SB3860 102ND GENERAL ASSEMBLY

LRB102 23774 CPF 32965 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3860

Introduced 1/21/2022, by Sen. Laura Fine

SYNOPSIS AS INTRODUCED:

210 ILCS 47/3-213
210 ILCS 135/4	from Ch. 91 1/2, par. 1704

Amends the ID/DD Community Care Act. Provides that the Department of Public Health shall require licensees to submit an annual report to the Department that includes specified data. Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that, as a condition of being licensed by the Department of Human Services as a community mental health or developmental services agency under the Act, the agency shall certify to the Department that all funds legislatively or administratively earmarked for employee wage increase are passed through in their entirety to workers pursuant to legislative or administrative directives. Provides that the Department shall require licensees to submit an annual report to the Department that includes specified data. Makes other changes.

A BILL FOR

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 licensees to submit an annual report to the Department that includes the following data:

(1) The lowest, median, and highest wage of direct support personnel employed by the facility.

(2) The annual employee turnover rate.

(3) The race, gender, and ethnicity of frontline, nonexecutive employees, including direct support personnel, aides, qualified intellectual disability professionals, licensed practical nurses, certified nursing assistants, registered nurses, and frontline support staff.

(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; and .

(4) all funds legislatively or administratively earmarked for employee wage increase are passed through in their entirety to workers pursuant to legislative or administrative directives.

(c-5) As a condition of being licensed by the Department as a community mental health or developmental services agency under this Act, the agency shall submit an annual report to the department which includes the following data:

(1) The lowest, median, and highest wage of direct support personnel employed by the facility.

(2) The annual employee turnover rate.

(3) The race, gender, and ethnicity of frontline, nonexecutive employees, including direct support personnel, aides, qualified intellectual disability professionals, licensed practical nurses, certified nursing assistants, registered nurses, and frontline support staff.

(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; any false certification of compliance with paragraph (4) of subsection (c); 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.)