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


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-Chaptered.html



Public Act 103-0493
SB1674 EnrolledLRB103 29556 SPS 55951 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Developmental Disability and Mental
Disability Services Act is amended by changing the heading of
Article VII-A and Section 7A-1 and by adding Sections 7A-2,
7A-3, and 7A-4 as follows:
(405 ILCS 80/Art. VII-A heading)
ARTICLE VII-A. STABILIZATION SUPPORT PILOT PROGRAMS DIVERSION
FROM FACILITY-BASED CARE PROGRAM
(Source: P.A. 100-924, eff. 7-1-19; 101-81, eff. 7-12-19.)
(405 ILCS 80/7A-1)
(Section scheduled to be repealed on January 1, 2025)
Sec. 7A-1. Stabilization Support Pilot Programs Diversion
from Facility-based Care Pilot Program.
(a) The purposes of this Article are to:
(1) decrease the number of admissions to State
developmental centers State-operated facilities;
(2) address the needs of individuals receiving Home
and Community Based Services (HCBS) with intellectual
disabilities or developmental disabilities who are at risk
of facility-based care due to significant behavioral
challenges, some with a dual diagnosis of mental illness,
by providing a community-based residential alternative to
facility-based care consistent with their personal
individual plans, and to transition these individuals back
to home and community-based services programming a
traditional community-integrated living arrangement or
other HCBS community setting program;
(3) (blank); create greater capacity within the
short-term stabilization homes by allowing individuals who
need an extended period of treatment to transfer to a
long-term stabilization home;
(4) stabilize the existing community-integrated living
arrangement system homes where the presence of individuals
with complex behavioral challenges is disruptive to their
housemates; and
(5) add support services to enhance community service
providers who serve individuals with significant
behavioral challenges; and .
(6) increase the number of individuals transitioning
out of State developmental centers into home and
community-based services programming.
(b) (Blank). Subject to appropriation or the availability
of other funds for these purposes at the discretion of the
Department, the Department shall establish the Diversion from
Facility-based Care Pilot Program consisting of at least 6
homes in various locations in this State in accordance with
this Article and the following model:
(1) the Diversion from Facility-based Care Model shall
serve individuals with intellectual disabilities or
developmental disabilities who are currently receiving
HCBS services and are at risk of facility-based care due
to significant behavioral challenges, some with a dual
diagnosis of mental illness, for a period ranging from one
to 2 years, or longer if appropriate for the individual;
(2) the Program shall be regulated in accordance with
the community-integrated living arrangement guidelines;
(3) each home shall support no more than 4 residents,
each having his or her own bedroom;
(4) if, at any point, an individual, his or her
guardian, or family caregivers, in conjunction with the
provider and clinical staff, believe the individual is
capable of participating in a HCBS service, those
opportunities shall be offered as they become available;
and
(5) providers shall have adequate resources,
experience, and qualifications to serve the population
target by the Program, as determined by the Department;
(6) participating Program providers and the Department
shall participate in an ongoing collaborative whereby best
practices and treatment experiences would be shared and
utilized;
(7) home locations shall be proposed by the provider
in collaboration with other community stakeholders;
(8) The Department, in collaboration with
participating providers, by rule shall develop data
collection and reporting requirements for participating
community service providers. Beginning December 31, 2020
the Department shall submit an annual report
electronically to the General Assembly and Governor that
outlines the progress and effectiveness of the pilot
program. The report to the General Assembly shall be filed
with the Clerk of the House of Representatives and the
Secretary of the Senate in electronic form only, in the
manner that the Clerk and the Secretary shall direct;
(9) the staffing model shall allow for a high level of
community integration and engagement and family
involvement; and
(10) appropriate day services, staff training
priorities, and home modifications shall be incorporated
into the Program model, as allowed by HCBS authorization.
(c) (Blank). This Section is repealed on January 1, 2025.
(Source: P.A. 102-1109, eff. 12-21-22.)
(405 ILCS 80/7A-2 new)
Sec. 7A-2. Long-Term Stabilization Support Program.
