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Public Act 100-0058
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| HB2452 Enrolled | LRB100 08258 MJP 18358 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Community-Integrated Living Arrangements |
Licensure and
Certification Act is amended by changing Section |
4 as follows:
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(210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
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Sec. 4.
(a) Any community mental health or developmental |
services agency who
wishes to develop and support a variety of |
community-integrated living
arrangements may do so pursuant to |
a license issued by the Department under this Act.
However, |
programs established under or otherwise subject to the Child
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Care Act of 1969, the Nursing Home Care Act, the Specialized |
Mental Health Rehabilitation Act of 2013, the ID/DD Community |
Care Act, or the MC/DD Act, as now or
hereafter amended, shall |
remain
subject thereto, and this Act shall not be construed to |
limit the
application of those Acts.
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(b) The system of licensure established under this Act |
shall be for the purposes of:
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(1) Insuring that all recipients residing in |
community-integrated living
arrangements are receiving |
appropriate community-based services, including
treatment, |
training and habilitation or rehabilitation;
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(2) Insuring that recipients' rights are protected and |
that all programs
provided to and placements arranged for
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recipients comply with this Act, the Mental Health and |
Developmental
Disabilities Code, and applicable Department |
rules and regulations;
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(3) Maintaining the integrity of communities by |
requiring regular
monitoring and inspection of placements |
and other services provided in
community-integrated living |
arrangements.
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The licensure system shall be administered by a quality |
assurance unit
within the Department which shall be |
administratively independent of units
responsible for funding |
of agencies or community services.
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(c) As a condition of being licensed by the Department as a |
community
mental health or developmental services agency under |
this Act, the agency
shall certify to the Department that:
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(1) All recipients residing in community-integrated |
living arrangements
are receiving appropriate |
community-based services, including treatment,
training |
and habilitation or rehabilitation;
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(2) All programs provided to and placements arranged |
for recipients are
supervised by the agency; and
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(3) All programs provided to and placements arranged |
for recipients
comply with this Act, the Mental Health and |
Developmental Disabilities
Code, and applicable Department |
rules and regulations.
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(d) An applicant for licensure as a community mental health |
or
developmental services agency under this Act shall submit an |
application
pursuant to the application process established by |
the Department by rule
and shall pay an application fee in an |
amount established by the
Department, which amount shall not be |
more than $200.
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(e) If an applicant meets the requirements established by |
the Department
to be licensed as a community mental health or |
developmental services
agency under this Act, after payment of |
the licensing fee, the Department
shall issue a license valid |
for 3 years from the date thereof unless
suspended or revoked |
by the Department or voluntarily surrendered by the agency.
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(f) Upon application to the Department, the Department may |
issue a
temporary permit to an applicant for a 6-month period |
to allow the holder
of such permit reasonable time to become |
eligible for a license under this Act.
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(g)(1) The Department may conduct site visits to an agency |
licensed under this
Act, or to any program or placement |
certified by the agency, and inspect
the records or premises, |
or both, of such agency, program or placement as
it deems |
appropriate, for the
purpose of determining compliance with |
this Act, the Mental Health and
Developmental Disabilities |
Code, and applicable Department rules and regulations. The |
Department shall conduct inspections of the records and |
premises of each community-integrated living arrangement |
certified under this Act at least once every 2 years.
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(2) If the Department determines that an agency licensed |
under this Act
is not in compliance with this Act or the rules |
and regulations promulgated
under this Act, the Department |
shall serve a notice of violation
upon the licensee. Each |
notice of violation shall be prepared in writing
and shall |
specify the nature of the violation, the statutory provision or
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rule alleged to have been violated, and that the licensee
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submit a plan of correction to the Department if required. The |
notice shall also
inform the licensee of any other action which |
the Department might take
pursuant to this Act and of the right |
to a hearing.
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(g-5) As determined by the Department, a disproportionate |
number or percentage of licensure complaints; a |
disproportionate number or percentage of substantiated cases |
of abuse, neglect, or exploitation involving an agency; an |
apparent unnatural death of an individual served by an agency; |
any egregious or life-threatening abuse or neglect within an |
agency; or any other significant event as determined by the |
Department shall initiate a review of the agency's license by |
the Department, as well as a review of its service agreement |
for funding. The Department shall adopt rules to establish the |
process by which the determination to initiate a review shall |
be made and the timeframe to initiate a review upon the making |
of such determination. |
(h) Upon the expiration of any license issued under this |
Act, a license
renewal application shall be required of and a |