103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1032

 

Introduced 1/12/2023, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 135/4  from Ch. 91 1/2, par. 1704

    Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that licenses for community mental health or developmental services agencies are valid for 2 years (rather than 3 years). Provides that if a community mental health or developmental services agency receives a compliance score as the result of a survey or audit from the Department of Human Services or the Bureau of Accreditation, Licensure and Certification that is less than acceptably compliant, the agency shall implement a plan of corrections to address the violations listed in the survey or audit and may be subject to additional sanctions based on the agency's compliance score, including, but not limited to, a freeze on admissions or revocation of the agency's license.


LRB103 04885 CPF 49895 b

 

 

A BILL FOR

 

HB1032LRB103 04885 CPF 49895 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 Community-Integrated Living Arrangements
5Licensure and Certification Act is amended by changing Section
64 as follows:
 
7    (210 ILCS 135/4)  (from Ch. 91 1/2, par. 1704)
8    (Text of Section before amendment by P.A. 102-944)
9    Sec. 4. (a) Any community mental health or developmental
10services agency who wishes to develop and support a variety of
11community-integrated living arrangements may do so pursuant to
12a license issued by the Department under this Act. However,
13programs established under or otherwise subject to the Child
14Care Act of 1969, the Nursing Home Care Act, the Specialized
15Mental Health Rehabilitation Act of 2013, the ID/DD Community
16Care Act, or the MC/DD Act, as now or hereafter amended, shall
17remain subject thereto, and this Act shall not be construed to
18limit the application of those Acts.
19    (b) The system of licensure established under this Act
20shall be for the purposes of:
21        (1) ensuring that all recipients residing in
22    community-integrated living arrangements are receiving
23    appropriate community-based services, including

 

 

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

 

 

HB1032- 3 -LRB103 04885 CPF 49895 b

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

 

 

HB1032- 4 -LRB103 04885 CPF 49895 b

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

 

 

HB1032- 5 -LRB103 04885 CPF 49895 b

1Act, a license renewal application shall be required of and a
2license renewal fee in an amount established by the Department
3shall be charged to a community mental health or developmental
4services agency, provided that such fee shall not be more than
5$200.
6    (i) A public or private agency, association, partnership,
7corporation, or organization that has had a license revoked
8under subsection (b) of Section 6 of this Act may not apply for
9or possess a license under a different name.
10(Source: P.A. 99-180, eff. 7-29-15; 100-58, eff. 8-11-17;
11100-313, eff. 8-24-17; 100-863, eff. 8-14-18.)
 
12    (Text of Section after amendment by P.A. 102-944)
13    Sec. 4. (a) Any community mental health or developmental
14services agency who wishes to develop and support a variety of
15community-integrated living arrangements may do so pursuant to
16a license issued by the Department under this Act. However,
17programs established under or otherwise subject to the Child
18Care Act of 1969, the Nursing Home Care Act, the Specialized
19Mental Health Rehabilitation Act of 2013, the ID/DD Community
20Care Act, or the MC/DD Act, as now or hereafter amended, shall
21remain subject thereto, and this Act shall not be construed to
22limit the application of those Acts.
23    (b) The system of licensure established under this Act
24shall be for the purposes of:
25        (1) ensuring that all recipients residing in

 

 

HB1032- 6 -LRB103 04885 CPF 49895 b

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.
4    (c-5) Each developmental services agency licensed under
5this Act shall submit an annual report to the Department, as a
6contractual requirement between the Department and the
7developmental services agency, certifying that all
8legislatively or administratively mandated wage increases to
9benefit workers are passed through in accordance with the
10legislative or administrative mandate. The Department shall
11determine the manner and form of the annual report.
12    (d) An applicant for licensure as a community mental
13health or developmental services agency under this Act shall
14submit an application pursuant to the application process
15established by the Department by rule and shall pay an
16application fee in an amount established by the Department,
17which amount shall not be more than $200.
18    (e) If an applicant meets the requirements established by
19the Department to be licensed as a community mental health or
20developmental services agency under this Act, after payment of
21the licensing fee, the Department shall issue a license valid
22for 2 3 years from the date thereof unless suspended or revoked
23by the Department or voluntarily surrendered by the agency.
24    (f) Upon application to the Department, the Department may
25issue a temporary permit to an applicant for up to a 2-year
26period to allow the holder of such permit reasonable time to

 

 

HB1032- 8 -LRB103 04885 CPF 49895 b

1become eligible for a license under this Act.
2    (g)(1) The Department may conduct site visits to an agency
3licensed under this Act, or to any program or placement
4certified by the agency, and inspect the records or premises,
5or both, of such agency, program or placement as it deems
6appropriate, for the purpose of determining compliance with
7this Act, the Mental Health and Developmental Disabilities
8Code, and applicable Department rules and regulations. The
9Department shall conduct inspections of the records and
10premises of each community-integrated living arrangement
11certified under this Act at least once every 2 years.
12    (2) If the Department determines that an agency licensed
13under this Act is not in compliance with this Act or the rules
14and regulations promulgated under this Act, the Department
15shall serve a notice of violation upon the licensee. Each
16notice of violation shall be prepared in writing and shall
17specify the nature of the violation, the statutory provision
18or rule alleged to have been violated, and that the licensee
19submit a plan of correction to the Department if required. The
20notice shall also inform the licensee of any other action
21which the Department might take pursuant to this Act and of the
22right to a hearing.
23    (3) If an agency licensed under this Act receives a
24compliance score as the result of a survey or audit from the
25Department or the Bureau of Accreditation, Licensure and
26Certification that is less than acceptably compliant, then the

 

 

HB1032- 9 -LRB103 04885 CPF 49895 b

1agency shall implement a plan of corrections to address the
2violations listed in the survey or audit and may be subject to
3additional sanctions based on the agency's compliance score,
4including, but not limited to, a freeze on admissions and
5revocation of the agency's license.
6    (g-5) As determined by the Department, a disproportionate
7number or percentage of licensure complaints; a
8disproportionate number or percentage of substantiated cases
9of abuse, neglect, or exploitation involving an agency; an
10apparent unnatural death of an individual served by an agency;
11any egregious or life-threatening abuse or neglect within an
12agency; or any other significant event as determined by the
13Department shall initiate a review of the agency's license by
14the Department, as well as a review of its service agreement
15for funding. The Department shall adopt rules to establish the
16process by which the determination to initiate a review shall
17be made and the timeframe to initiate a review upon the making
18of such determination.
19    (h) Upon the expiration of any license issued under this
20Act, a license renewal application shall be required of and a
21license renewal fee in an amount established by the Department
22shall be charged to a community mental health or developmental
23services agency, provided that such fee shall not be more than
24$200.
25    (i) A public or private agency, association, partnership,
26corporation, or organization that has had a license revoked

 

 

HB1032- 10 -LRB103 04885 CPF 49895 b

1under subsection (b) of Section 6 of this Act may not apply for
2or possess a license under a different name.
3(Source: P.A. 102-944, eff. 1-1-23.)
 
4    Section 95. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.