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

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-Enrolled.html



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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13 (Section scheduled to be repealed on January 1, 2025)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 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
23of other funds for these purposes at the discretion of the
24Department, the Department shall establish the Diversion from
25Facility-based Care Pilot Program consisting of at least 6
26homes in various locations in this State in accordance with

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1this 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
24funds for these purposes at the discretion of the Department,
25the Department shall establish the Long-Term Stabilization

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1Support Program consisting of at least 8 homes across the
2State in accordance with this Article and the following
3requirements:
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

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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
23quarterly reports on the following:
24 (1) the number of individuals participating in the
25 program;
26 (2) the number of individuals transitioning from the

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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
7Clerk of the House of Representatives and the Secretary of the
8Senate in electronic form, in the manner that the Clerk and the
9Secretary shall direct.
10 (c) The Department shall adopt rules to develop and
11implement 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
15funds for these purposes at the discretion of the Department,
16the Department shall establish the Short-Term Stabilization
17Support Program consisting of at least 10 homes across the
18State, in accordance with this Article and the following
19requirements:
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

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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

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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
17quarterly 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

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1Clerk of the House of Representatives and the Secretary of the
2Senate in electronic form, in the manner that the Clerk and the
3Secretary shall direct.
4 (c) The Department shall adopt rules to develop and
5implement this program.
6 (405 ILCS 80/7A-4 new)
7 Sec. 7A-4. Repealer. This Article is repealed January 1,
82028.
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