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Public Act 100-0694
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| HB5636 Enrolled | LRB100 20699 RLC 36160 b |
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AN ACT concerning health.
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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 Protection and Advocacy for Persons with |
Developmental
Disabilities Act is amended by changing Section 1 |
as follows:
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(405 ILCS 40/1) (from Ch. 91 1/2, par. 1151)
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Sec. 1.
The Governor may designate a private not-for-profit |
corporation as
the agency to administer a State plan to protect |
and advocate the rights of
persons with developmental |
disabilities pursuant to the requirements of the
federal |
Developmental Disabilities Assistance and Bill of Rights Act, |
42 U.S.C.
6001 to 6081, as now or hereafter amended. The |
designated
agency may pursue legal, administrative, and other |
appropriate remedies to
ensure the protection of the rights of |
such persons who are receiving
treatment, services or |
habilitation within this State. The agency
designated by the |
Governor shall be independent of any agency which
provides |
treatment, services, guardianship, or habilitation to persons |
with
developmental disabilities, and such agency shall not be |
administered by
the Governor's Planning Council on |
Developmental Disabilities or any
successor State Planning |
Council organized pursuant to federal law.
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The designated agency may receive and expend funds to |
protect and advocate
the rights of persons with developmental |
disabilities. In order to properly
exercise its powers and |
duties, such agency shall have access to developmental
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disability facilities and mental health facilities, as defined |
under Sections
1-107 and 1-114 of the Mental Health and |
Developmental Disabilities Code, and
facilities as defined in |
Section 1-113 of the Nursing Home Care Act, Section 1-113 of |
the ID/DD Community Care Act, or Section 1-113 of the MC/DD |
Act, and community-integrated living arrangements as defined |
in Section 3 of the Community-Integrated Living Arrangements |
Licensure and Certification Act. Such
access shall be granted |
for the purposes of meeting with residents and staff,
informing |
them of services available from the agency, distributing |
written
information about the agency and the rights of persons |
with developmental
disabilities, conducting scheduled and |
unscheduled visits, and performing other
activities designed |
to protect the rights of persons with developmental
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disabilities. The agency also shall have access, for the |
purpose of inspection
and copying, to the records of a person |
with developmental disabilities who
resides in any such |
facility subject to the limitations of this Act, the Mental
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Health and Developmental Disabilities Confidentiality Act, the |
Nursing Home
Care Act, the ID/DD Community Care Act, and the |
MC/DD Act. The agency also shall have access, for the purpose |
of inspection and
copying, to the records of a person with |
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developmental disabilities who resides
in any such facility if |
(1) a complaint is received by the agency from or on
behalf of |
the person with a developmental disability, and (2) such person |
does
not have a legal guardian or the State or the designee of |
the State is the
legal guardian of such person. The designated |
agency shall provide written
notice to the person with |
developmental disabilities and the State guardian of
the nature |
of the complaint based upon which the designated agency has |
gained
access to the records. No record or the contents of any |
record shall be
redisclosed by the designated agency unless the |
person with developmental
disabilities and the State guardian |
are provided 7 days advance written notice,
except in emergency |
situations, of the designated agency's intent to redisclose
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such record, during which time the person with developmental |
disabilities or
the State guardian may seek to judicially |
enjoin the designated agency's
redisclosure of such record on |
the grounds that such redisclosure is contrary
to the interests |
of the person with developmental disabilities. Any person who
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in good faith complains to the designated agency on behalf of a |
person with
developmental disabilities, or provides |
information or participates in the
investigation of any such |
complaint shall have immunity from any liability,
civil, |
criminal or otherwise, and shall not be subject to any |
penalties,
sanctions, restrictions or retaliation as a |
consequence of making such
complaint, providing such |
information or participating in such investigation.
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Upon request, the designated agency shall be entitled to |
inspect and copy
any records or other materials which may |
further the agency's investigation
of problems affecting |
numbers of persons with developmental disabilities. When
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required by law any personally identifiable information of |
persons with
developmental disabilities shall be removed from |
the records.
However, the designated agency may not inspect or |
copy any records or other
materials when the removal of |
personally identifiable information imposes
an unreasonable |
burden on mental health and developmental disabilities
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facilities pursuant to the Mental Health and Developmental |
Disabilities
Code or facilities as defined in the Nursing Home |
Care Act, the ID/DD Community Care Act, or the MC/DD Act.
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The Governor shall not redesignate the agency to administer |
the State
plan to protect and advocate the rights of persons |
with developmental
disabilities unless there is good cause for |
the redesignation and unless
notice of the intent to make such |
redesignation is given to persons with
developmental |
disabilities or their representatives, the federal Secretary
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of Health and Human Services, and the General Assembly at least |
60 days
prior thereto.
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The designated agency shall submit to the Department of |
Human Services an annual report to be made available to
the |
public. The annual report shall include, but is not limited to: |
(1) how many visits were made by the designated agency |
to developmental
disability facilities in the year |
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preceding the report; |
(2) which community provider agencies or |
State-operated developmental centers were visited in the |
year preceding the report; and |
(3) the nature of each visit, such as meeting with |
residents and staff of the developmental
disability |
facility,
distributing written information to the |
developmental
disability facility, or whether the visit |
was scheduled or unscheduled. |
As used in this Act, the term "developmental disability" |
means a severe,
chronic disability of a person which:
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(A) is attributable to a mental or physical impairment |
or combination of
mental and physical impairments;
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(B) is manifested before the person attains age 22;
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(C) is likely to continue indefinitely;
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(D) results in substantial functional limitations in 3 |
or more of the
following areas of major life activity: (i) |
self-care, (ii) receptive and
expressive language, (iii) |
learning, (iv) mobility, (v) self-direction,
(vi) capacity |
for independent living, and (vii) economic |
self-sufficiency; and
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(E) reflects the person's need for combination and |
sequence of special,
interdisciplinary or generic care, |
treatment or other services which are of
lifelong or |
extended duration and are individually planned and |
coordinated.
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