(405 ILCS 30/1) (from Ch. 91 1/2, par. 901)
Sec. 1.
Purpose.
It is declared to be the policy and intent of the Illinois
General Assembly that the Department of Human Services assume leadership in
facilitating the establishment of
comprehensive
and coordinated arrays of private and public services for persons with mental
illness, persons with a developmental disability, and alcohol and drug
dependent citizens residing in communities throughout the state. The
Department shall work
in partnership with local government entities, direct service providers,
voluntary
associations and communities to create a system that is sensitive to the needs
of local communities and which complements existing family and other natural
supports, social institutions and programs.
The goals of the service system shall include but not be limited to the
following: to strengthen the disabled individual's independence, self‑esteem
and ability to participate in and contribute to community life; to insure
continuity of care for clients; to enable disabled persons to access needed
services, commensurate with their individual wishes and needs, regardless
of where they reside in the state; to prevent unnecessary institutionalization
and the dislocation of individuals from their home communities; to provide
a range of services so that persons can receive these services in settings
which do not unnecessarily restrict their liberty; and to encourage clients
to move among settings as their needs change.
The system shall include provision of services in the areas of prevention,
client assessment and diagnosis, case coordination, crisis and emergency
care, treatment and habilitation and support services, and community
residential alternatives to institutional settings. The General Assembly
recognizes that community programs are an integral part of the larger service
system, which includes state‑operated facilities for persons who cannot receive
appropriate services in the community.
Towards achievement of these ends, the Department of Human Services, working
in coordination with other State agencies, shall assume responsibilities
pursuant to this Act, which includes activities in the areas of planning,
quality assurance, program evaluation, community education, and the provision
of financial and technical assistance to local provider agencies.
(Source: P.A. 88‑380; 89‑507, eff. 7‑1‑97.)
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(405 ILCS 30/3) (from Ch. 91 1/2, par. 903)
Sec. 3.
Responsibilities for Community Services.
Pursuant
to this Act, the Department of Human Services
shall facilitate the
establishment of a comprehensive and coordinated array of community services
based upon a federal, State and local partnership. In order to assist in
implementation of this Act, the Department shall prescribe and publish rules
and
regulations. The Department may request the assistance of other
State agencies, local
government entities, direct services providers and others in the development of
these regulations or other policies related to community services.
The Department shall assume the following roles and responsibilities for
community services:
(a) Service Priorities. Within the service categories described in Section
2 of this Act, establish and publish priorities for community services to
be rendered, and priority populations to receive these services.
(b) Planning. By January 1, 1994 and by January 1 of each third year
thereafter, prepare and publish a Plan which describes goals and objectives for
community services state‑wide and for regions and subregions needs assessment,
steps and time‑tables for implementation of the goals also shall be included;
programmatic goals and objectives for community services shall cover the
service categories defined in Section 2 of this Act; the Department shall insure local
participation in the planning process.
(c) Public Information and Education. Develop programs aimed at
improving the relationship between communities and their disabled
residents; prepare and disseminate public information and educational
materials on the prevention of developmental disabilities, mental illness, and
alcohol or drug dependence, and on available treatment and habilitation
services for persons with these disabilities.
(d) Quality Assurance. Promulgate minimum program standards, rules and
regulations to insure that Department funded services maintain acceptable quality
and assure enforcement of these standards through regular monitoring of
services and through program evaluation; this applies except where this
responsibility is explicitly given by law to another State agency.
(d‑5) Accreditation requirements for providers of mental health and
substance abuse treatment services.
Except when the federal or State statutes authorizing a program, or the
federal regulations implementing a program, are to the contrary,
accreditation shall be accepted by the Department in lieu of the
Department's facility or program certification or licensure onsite review
requirements and shall be accepted as a substitute for the Department's
administrative and program monitoring requirements, except as required by
subsection (d‑10), in the case of:
(1) Any organization from which the Department |
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purchases mental health or substance abuse services and that is accredited under any of the following: the Comprehensive Accreditation Manual for Behavioral Health Care (Joint Commission on Accreditation of Healthcare Organizations (JCAHO)); the Comprehensive Accreditation Manual for Hospitals (JCAHO); the Standards Manual for the Council on Accreditation for Children and Family Services (Council on Accreditation for Children and Family Services (COA)); or the Standards Manual for Organizations Serving People with Disabilities (the Rehabilitation Accreditation Commission (CARF)).
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(2) Any mental health facility or program licensed
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or certified by the Department, or any substance abuse service licensed by the Department, that is accredited under any of the following: the Comprehensive Accreditation Manual for Behavioral Health Care (JCAHO); the Comprehensive Accreditation Manual for Hospitals (JCAHO); the Standards Manual for the Council on Accreditation for Children and Family Services (COA); or the Standards Manual for Organizations Serving People with Disabilities (CARF).
