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SB1348 Engrossed |
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LRB096 04447 DRJ 14498 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 |
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| Licensure and
Certification Act is amended by changing Sections |
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| 5 and 8 as follows:
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| (210 ILCS 135/5) (from Ch. 91 1/2, par. 1705)
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| Sec. 5.
(a) The Department shall may conduct an |
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| investigation upon receipt of a complaint
to insure that the |
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| agency is in compliance with this Act.
If, based upon the |
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| results of its
investigation, the Department determines that |
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| the agency is not in
compliance with this Act, it shall serve a |
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| notice of violation upon the
agency as set forth in paragraph |
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| (2) of subsection (g) of Section 4 above.
Upon request by a |
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| complainant,
the Department shall notify the complainant of the |
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| results of any
investigation of a complaint.
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| (b) The complaint, a copy of the complaint, or a record |
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| published,
released or otherwise disclosed to the agency shall |
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| not disclose the name of
the complainant unless the complainant |
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| consents in writing to the
disclosure or the investigation |
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| results in a judicial proceeding, or unless
disclosure is |
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| essential to the investigation.
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| (c) An agency licensed under this Act or its agents shall |
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SB1348 Engrossed |
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LRB096 04447 DRJ 14498 b |
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| not transfer,
harass, dismiss, or
retaliate against a recipient |
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| who is the subject of a complaint
under this Act.
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| (Source: P.A. 85-1250.)
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| (210 ILCS 135/8) (from Ch. 91 1/2, par. 1708)
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| Sec. 8.
(a) Any community mental health or developmental |
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| services agency
that continues to operate after its license is |
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| revoked under this Act, or
after its license expires and the |
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| Department refuses to renew the license,
is guilty of a |
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| business offense and shall be fined an amount in excess of
$500 |
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| but not exceeding $2,000, and each day of violation is a |
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| separate
offense. All fines shall be paid to the Mental Health |
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| Fund.
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| (b) Whenever the Department is advised or has reason to |
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| believe that any
person, group of persons, association, |
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| partnership or corporation is
operating an agency without a |
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| license or permit in violation of this Act,
the Department |
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| shall may investigate to ascertain the facts, shall may notify |
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| the
person or other entity that he is in violation of this Act, |
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| and shall may make
referrals to appropriate investigatory or |
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| law enforcement agencies. Any person,
group of persons, |
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| association, partnership or corporation who continues to
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| operate a community mental health or developmental services |
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| agency as
defined in subsection (b) of Section 3 of this Act |
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| without a
license or temporary permit issued by the Department, |
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| after receiving notice
from the Department that such operation |