Legislative Update for March 2, 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 March 5, 2007:
Senate Human Services Committee
March 7, 2007, 9:00 a.m.
Room 400, Capitol Building
SB 234, chief sponsor, Senator Dale A. Righter
Amends the Mental Health and Developmental Disabilities Code. Provides that "person subject to involuntary admission" includes (i) a person with mental illness and who because of his or her illness is reasonably expected to engage in dangerous conduct (instead of reasonably expected to inflict serious physical harm upon himself or herself or another in the near future) and (ii) a person with mental illness who, because of the nature of his or her illness, is unable to understand his or her need for treatment and who, if not treated, is reasonably expected to suffer or continue to suffer mental deterioration or emotional deterioration, or both, to the point that the person is reasonably expected to engage in dangerous conduct. Defines "dangerous conduct" as threatening behavior or conduct that places another individual in reasonable expectation of being harmed, or a person's inability to provide, without the assistance of family or outside help, for his or her basic physical needs so as to guard himself or herself from serious harm.
SB 574, chief sponsor, Senator A. J. Wilhelmi
Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that the Department of Human Services shall require that any agency operating a community-integrated living arrangement must provide adequate nursing services to all recipients. Requires the Department to establish graduated standards of basic nursing services that correspond to recipients' ranges of Health Care Levels as reflected in the Health Risk Screening Tool; also requires the Department to establish standards for staffing ratios of Registered Nurses to Direct Support Personnel and Registered Nurses to Licensed Practical Nurses in accordance with a recipient's Health Care Level.
SB 581, chief sponsor, Senator A.J. Wilhelmi
Amends the Developmental Disability and Mental Disability Services Act. Provides for a Community Residential Choices Program to allow a person with a developmental disability to participate in a community-based residential program where he or she is grouped in a home with no more than 3 roommates, each of whom has a developmental disability, whose disabilities, service needs, ages, and gender are compatible. For the State fiscal year beginning July 1, 2007, requires the Department of Human Services to establish Community Residential Choices Program sites in geographic locations throughout the State. Provides that for the State fiscal year beginning July 1, 2007, the Department shall make non-crisis placement slots available to no fewer than 80 persons; for the State fiscal years beginning on July 1, 2008 and July 1, 2009, the Department shall establish non-crisis placement slots for an additional 80 persons each year.
SB 1245, chief sponsor, Senator Terry Link
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall establish a system of regular and ongoing on-site inspections of each facility under its jurisdiction including surveillance procedures designed to identify and prevent abuse and neglect. Provides that the surveillance procedures must include, but not be limited to, the use of security cameras and the use of persons to perform covert investigations of the daily operation of the facility.
SB 1628, chief sponsor, Senator Carole Pankau
Amends the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to apply for an appropriate waiver of federal law and regulations in order to provide medical assistance coverage for home and community-based services for children under age 18 with autism.
Senate Education Committee
March 7, 2007, 2:30 p.m.
Room 212, Capitol Building
SB 396, chief sponsor, Senator Deanna Demuzio
Amends the Children with Disabilities Article of the School Code. Provides that when a child who is eligible for special education reaches the age of 18 years, rights accorded to the child's parents transfer to the child. Provides that rights shall not transfer from the parents to the child if the child has been determined to be incompetent under State law or the child has not been determined to be incompetent, but does not have the ability to provide informed consent with respect to the child's educational program. Requires the State Board of Education to adopt rules establishing criteria for school districts to determine if a child lacks the ability to provide informed consent and uniform procedures for allowing the parents of the child, another adult caregiver, or another responsible adult to exercise rights on behalf of the child.
SB 398, chief sponsor, Senator Deanna Demuzio
Amends the School Code with respect to special education classes for children from orphanages, foster family homes, children's homes, or in-State housing units. In a provision that allows reimbursement for the costs of educating a disabled student who is placed residentially by a State agency or the courts for care or custody, welfare, medical or mental health treatment, rehabilitation, and protection, provides that it is the intent of that provision that school districts be reimbursed for the eligible costs of educating all disabled students residentially placed by a State agency or the courts or placed and paid for by a State agency for any of the reasons listed.
House Insurance Committee
March 6, 2007, 2:00 p.m.
Room D-1, Stratton Building
HB 953, chief sponsor, Representative Lou Lang
Amends the Illinois Insurance Code. Requires coverage of treatment for mental, emotional, or nervous disorders or conditions by a licensed marriage and family therapist when the insurance covers mental, emotional, or nervous disorders or conditions.
House Health Care Availability and Accessibility Committee
March 6, 2007, 4:00 p.m.
Room D-1, Stratton Building
HB 1432, chief sponsor, Representative Fred Crespo
Amends the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Illinois Insurance Code, the Health Maintenance Organization Act, and the Voluntary Health Services Plan Act to provide coverage for eating disorder treatments.
House Human Services Committee
March 7, 2007, 8:00 a.m.
