB104 08924 KTG 18979 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1651 Introduced 2/5/2025, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
5 ILCS 70/1.42405 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 70/1.42 405 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
5 ILCS 70/1.42
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 and community-based services for persons with developmental disabilities. 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.
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A BILL FOR
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1 AN ACT concerning mental health.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Statute on Statutes is amended by changing
5 Section 1.42 as follows:
6 (5 ILCS 70/1.42)
7 Sec. 1.42. Developmental disability.
8 (a) Except where the context indicates otherwise, in any
9 rule, contract, or other document a reference to a
10 developmentally disabled person or a similar reference shall
11 be considered a reference to a person with a developmental
12 disability and a reference to the developmentally disabled or
13 a similar reference shall be considered a reference to persons
14 with developmental disabilities.
15 (b) Except where the context indicates otherwise, in any
16 rule, contract, or other document the term "developmental
17 disability" shall include a disability attributable to
18 Prader-Willi syndrome.
19 (c) Except where the context indicates otherwise, whenever
20 there is a reference in any Act to "development disability"
21 this term shall be construed to include a disability
22 attributable to Prader-Willi syndrome.
23 (d) The use of either "developmentally disabled" or
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1651 Introduced 2/5/2025, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
5 ILCS 70/1.42405 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 70/1.42 405 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
5 ILCS 70/1.42
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 and community-based services for persons with developmental disabilities. 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.
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A BILL FOR
5 ILCS 70/1.42
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
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1 "developmental disability" or "the developmentally disabled"
2 or "persons with developmental disabilities" shall not
3 invalidate any rule, contract, or other document.
4 (Source: P.A. 99-143, eff. 7-27-15.)
5 Section 10. The Mental Health and Developmental
6 Disabilities Code is amended by changing Section 1-106 as
7 follows:
8 (405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)
9 Sec. 1-106. "Developmental disability" means a severe,
10 chronic disability, other than mental illness, found to be
11 closely related to an intellectual disability because this
12 condition results in impairment of general intellectual
13 functioning or adaptive behavior similar to that of persons
14 with ID, and requires services similar to those required for a
15 person with an intellectual disability. In addition, a
16 developmental disability: (1) is manifested before the
17 individual reaches 22 years of age; (2) is likely to continue
18 indefinitely; (3) results in substantial functional
19 limitations in three or more of the following areas of major
20 life activity: self-care, receptive and expressive language,
21 learning, mobility, self-direction, capacity for independent
22 living, or economic self-sufficiency; and (4) reflects the
23 individual's need for a combination and sequence of special
24 interdisciplinary or generic services, individualized
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1 supports, or other forms of assistance that are of lifelong or
2 extended duration and are individually planned and
3 coordinated. "Developmental disability" includes a disability
4 attributable to Prader-Willi syndrome. This definition does
5 not supersede the "developmental disability" definition in
6 Section 1.1 of the Firearm Owners Identification Card Act
7 which is required to be applied under that Act for the purpose
8 of mandatory reporting.
9 (Source: P.A. 102-972, eff. 1-1-23.)
10 Section 15. The Developmental Disability and Mental
11 Disability Services Act is amended by changing Section 2-3 as
12 follows:
13 (405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)
14 Sec. 2-3. As used in this Article, unless the context
15 requires otherwise:
16 (a) "Agency" means an agency or entity licensed by the
17 Department pursuant to this Article or pursuant to the
18 Community Residential Alternatives Licensing Act.
19 (b) "Department" means the Department of Human Services,
20 as successor to the Department of Mental Health and
21 Developmental Disabilities.
22 (c) "Home-based services" means services provided to an
23 adult with a mental disability who lives in his or her own
24 home. These services include but are not limited to:
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1 (1) home health services;
2 (2) case management;
3 (3) crisis management;
4 (4) training and assistance in self-care;
5 (5) personal care services;
6 (6) habilitation and rehabilitation services;
7 (7) employment-related services;
8 (8) respite care; and
9 (9) other skill training that enables a person to
10 become self-supporting.
11 (d) "Legal guardian" means a person appointed by a court
12 of competent jurisdiction to exercise certain powers on behalf
13 of an adult with a mental disability.
14 (e) "Adult with a mental disability" means a person over
15 the age of 18 years who lives in his or her own home; who needs
16 home-based services, but does not require 24-hour-a-day
17 supervision; and who has one of the following conditions:
18 severe autism, severe mental illness, a severe or profound
19 intellectual disability, or severe and multiple impairments.
