HB4647 EngrossedLRB102 24753 CPF 33993 b

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 ID/DD Community Care Act is amended by
5changing Section 3-213 as follows:
6    (210 ILCS 47/3-213)
7    Sec. 3-213. Periodic reports to Department.
8    (a) The Department shall require periodic reports and
9shall have access to and may reproduce or photocopy at its cost
10any books, records, and other documents maintained by the
11facility to the extent necessary to carry out this Act and the
12rules promulgated under this Act. The Department shall not
13divulge or disclose the contents of a record under this
14Section in violation of Section 2-206 or as otherwise
15prohibited by this Act.
16    (b) The Department shall require licensees to submit an
17annual report to the Department that includes the following
19        (1) The lowest, median, and highest wage of direct
20    support personnel employed by the facility.
21        (2) The annual employee turnover rate.
22        (3) The race, gender, and ethnicity of frontline,
23    nonexecutive employees, including direct support



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1    personnel, aides, qualified intellectual disability
2    professionals, licensed practical nurses, certified
3    nursing assistants, registered nurses, and frontline
4    support staff. Data collected under this paragraph shall
5    be reported in aggregate in a manner prescribed by the
6    Department.
7(Source: P.A. 96-339, eff. 7-1-10.)
8    Section 10. The Community-Integrated Living Arrangements
9Licensure and Certification Act is amended by changing Section
104 as follows:
11    (210 ILCS 135/4)  (from Ch. 91 1/2, par. 1704)
12    Sec. 4. (a) Any community mental health or developmental
13services agency who wishes to develop and support a variety of
14community-integrated living arrangements may do so pursuant to
15a license issued by the Department under this Act. However,
16programs established under or otherwise subject to the Child
17Care Act of 1969, the Nursing Home Care Act, the Specialized
18Mental Health Rehabilitation Act of 2013, the ID/DD Community
19Care Act, or the MC/DD Act, as now or hereafter amended, shall
20remain subject thereto, and this Act shall not be construed to
21limit the application of those Acts.
22    (b) The system of licensure established under this Act
23shall be for the purposes of:
24        (1) ensuring that all recipients residing in



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1    community-integrated living arrangements are receiving
2    appropriate community-based services, including
3    treatment, training and habilitation or rehabilitation;
4        (2) ensuring that recipients' rights are protected and
5    that all programs provided to and placements arranged for
6    recipients comply with this Act, the Mental Health and
7    Developmental Disabilities Code, and applicable Department
8    rules and regulations;
9        (3) maintaining the integrity of communities by
10    requiring regular monitoring and inspection of placements
11    and other services provided in community-integrated living
12    arrangements.
13    The licensure system shall be administered by a quality
14assurance unit within the Department which shall be
15administratively independent of units responsible for funding
16of agencies or community services.
17    (c) As a condition of being licensed by the Department as a
18community mental health or developmental services agency under
19this Act, the agency shall certify to the Department that:
20        (1) all recipients residing in community-integrated
21    living arrangements are receiving appropriate
22    community-based services, including treatment, training
23    and habilitation or rehabilitation;
24        (2) all programs provided to and placements arranged
25    for recipients are supervised by the agency; and
26        (3) all programs provided to and placements arranged



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1    for recipients comply with this Act, the Mental Health and
2    Developmental Disabilities Code, and applicable Department
3    rules and regulations; and .
4        (4) when legislative or administrative action directs
5    that funding should be passed through to employees, all
6    such funds are passed through in their entirety to
7    employees in accordance with the legislative or
8    administrative directive.
9    (c-5) Each community mental health or developmental
10services agency licensed under this Act shall submit annually
11the following data to the Department:
12        (1) The lowest, median, and highest wage of direct
13    support personnel employed by the facility.
14        (2) The annual employee turnover rate.
15        (3) The race, gender, and ethnicity of frontline,
16    nonexecutive employees, including direct support
17    personnel, aides, qualified intellectual disability
18    professionals, licensed practical nurses, certified
19    nursing assistants, registered nurses, and frontline
20    support staff. Data collected under this paragraph shall
21    be reported in aggregate in a manner prescribed by the
22    Department.
23    (d) An applicant for licensure as a community mental
24health or developmental services agency under this Act shall
25submit an application pursuant to the application process
26established by the Department by rule and shall pay an



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1application fee in an amount established by the Department,
2which amount shall not be more than $200.
3    (e) If an applicant meets the requirements established by
4the Department to be licensed as a community mental health or
5developmental services agency under this Act, after payment of
6the licensing fee, the Department shall issue a license valid
7for 3 years from the date thereof unless suspended or revoked
8by the Department or voluntarily surrendered by the agency.
9    (f) Upon application to the Department, the Department may
10issue a temporary permit to an applicant for up to a 2-year
11period to allow the holder of such permit reasonable time to
12become eligible for a license under this Act.
13    (g)(1) The Department may conduct site visits to an agency
14licensed under this Act, or to any program or placement
15certified by the agency, and inspect the records or premises,
16or both, of such agency, program or placement as it deems
17appropriate, for the purpose of determining compliance with
18this Act, the Mental Health and Developmental Disabilities
19Code, and applicable Department rules and regulations. The
20Department shall conduct inspections of the records and
21premises of each community-integrated living arrangement
22certified under this Act at least once every 2 years.
23    (2) If the Department determines that an agency licensed
24under this Act is not in compliance with this Act or the rules
25and regulations promulgated under this Act, the Department
26shall serve a notice of violation upon the licensee. Each



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1notice of violation shall be prepared in writing and shall
2specify the nature of the violation, the statutory provision
3or rule alleged to have been violated, and that the licensee
4submit a plan of correction to the Department if required. The
5notice shall also inform the licensee of any other action
6which the Department might take pursuant to this Act and of the
7right to a hearing.
8    (g-5) As determined by the Department, a disproportionate
9number or percentage of licensure complaints; a
10disproportionate number or percentage of substantiated cases
11of abuse, neglect, or exploitation involving an agency; an
12apparent unnatural death of an individual served by an agency;
13any egregious or life-threatening abuse or neglect within an
14agency; any false certification of compliance with paragraph
15(4) of subsection (c); or any other significant event as
16determined by the Department shall initiate a review of the
17agency's license by the Department, as well as a review of its
18service agreement for funding. The Department shall adopt
19rules to establish the process by which the determination to
20initiate a review shall be made and the timeframe to initiate a
21review upon the making of such determination.
22    (h) Upon the expiration of any license issued under this
23Act, a license renewal application shall be required of and a
24license renewal fee in an amount established by the Department
25shall be charged to a community mental health or developmental
26services agency, provided that such fee shall not be more than



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2    (i) A public or private agency, association, partnership,
3corporation, or organization that has had a license revoked
4under subsection (b) of Section 6 of this Act may not apply for
5or possess a license under a different name.
6(Source: P.A. 99-180, eff. 7-29-15; 100-58, eff. 8-11-17;
7100-313, eff. 8-24-17; 100-863, eff. 8-14-18.)