Rep. Lindsey LaPointe

Filed: 5/8/2024

 

 


 

 


 
10300SB3753ham001LRB103 39458 RLC 73203 a

1
AMENDMENT TO SENATE BILL 3753

2    AMENDMENT NO. ______. Amend Senate Bill 3753 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Mental Health and Developmental
5Disabilities Administrative Act is amended by adding Section
68.1 as follows:
 
7    (20 ILCS 1705/8.1 new)
8    Sec. 8.1. Admission to State-operated facilities for
9persons with developmental disabilities.
10    (a) For any individual or guardian, or both, if
11applicable, seeking admission for the individual to a
12State-operated facility for persons with developmental
13disabilities the individual must meet the following criteria
14in order to be approved for admission:
15        (1) the individual is at least 18 years of age;
16        (2) the individual and the individual's guardian, as

 

 

10300SB3753ham001- 2 -LRB103 39458 RLC 73203 a

1    applicable, have received, attempted to receive, or
2    received education regarding community-based services and
3    supports;
4        (3) the individual meets the intermediate care
5    facility level of care definition; and
6        (4) the individual meets all clinical eligibility
7    requirements including having an intellectual disability
8    as defined in this Act.
9    (b) Upon admission to a State-operated facility for
10persons with developmental disabilities, the facility shall
11complete at least annual reviews of the individual's clinical
12need for continued services in order to determine if these
13needs are able to be met in a less restrictive setting.
14Comprehensive and integrated assessments shall be used to
15assist in determining the level of care and services most
16appropriate to meet the individual's needs.
17    (c) All individuals shall have the right to know their
18options for supports and shall be provided the opportunity to
19learn about the full spectrum of care, including the range of
20possible living environments available as provided by
21entities, including, but not limited to, State-operated
22facilities and case management agencies. If an individual
23indicates that the individual would like to move to a less
24restrictive environment, activities to explore and take steps
25regarding the range of options shall be provided to the
26individual and guardian, if applicable. The interdisciplinary

 

 

10300SB3753ham001- 3 -LRB103 39458 RLC 73203 a

1team shall assist the individual and guardian, if applicable,
2to identify placements that are able to meet the individual's
3needs, excluding when there are severe safety concerns
4identified by the interdisciplinary team that cannot be easily
5mitigated with interventions that are commonly used in the
6community.
7    An individual's support plan shall include services to
8address identified needs if the individual is clinically
9determined to no longer meet the intermediate care facility
10level of care, or be at risk of harm to the individual or
11others. Thoughtful transition planning shall take place to
12assist with finding a less restrictive environment of the
13individual's choosing, and guardian's choosing, if applicable.
 
14    Section 10. The Mental Health and Developmental
15Disabilities Code is amended by changing Section 4-302 and by
16adding Article VIII to Chapter IV as follows:
 
17    (405 ILCS 5/Ch. IV Art. VIII heading new)
18
ARTICLE VIII. SERVICE PROVIDER SANCTIONS

 
19    (405 ILCS 5/4-302)  (from Ch. 91 1/2, par. 4-302)
20    Sec. 4-302. A person with a developmental disability may
21be administratively admitted to a facility upon application if
22the facility director of the facility determines that the
23person he is suitable for admission. A person 18 years of age

 

 

10300SB3753ham001- 4 -LRB103 39458 RLC 73203 a

1or older, if the person he has the capacity, or the person's
2his guardian, if he is authorized by the guardianship order of
3the Circuit Court, may execute an application for
4administrative admission. Application may be executed for a
5person under 18 years of age by the person's his parent,
6guardian, or person in loco parentis pursuant to the
7Intermediate Care for the Developmentally Disabled Facilities
8Code authorized under the ID/DD Community Care Act.
9(Source: P.A. 88-380.)
 
10    (405 ILCS 5/4-800 new)
11    Sec. 4-800. Provider sanctions and appeals. The Department
12of Human Services Division of Developmental Disabilities may
13impose progressive sanctions on providers that fail to comply
14with conditions specified by rule, or contract agreement, as
15determined by the Department. Sanctions include, but are not
16limited to, payment suspension, loss of payment, enrollment
17limitations, admission holds, removal of individuals currently
18served, or other actions up to and including contract
19termination, certification revocation, or licensure
20revocation. In situations in which recipients of services are
21placed at imminent risk of harm, steps to ensure the safety of
22individuals and any provider sanctions shall be taken
23expeditiously and not progressively. A service provider that
24has received a sanction may appeal the sanction in writing to
25the Department of Healthcare and Family Services within 30

 

 

10300SB3753ham001- 5 -LRB103 39458 RLC 73203 a

1days of receipt of the sanction. Steps to ensure the safety of
2individuals may be taken regardless of a service provider
3appeal. The Department shall adopt rules as necessary to
4implement this Section.
 
5    (405 ILCS 5/4-801 new)
6    Sec. 4-801. Provider appeals and fair hearings. After an
7informal review of a discharge by the Department of Human
8Services Division of Developmental Disabilities, a provider
9may request a reconsideration of the decision, to the
10Department of Human Services Division of Developmental
11Disabilities. The reconsideration request must be received
12within 10 working days after the provider receives the written
13notification, following the informal review decision from the
14Department of Human Services Division of Developmental
15Disabilities. The Department of Human Services shall adopt
16rules as necessary to implement this Section.".