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| | HB1032 Engrossed | | LRB103 04885 CPF 49895 b |
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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Community-Integrated Living Arrangements |
5 | | Licensure and
Certification Act is amended by changing Section |
6 | | 4 as follows:
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7 | | (210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
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8 | | (Text of Section before amendment by P.A. 102-944 )
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9 | | Sec. 4.
(a) Any community mental health or developmental |
10 | | services agency who
wishes to develop and support a variety of |
11 | | community-integrated living
arrangements may do so pursuant to |
12 | | a license issued by the Department under this Act.
However, |
13 | | programs established under or otherwise subject to the Child
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14 | | Care Act of 1969, the Nursing Home Care Act, the Specialized |
15 | | Mental Health Rehabilitation Act of 2013, the ID/DD Community |
16 | | Care Act, or the MC/DD Act, as now or
hereafter amended, shall |
17 | | remain
subject thereto, and this Act shall not be construed to |
18 | | limit the
application of those Acts.
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19 | | (b) The system of licensure established under this Act |
20 | | shall be for the purposes of:
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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;
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2 | | (2) ensuring that recipients' rights are protected and |
3 | | that all programs
provided to and placements arranged for
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4 | | recipients comply with this Act, the Mental Health and |
5 | | Developmental
Disabilities Code, and applicable Department |
6 | | rules and regulations;
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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.
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11 | | The licensure system shall be administered by a quality |
12 | | assurance unit
within the Department which shall be |
13 | | administratively independent of units
responsible for funding |
14 | | of agencies or community services.
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15 | | (c) As a condition of being licensed by the Department as a |
16 | | community
mental health or developmental services agency under |
17 | | this Act, the agency
shall certify to the Department that:
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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;
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22 | | (2) all programs provided to and placements arranged |
23 | | for recipients are
supervised by the agency; and
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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 |
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1 | | rules and regulations.
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2 | | (d) An applicant for licensure as a community mental |
3 | | health or
developmental services agency under this Act shall |
4 | | submit an application
pursuant to the application process |
5 | | established by the Department by rule
and shall pay an |
6 | | application fee in an amount established by the
Department, |
7 | | which amount shall not be more than $200.
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8 | | (e) If an applicant meets the requirements established by |
9 | | the Department
to be licensed as a community mental health or |
10 | | developmental services
agency under this Act, after payment of |
11 | | the licensing fee, the Department
shall issue a license valid |
12 | | for 3 years from the date thereof unless
suspended or revoked |
13 | | by the Department or voluntarily surrendered by the agency.
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14 | | (f) Upon application to the Department, the Department may |
15 | | issue a
temporary permit to an applicant for up to a 2-year |
16 | | period to allow the holder
of such permit reasonable time to |
17 | | become eligible for a license under this Act.
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18 | | (g)(1) The Department may conduct site visits to an agency |
19 | | licensed under this
Act, or to any program or placement |
20 | | certified by the agency, and inspect
the records or premises, |
21 | | or both, of such agency, program or placement as
it deems |
22 | | appropriate, for the
purpose of determining compliance with |
23 | | this Act, the Mental Health and
Developmental Disabilities |
24 | | Code, and applicable Department rules and regulations. The |
25 | | Department shall conduct inspections of the records and |
26 | | premises of each community-integrated living arrangement |
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1 | | certified under this Act at least once every 2 years.
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2 | | (2) If the Department determines that an agency licensed |
3 | | under this Act
is not in compliance with this Act or the rules |
4 | | and regulations promulgated
under this Act, the Department |
5 | | shall serve a notice of violation
upon the licensee. Each |
6 | | notice of violation shall be prepared in writing
and shall |
7 | | specify the nature of the violation, the statutory provision |
8 | | or
rule alleged to have been violated, and that the licensee
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9 | | submit a plan of correction to the Department if required. The |
10 | | notice shall also
inform the licensee of any other action |
11 | | which the Department might take
pursuant to this Act and of the |
12 | | right to a hearing.
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13 | | (g-5) As determined by the Department, a disproportionate |
14 | | number or percentage of licensure complaints; a |
15 | | disproportionate number or percentage of substantiated cases |
16 | | of abuse, neglect, or exploitation involving an agency; an |
17 | | apparent unnatural death of an individual served by an agency; |
18 | | any egregious or life-threatening abuse or neglect within an |
19 | | agency; or any other significant event as determined by the |
20 | | Department shall initiate a review of the agency's license by |
21 | | the Department, as well as a review of its service agreement |
22 | | for funding. The Department shall adopt rules to establish the |
23 | | process by which the determination to initiate a review shall |
24 | | be made and the timeframe to initiate a review upon the making |
25 | | of such determination. |
26 | | (h) Upon the expiration of any license issued under this |
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1 | | Act, a license
renewal application shall be required of and a |
2 | | license renewal fee in an
amount established by the Department |
3 | | shall be
charged to a community mental health or
developmental |
4 | | services agency, provided that such fee shall not be more than |
5 | | $200.
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6 | | (i) A public or private agency, association, partnership, |
7 | | corporation, or organization that has had a license revoked |
8 | | under subsection (b) of Section 6 of this Act may not apply for |
9 | | or possess a license under a different name. |
10 | | (Source: P.A. 99-180, eff. 7-29-15; 100-58, eff. 8-11-17; |
11 | | 100-313, eff. 8-24-17; 100-863, eff. 8-14-18.)
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12 | | (Text of Section after amendment by P.A. 102-944 )
|
13 | | Sec. 4.
(a) Any community mental health or developmental |
14 | | services agency who
wishes to develop and support a variety of |
15 | | community-integrated living
arrangements may do so pursuant to |
16 | | a license issued by the Department under this Act.
