100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1751
 
Introduced 2/9/2017, by Sen. Dale A. Righter
 
SYNOPSIS AS INTRODUCED:
 

 
  
210 ILCS 135/6  from Ch. 91 1/2, par. 1706

     Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that after a community mental health or developmental services agency's license has been revoked, it shall continue providing for the health, safety, and welfare of the individuals it was serving by ensuring residents have been fully informed of their rights and options within time frames to be specified in rule and by a specified private, not-for-profit corporation directed by the Governor to administer the State plan to protect and advocate for the rights of persons with developmental disabilities.
  


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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
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1    AN ACT concerning regulation.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Community-Integrated Living Arrangements 
5Licensure and
Certification Act is amended  by changing Section 
66 as follows:
 



7    (210 ILCS 135/6)  (from Ch. 91 1/2, par. 1706)


8    Sec. 6. (a) The Department shall deny an application for a 
9license,
or revoke or refuse to renew the license of a 
10community mental health or
developmental services agency, or 
11refuse to issue a license to the holder
of a temporary permit, 
12if the Department determines that the applicant,
agency or 
13permit holder has not complied with a provision of this Act, 
14the
Mental Health and Developmental Disabilities Code, or 
15applicable Department
rules and regulations.  Specific grounds 
16for denial or revocation of a
license, or refusal to renew a 
17license or to
issue a license to the holder of a temporary 
18permit, shall include but not be limited to:

19        (1) Submission of false information either on 
20    Department licensure forms
or during an inspection;

21        (2) Refusal to allow an inspection to occur;

22        (3) Violation of this Act or rules and regulations 
23    promulgated under this Act;

 
 
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1        (4) Violation of the rights of a recipient;

2        (5) Failure to submit or implement a plan of correction 
3    within the
specified time period; or
4        (6)  Failure to submit a workplace violence prevention 
5    plan in compliance with  the Health Care Workplace Violence 
6    Prevention Act.

7    (b) If the Department determines that the operation of a 
8community mental health
or developmental services agency or one 
9or more of the programs or
placements certified by the agency 
10under this Act jeopardizes the health,
safety or welfare of the 
11recipients served by the agency, the Department
may immediately 
12revoke the agency's license and may direct the agency to

13withdraw recipients from any such program or placement.

14    The agency shall continue providing for the health, safety, 
15and welfare of the individuals they were serving at the time 
16the agency's license was revoked by ensuring residents have 
17been fully informed of their rights and options within time 
18frames to be specified in rule and by the private, 
19not-for-profit corporation directed by the Governor to 
20administer the State plan to protect and advocate for the 
21rights of persons with developmental disabilities under 
22Section 1 of the Protection and Advocacy for Persons with 
23Developmental Disabilities Act. 
24(Source: P.A. 94-347, eff. 7-28-05.)