Bill Text: IL SB1674 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the engrossed bill with the following changes: In provisions concerning the Long-Term Stabilization Support Program and the Short-Term Stabilization Support Program, provides that an individual receiving program services may request alternate placement when the wants or needs of the individual, as reflected in the individual's personal plan, would be better served in another setting along the full spectrum of care. Provides that if an individual or other designated persons, if applicable, in conjunction with the independent service coordination agency, the provider, and clinical staff, believe the individual's wants or needs, as reflected in the individual's personal plan, would be better served in an alternate setting along the full spectrum of care, those opportunities shall be discussed as they are identified. Permits such a request to be made at any point during a specified time period or at the conclusion of that period, when assessing whether continued participation in the program would be appropriate for the individual. Removes provisions requiring the Department of Human Services to submit annual reports to the General Assembly and the Governor on the progress and effectiveness of the programs. Instead requires the Department to publish quarterly reports, beginning March 31, 2025, on the number of individuals participating in the programs and other data. Provides that the reports shall be submitted to the General Assembly.

Spectrum: Moderate Partisan Bill (Democrat 12-2)

Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0493 [SB1674 Detail]

Download: Illinois-2023-SB1674-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1674

Introduced 2/8/2023, by Sen. Laura Fine

SYNOPSIS AS INTRODUCED:
405 ILCS 80/Art. VII-A heading
405 ILCS 80/7A-1
405 ILCS 80/7A-2 new
405 ILCS 80/7A-3 new
405 ILCS 80/7A-4 new

Amends the Developmental Disability and Mental Disability Services Act. Provides that the Department of Human Services shall establish the Long-Term Stabilization Support Program consisting of at least 8 homes across the State and the Short-Term Stabilization Support Program consisting of at least 10 homes across the State. Provides for the requirements of each program. Provides that the Department shall submit an annual report to the General Assembly and Governor that outlines the progress and effectiveness of the programs beginning December 31, 2025. Provides that the Department shall adopt rules to develop and implement the programs. Provides for the repeal of the Article on January 1, 2028.
LRB103 29556 SPS 55951 b

A BILL FOR

SB1674LRB103 29556 SPS 55951 b
1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Developmental Disability and Mental
5Disability Services Act is amended by changing the heading of
6Article VII-A and Section 7A-1 and by adding Sections 7A-2,
77A-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
15from Facility-based Care Pilot Program.
16 (a) The purposes of this Article are to:
17 (1) decrease the number of admissions to and
18 transitions from State developmental centers
19 State-operated facilities;
20 (2) address the needs of individuals receiving Home
21 and Community Based Services (HCBS) with intellectual
22 disabilities or developmental disabilities who are at risk

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

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

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

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

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

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

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1 guardian, if applicable, may change his or her home and
2 community-based services, including his or her
3 participation in this program. If an individual, his or
4 her guardian, if applicable, or family caregivers, in
5 conjunction with the provider and clinical staff, believe
6 the individual is capable of participating in home and
7 community-based services, those opportunities shall be
8 offered as services become available.
9 (6) The Department shall ensure providers have
10 adequate resources, experience, and qualifications to
11 serve the population targeted by this program.
12 (7) The Department shall lead the providers in an
13 ongoing collaboration, whereby best practices and
14 treatment experiences shall be shared and utilized.
15 (8) The providers shall propose home locations in
16 collaboration with other community stakeholders.
17 (b) The Department shall submit an annual report
18electronically to the General Assembly and Governor that
19outlines the progress and effectiveness of this program
20beginning December 31, 2025. The report to the General
21Assembly shall be filed with the Clerk of the House of
22Representatives and the Secretary of the Senate in electronic
23form only, in the manner that the Clerk and the Secretary shall
24direct.
25 (c) The Department shall adopt rules to develop and
26implement this program.

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1 (405 ILCS 80/7A-4 new)
2 Sec. 7A-4. Repealer. This Article is repealed January 1,
32028.
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