Room D-1, Stratton Building
HB 1561, chief sponsor, Representative Greg Harris
Amends the Illinois Public Aid Code. In provisions concerning the Medicaid "buy-in" program for workers with disabilities, provides that in determining the income and assets available to the person with a disability and to that person's spouse, the Department of Healthcare and Family Services shall ensure that the income and asset allowances for the spouse shall be established and maintained at the maximum level permitted under the Social Security Act provisions concerning income and asset allowances for community spouses.
HB 3511, chief sponsor, Representative Bill Mitchell
Creates the Amniotic Stem Cell Research Act. Authorizes the State, units of local government, school districts, and community college districts to use or allow the use of public funds, property, or credit for stem-cell research. Defines "stem-cell research" as research involving the derivation and use of amniotic stem cells from any source, excluding somatic cell nuclear transplantation. Preempts home rule powers.
HB 3517, chief sponsor, Representative Ruth Munson
Amends the Early Intervention Services System Act. Provides that for purposes of the Act, "eligible infants and toddlers" (that is, infants and toddlers who are eligible for services under the Act) also means infants and toddlers under 48 (instead of 36) months of age who have been diagnosed with autism.
House Judiciary I-Civil Law Committee
March 7, 2007, 9:00 a.m.
Room C-1, Stratton Building
HB 3455, chief sponsor, Representative Patricia R. Bellock
Amends the Mental Health and Developmental Disabilities Code. Changes references from "authorized involuntary treatment" to "electroconvulsive therapy or psychotropic medication". Provides that an adult recipient of mental health services, or the recipient's guardian, and the recipient's substitute decision maker must be informed of the recipient's right to refuse electroconvulsive therapy. Provides that a court may, in its discretion, appoint a guardian ad litem for a recipient before the court or authorize an existing guardian of the person to monitor treatment and compliance with court orders in connection with the administration of psychotropic medication and electroconvulsive therapy. Provides that upon the commencement of mental health services, or as soon thereafter as the condition of the recipient permits, the facility must advise the recipient as to the circumstances under which the law permits the use of electroconvulsive therapy.
House Disability Services Committee
March 7, 2007, 4:00 p.m.
Room 122B, Capitol Building
HB 1435, chief sponsor, Representative Patricia R. Bellock
Amends the Children's Mental Health Act of 2003. Provides that any screening services provided under the Children's Mental Health Plan must be voluntary and conducted with parental consent and in accordance with the Mental Health and Developmental Disabilities Code.
HB 1452, chief sponsor, Representative Robert W. Pritchard
Amends the Mental Health and Developmental Disabilities Code. In provisions concerning a required written statement that a minor meets the standard for admission to a mental health facility, provides that a clinical professional counselor who has personally examined the minor may make such a statement. Provides that if a court finds, based on the evaluation by a licensed clinical professional counselor, that it is necessary in order to complete an examination of a minor, the court may order that the minor be admitted to a mental health facility pending examination and may order a peace officer or other person to take the minor into custody and transport the minor to the facility.
HB 1535, chief sponsor, Representative Rosemary Mulligan
Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services (DHS), or independent contractual consultants engaged by DHS, to research possible funding streams for the development and implementation of services for adults with autism spectrum disorders without mental retardation. Requires DHS to report the results of its research and recommendations to the Governor and General Assembly.
HB 1645, chief sponsor, Representative Kathleen A. Ryg
Amends the Disabilities Services Act of 2003. Provides that 2 members of the Illinois House of Representatives and 2 members of the Illinois Senate shall serve as non-voting members of the advisory committee established to assist in the implementation of a disabilities services plan. Provides that other State officials may be invited to participate in the committee. Deletes a provision requiring the Director of Employment Security or his or her designee to serve as an ex-officio non-voting member of the committee. Provides that the committee shall select co-chairs and may select other officers (now, the committee selects a chair and a vice-chair). Requires implementation of the disability services plan by July 1, 2007 (instead of July 1, 2005). Provides that the advisory committee shall assist the Governor with annual updates of the plan. Requires annual updates until 2010.
HB 1796, chief sponsor, Representative Harry Osterman
Amends the Motor Fuel Sales Act. Repeals language providing that the Act does not apply to gasoline or service stations offering motor fuel for sale only at self-service islands. Requires a station that offers motor fuel for sale only at self-service islands to provide at one or more islands a calling device that allows a person with a decal, a device, or registration plates issued to a person with disabilities to request assistance in dispensing motor fuel. Sets forth requirements for the calling device and signage. Provides that the station may not impose an additional charge for the assistance in dispensing motor fuel. Sets forth circumstances under which: (i) a station is not required to provide a calling device or (ii) a station is required to provide a calling device only during certain hours. Provides that the requirements of the Act do not apply if the driver or a passenger is reasonably capable of dispensing motor fuel. Provides that a gasoline station owner who violates either of these provisions is guilty of a petty offense and subject to a fine of not less than $300 and not more than $600.
HB 2002, chief sponsor, Representative James D. Brosnahan
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.
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.