Sec. 8.1. Admission to State-operated facilities for persons with developmental disabilities.
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Sec. 8.1. Admission to State-operated facilities for persons with developmental disabilities.
(a)For any individual or guardian, or both, if applicable, seeking admission for the individual to a State-operated facility for persons with developmental disabilities the individual must meet the following criteria in order to be approved for admission:
(1)the individual is at least 18 years of age;
(2)the individual and the individual's guardian, as applicable, have received,
attempted to receive, or received education regarding community-based services and supports;
(3)the individual meets the intermediate care facility level of care definition; and
(4)the individual meets all clinical eligibility requirements including having an
intellectual disability as defined in this Act.
(b)Upon admission to a State-operated facility for persons with developmental disabilities, the facility shall complete at least annual reviews of the individual's clinical need for continued services in order to determine if these needs are able to be met in a less restrictive setting. Comprehensive and integrated assessments shall be used to assist in determining the level of care and services most appropriate to meet the individual's needs.
(c)All individuals shall have the right to know their options for supports and shall be provided the opportunity to learn about the full spectrum of care, including the range of possible living environments available as provided by entities, including, but not limited to, State-operated facilities and case management agencies. If an individual indicates that the individual would like to move to a less restrictive environment, activities to explore and take steps regarding the range of options shall be provided to the individual and guardian, if applicable. The interdisciplinary team shall assist the individual and guardian, if applicable, to identify placements that are able to meet the individual's needs, excluding when there are severe safety concerns identified by the interdisciplinary team that cannot be easily mitigated with interventions that are commonly used in the community.
An individual's support plan shall include services to address identified needs if the individual is clinically determined to no longer meet the intermediate care facility level of care, or be at risk of harm to the individual or others. Thoughtful transition planning shall take place to assist with finding a less restrictive environment of the individual's choosing, and guardian's choosing, if applicable.