Legislative Update for May 18, 2007
The following are some of the more significant disability related bills filed in the Illinois General Assembly this session which are scheduled to be heard in committee during the week of May 21, 2007:
House Disability Services Committee
May 23, 2007, 8:30 a.m.
Capitol Building, Room 122B
Springfield, IL
HR 113, chief sponsor, Representative Kathleen A. Ryg
Urges that certain sums be allocated under the Children's Mental Health Partnership line items in appropriations to the Illinois State Board of Education, the Department of Human Services, the Department of Children and Family Services, and the Illinois Violence Prevention Authority.
SB 284, chief sponsor, Representative Dennis M. Reboletti
Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that, subject to appropriation, the Department of Children and Family Services shall implement a project in 3 separate geographical areas of the State for the operation of 3 CILA homes for adolescents diagnosed with autism. Requires that a single service provider operate all 3 homes and have on its staff a behavior therapist.
SB 765, chief sponsor, Representative Kathleen A. Ryg
Amends the Disability Services Act of 2003 by adding a new Article (3) entitled, Olmstead Implementation Act. Provides that an eligible individual has the right to have an amount equal to the amount of public funds that are, or would have been, expended for his or her care in a long term care (LTC) facility available to pay for his or her home and community-based long term care services in a qualified residence. Defines an "eligible individual" as a person of any age in Illinois: who has resided for at least 6 months in a long term care facility; who is receiving Medicaid benefits for inpatient services furnished by a LTC facility; for whom it has been determined that, but for the provision of home and community-based LTC services, the person would continue to require the level of care provided in a LTC facility; who is deemed appropriate by an interdisciplinary team for home and community-based services; and who wants to transfer from a LTC facility to a qualified residence. However, for purposes of the Act, the term "eligible individual" does not include a person with a disability receiving acute care mental health treatment in a state-operated mental health center for less than 30 consecutive days or a person committed to a state-operated mental health forensic program or developmental center forensic program. Sets forth a formula to determine the amount of public funds that are available for each eligible individual. Provides that savings must be deposited into the Olmstead Implementation Fund and the Older Adult Services Fund, based on a formula determined by the Departments of Human Services, Aging, Children and Family Services, Healthcare and Family Services and Public Health. Creates the Older Adult Services Fund. Amends the State Finance Act to make conforming changes. Makes other changes.
SB 1245, chief sponsor, Representative Kathleen A. Ryg
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services (DHS) shall establish a system of regular and ongoing (instead of annual) on-site inspections, including unannounced visits, of each facility in its jurisdiction. Provides that the inspections shall be conducted to identify and prevent abuse and neglect (in addition to the other existing objectives of inspections). Provides that DHS shall study current and potential uses of closed circuit television monitoring and recording within certain institutions for the purpose of preventing and identifying abuse and neglect, and must report to the General Assembly on the findings of the study.
SB 1368, chief sponsor, Representative Careen M. Gordon
Amends the Department of Human Services Act and the Abused and Neglected Long Term Care Facility Residents Reporting Act. Transfers provisions concerning the Office of the Inspector General within the Department of Human Services from the Abused and Neglected Long Term Care Facility Residents Reporting Act to the Department of Human Services Act. Also provides that the Inspector General shall establish and conduct periodic training programs for community agency employees concerning the prevention and reporting of neglect and abuse. Amends the Nursing Home Care Act to make conforming changes. Also changes references to the Department of Public Health's "nurse aide registry" to "health care worker registry", and amends the Mental Health and Developmental Disabilities Administrative Act and the Health Care Worker Background Check Act to make conforming changes.
SB 1664, chief sponsor, Representative Esther Golar
Amends the Community Services Act. Changes references from "disabled person" to "person with a disability". Provides that a shift from State-provided services to community services should be acknowledged by the State as a clear priority in funding that values community services and supports for persons who choose to live and work in those settings. Provides that community residential alternatives to institutional settings include Intermediate Care Facilities for the Developmentally Disabled and Long Term Care for Under Age 22 facilities. Requires the Governor to appoint a commission by July 1, 2007, or as soon thereafter as possible, to prioritize a strategy for identifying a stream of revenue to address gaps and prioritize use of that revenue on rates and reimbursements for community services and supports. Provides that the commission shall have representation from the Department of Human Services, the General Assembly, persons with disabilities and mental illness, community providers, unions, and trade associations. Provides that the rate and reimbursement methodologies must reflect the cost of providing services and supports, recognize individual disability needs, and consider geographic differences, transportation costs, required staffing ratios, and mandates not currently funded. Makes other changes.
House Judiciary II-Criminal Law Committee
May 24, 2007, 9:00 a.m.
Stratton Building, Room D-1
Springfield, IL
SB 1418, chief sponsor, Representative Robert S. Molaro
Amends the Code of Criminal Procedure of 1963. Provides that involuntary medication may be administered to an adult defendant without the informed consent of the defendant by order of the circuit court in accordance with specified procedures and standards. Further provides that authorized involuntary medication shall not be administered to a defendant unless it has been determined by clear and convincing evidence that the seriousness of the charge, need for timely adjudication of guilt, and risk of unadjudicated release if not tried has been taken into consideration. Provides that a defendant in the custody of the Department of Human Services may also be administered medication as provided in the Mental Health and Developmental Disabilities Code. Provides that a defendant in the custody of the Department of Corrections (DOC) may also be administered medication as provided in the rules and regulations of DOC.
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 at: www.ilga.gov. 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.
