(a) The purpose of this Article is to promote greater compatibility among individuals with developmental disabilities who live together by allowing individuals with developmental disabilities who meet either the emergency or critical need criteria of the Department of Human Services as defined under the Department’s developmental disabilities cross-disability database (as required by Section 10-26 of the Department of Human Services Act), and who also meet the Department’s developmental disabilities priority population criteria for residential services as defined in the Department’s developmental disabilities Community Services Agreement and whose parents are over the age of 60, to choose to live together in a community-based residential program.
     (b) For purposes of this Article:

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Terms Used In Illinois Compiled Statutes 405 ILCS 80/6-1

  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.

     “Community-based residential program” means one of a variety of living arrangements for persons with developmental disabilities, including existing settings such as community-integrated living arrangements, and may also include newly developed settings that are consistent with this definition.
     “Developmental disability” may include an autism spectrum disorder.
     (c) A person diagnosed with an autism spectrum disorder may be assessed for eligibility for services under Home and Community-Based Services Waivers for persons with developmental disabilities without regard to whether that person is also diagnosed with an intellectual disability, so long as the person otherwise meets applicable level-of-care criteria under those waivers. This provision does not create any new entitlement to a service, program, or benefit, but shall not affect any entitlement to a service, program, or benefit created by any other law.