SB3753sam001 103RD GENERAL ASSEMBLY

Sen. Laura Fine

Filed: 3/8/2024

10300SB3753sam001 LRB103 39458 RLC 70739 a

AMENDMENT TO SENATE BILL 3753

AMENDMENT NO. ______. Amend Senate Bill 3753 by replacing everything after the enacting clause with the following:

"Section 5. The Mental Health and Developmental Disabilities Administrative Act is amended by adding Section 8.1 as follows:

(20 ILCS 1705/8.1 new)

Sec. 8.1. Admission to State-operated facilities for persons with developmental disabilities.

(a) Any individual admitted to a State-operated facility for persons with developmental disabilities must meet the following criteria in order to be approved for admission:

(1) the individual must have received or attempted to receive community-based services and supports;

(2) the individual must meet the intermediate care facility level of care definition; and

(3) the individual must meet all clinical eligibility requirements.

(b) Upon admission to a State-operated facility for persons with developmental disabilities, the facility shall complete at least annual reviews of a person's clinical need for continued services to determine if needs are able to be met in a less restrictive setting. Comprehensive and integrated assessments shall be used to assist in determining the level of care and services most appropriate to meet the individual's needs.

(c) All individuals shall have the right to know their options for supports and shall be provided the opportunity to learn about the full spectrum of care, including the range of possible living environments available through State-operated facilities, case management agencies, or both. If an individual indicates that the individual would like to move to a less restrictive environment, activities to explore and take steps regarding the range of options shall be provided. The interdisciplinary team shall assist the individual and guardian, if applicable, to identify placements that are able to meet the individual's needs, excluding when there are severe safety concerns identified by the interdisciplinary team that cannot be easily mitigated with interventions that are commonly used in the community.

(d) An individual's support plan shall provide services to address those identified needs when the individual no longer is clinically determined to be a risk. Thoughtful transition planning shall take place to assist with finding a less restrictive environment of the individual's choosing.

Section 10. The Mental Health and Developmental Disabilities Code is amended by adding Article VII to Chapter IV as follows:

(405 ILCS 5/Ch. IV Art. VII heading new)

ARTICLE VII. SERVICE PROVIDER SANCTIONS

(405 ILCS 5/4-7.100 new)

Sec. 4-7.100. Provider sanctions and fair hearings. The Department of Human Services may impose progressive sanctions on providers that fail to comply with conditions specified by rule, contract, or policy as determined by the Department. Sanctions include, but are not limited to, payment suspension, loss of payment, enrollment limitations, including admission holds, removal of individuals currently served, or other actions up to and including contract termination, certification revocation, or licensure revocation. In situations where a recipient of services is placed at imminent risk of harm, steps to ensure the safety of individuals and any provider sanctions shall be taken expeditiously and not progressively. A service provider receiving a sanction may appeal the sanction in writing to the Department of Human Services within 30 days after receipt of the sanction. The Department shall adopt rules as necessary to implement this Section.

(405 ILCS 5/7-101 new)

Sec. 7-101. Provider appeals and fair hearings. After an informal review of a discharge by the Department of Human Services, a provider may appeal the decision to the Department of Healthcare and Family Services. The appeal must be received within 10 working days after the provider receives the written notification, following the informal review decision from the Department. The Department shall adopt rules as necessary to implement this Section.".