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Sen. Dale A. Righter
Filed: 3/10/2017
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| 1 | | AMENDMENT TO SENATE BILL 1751
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1751 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Community-Integrated Living Arrangements |
| 5 | | Licensure and
Certification Act is amended by changing Section |
| 6 | | 6 as follows:
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| 7 | | (210 ILCS 135/6) (from Ch. 91 1/2, par. 1706)
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| 8 | | Sec. 6. (a) The Department shall deny an application for a |
| 9 | | license,
or revoke or refuse to renew the license of a |
| 10 | | community mental health or
developmental services agency, or |
| 11 | | refuse to issue a license to the holder
of a temporary permit, |
| 12 | | if the Department determines that the applicant,
agency or |
| 13 | | permit holder has not complied with a provision of this Act, |
| 14 | | the
Mental Health and Developmental Disabilities Code, or |
| 15 | | applicable Department
rules and regulations. Specific grounds |
| 16 | | for denial or revocation of a
license, or refusal to renew a |
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| 1 | | license or to
issue a license to the holder of a temporary |
| 2 | | permit, shall include but not be limited to:
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| 3 | | (1) Submission of false information either on |
| 4 | | Department licensure forms
or during an inspection;
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| 5 | | (2) Refusal to allow an inspection to occur;
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| 6 | | (3) Violation of this Act or rules and regulations |
| 7 | | promulgated under this Act;
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| 8 | | (4) Violation of the rights of a recipient;
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| 9 | | (5) Failure to submit or implement a plan of correction |
| 10 | | within the
specified time period; or |
| 11 | | (6) Failure to submit a workplace violence prevention |
| 12 | | plan in compliance with the Health Care Workplace Violence |
| 13 | | Prevention Act.
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| 14 | | (b) If the Department determines that the operation of a |
| 15 | | community mental health
or developmental services agency or one |
| 16 | | or more of the programs or
placements certified by the agency |
| 17 | | under this Act jeopardizes the health,
safety or welfare of the |
| 18 | | recipients served by the agency, the Department
may immediately |
| 19 | | revoke the agency's license and may direct the agency to
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| 20 | | withdraw recipients from any such program or placement. If an |
| 21 | | agency's license is revoked under this subsection, then the |
| 22 | | Department or the Department's agents shall have unimpeded, |
| 23 | | immediate, and full access to the recipients served by that |
| 24 | | agency and the recipients' medications, records, and personal |
| 25 | | possessions in order to ensure a timely, safe, and smooth |
| 26 | | transition of those individuals from the program or placement.
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| 1 | | (c) Upon revocation of an agency's license under subsection |
| 2 | | (b) of this Section, the agency shall continue providing for |
| 3 | | the health, safety, and welfare of the individuals that the |
| 4 | | agency was serving at the time the agency's license was revoked |
| 5 | | during the period of transition. The private, not-for-profit |
| 6 | | corporation designated by the Governor to administer the State |
| 7 | | plan to protect and advocate for the rights of persons with |
| 8 | | developmental disabilities under Section 1 of the Protection |
| 9 | | and Advocacy for Persons with Developmental Disabilities Act, |
| 10 | | contingent on State funding from the Department, shall have |
| 11 | | unimpeded, immediate, and full access to recipients and |
| 12 | | recipients' guardians to inform them of the recipients' and |
| 13 | | recipients' guardians' rights and options during the |
| 14 | | revocation and transition process. |
| 15 | | (Source: P.A. 94-347, eff. 7-28-05.)
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| 16 | | Section 99. Effective date. This Act takes effect upon |
| 17 | | becoming law.".
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