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(3) Any network of providers from which the
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Department purchases mental health or substance abuse services and that is accredited under any of the following: the Comprehensive Accreditation Manual for Behavioral Health Care (JCAHO); the Comprehensive Accreditation Manual for Hospitals (JCAHO); the Standards Manual for the Council on Accreditation for Children and Family Services (COA); the Standards Manual for Organizations Serving People with Disabilities (CARF); or the National Committee for Quality Assurance. A provider organization that is part of an accredited network shall be afforded the same rights under this subsection.
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(d‑10) For mental health and substance abuse services, the Department
may develop standards or promulgate rules that establish additional standards
for monitoring
and licensing accredited programs, services, and facilities that the Department
has determined are not covered by the accreditation standards and processes.
These additional standards for monitoring and licensing accredited programs,
services, and facilities and the associated monitoring must not duplicate the
standards and processes already covered by the accrediting bodies.
(d‑15) The Department shall be given proof of compliance with fire and
health safety standards, which must be submitted as required by rule.
(d‑20) The Department, by accepting the survey or inspection of an
accrediting organization, does not forfeit its rights to perform inspections at
any time, including contract monitoring to ensure that services are
provided in accordance with the contract.
The Department reserves the right to monitor a provider of mental health and
substance abuse treatment services when the survey or inspection of an
accrediting organization has established any deficiency in the accreditation
standards and processes.
(d‑25) On and after the effective date of this amendatory Act of the 92nd
General Assembly, the accreditation requirements of this Section apply to
contracted organizations that are already accredited.
(e) Program Evaluation. Develop a system for conducting evaluation of
the effectiveness of community services, according to preestablished
performance standards; evaluate the extent to which performance according
to established standards aids in achieving the goals of this Act;
evaluation data also shall be used for quality assurance purposes as well
as for planning activities.
(f) Research. Conduct research in order to increase understanding of mental
illness, developmental disabilities and alcohol and drug dependence.
(g) Technical Assistance. Provide technical assistance to provider agencies
receiving funds or serving clients in order to assist
these agencies in providing appropriate, quality services; also provide
assistance and guidance to other State agencies and local governmental bodies
serving the disabled in order to strengthen their efforts to provide
appropriate community services; and assist provider agencies in accessing
other available funding, including federal, State, local, third‑party and
private resources.
(h) Placement Process. Promote the appropriate placement of clients in
community services through the development and implementation of client
assessment and diagnostic instruments to assist in identifying the
individual's service needs; client assessment instruments also can be
utilized for purposes of program evaluation; whenever possible, assure that
placements in State‑operated facilities are referrals from community agencies.
(i) Interagency Coordination. Assume leadership in promoting cooperation
among State health and human service agencies to insure that a comprehensive,
coordinated community services system is in place; to insure disabled persons
access to needed services; and to insure continuity of care and allow clients
to move among service settings as their needs change; also work with other
agencies to establish effective prevention programs.
(j) Financial Assistance. Provide financial assistance to local provider
agencies through purchase‑of‑care contracts and grants, pursuant to Section
4 of this Act.
(Source: P.A. 92‑755, eff. 8‑2‑02.)
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(405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
Sec. 4.
Financing for Community Services.
The Department of Human Services
is authorized to
provide financial assistance to eligible private service providers,
corporations, local government entities or voluntary associations for the
provision of services to persons with mental illness, persons with a
developmental disability and alcohol and drug dependent persons living in the
community for the purpose of achieving the goals of this Act.
The Department shall utilize the following funding mechanisms for community
services:
(1) Purchase of Care Contracts: services purchased |
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on a predetermined fee per unit of service basis from private providers or governmental entities. Fee per service rates are set by an established formula which covers some portion of personnel, supplies, and other allowable costs, and which makes some allowance for geographic variations in costs as well as for additional program components.
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(2) Grants: sums of money which the Department
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grants to private providers or governmental entities pursuant to the grant recipient's agreement to provide certain services, as defined by departmental grant guidelines, to an approximate number of service recipients. Grant levels are set through consideration of personnel, supply and other allowable costs, as well as other funds available to the program.
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(3) Other Funding Arrangements: funding mechanisms
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may be established on a pilot basis in order to examine the feasibility of alternative financing arrangements for the provision of community services.
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The Department shall strive to establish and maintain an equitable system of
payment
which encourages providers to improve their clients' capabilities for
independence and reduces their reliance on community or State‑operated
services. In accepting Department funds, providers shall recognize
their responsibility to be
accountable to the Department and the State for the delivery of services
which are consistent
with the philosophies and goals of this Act and the rules and regulations
promulgated under it.
(Source: P.A. 88‑380; 89‑507, eff. 7‑1‑97.)
