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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 Sections | ||||||
| 6 | 5 and 8 as follows:
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| 7 | (210 ILCS 135/5) (from Ch. 91 1/2, par. 1705)
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| 8 | Sec. 5.
(a) The Department shall may conduct an | ||||||
| 9 | investigation upon receipt of a complaint
to insure that the | ||||||
| 10 | agency is in compliance with this Act.
If, based upon the | ||||||
| 11 | results of its
investigation, the Department determines that | ||||||
| 12 | the agency is not in
compliance with this Act, it shall serve a | ||||||
| 13 | notice of violation upon the
agency as set forth in paragraph | ||||||
| 14 | (2) of subsection (g) of Section 4 above.
Upon request by a | ||||||
| 15 | complainant,
the Department shall notify the complainant of the | ||||||
| 16 | results of any
investigation of a complaint.
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| 17 | (b) The complaint, a copy of the complaint, or a record | ||||||
| 18 | published,
released or otherwise disclosed to the agency shall | ||||||
| 19 | not disclose the name of
the complainant unless the complainant | ||||||
| 20 | consents in writing to the
disclosure or the investigation | ||||||
| 21 | results in a judicial proceeding, or unless
disclosure is | ||||||
| 22 | essential to the investigation.
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| 23 | (c) An agency licensed under this Act or its agents shall | ||||||
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| 1 | not transfer,
harass, dismiss, or
retaliate against a recipient | ||||||
| 2 | who is the subject of a complaint
under this Act.
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| 3 | (Source: P.A. 85-1250.)
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| 4 | (210 ILCS 135/8) (from Ch. 91 1/2, par. 1708)
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| 5 | Sec. 8.
(a) Any community mental health or developmental | ||||||
| 6 | services agency
that continues to operate after its license is | ||||||
| 7 | revoked under this Act, or
after its license expires and the | ||||||
| 8 | Department refuses to renew the license,
is guilty of a | ||||||
| 9 | business offense and shall be fined an amount in excess of
$500 | ||||||
| 10 | but not exceeding $2,000, and each day of violation is a | ||||||
| 11 | separate
offense. All fines shall be paid to the Mental Health | ||||||
| 12 | Fund.
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| 13 | (b) Whenever the Department is advised or has reason to | ||||||
| 14 | believe that any
person, group of persons, association, | ||||||
| 15 | partnership or corporation is
operating an agency without a | ||||||
| 16 | license or permit in violation of this Act,
the Department | ||||||
| 17 | shall may investigate to ascertain the facts, shall may notify | ||||||
| 18 | the
person or other entity that he is in violation of this Act, | ||||||
| 19 | and shall may make
referrals to appropriate investigatory or | ||||||
| 20 | law enforcement agencies. Any person,
group of persons, | ||||||
| 21 | association, partnership or corporation who continues to
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| 22 | operate a community mental health or developmental services | ||||||
| 23 | agency as
defined in subsection (b) of Section 3 of this Act | ||||||
| 24 | without a
license or temporary permit issued by the Department, | ||||||
| 25 | after receiving notice
from the Department that such operation | ||||||
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| 1 | is in violation of this Act,
shall
be guilty of a business | ||||||
| 2 | offense and shall be fined an amount in excess of
$500 but not | ||||||
| 3 | exceeding $2,000, and each day of operation after receiving
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| 4 | such notice is a separate offense. All fines shall be paid to | ||||||
| 5 | the Mental
Health Fund.
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| 6 | (Source: P.A. 85-1250.)
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| 7 | Section 99. Effective date. This Act takes effect upon | ||||||
| 8 | becoming law.
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