HB5560 94TH GENERAL ASSEMBLY

LRB094 17099 DRJ 52384 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5560

Introduced 01/27/06, by Rep. Lee A. Daniels

SYNOPSIS AS INTRODUCED:

New Act

Creates the Olmstead Readiness Act. Requires the Department of Human Services (DHS) to conduct an assessment of individuals with disabilities to determine whether they have an interest in moving and are appropriate to move out of their current setting to the most integrated setting. Defines "most integrated setting" as a setting that enables a person with a disability to interact with non-disabled persons to the fullest extent possible and that is appropriate to meet the needs of the person with a disability. Requires DHS to maintain a viable network of home and community based providers to meet the needs of individuals with disabilities in the most integrated setting. Provides that discharge plans to most integrated settings must include provisions for an individual's return to a more intensive level of support or service when the individual's health or personal safety requires it or when the individual's treatment plan suggests a need for crisis or emergency intervention or long-term supports and services. Requires DHS to make a report by December 1, 2007. Provides that before full implementation of the Act, DHS must review all applicable rules and regulations governing staffing requirements for maintaining levels of quality supports and services by January 31, 2008 and make a report by April 15, 2008.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 Olmstead Readiness Act.

Section 5. Purpose. It is the intent of the General Assembly to ensure that Illinois implements a plan consistent with the decision in Olmstead v. L.C., 527 U.S. 581 (1999), and that a system of community supports and services is prepared for a successful implementation and transition of people who are appropriate and choose the most integrated setting.

Furthermore, the intent of this Act is to provide a framework for steps Illinois must take to ensure a successful implementation of the Olmstead decision. To that end, Initial Technical Assistance Recommendations Regarding Developing Comprehensive, Effectively Working Plans, issued to states on January 15, 2000, by the United States Department of Health and Human Services, shall guide the efforts of implementation, along with other sources of support including, but not limited to, the Disabilities Services Advisory Committee.

Section 10. Definitions. As used in this Act:

"Department" means the Illinois Department of Human Services.

"Disabilities Services Advisory Committee" means the Committee appointed by the Governor pursuant to the Disabilities Services Act of 2003.

"Most integrated setting" means a setting that enables a person with a disability to interact with non-disabled persons to the fullest extent possible and that is appropriate to meet the needs of the person with a disability.

"Participant-centered service planning" includes:

(1) An assessment with comprehensive information concerning each participant's preferences, needs, and abilities.

(2) Participant decision-making when information and support are available to help participants make informed selections between service options.

(3) Free choice of providers when information and support are available to assist participants to freely choose between qualified providers.

(4) A service plan whereby each participant's plan comprehensively addresses his or her identified need for home or community based services, health care, and other services in accordance with his or her own expressed personal preferences and goals.

(5) Participant direction whereby participants have the authority and are supported to direct and manage their own services to the extent they wish.

Section 15. Assessment. An assessment of individuals with disabilities shall take place to determine whether they have an interest in moving and are appropriate to move out of their current setting to the most integrated setting. The assessment shall include all relevant information available to determine what supports and services are necessary to help them transition to the most integrated setting.

Section 20. Provider capacity and capabilities. In order to meet the needs of individuals with disabilities in the most integrated setting, a viable network of home and community based providers shall be maintained so that:

(1) There are sufficient qualified agency and individual providers to meet the needs of people with disabilities in their communities.

(2) All home and community based agency and individual providers possess the requisite skills, competencies, and qualifications to support participants effectively.

(3) All home and community based providers demonstrate the ability to provide supports and services in an effective and efficient manner consistent with the individual's participant-centered service plan.

Section 25. Review of rates and reimbursements. Reimbursements and rate methodologies shall:

(1) Cover the costs associated with providing supports and services for individuals with disabilities in the most integrated setting.

(2) Be re-evaluated by the Department annually to determine whether they cover the cost of supports and services for individuals with disabilities in the most integrated setting. This re-evaluation shall be shared with the Disabilities Services Advisory Committee and the General Assembly effective December 1, 2007 and thereafter.

(3) Support the development of individualized treatment plans for people who choose and are appropriate in their current day and residential settings.

Section 30. Crisis or emergency intervention. Significant changes in the person with a disability's needs or circumstances shall promptly trigger consideration of modifications in his or her participant-centered service plan. Discharge plans to the most integrated setting must include provisions for the person's return to a more intensive level of support or service when the person's health or personal safety requires it or when the individual treatment plan suggests a need for crisis or emergency intervention or long-term supports and services.

Section 35. Information and dissemination. Information and dissemination shall be conducted consistent with the philosophy of participant-centered service planning to ensure that people with disabilities are informed of their right to transition to the most integrated setting that is appropriate and chosen.

Section 40. Growing crisis of direct care staff. The key to transitioning individuals to the most integrated setting is to ensure that a stable workforce is adequately reimbursed and is available. Prior to full implementation of this Act, all applicable rules and regulations governing staffing requirements for maintaining levels of quality supports and services shall be reviewed by January 31, 2008. Any required revisions shall be completed by March 31, 2008 and submitted to the Disabilities Services Advisory Committee and the General Assembly by April 15, 2008.

Section 45. Implementation. The rate at which individuals transition to the most integrated setting is directly dependent on the investment of appropriate resources by the State of Illinois.

Section 50. Evaluation. This Act requires an annual update on the State's efforts toward implementation of an Olmstead plan to determine whether current actions and steps are still relevant and in sync with the data collected in the Cross Disabilities Database. This report shall be furnished to the Disabilities Services Advisory Committee, the Governor, and the General Assembly effective December 1, 2007 and thereafter. In addition, annual reports shall be filed with the Governor, the General Assembly, and the Disabilities Services Advisory Committee as to the progress of the Illinois' Olmstead Plan and the community's ongoing readiness to meet the needs of individuals with disabilities who choose to and are appropriate to transition to the most integrated setting.

Section 55. Rules. The Disabilities Services Advisory Committee Implementation Plan shall govern the implementation of this Act under Section 45.