HB 5382

Abstract

Amends the Disabilities Services Act of 2003. Provides that the purpose of the Act is to further develop and implement (rather than create an advisory committee to develop and implement) a Disability Services Plan that ensures compliance by the State of Illinois with the Americans with Disabilities Act and the Olmstead decision. Sets forth that services to persons with disabilities shall be provided in the most integrated setting appropriate to the needs and choices of the person with the disability and his or her guardian in accordance with an individual service or treatment plan developed with the person with the disability. Defines "most integrated setting" to mean the 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 the disability and his or her guardian. Requires the comprehensive evaluation and diagnosis of a person determined probably eligible for disability services to include an assessment of skills, abilities, and potential for community residential placement from among a full array of residential options, including in-home supports, job training, and work placement (now, potential for residential and work placement). Changes the requirements for the services provided to persons with disabilities including: family or individual support services, residential services, education, vocational habilitation and rehabilitation, employment, independent service coordination, mental health supports, and assistive technology devices and services for persons with disabilities. Authorizes the advisory committee to consult with other State officials when their expertise and resources are relevant to the resolution of a particular issue. Sets forth that the Governor, with the assistance of the advisory committee and the Secretary of Human Services, shall submit the Disability Services Plan to the General Assembly by March 31, 2006 (now, Governor responsible for the completion of the plan). Provides for annual reports of changes to the Plan to the General Assembly. Sets forth certain requirements for the Disability Services Plan. Provides due process protections for a person claiming to be aggrieved by a determination of an agency regarding eligibility for a disability service, the provision of a disability service, or a change in or termination of a disability service under the Act. Sets forth that a person with a disability shall not be denied a disability service because of sex, race, religion, ethnic origin, marital status, ability to pay (except where contrary to law), or criminal record. Makes other changes. Effective immediately.