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(405 ILCS 30/4.1) (from Ch. 91 1/2, par. 904.1)
Sec. 4.1.
Respite Services.
(a) The Department of Human Services shall
coordinate and financially assist the provision of community respite services
for persons with a developmental disability. A respite service is the supplying
of a substitute caregiver on a short‑term basis to provide temporary relief to
the usual caregiver maintaining a person with a developmental disability in his
home. Respite services shall be classified as substitute care provided on any
of the following bases:
(1) hourly or daily, which may include overnight, in |
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the home of a person with a developmental disability;
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(2) daily, which shall include overnight, in a
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community residential setting which is licensed, certified, approved or otherwise sanctioned by the Department or another State agency; or
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(3) hourly, which shall not include overnight, in a
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community provider location.
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(b) A person is eligible for respite services if he or she is a person with
a developmental disability and lives in a natural or foster family home with
natural or foster family members whose care and supervision are essential to
his or her well‑being.
(c) In allocating funds to community providers for respite services, the
Department shall give preference to programs which serve special population
groups and targeted geographic areas, as determined by the Department. In
determining special population groups, the Department shall consider the
adequacy of current service programs in meeting the unique needs of
minority groups and persons with certain types of disabilities. In determining
targeted geographic areas, the Department shall consider an area's current
funding and service levels and demographic indicators of need, such as the
total population, the population in poverty and the infant mortality rate.
The Department's provision of funds to community providers shall be
subject to available appropriations.
(d) Community providers may fund respite services through monies
provided by the Department, local units of government, fees and other
revenue sources. Any fees charged by a community provider shall be in
accordance with a sliding fee scale established by the community provider
pursuant to guidelines developed by the Department. The Department's
guidelines shall include, but are not limited to, the following criteria:
(1) fees may be charged only to responsible
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relatives, as defined in Section 1‑124 of the Mental Health and Developmental Disabilities Code;
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(2) no parent or guardian may be charged a fee for
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respite services provided to his or her child less than 18 years of age or 18 through 21 years of age who is receiving services under the Education for All Handicapped Children Act of 1975 (Public Law 94‑142);
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(3) no fee may exceed the provider's cost for the
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(4) no fee shall be charged which constitutes a
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hardship for the respite service recipient's family or which impedes receiving needed respite services;
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(5) fee scales shall incorporate consideration of
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the income and size of the respite service recipient's family and any unusual expenses of the family, including those relating to the medical or disabling condition of the recipient.
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(e) If a community provider has insufficient funds to provide respite
services to all eligible persons, it shall give preference to those
eligible persons in greatest need as defined by the Department. In
defining need, the Department may consider the capacity of the person's
family to provide care and the person's need for special services or
programs based on such factors as functional level, medical and physical
impairments and maladaptive behavior.
(Source: P.A. 88‑380; 89‑507, eff. 7‑1‑97.)
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(405 ILCS 30/4.3)
Sec. 4.3. Family Support Services Voucher Pilot Program.
(a) In this Section:
"Family member" means a family member as defined by rules adopted by the
Department of Human Services.
"Family support services" means the services and activities described in
subsection (d).
(b) The Department of Human Services shall establish a Family Support
Services Voucher Pilot Program which shall be a conversion of the program
defined in Section 4.1. The Department may establish no more than 5 pilot
programs.
(c) The purpose of the pilot program is to do the following:
(1) Increase the number of families who are able to
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access family support services.
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(2) Provide families with greater control over
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(3) Ensure that the diverse family support services
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needs of families can be accommodated.
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(4) Encourage a family's contribution toward payment
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for the family support services they receive.
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(5) Serve as a pilot program to evaluate the merits
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of a family support services voucher program in comparison to the traditional respite program.
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(d) The Department shall contract with community agencies to issue vouchers
to
participating families, or to employ a voucher‑like method that similarly makes
services available based on the choice of families.
A family may use the vouchers to purchase the
following services and activities or to otherwise provide for those services
and activities:
(1) Services of an in‑home caregiver to supervise
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the family member with a developmental disability in the home or in the community or both when other family members are not present.
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(2) Services of a person to accompany the family
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member with a developmental disability on outings, community activities, and similar activities.
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(3) Registration of the family member with a
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developmental disability in park district programs, extracurricular school activities, community college classes, and other similar types of community‑based programs.
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(4) Services of home health care personnel if
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medical training or expertise is required to meet the needs of the family member with a developmental disability.
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(e) Families may employ the following types of individuals to provide family
support services:
(1) Related family members who do not reside in the
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same home as the family member with a developmental disability.
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(2) Friends or neighbors whom the family designates
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as capable of meeting the needs of the family member with a developmental disability.
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(3) Individuals recruited from the community (for
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example, church members or college students).
