Bill Text: IL HB5326 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Creates the Consumer Alternatives Program Act. Directs the Department of Human Services to implement the Consumer Alternatives Program to prevent or avoid the unnecessary institutionalization of individuals with mental or substance use disorders or a co-occurring disorder of mental illness and substance abuse, and to provide cost effective, community residential settings and supports that enable these individuals to live successfully in the community. Requires implementation of the Program during fiscal year 2011. Contains provisions concerning the funding and establishment of community-based services and community-based integrated residential settings; training programs on community-based alternatives for institutional discharge staff; and outreach activities. Provides that participants in the program may receive certain services including a comprehensive evaluation and diagnosis assessment; family or individual support services; case coordination services; and vocational training. Prohibits discrimination in employment based on an individual's mental or substance abuse disorder. Requires the Department of Commerce and Economic Opportunity to assist the Department of Human Services in developing housing assistance programs aimed at promoting and assisting individuals in their transition from institution-living to community-based residency. Effective July 1, 2010.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2010-03-26 - Rule 19(a) / Re-referred to Rules Committee [HB5326 Detail]

Download: Illinois-2009-HB5326-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5326 Introduced 2/5/2010, by Rep. Esther Golar SYNOPSIS AS INTRODUCED:
New Act
Creates the Consumer Alternatives Program Act. Directs the Department of Human Services to implement the Consumer Alternatives Program to prevent or avoid the unnecessary institutionalization of individuals with mental or substance use disorders or a co-occurring disorder of mental illness and substance abuse, and to provide cost effective, community residential settings and supports that enable these individuals to live successfully in the community. Requires implementation of the Program during fiscal year 2011. Contains provisions concerning the funding and establishment of community-based services and community-based integrated residential settings; training programs on community-based alternatives for institutional discharge staff; and outreach activities. Provides that participants in the program may receive certain services including a comprehensive evaluation and diagnosis assessment; family or individual support services; case coordination services; and vocational training. Prohibits discrimination in employment based on an individual's mental or substance abuse disorder. Requires the Department of Commerce and Economic Opportunity to assist the Department of Human Services in developing housing assistance programs aimed at promoting and assisting individuals in their transition from institution-living to community-based residency. Effective July 1, 2010.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Consumer Alternatives Program Act.
Section 5. Purpose. The purpose of this Act is to prevent
or avoid the unnecessary institutionalization of individuals
with mental or substance use disorders, or a co-occurring
disorder of mental illness and substance abuse, and to provide
cost effective, community residential settings and supports
that enable these individuals to live successfully in the
community.
Section 10. Definitions. As used in this Act:
"Individual with a disability" means any of the following:
(1) An adult individual who has a physical impairment
of drug addiction or alcoholism or both, or mental
impairment, that substantially limits one or more of the
individual's major life activities.
(2) An adult individual who has a record of a physical
impairment of drug addiction or alcoholism or both, or
mental impairment, that substantially limits one or more of
the individual's major life activities.

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(3) An adult individual who is regarded as having a
physical impairment of drug addiction or alcoholism or
both, or mental impairment, whether the individual has the
impairment or not.
"Mental impairment" means a mental or psychological
disorder or emotional or mental illness.
"Physical impairment" means drug addiction or alcoholism
or both.
"Stakeholder" means an advocacy organization or service
provider whose mission includes advocacy for or provision of
quality services to individuals with a disability of mental
illness, substance abuse, or a co-occurring disorder of mental
illness and substance abuse.
"Department" means the Department of Human Services.
"Program" means the Consumer Alternatives Program.
Section 15. Implementation of the Consumer Alternatives
Program. The Department of Human Services is directed to
implement the Consumer Alternatives Program for individuals
with a mental or substance use disorder or co-occurring
disability of mental illness and substance abuse. The Program
shall be designed to provide a system of services and supports
that enable those individuals to live in the most integrated
community-based setting. The Department shall begin
implementation of the Program during fiscal year 2011 and shall
adopt rules for the selection of the initial Program

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participants. The Department of Healthcare and Family
Services, the Department of Public Health, and other State
agencies as appropriate shall cooperate fully with the
Department in fulfilling the Program's requirements.
Section 20. Community services. In order to prevent or
avoid the institutionalization of individuals with a
disability due to a mental or substance use disorder, or a
mental illness and substance abuse co-occurring disorder, the
Department shall implement, coordinate, monitor, and evaluate
community services for individuals with disabilities in
Illinois in cooperation with all governmental and private
resources, organizations, and stakeholders. Services shall
address the needs of adult individuals with disabilities, in
the following disability areas:
(1) Mental illness.
(2) Alcoholism or substance abuse or both.
(3) Mental illness and substance abuse.
Section 25. Duties; Program components.
(a) From existing funds and funds appropriated by the
General Assembly, the Department shall do the following:
(1) In order to prevent or avoid unnecessary
institutionalization, establish a comprehensive plan to
develop and maintain a statewide system of community-based
services that reflect the choices and needs of individuals

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with a mental or substance use disorder or a co-occurring
disorder of mental illness and substance abuse, and their
families.
(2) Carry out all functions and duties required by law
through collaboration with individuals with a mental or
substance use disorder or a co-occurring disorder of mental
illness and substance abuse, their families and guardians,
community organizations, and providers throughout the
State.
(3) Facilitate or provide technical assistance to
community service providers in planning, developing, and
implementing services and supports for individuals with a
mental or substance use disorder or a co-occurring disorder
of mental illness and substance abuse, and their families.
(b) From funds appropriated by the General Assembly to the
Department, the Secretary of the Department shall establish
initiatives including, but not limited to, the Program to
prevent and correct inappropriate institutionalization to
ensure that individuals needing alternative services are
served in the most integrated setting.
(c) The Program's components shall include the following:
(1) Policies to avoid inappropriate placement of an
individual in an institution, including general acute care
hospitals, hospitals with distinct parts for psychiatric
care, free standing public or private psychiatric
hospitals, residential treatment facilities, and nursing