(a) Subject to appropriation or the availability of other
funds for these purposes at the discretion of the Department,
the Department shall establish the Long-Term Stabilization
Support Program consisting of at least 8 homes across the
State in accordance with this Article and the following
requirements:
(1) The Long-Term Stabilization Support Program shall
serve individuals with intellectual disabilities or
developmental disabilities who are currently receiving
home and community-based services and are at risk of
facility-based care due to significant behavioral
challenges and individuals transitioning out of State
developmental centers for a period of up to 2 years, or
longer if appropriate for the individual.
(2) The program shall be regulated by the Department
in accordance with the community-integrated living
arrangement guidelines set forth under the
Community-Integrated Living Arrangement Licensure and
Certification Act and any applicable rules or policies.
(3) Each home shall support no more than 4 residents,
each having his or her own bedroom.
(4) If an individual is in need of this program, it
must be reflected in his or her individual plan.
(5) The individual, in conjunction with his or her
guardian, if applicable, may change his or her home and
community-based services, including his or her
participation in this program, including requesting
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. If an individual, his or her
guardian, if applicable, or family caregivers, 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.
The request may be made at any point during the period
specified in paragraph (1) or at the conclusion of that
period, when assessing whether continued participation in
the program would be appropriate for the individual.
(6) The Department shall ensure providers have
adequate resources, experience, and qualifications to
serve the population targeted by this program.
(7) The Department shall lead the providers in an
ongoing collaboration, whereby best practices and
treatment experiences shall be shared and utilized.
(8) The providers shall propose home locations in
collaboration with other community stakeholders.
(b) Beginning March 31, 2025, the Department shall publish
quarterly reports on the following:
(1) the number of individuals participating in the
program;
(2) the number of individuals transitioning from the
program;
(3) the location where individuals transition to
during and after participation in the program; and
(4) the length of time individuals are participating
in the program.
The report to the General Assembly shall be filed with the
Clerk of the House of Representatives and the Secretary of the
Senate in electronic form, in the manner that the Clerk and the
Secretary shall direct.
(c) The Department shall adopt rules to develop and
implement this program.
(405 ILCS 80/7A-3 new)
Sec. 7A-3. Short-Term Stabilization Support Program.
(a) Subject to appropriation or the availability of other
funds for these purposes at the discretion of the Department,
the Department shall establish the Short-Term Stabilization
Support Program consisting of at least 10 homes across the
State, in accordance with this Article and the following
requirements:
(1) The Short-Term Stabilization Support Program shall
serve individuals with intellectual disabilities or
developmental disabilities who are currently receiving
home and community-based services and are at risk of
facility-based care due to significant behavioral
challenges for a period ranging up to 90 days with an
option to extend if appropriate for the individual.
(2) The program shall be regulated by the Department
in accordance with the community-integrated living
arrangement guidelines set forth under the
Community-Integrated Living Arrangement Licensure and
Certification Act and any applicable rules or policies or
shall be regulated by the Department of Children and
Family Services in accordance with child group home
guidelines set forth under the Children and Family
Services Act and any applicable rules or policies.
(3) Each home shall support no more than 4 residents,
each having his or her own bedroom.
(4) If an individual is in need of this program, it
must be reflected in his or her individual plan.
(5) The individual, in conjunction with his or her
guardian, if applicable, may change his or her home and
community-based services, including his or her
participation in this program, including requesting
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. If an individual, his or her
guardian, if applicable, or family caregivers, 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.
The request may be made at any point during the period
specified in paragraph (1) or at the conclusion of that
period, when assessing whether continued participation in
the program would be appropriate for the individual.
(6) The Department shall ensure providers have
adequate resources, experience, and qualifications to
serve the population targeted by this program.
(7) The Department shall lead the providers in an
ongoing collaboration, whereby best practices and
treatment experiences shall be shared and utilized.
(8) The providers shall propose home locations in
collaboration with other community stakeholders.
(b) Beginning March 31, 2025, the Department shall publish
quarterly reports on the following:
(1) the number of individuals participating in the
program;
(2) the number of individuals transitioning from the
program;
(3) the location where individuals transition to
during and after participation in the program; and
(4) the length of time individuals are participating
in the program.
The report to the General Assembly shall be filed with the
Clerk of the House of Representatives and the Secretary of the
Senate in electronic form, in the manner that the Clerk and the
Secretary shall direct.
(c) The Department shall adopt rules to develop and
implement this program.
(405 ILCS 80/7A-4 new)
Sec. 7A-4. Repealer. This Article is repealed January 1,
2028.
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