Public Act 102-0944
 
HB4647 EnrolledLRB102 24753 CPF 33993 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The ID/DD Community Care Act is amended  by 
changing Section 3-213 as follows:
 
    (210 ILCS 47/3-213)

    Sec. 3-213. Periodic reports to Department. 
    (a) The Department shall require periodic reports and 
shall have access to and may reproduce or photocopy at its cost 
any books, records, and other documents maintained by the 
facility to the extent necessary to carry out this Act and the 
rules promulgated under this Act. The Department shall not 
divulge or disclose the contents of a record under this 
Section in violation of Section 2-206 or as otherwise 
prohibited by this Act. 

    (b) The Department shall require a licensee to submit an 
annual report to the Department certifying that all 
legislatively or administratively mandated wage increases to 
benefit workers are passed through in accordance with the 
legislative or administrative mandate.  Failure to report the 
information required under this Section shall result in 
appropriate enforcement action by the Department.  The 
Department shall determine the manner and form of the annual 
report. 
(Source: P.A. 96-339, eff. 7-1-10.)
 
    Section 10. The Community-Integrated Living Arrangements 
Licensure and
Certification Act is amended  by changing Section 
4 as follows:
 


    (210 ILCS 135/4)  (from Ch. 91 1/2, par. 1704)




    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

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.

    (b) The system of licensure established under this Act 
shall be for the purposes of:

        (1) ensuring that all recipients residing in 
    community-integrated living
arrangements are receiving 
    appropriate community-based services, including

    treatment, training and habilitation or rehabilitation;

        (2) ensuring that recipients' rights are protected and 
    that 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;

        (3) maintaining the integrity of communities by 
    requiring regular
monitoring and inspection of placements 
    and other services provided in
community-integrated living 
    arrangements. 

    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.

    (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: 

        (1) all recipients residing in community-integrated 
    living arrangements
are receiving appropriate 
    community-based services, including treatment,
training 
    and habilitation or rehabilitation; 

        (2) all programs provided to and placements arranged 
    for recipients are
supervised by the agency; and

        (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.

    (c-5) Each developmental services agency licensed under 
this Act shall submit an annual report to the Department, as a 
contractual requirement between the Department and the 
developmental services agency, certifying that all 
legislatively or administratively mandated wage increases to 
benefit workers are passed through in accordance with the 
legislative or administrative mandate.  The Department shall 
determine the manner and form of the annual report. 
    (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.

    (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.

    (f) Upon application to the Department, the Department may 
issue a
temporary permit to an applicant for up to a 2-year 
period to allow the holder
of such permit reasonable time to 
become eligible for a license under this Act.

    (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.

    (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
rule alleged to have been violated, and that the licensee

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.

    (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 
license renewal fee in an
amount established by the Department 
shall be
charged to a community mental health or
developmental 
services agency, provided that such fee shall not be more than 
$200.

    (i) A public or private agency, association, partnership, 
corporation, or organization that has had a license revoked 
under subsection (b) of Section 6 of this Act may not apply for 
or possess a license under a different name. 
(Source: P.A. 99-180, eff. 7-29-15; 100-58, eff. 8-11-17; 
100-313, eff. 8-24-17; 100-863, eff. 8-14-18.)