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

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-Engrossed.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13 (Section scheduled to be repealed on January 1, 2025)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. If an individual, his or
25 her guardian, if applicable, or family caregivers, in
26 conjunction with the provider and clinical staff, believe

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1 the individual is capable of participating in home and
2 community-based services, those opportunities shall be
3 offered as services become available.
4 (6) The Department shall ensure providers have
5 adequate resources, experience, and qualifications to
6 serve the population targeted by this program.
7 (7) The Department shall lead the providers in an
8 ongoing collaboration, whereby best practices and
9 treatment experiences shall be shared and utilized.
10 (8) The providers shall propose home locations in
11 collaboration with other community stakeholders.
12 (b) The Department shall submit an annual report
13electronically to the General Assembly and Governor that
14outlines the progress and effectiveness of this program
15beginning December 31, 2025. The report to the General
16Assembly shall be filed with the Clerk of the House of
17Representatives and the Secretary of the Senate in electronic
18form only, in the manner that the Clerk and the Secretary shall
19direct.
20 (c) The Department shall adopt rules to develop and
21implement this program.
22 (405 ILCS 80/7A-3 new)
23 Sec. 7A-3. Short-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 Short-Term Stabilization
2Support Program consisting of at least 10 homes across the
3State, in accordance with this Article and the following
4requirements:
5 (1) The Short-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 for a period ranging up to 90 days with an
11 option to extend 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 or
17 shall be regulated by the Department of Children and
18 Family Services in accordance with child group home
19 guidelines set forth under the Children and Family
20 Services Act and any applicable rules or policies.
21 (3) Each home shall support no more than 4 residents,
22 each having his or her own bedroom.
23 (4) If an individual is in need of this program, it
24 must be reflected in his or her individual plan.
25 (5) The individual, in conjunction with his or her
26 guardian, if applicable, may change his or her home and

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1 community-based services, including his or her
2 participation in this program. If an individual, his or
3 her guardian, if applicable, or family caregivers, in
4 conjunction with the provider and clinical staff, believe
5 the individual is capable of participating in home and
6 community-based services, those opportunities shall be
7 offered as services become available.
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) The Department shall submit an annual report
17electronically to the General Assembly and Governor that
18outlines the progress and effectiveness of this program
19beginning December 31, 2025. The report to the General
20Assembly shall be filed with the Clerk of the House of
21Representatives and the Secretary of the Senate in electronic
22form only, in the manner that the Clerk and the Secretary shall
23direct.
24 (c) The Department shall adopt rules to develop and
25implement 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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