20 (f) In one's "own home" means that an adult with a mental
21 disability lives alone; or that an adult with a mental
22 disability is in full-time residence with his or her parents,
23 legal guardian, or other relatives; or that an adult with a
24 mental disability is in full-time residence in a setting not
25 subject to licensure under the Nursing Home Care Act, the
26 Specialized Mental Health Rehabilitation Act of 2013, the
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1 ID/DD Community Care Act, the MC/DD Act, or the Child Care Act
2 of 1969, as now or hereafter amended, with 3 or fewer other
3 adults unrelated to the adult with a mental disability who do
4 not provide home-based services to the adult with a mental
5 disability.
6 (g) "Parent" means the biological or adoptive parent of an
7 adult with a mental disability, or a person licensed as a
8 foster parent under the laws of this State who acts as a foster
9 parent to an adult with a mental disability.
10 (h) "Relative" means any of the following relationships by
11 blood, marriage or adoption: parent, son, daughter, brother,
12 sister, grandparent, uncle, aunt, nephew, niece, great
13 grandparent, great uncle, great aunt, stepbrother, stepsister,
14 stepson, stepdaughter, stepparent or first cousin.
15 (i) "Severe autism" means a lifelong developmental
16 disability which is typically manifested before 30 months of
17 age and is characterized by severe disturbances in reciprocal
18 social interactions; verbal and nonverbal communication and
19 imaginative activity; and repertoire of activities and
20 interests. A person shall be determined severely autistic, for
21 purposes of this Article, if both of the following are
22 present:
23 (1) Diagnosis consistent with the criteria for
24 autistic disorder in the current edition of the Diagnostic
25 and Statistical Manual of Mental Disorders.
26 (2) Severe disturbances in reciprocal social
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1 interactions; verbal and nonverbal communication and
2 imaginative activity; repertoire of activities and
3 interests. A determination of severe autism shall be based
4 upon a comprehensive, documented assessment with an
5 evaluation by a licensed clinical psychologist or
6 psychiatrist. A determination of severe autism shall not
7 be based solely on behaviors relating to environmental,
8 cultural or economic differences.
9 (j) "Severe mental illness" means the manifestation of all
10 of the following characteristics:
11 (1) A primary diagnosis of one of the major mental
12 disorders in the current edition of the Diagnostic and
13 Statistical Manual of Mental Disorders listed below:
14 (A) Schizophrenia disorder.
15 (B) Delusional disorder.
16 (C) Schizo-affective disorder.
17 (D) Bipolar affective disorder.
18 (E) Atypical psychosis.
19 (F) Major depression, recurrent.
20 (2) The individual's mental illness must substantially
21 impair his or her functioning in at least 2 of the
22 following areas:
23 (A) Self-maintenance.
24 (B) Social functioning.
25 (C) Activities of community living.
26 (D) Work skills.
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1 (3) Disability must be present or expected to be
2 present for at least one year.
3 A determination of severe mental illness shall be based
4 upon a comprehensive, documented assessment with an evaluation
5 by a licensed clinical psychologist or psychiatrist, and shall
6 not be based solely on behaviors relating to environmental,
7 cultural or economic differences.
8 (k) "Severe or profound intellectual disability" means a
9 manifestation of all of the following characteristics:
10 (1) A diagnosis which meets Classification in Mental
11 Retardation or criteria in the current edition of the
12 Diagnostic and Statistical Manual of Mental Disorders for
13 severe or profound mental retardation (an IQ of 40 or
14 below). This must be measured by a standardized instrument
15 for general intellectual functioning.
16 (2) A severe or profound level of disturbed adaptive
17 behavior. This must be measured by a standardized adaptive
18 behavior scale or informal appraisal by the professional
19 in keeping with illustrations in Classification in Mental
20 Retardation, 1983.
21 (3) Disability diagnosed before age of 18.
22 A determination of a severe or profound intellectual
23 disability shall be based upon a comprehensive, documented
24 assessment with an evaluation by a licensed clinical
25 psychologist or certified school psychologist or a
26 psychiatrist, and shall not be based solely on behaviors
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1 relating to environmental, cultural or economic differences.
2 (l) "Severe and multiple impairments" means the
3 manifestation of all of the following characteristics:
4 (1) The evaluation determines the presence of a
5 developmental disability which is expected to continue
6 indefinitely, constitutes a substantial disability and is
7 attributable to any of the following:
8 (A) Intellectual disability as defined in Section
9 1-116 of the Mental Health and Developmental
10 Disabilities Code.
11 (B) Cerebral palsy.
12 (C) Epilepsy.
13 (D) Autism.
14 (E) Prader-Willi syndrome.
15 (F) (E) Any other condition which results in
16 impairment similar to that caused by an intellectual
17 disability and which requires services similar to
18 those required by persons with intellectual
19 disabilities.