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facilities.
(2) Additional community-based integrated residential
settings with appropriate community supports in accordance
with an individual program plan or an individual treatment
plan, or both.
(3) Training programs on community-based alternatives
for institutional discharge staff that treat individuals
with disabilities.
(4) A process to inform an individual of all available
options for his or her care before that individual makes a
decision on his or her placement.
(5) A specialist who will assist the individual, prior
to placement, in making the move from an institution to a
community setting.
(6) Outreach activities to identify individuals in
institutions who may wish to move. The Department shall
establish the qualifications of persons or organizations,
or both, that perform the outreach for community-based
organizations funded through the Program. The guardian of
the individual, if any, must be afforded the opportunity to
be involved with the outreach process and the resident.
Section 30. Provision of services. In accordance with an
individual program plan or an individual treatment plan, or
both, based on a comprehensive evaluation, individuals with a
mental or substance use disorder, or a co-occurring disorder of

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mental illness and substance abuse, may be provided the
services described in the following Sections.
Section 35. Comprehensive evaluation and diagnosis. An
individual with a mental or substance use disorder, or a
co-occurring disorder of mental illness and substance abuse,
who is applying for services is entitled to receive a
comprehensive evaluation and diagnosis including an assessment
of skills, abilities, and potential for residential and work
placement, adapted to his or her primary language, cultural
background, and ethnic origin.
Section 40. Individual program or treatment plan. An
individual with a mental or substance use disorder, or a
co-occurring disorder of mental illness and substance abuse, is
entitled to receive services in accordance with a current
individual program plan or an individual treatment plan, or
both. An individual with a disability who is receiving services
shall be provided periodic reevaluation and review of the
individual program plan or individual treatment plan, or both,
in order to measure progress, to modify or change objectives,
if necessary, and to provide guidance and remediation
techniques. An individual with a disability and his or her
representatives have the right to participate in the planning
and decision-making process regarding the individual's program
plan and to be informed in writing, or in that individual's

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mode of communication, of progress at reasonable time
intervals. Each individual must be given the opportunity to
make decisions and exercise options regarding the plan,
consistent with the individual's capabilities.
Section 45. Nondiscriminatory access to services. An
individual with a mental or substance use disorder, or a
co-occurring disorder of mental illness and substance abuse,
may not be denied program services because of age, sex, ethnic
origin, marital status, ability to pay (except when contrary to
law), record, degree of disability, or illness.
Section 50. Family or individual support. An individual
with a mental or substance use disorder, or a co-occurring
disorder of mental illness and substance abuse, must be
provided family or individual support services, or both, in
accordance with a current individual program plan or an
individual treatment plan, or both, to prevent unnecessary
out-of-home placement and to foster independent living skills.
Section 55. Residential choices. An individual with a
mental or substance use disorder, or a co-occurring disorder of
mental illness and substance abuse, who requires residential
placement in a supervised or supported setting must be provided
a choice among available, clinically appropriate, residential
options. The placement must be offered in the most integrated

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community setting possible.
Section 60. Vocational training. An individual with a
mental or substance use disorder, or a co-occurring disorder of
mental illness and substance abuse, must be provided vocational
training, when appropriate, in accordance with a current
individual program plan or an individual treatment plan, or
both, that contributes to the individual's independence and
employment potential. This training must include strategies
and activities in programs that lead to employment and
reemployment.
Section 65. Employment. An individual with a mental or
substance use disorder, or a co-occurring disorder of mental
illness and substance abuse, has the right to not be
discriminated against in employment, pursuant to the
Constitution and laws of this State.
Section 70. Case coordination services. An individual with
a mental or substance use disorder, or a co-occurring disorder
of mental illness and substance abuse, must be provided case
coordination services, as appropriate, in accordance with a
current individual program plan or an individual treatment
plan, or both.
Section 75. Due process; judicial review.

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(a) An individual with a mental or substance use disorder,
or a co-occurring disorder of mental illness and substance
abuse, retains the rights of citizenship. Any individual
aggrieved by a decision made by a department of State
government regarding services provided under this Act must be
given an opportunity to present complaints at a due process
hearing before a hearing officer designated by the director of
that department.
(b) Any individual aggrieved by a final administrative
decision rendered following the due-process hearing may seek
judicial review of that decision pursuant to the Administrative
Review Law of the Code of Civil Procedure. For purposes of this
Section "administrative decision" has the meaning ascribed to
it in Section 3-101 of the Code of Civil Procedure. Reasonable
attorney's fees and costs may be awarded to the successful
plaintiff in any formal administrative or judicial action.
(c) The right to a hearing under this Section is in
addition to any other rights under federal, State, or local
laws.
Section 80. Transitional living assistance. The Department
of Human Services shall lead a coordinated effort with the
Department of Commerce and Economic Opportunity to further
develop housing assistance programs to promote the ability of
individuals with a mental or substance use disorder, or a
co-occurring disorder of mental illness and substance abuse, to

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move from institutions to the most integrated community
residence. The housing assistance program shall address
eligibility criteria, the period a person may receive
assistance, the types of housing expenses to be covered, and
the locations of the programs. The Department of Human Services
shall administer the program and may seek the advice of the
Department of Commerce and Economic Opportunity for this
purpose.
Section 99. Effective date. This Act takes effect July 1,
2010.