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(4) Individuals who work with the family member with
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a developmental disability in a different capacity (for example, classroom aide or day program staff).
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(5) Persons whose services are contracted for
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through a home health agency licensed under the Home Health, Home Services, and Home Nursing Agency Licensing Act.
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(f) Family support services moneys under the pilot program may not be used
to
purchase or provide for any of the following
services or activities:
(1) Out‑of‑home medical services.
(2) Medical, therapeutic, or developmental
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(3) Any product or item (for example, sports
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equipment, therapeutic devices, or clothing).
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(4) Family support services provided by a family
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member whose primary residence is the same as that of the family member with a developmental disability.
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(5) Services of a person to accompany the family on
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(6) Any service or activity that should be provided
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by the school in which the family member with a developmental disability is enrolled or that occurs as part of that school's typical school routine.
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(7) Child care services while the primary caretaker
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(g) The Department of Human Services shall submit a report to the General
Assembly by March 1, 2000 evaluating the merits
of the pilot program.
(Source: P.A. 94‑379, eff. 1‑1‑06.)
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(405 ILCS 30/4.4)
Sec. 4.4. Funding reinvestment.
(a) The purposes of this Section are as follows:
(1) The General Assembly recognizes that the United
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States Supreme Court in Olmstead v. L.C. ex Rel. Zimring, 119 S. Ct. 2176 (1999), affirmed that the unjustifiable institutionalization of a person with a disability who could live in the community with proper support, and wishes to do so, is unlawful discrimination in violation of the Americans with Disabilities Act (ADA). The State of Illinois, along with all other states, is required to provide appropriate residential and community‑based support services to persons with disabilities who wish to live in a less restrictive setting.
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(2) It is the purpose of this Section to help fulfill
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the State's obligations under the Olmstead decision by maximizing the level of funds for both developmental disability and mental health services and supports in order to maintain and create an array of residential and supportive services for people with mental health needs and developmental disabilities whenever they are transferred into another facility or a community‑based setting.
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(b) In this Section:
"Office of Developmental Disabilities" means the Office of Developmental
Disabilities within the Department of Human Services.
"Office of Mental Health" means the Office of Mental Health within the
Department of Human Services.
(c) On and after the effective date of this amendatory Act of the 94th
General Assembly, every appropriation of State moneys relating to funding for
the Office of Developmental Disabilities or the Office of Mental Health must
comply with this Section.
(d) Whenever any appropriation, or any portion of an appropriation, for any
fiscal year relating to the funding of any State‑operated facility operated by
the Office of Developmental Disabilities or any mental health facility operated
by the Office of Mental Health is reduced because of any of the reasons set
forth in the following items (1) through (3), to the extent that savings are
realized from these items, those moneys must be directed toward providing
other services and supports for persons with developmental disabilities or
mental health needs:
(1) The closing of any such State‑operated facility
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for the developmentally disabled or mental health facility.
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(2) Reduction in the number of units or available
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beds in any such State‑operated facility for the developmentally disabled or mental health facility.
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(3) Reduction in the number of staff employed in any
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such State‑operated facility for the developmentally disabled or mental health facility.
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In determining whether any savings are realized from
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items (1) through (3), sufficient moneys shall be made available to ensure that there is an appropriate level of staffing and that life, safety, and care concerns are addressed so as to provide for the remaining persons with developmental disabilities or mental illness at any facility in the case of item (2) or (3) or, in the case of item (1), such remaining persons at the remaining State‑operated facilities that will be expected to handle the individuals previously served at the closed facility.
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(e) The purposes of redirecting this funding shall include, but not be
limited to, providing the following services and supports for individuals with
developmental disabilities and mental health needs:
(1) Residence in the most integrated setting
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possible, whether independent living in a private residence, a Community Integrated Living Arrangement (CILA), a supported residential program, an Intermediate Care Facility for persons with Developmental Disabilities (ICFDD), a supervised residential program, or supportive housing, as appropriate.
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(2) Residence in another State‑operated facility.
(3) Rehabilitation and support services, including
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assertive community treatment, case management, supportive and supervised day treatment, and psychosocial rehabilitation.
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(4) Vocational or developmental training, as
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appropriate, that contributes to the person's independence and employment potential.
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(5) Employment or supported employment, as
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appropriate, free from discrimination pursuant to the Constitution and laws of this State.
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(6) In‑home family supports, such as respite services
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and client and family supports.
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(7) Periodic reevaluation, as needed.
(f) An appropriation may not circumvent the purposes of this Section by
transferring moneys within the funding system for services and supports for the
developmentally disabled and mentally ill and then compensating for this
transfer by redirecting other moneys away from these services to provide
funding for some other governmental purpose or to relieve other State funding
expenditures.
(Source: P.A. 94‑498, eff. 8‑8‑05.)
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