20 (2) Except as otherwise provided for persons diagnosed
21 with Prader-Willi syndrome, the The evaluation determines
22 multiple disabilities in physical, sensory, behavioral or
23 cognitive functioning which constitute a severe or
24 profound impairment attributable to one or more of the
25 following:
26 (A) Physical functioning, which severely impairs
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1 the individual's motor performance that may be due to:
2 (i) Neurological, psychological or physical
3 involvement resulting in a variety of disabling
4 conditions such as hemiplegia, quadriplegia or
5 ataxia,
6 (ii) Severe organ systems involvement such as
7 congenital heart defect,
8 (iii) Physical abnormalities resulting in the
9 individual being non-mobile and non-ambulatory or
10 confined to bed and receiving assistance in
11 transferring, or
12 (iv) The need for regular medical or nursing
13 supervision such as gastrostomy care and feeding.
14 Assessment of physical functioning must be based
15 on clinical medical assessment by a physician licensed
16 to practice medicine in all its branches, using the
17 appropriate instruments, techniques and standards of
18 measurement required by the professional.
19 (B) Sensory, which involves severe restriction due
20 to hearing or visual impairment limiting the
21 individual's movement and creating dependence in
22 completing most daily activities. Hearing impairment
23 is defined as a loss of 70 decibels aided or speech
24 discrimination of less than 50% aided. Visual
25 impairment is defined as 20/200 corrected in the
26 better eye or a visual field of 20 degrees or less.
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1 Sensory functioning must be based on clinical medical
2 assessment by a physician licensed to practice
3 medicine in all its branches using the appropriate
4 instruments, techniques and standards of measurement
5 required by the professional.
6 (C) Behavioral, which involves behavior that is
7 maladaptive and presents a danger to self or others,
8 is destructive to property by deliberately breaking,
9 destroying or defacing objects, is disruptive by
10 fighting, or has other socially offensive behaviors in
11 sufficient frequency or severity to seriously limit
12 social integration. Assessment of behavioral
13 functioning may be measured by a standardized scale or
14 informal appraisal by a clinical psychologist or
15 psychiatrist.
16 (D) Cognitive, which involves intellectual
17 functioning at a measured IQ of 70 or below.
18 Assessment of cognitive functioning must be measured
19 by a standardized instrument for general intelligence.
20 Persons diagnosed with Prader-Willi syndrome are
21 exempt from any assessment or evaluation to measure
22 cognitive functioning or IQ for purposes of making a
23 determination of severe and multiple impairments.
24 (3) Except as otherwise provided for persons diagnosed
25 with Prader-Willi syndrome, the The evaluation determines
26 that development is substantially less than expected for
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1 the age in cognitive, affective or psychomotor behavior as
2 follows:
3 (A) Cognitive, which involves intellectual
4 functioning at a measured IQ of 70 or below.
5 Assessment of cognitive functioning must be measured
6 by a standardized instrument for general intelligence.
7 Persons diagnosed with Prader-Willi syndrome are
8 exempt from any assessment or evaluation to measure
9 cognitive functioning or IQ for purposes of making a
10 determination on whether such persons have severe and
11 multiple impairments.
12 (B) Affective behavior, which involves over and
13 under responding to stimuli in the environment and may
14 be observed in mood, attention to awareness, or in
15 behaviors such as euphoria, anger or sadness that
16 seriously limit integration into society. Affective
17 behavior must be based on clinical assessment using
18 the appropriate instruments, techniques and standards
19 of measurement required by the professional.
20 (C) Psychomotor, which includes a severe
21 developmental delay in fine or gross motor skills so
22 that development in self-care, social interaction,
23 communication or physical activity will be greatly
24 delayed or restricted.
25 (4) A determination that the disability originated
26 before the age of 18 years.
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1 A determination of severe and multiple impairments shall
2 be based upon a comprehensive, documented assessment with an
3 evaluation by a licensed clinical psychologist or
4 psychiatrist. Persons diagnosed with Prader-Willi syndrome are
5 exempt from any assessment or evaluation to measure cognitive
6 functioning or IQ for purposes of making determinations on
7 whether such persons have severe and multiple impairments
8 eligible for home and community-based services.
9
10 If the examiner is a licensed clinical psychologist,
11 ancillary evaluation of physical impairment, cerebral palsy or
12 epilepsy must be made by a physician licensed to practice
13 medicine in all its branches.
14 Regardless of the discipline of the examiner, ancillary
15 evaluation of visual impairment must be made by an
16 ophthalmologist or a licensed optometrist.
17 Regardless of the discipline of the examiner, ancillary
18 evaluation of hearing impairment must be made by an
19 otolaryngologist or an audiologist with a certificate of
20 clinical competency.
21 The only exception to the above is in the case of a person
22 with cerebral palsy or epilepsy who, according to the
23 eligibility criteria listed below, has multiple impairments
24 which are only physical and sensory. In such a case, a
25 physician licensed to practice medicine in all its branches
26 may serve as the examiner.
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