HB5009 99TH GENERAL ASSEMBLY

LRB099 18341 MJP 42716 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5009

Introduced , by Rep. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:

210 ILCS 49/4-103
210 ILCS 49/4-105
210 ILCS 49/4-201

Amends the Specialized Mental Health Rehabilitation Act of 2013. Deletes a provision that provides that the emergency rules for provisional licensure shall be for a period of 3 years and shall not be extended beyond that date. Changes the commencement of the provisional license period from the adoption date of emergency rules establishing provisional licenses to the provisional license's date of issuance. Corrects an internal cross-reference. Effective immediately.

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 Specialized Mental Health Rehabilitation Act of 2013 is amended by changing Sections 4-103, 4-105, and 4-201 as follows:

(210 ILCS 49/4-103)

Sec. 4-103. Provisional licensure emergency rules. The Department, in consultation with the Division of Mental Health of the Department of Human Services and the Department of Healthcare and Family Services, is granted the authority under this Act to establish provisional licensure and licensing procedures by emergency rule. The Department shall file emergency rules concerning provisional licensure under this Act within 120 days after the effective date of this Act. The rules to be filed for provisional licensure shall be for a period of 3 years, beginning with the adoption date of the emergency rules establishing the provisional license, and shall not be extended beyond the date of 3 years after the effective date of the emergency rules creating the provisional license and licensing process. Rules governing the provisional license and licensing process shall contain rules for the different levels of care offered by the facilities authorized under this Act and shall address each type of care hereafter enumerated:

(1) triage centers;

(2) crisis stabilization;

(3) recovery and rehabilitation supports;

(4) transitional living units; or

(5) other intensive treatment and stabilization programs designed and developed in collaboration with the Department.

(Source: P.A. 98-104, eff. 7-22-13.)

(210 ILCS 49/4-105)

Sec. 4-105. Provisional licensure duration. A provisional license shall be valid upon fulfilling the requirements established by the Department by emergency rule. The license shall remain valid as long as a facility remains in compliance with the licensure provisions established in rule. The provisional license shall expire when the administrative rule established by the Department for provisional licensure expires at the end of a 3-year period, which commences on the date the provisional license is issued.

(Source: P.A. 98-104, eff. 7-22-13.)

(210 ILCS 49/4-201)

Sec. 4-201. Accreditation and licensure. At the end of the provisional licensure period established in Article 4 3, Part 1 of this Act, the Department shall license a facility as a specialized mental health rehabilitation facility under this Act that successfully completes and obtains valid national accreditation in behavioral health from a recognized national accreditation entity and complies with licensure standards as established by the Department of Public Health in administrative rule. Rules governing licensure standards shall include, but not be limited to, appropriate fines and sanctions associated with violations of laws or regulations. The following shall be considered to be valid national accreditation in behavioral health from an national accreditation entity:

(1) the Joint Commission;

(2) the Commission on Accreditation of Rehabilitation Facilities;

(3) the Healthcare Facilities Accreditation Program; or

(4) any other national standards of care as approved by the Department.

(Source: P.A. 98-104, eff. 7-22-13.)

Section 99. Effective date. This Act takes effect upon becoming law.