State of Illinois
90th General Assembly
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90_HB2628

      20 ILCS 1705/4.3          from Ch. 91 1/2, par. 100-4.3
          Amends the Mental Health and  Developmental  Disabilities
      Administrative  Act.    Provides  that  facilities  under the
      jurisdiction of the Department of  Human  Services  shall  be
      subject  to  a  site audit at least once during each 12-month
      period by the Department (now each biennium by  the  Citizens
      Council  on  Mental  Health  and Developmental Disabilities).
      Provides that the visit shall determine compliance  with  the
      statutes relating to patient care and Department policies and
      procedures   (now   Department   policies   and  procedures).
      Provides that visits shall be made to review and follow up on
      complaints made by legislators, mental health  organizations,
      and  advocates  (now  mental  health agencies and advocates).
      Provides that at least 3 non-profit organizations shall  have
      access  to  State-operated  facilities.   Provides  that  the
      purpose  of the access is to insure there will be independent
      assessments of each facility. Provides  that  the  Department
      shall   adopt  rules  governing  access  to  the  facilities.
      Provides that visits may be carried out upon the notification
      of a complaint.  Provides that review of a complaint shall be
      deferred until after the  Office  of  the  Inspector  General
      completes its investigation.   Effective immediately.
                                                     LRB9009149MWmg
                                               LRB9009149MWmg
 1        AN  ACT  to  amend  the  Mental  Health and Developmental
 2    Disabilities Administrative Act by changing Section 4.3.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section   5.    The   Mental   Health  and  Developmental
 6    Disabilities  Administrative  Act  is  amended  by   changing
 7    Section 4.3 as follows:
 8        (20 ILCS 1705/4.3) (from Ch. 91 1/2, par. 100-4.3)
 9        Sec. 4.3. Site visits and inspections.
10        (a)   Each   facility   under  the  jurisdiction  of  the
11    Department shall be subject to a site  visit  at  least  once
12    during  each 12-month period biennium by the Citizens Council
13    on Mental Health and Developmental Disabilities  as  provided
14    in Section 11A-7 of the Legislative Commission Reorganization
15    Act of 1984, as now or hereafter amended.
16        (b)  The  Department  shall  establish a system of annual
17    on-site inspections of each facility under its  jurisdiction.
18    The   inspections   shall  be  conducted  by  the  Department
19    Department's central office to:
20        (1)  Determine  facility  compliance  with  the  statutes
21    relating to patient care  and  the  Department  policies  and
22    procedures;
23        (2)  Determine    facility    compliance    with    audit
24    recommendations;
25        (3)  Evaluate facility compliance with applicable federal
26    standards;
27        (4)  Review   and   follow   up  on  complaints  made  by
28    legislators, community mental health  organizations  agencies
29    and  advocates, and on findings of the Human Rights Authority
30    division of the Guardianship and Advocacy Commission; and
31        (5)  Review  administrative   and   management   problems
                            -2-                LRB9009149MWmg
 1    identified by other sources.
 2        (c)  Before  January  30  of each even-numbered year, the
 3    Inspector General shall, with the advice of  the  Department,
 4    certify  at  least  3  non-profit organizations whose primary
 5    purpose is to improve the quality of mental  health  care  in
 6    State-operated facilities.  The certified organizations shall
 7    ensure  that those persons who have access under this Section
 8    comply with all statutory and regulatory provisions governing
 9    recipients' rights, confidentiality, privacy, and safety  and
10    that  any  individual  who  fails  to  comply  shall  not  be
11    permitted  to  continue  to  participate in assessments.  The
12    certified organizations shall ensure that  individuals  shall
13    not  be  permitted  to  participate  in  assessments  at  any
14    facility  at  which  their  presence  would  conflict  with a
15    recipient's right to refuse contact with  those  individuals.
16    The  Department  shall  adopt  rules  governing the certified
17    organization's access to the  facilities.   The  rules  shall
18    ensure  that  visits will be accomplished in a manner that is
19    not  disruptive  to  the  operation  of  the   State-operated
20    facility  and  shall  require that the organizations abide by
21    any clinically-dictated guidelines  imposed  by  the  Medical
22    Director  of  the  State-operated facility for conducting the
23    visits or  interviewing  individuals.   The  purpose  of  the
24    access is to insure there will be independent assessments for
25    each  State-operated  facility,  not to exceed 4 per year for
26    each facility.  However, additional visits may be carried out
27    upon the notification of a specific complaint.  In the  event
28    of  a  pending  investigation  by  the  Office  of  Inspector
29    General,  the  organization  shall  defer  its  review of the
30    complaint  until  after  the  Office  of  Inspector   General
31    completes  its investigation.  Under no circumstances shall a
32    site visitor take any action which may  impede  or  interfere
33    with  an  Office  of  Inspector  General investigation or any
34    criminal investigation being  conducted  by  State  or  local
                            -3-                LRB9009149MWmg
 1    police.   The access shall exclude all patient records unless
 2    the recipient has permitted the examination  of  his  or  her
 3    records   under   the   Mental   Health   and   Developmental
 4    Disabilities Confidentiality Act.
 5        The  Department  shall  adopt  rules  for  certifying the
 6    organizations and for establishing reasonable  standards  and
 7    procedures  for determining whether the organizations seeking
 8    certification provide appropriate training and supervision to
 9    those persons who will have access under the statute.
10        The reports of the assessments shall be provided  to  the
11    Department,  to  the Speaker of the House of Representatives,
12    the President of the  Senate,  the  Minority  Leader  of  the
13    Senate,  the Minority Leader of the House of Representatives,
14    and to others that the organizations may determine.  Under no
15    circumstances shall certification or access be denied due  to
16    a  disagreement by the Department with any positions taken by
17    the organizations with regard to public policy,  legislation,
18    or   regulation   concerning   mental  health  services,  the
19    operation  of,  or  the  quality  of  care  provided  by  the
20    Department or any mental health  provider.  Any  organization
21    suing  the  Department, using the visits to assist litigants,
22    failing to abide by the guidelines  imposed  by  the  Medical
23    Director of the facility, or otherwise failing to comply with
24    the requirements of the rules governing access shall have its
25    certification   revoked   by  the  Inspector  General.    The
26    Department  shall  adopt  rules  establishing  standards  and
27    procedures for internal review of  any  decision  denying  or
28    terminating  access  to any organization, including review by
29    the Director or his or her designee.  Any organization denied
30    access under this statute by an  administrative  decision  of
31    the  Director  or  his or her designee may have that decision
32    reviewed under the Administrative Review Act.
33        The assessments  shall  be  conducted  by  the  certified
34    organizations at no charge.
                            -4-                LRB9009149MWmg
 1    (Source: P.A. 86-1013.)
 2        Section  99.  Effective date.  This Act takes effect upon
 3    becoming law.

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