Bill Amendment: IL HB4836 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: MHDDSA-ONE'S OWN HOME-DEFINED

Status: 2019-01-08 - Session Sine Die [HB4836 Detail]

Download: Illinois-2017-HB4836-House_Amendment_002.html

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Rep. Jeanne M Ives

Filed: 4/20/2018

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AMENDMENT TO HOUSE BILL 4836
AMENDMENT NO. ______. Amend House Bill 4836 by replacing
everything after the enacting clause with the following:
"Section 5. The Developmental Disability and Mental
Disability Services Act is amended by changing Section 2-3 as
follows:
(405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)
Sec. 2-3. As used in this Article, unless the context
requires otherwise:
(a) "Agency" means an agency or entity licensed by the
Department pursuant to this Article or pursuant to the
Community Residential Alternatives Licensing Act.
(b) "Department" means the Department of Human Services, as
successor to the Department of Mental Health and Developmental
Disabilities.
(c) "Home-based services" means services provided to an

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adult with a mental disability who lives in his or her own
home. These services include but are not limited to:
(1) home health services;
(2) case management;
(3) crisis management;
(4) training and assistance in self-care;
(5) personal care services;
(6) habilitation and rehabilitation services;
(7) employment-related services;
(8) respite care; and
(9) other skill training that enables a person to
become self-supporting.
(d) "Legal guardian" means a person appointed by a court of
competent jurisdiction to exercise certain powers on behalf of
an adult with a mental disability.
(e) "Adult with a mental disability" means a person over
the age of 18 years who lives in his or her own home; who needs
home-based services, but does not require 24-hour-a-day
supervision; and who has one of the following conditions:
severe autism, severe mental illness, a severe or profound
intellectual disability, or severe and multiple impairments.
(f) In one's "own home" means that an adult with a mental
disability lives alone; or that an adult with a mental
disability is in full-time residence with his or her parents,
legal guardian, or other relatives; or that an adult with a
mental disability is in full-time residence in a setting not

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subject to licensure under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
Community Care Act, the MC/DD Act, or the Child Care Act of
1969, as now or hereafter amended, with 3 or fewer other adults
unrelated to the adult with a mental disability who do not
provide home-based services to the adult with a mental
disability, or a facility licensed by a unit of local
government authority with 4 or 5 other adults unrelated to the
adult with a mental disability who do not provide home-based
services to the adult with a mental disability.
(g) "Parent" means the biological or adoptive parent of an
adult with a mental disability, or a person licensed as a
foster parent under the laws of this State who acts as a foster
parent to an adult with a mental disability.
(h) "Relative" means any of the following relationships by
blood, marriage or adoption: parent, son, daughter, brother,
sister, grandparent, uncle, aunt, nephew, niece, great
grandparent, great uncle, great aunt, stepbrother, stepsister,
stepson, stepdaughter, stepparent or first cousin.
(i) "Severe autism" means a lifelong developmental
disability which is typically manifested before 30 months of
age and is characterized by severe disturbances in reciprocal
social interactions; verbal and nonverbal communication and
imaginative activity; and repertoire of activities and
interests. A person shall be determined severely autistic, for
purposes of this Article, if both of the following are present:

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(1) Diagnosis consistent with the criteria for
autistic disorder in the current edition of the Diagnostic
and Statistical Manual of Mental Disorders.
(2) Severe disturbances in reciprocal social
interactions; verbal and nonverbal communication and
imaginative activity; repertoire of activities and
interests. A determination of severe autism shall be based
upon a comprehensive, documented assessment with an
evaluation by a licensed clinical psychologist or
psychiatrist. A determination of severe autism shall not be
based solely on behaviors relating to environmental,
cultural or economic differences.
(j) "Severe mental illness" means the manifestation of all
of the following characteristics:
(1) A primary diagnosis of one of the major mental
disorders in the current edition of the Diagnostic and
Statistical Manual of Mental Disorders listed below:
(A) Schizophrenia disorder.
(B) Delusional disorder.
(C) Schizo-affective disorder.
(D) Bipolar affective disorder.
(E) Atypical psychosis.
(F) Major depression, recurrent.
(2) The individual's mental illness must substantially
impair his or her functioning in at least 2 of the
following areas:

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(A) Self-maintenance.
(B) Social functioning.
(C) Activities of community living.
(D) Work skills.
(3) Disability must be present or expected to be
present for at least one year.
A determination of severe mental illness shall be based
upon a comprehensive, documented assessment with an evaluation
by a licensed clinical psychologist or psychiatrist, and shall
not be based solely on behaviors relating to environmental,
cultural or economic differences.
(k) "Severe or profound intellectual disability" means a
manifestation of all of the following characteristics:
(1) A diagnosis which meets Classification in Mental
Retardation or criteria in the current edition of the
Diagnostic and Statistical Manual of Mental Disorders for
severe or profound mental retardation (an IQ of 40 or
below). This must be measured by a standardized instrument
for general intellectual functioning.
(2) A severe or profound level of disturbed adaptive
behavior. This must be measured by a standardized adaptive
behavior scale or informal appraisal by the professional in
keeping with illustrations in Classification in Mental
Retardation, 1983.
(3) Disability diagnosed before age of 18.
A determination of a severe or profound intellectual

