Legislative Update for March 17, 2006
The following are some of the more significant disability related bills filed in the General Assembly this session which are scheduled to be heard in committee during the week of March 20, 2006:
Senate Appropriations I Committee
March 22, 2006, 4:00 p.m.
Capitol Building, Room 212
Springfield, IL
SB 1478, chief sponsor, Senator John M. Sullivan
Appropriates $14,562,000 from the General Revenue Fund to the Department of Human Services for the purpose of providing formula funding to centers for independent living to provide core independent living services and other disability services in Illinois.
NOTE: This is a subject matter only hearing, meaning that no vote will be taken on the bill at that time.
Senate Health and Human Services Committee
March 23, 2006, 9:00 a.m.
Capitol Building, Room 400
Springfield, IL
HB 5382, chief sponsor, Representative Lee A. Daniels
Amends the Disability Services Act of 2003 to further develop and implement a Disability Services Plan for Illinois to: 1) ensure compliance with the Americans with Disabilities Act and the U.S. Supreme Court's decision in Olmstead v. L.C., 119 S. Ct. 2176 (1999); and 2) develop a more comprehensive system of community supports and services that will enable persons with disabilities to transition to the most appropriate integrated setting possible in accordance with their needs, preferences and capacity to be served in that setting. Most integrated setting is defined as a setting that enables a person with a disability to interact with nondisabled persons to the fullest extent possible and that is appropriate to meet the needs and choices of the person with a disability and his or her guardian (if any). The bill provides that no person shall be compelled to move from an institutionalized setting to another type of residential setting without his or her voluntary informed consent and the voluntary informed consent of his or her guardian (if any) in the implementation of the Act or the Disability Services Plan. The bill also expands the definition of disability under the Act to include age-related impairments of older adults.
The bill sets forth specific requirements relating to comprehensive evaluation and diagnosis of a person with a disability, family or individual support services, residential services (to include a full array of institutional and non-institutional residential options outside of the home in the most integrated setting appropriate to meet the person's needs and the choices of the person and his or her guardian), educational services, vocational habilitation and rehabilitation services (in the most integrated setting appropriate to meet the person's needs and the choices of the person and his or her guardian), employment services (in the most integrated setting appropriate to the needs and choices of the person and his or her guardian), independent service coordination, mental health supports, and assistive technology devices and services.
The Governor, with the assistance of an advisory committee and the Secretary of Human Services, is required to submit the Disability Services Plan to the General Assembly by March 31, 2006 (The Act currently provides that the Governor must submit a report, to include an implementation plan, to the General Assembly by November 1, 2004 and requires initial implementation of the plan by July 1, 2005). By January 1, 2007, the Departments of Human Services, Health Care and Family Services, and Aging must arrange for implementation of assessments of the readiness of persons with disabilities to effect appropriate and medically necessary transitions to the most integrated setting possible and the State's readiness to effect any transitions that persons with disabilities may prefer and require.
HB 5385, chief sponsor, Representative Lee A. Daniels
Amends the Public Aid Code by requiring the Department of Health Care and Family Services (DHFS) to extend traditional services under the medical assistance program to persons with autism, including applied behavioral therapy, speech services, and other necessary medical services.
HB 5386, chief sponsor, Representative Lee A. Daniels
Amends the Public Aid Code by requiring DHFS to apply for a waiver from the U.S. Centers for Medicare and Medicaid Services to allow payment for in-home and community-based treatment, therapies, training and other necessary aids and services for children age 3 up to age 21 who are diagnosed with a developmental disability or autism spectrum disorder (even if the child would not otherwise qualify for Medicaid due to family income or assets). In the waiver application(s), DHFS must request an implementation date of January 1, 2007 or as soon thereafter as may be approved, and shall provide for: 1) a minimum of 800 children in the 1st year of implementation, at least 500 of whom must be children with autism spectrum disorder; 2) a minimum of 1,750 children in the 2nd year of implementation, at least 1,000 of whom must be children with autism spectrum disorder; and 3) a minimum of 3,350 children in the 3rd and subsequent years of implementation, at least 2,000 of whom must be children with autism spectrum disorder.
House Human Services Committee
March 23, 2006, 8:00 a.m.
Stratton Office Building, Room D-1
Springfield, IL
SB 2195, chief sponsor, Senator Carol Ronen
Extends the availability of financial aid under the Aid to the Aged, Blind or Disabled (AABD) program (as provided for in the Illinois Public Aid Code) for persons who have been found ineligible for Supplemental Security Income (SSI) due to expiration of the period of eligibility for refugees and asylees under federal law until further notice from the General Assembly. These provisions are currently due to expire on July 1, 2006.
SB 2437, chief sponsor, Senator M. Maggie Crotty (Note: This bill was previously scheduled for hearing on 3-15-06, but was postponed)
Requires the Department of Human Services to implement a 3-year pilot project in Will County or southern Cook County for the operation of two CILA homes for adolescents diagnosed with autism.
SB 3010, chief sponsor, Senator John J. Cullerton
Amends the Abused and Neglected Long Term Care Facility Residents Reporting Act to provide that a person who is required to report allegations of abuse or neglect under the Act who willfully fails to comply with his or her reporting obligation is guilty of a Class A misdemeanor.
House Judiciary I - Civil Law Committee
March 23, 2006, 8:00 a.m.
Stratton Office Building, Room C-1
Springfield, IL
SB 2601, chief sponsor, Senator William R. Haine (Note: This bill was previously scheduled for hearing on 3-15-06, but was postponed)
Provides that if a principal of a power of attorney (POA) is incapacitated and the agent under the POA fails, within 21 days of being asked, to provide records of receipts, disbursements, and significant actions to an elder abuse provider agency, the State Long Term Care Ombudsman or the Inspector General of the Department of Human Services can petition the court to compel production of the documents. Failure to comply with the court's order for production, without good cause, may subject the agent to imposition of attorney's fees, costs and other relief.
House Appropriations - Human Services Committee
March 24, 2006, 8:30 a.m.
Capitol Building, Room 118
Springfield, IL
This Committee is not currently assigned to hear any legislation. However, the Committee will hold a subject matter hearing on this date on the following topic: Downstate Advocate testimony for the Illinois Department of Health Care and Family Services (formerly, the Department of Public Aid) and the Illinois Department of Human Services.
NOTE: If you wish to take any action regarding any of these bills, you may wish to attend the committee hearing and/or contact the sponsor(s) of the bill, the members of the committee hearing the bill, and/or the legislators in your home district. The names, addresses, and telephone numbers of all legislators, both Representatives and Senators, can be found on the Illinois General Assembly website. You may also check this website to find out if any of the committee hearing dates or times have been changed (which may happen upon very short notice) and to read the full text of the bills.