However, |
17 | | programs established under or otherwise subject to the Child
|
18 | | Care Act of 1969, the Nursing Home Care Act, the Specialized |
19 | | Mental Health Rehabilitation Act of 2013, the ID/DD Community |
20 | | Care Act, or the MC/DD Act, as now or
hereafter amended, shall |
21 | | remain
subject thereto, and this Act shall not be construed to |
22 | | limit the
application of those Acts.
|
23 | | (b) The system of licensure established under this Act |
24 | | shall be for the purposes of:
|
25 | | (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 |
14 | | assurance unit
within the Department which shall be |
15 | | administratively independent of units
responsible for funding |
16 | | of agencies or community services.
|
17 | | (c) As a condition of being licensed by the Department as a |
18 | | community
mental health or developmental services agency under |
19 | | this 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.
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4 | | (c-5) Each developmental services agency licensed under |
5 | | this Act shall submit an annual report to the Department, as a |
6 | | contractual requirement between the Department and the |
7 | | developmental services agency, certifying that all |
8 | | legislatively or administratively mandated wage increases to |
9 | | benefit workers are passed through in accordance with the |
10 | | legislative or administrative mandate. The Department shall |
11 | | determine the manner and form of the annual report. |
12 | | (d) An applicant for licensure as a community mental |
13 | | health or
developmental services agency under this Act shall |
14 | | submit an application
pursuant to the application process |
15 | | established by the Department by rule
and shall pay an |
16 | | application fee in an amount established by the
Department, |
17 | | which amount shall not be more than $200.
|
18 | | (e) If an applicant meets the requirements established by |
19 | | the Department
to be licensed as a community mental health or |
20 | | developmental services
agency under this Act, after payment of |
21 | | the licensing fee, the Department
shall issue a license valid |
22 | | for 2 3 years from the date thereof unless
suspended or revoked |
23 | | by the Department or voluntarily surrendered by the agency.
|
24 | | (f) Upon application to the Department, the Department may |
25 | | issue a
temporary permit to an applicant for up to a 2-year |
26 | | period to allow the holder
of such permit reasonable time to |
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1 | | become eligible for a license under this Act.
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2 | | (g)(1) The Department may conduct site visits to an agency |
3 | | licensed under this
Act, or to any program or placement |
4 | | certified by the agency, and inspect
the records or premises, |
5 | | or both, of such agency, program or placement as
it deems |
6 | | appropriate, for the
purpose of determining compliance with |
7 | | this Act, the Mental Health and
Developmental Disabilities |
8 | | Code, and applicable Department rules and regulations. The |
9 | | Department shall conduct inspections of the records and |
10 | | premises of each community-integrated living arrangement |
11 | | certified under this Act at least once every 2 years.
|
12 | | (2) If the Department determines that an agency licensed |
13 | | under this Act
is not in compliance with this Act or the rules |
14 | | and regulations promulgated
under this Act, the Department |
15 | | shall serve a notice of violation
upon the licensee. Each |
16 | | notice of violation shall be prepared in writing
and shall |
17 | | specify the nature of the violation, the statutory provision |
18 | | or
rule alleged to have been violated, and that the licensee
|
19 | | submit a plan of correction to the Department if required. The |
20 | | notice shall also
inform the licensee of any other action |
21 | | which the Department might take
pursuant to this Act and of the |
22 | | right to a hearing.
|
23 | | (3) If an agency licensed under this Act receives a |
24 | | compliance score as the result of a survey or audit from the |
25 | | Department or the Bureau of Accreditation, Licensure and |
26 | | Certification that is less than acceptably compliant, then the |
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1 | | agency shall implement a plan of corrections to address the |
2 | | violations listed in the survey or audit and may be subject to |
3 | | additional sanctions based on the agency's compliance score, |
4 | | including, but not limited to, a freeze on admissions and |
5 | | revocation of the agency's license. |
6 | | (g-5) As determined by the Department, a disproportionate |
7 | | number or percentage of licensure complaints; a |
8 | | disproportionate number or percentage of substantiated cases |
9 | | of abuse, neglect, or exploitation involving an agency; an |
10 | | apparent unnatural death of an individual served by an agency; |
11 | | any egregious or life-threatening abuse or neglect within an |
12 | | agency; or any other significant event as determined by the |
13 | | Department shall initiate a review of the agency's license by |
14 | | the Department, as well as a review of its service agreement |
15 | | for funding. The Department shall adopt rules to establish the |
16 | | process by which the determination to initiate a review shall |
17 | | be made and the timeframe to initiate a review upon the making |
18 | | of such determination. |
19 | | (h) Upon the expiration of any license issued under this |
20 | | Act, a license
renewal application shall be required of and a |
21 | | license renewal fee in an
amount established by the Department |
22 | | shall be
charged to a community mental health or
developmental |
23 | | services agency, provided that such fee shall not be more than |
24 | | $200.
|
25 | | (i) A public or private agency, association, partnership, |
26 | | corporation, or organization that has had a license revoked |
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1 | | under subsection (b) of Section 6 of this Act may not apply for |
2 | | or possess a license under a different name. |
3 | | (Source: P.A. 102-944, eff. 1-1-23.)
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4 | | Section 95. No acceleration or delay. Where this Act makes |
5 | | changes in a statute that is represented in this Act by text |
6 | | that is not yet or no longer in effect (for example, a Section |
7 | | represented by multiple versions), the use of that text does |
8 | | not accelerate or delay the taking effect of (i) the changes |
9 | | made by this Act or (ii) provisions derived from any other |
10 | | Public Act. |