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disability shall be based upon a comprehensive, documented
assessment with an evaluation by a licensed clinical
psychologist or certified school psychologist or a
psychiatrist, and shall not be based solely on behaviors
relating to environmental, cultural or economic differences.
(l) "Severe and multiple impairments" means the
manifestation of all of the following characteristics:
(1) The evaluation determines the presence of a
developmental disability which is expected to continue
indefinitely, constitutes a substantial disability and is
attributable to any of the following:
(A) Intellectual disability, which is defined as
general intellectual functioning that is 2 or more
standard deviations below the mean concurrent with
impairment of adaptive behavior which is 2 or more
standard deviations below the mean. Assessment of the
individual's intellectual functioning must be measured
by a standardized instrument for general intellectual
functioning.
(B) Cerebral palsy.
(C) Epilepsy.
(D) Autism.
(E) Any other condition which results in
impairment similar to that caused by an intellectual
disability and which requires services similar to
those required by persons with intellectual

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disabilities.
(2) The evaluation determines multiple disabilities in
physical, sensory, behavioral or cognitive functioning
which constitute a severe or profound impairment
attributable to one or more of the following:
(A) Physical functioning, which severely impairs
the individual's motor performance that may be due to:
(i) Neurological, psychological or physical
involvement resulting in a variety of disabling
conditions such as hemiplegia, quadriplegia or
ataxia,
(ii) Severe organ systems involvement such as
congenital heart defect,
(iii) Physical abnormalities resulting in the
individual being non-mobile and non-ambulatory or
confined to bed and receiving assistance in
transferring, or
(iv) The need for regular medical or nursing
supervision such as gastrostomy care and feeding.
Assessment of physical functioning must be based
on clinical medical assessment by a physician licensed
to practice medicine in all its branches, using the
appropriate instruments, techniques and standards of
measurement required by the professional.
(B) Sensory, which involves severe restriction due
to hearing or visual impairment limiting the

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individual's movement and creating dependence in
completing most daily activities. Hearing impairment
is defined as a loss of 70 decibels aided or speech
discrimination of less than 50% aided. Visual
impairment is defined as 20/200 corrected in the better
eye or a visual field of 20 degrees or less. Sensory
functioning must be based on clinical medical
assessment by a physician licensed to practice
medicine in all its branches using the appropriate
instruments, techniques and standards of measurement
required by the professional.
(C) Behavioral, which involves behavior that is
maladaptive and presents a danger to self or others, is
destructive to property by deliberately breaking,
destroying or defacing objects, is disruptive by
fighting, or has other socially offensive behaviors in
sufficient frequency or severity to seriously limit
social integration. Assessment of behavioral
functioning may be measured by a standardized scale or
informal appraisal by a clinical psychologist or
psychiatrist.
(D) Cognitive, which involves intellectual
functioning at a measured IQ of 70 or below. Assessment
of cognitive functioning must be measured by a
standardized instrument for general intelligence.
(3) The evaluation determines that development is

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substantially less than expected for the age in cognitive,
affective or psychomotor behavior as follows:
(A) Cognitive, which involves intellectual
functioning at a measured IQ of 70 or below. Assessment
of cognitive functioning must be measured by a
standardized instrument for general intelligence.
(B) Affective behavior, which involves over and
under responding to stimuli in the environment and may
be observed in mood, attention to awareness, or in
behaviors such as euphoria, anger or sadness that
seriously limit integration into society. Affective
behavior must be based on clinical assessment using the
appropriate instruments, techniques and standards of
measurement required by the professional.
(C) Psychomotor, which includes a severe
developmental delay in fine or gross motor skills so
that development in self-care, social interaction,
communication or physical activity will be greatly
delayed or restricted.
(4) A determination that the disability originated
before the age of 18 years.
A determination of severe and multiple impairments shall be
based upon a comprehensive, documented assessment with an
evaluation by a licensed clinical psychologist or
psychiatrist.
If the examiner is a licensed clinical psychologist,

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ancillary evaluation of physical impairment, cerebral palsy or
epilepsy must be made by a physician licensed to practice
medicine in all its branches.
Regardless of the discipline of the examiner, ancillary
evaluation of visual impairment must be made by an
ophthalmologist or a licensed optometrist.
Regardless of the discipline of the examiner, ancillary
evaluation of hearing impairment must be made by an
otolaryngologist or an audiologist with a certificate of
clinical competency.
The only exception to the above is in the case of a person
with cerebral palsy or epilepsy who, according to the
eligibility criteria listed below, has multiple impairments
which are only physical and sensory. In such a case, a
physician licensed to practice medicine in all its branches may
serve as the examiner.
(m) "Twenty-four-hour-a-day supervision" means
24-hour-a-day care by a trained mental health or developmental
disability professional on an ongoing basis.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)".