Rep. Chapin Rose

Filed: 3/27/2012

 

 


 

 


 
09700HB5927ham002LRB097 17854 CEL 67998 a

1
AMENDMENT TO HOUSE BILL 5927

2    AMENDMENT NO. ______. Amend House Bill 5927, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Community-Integrated Living Arrangements
6Licensure and Certification Act is amended by changing Section
74 as follows:
 
8    (210 ILCS 135/4)  (from Ch. 91 1/2, par. 1704)
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, or the ID/DD Community Care
16Act, as now or hereafter amended, shall remain subject thereto,

 

 

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1and this Act shall not be construed to limit the application of
2those Acts.
3    (b) The system of licensure established under this Act
4shall be for the purposes of:
5        (1) Insuring that all recipients residing in
6    community-integrated living arrangements are receiving
7    appropriate community-based services, including treatment,
8    training and habilitation or rehabilitation;
9        (2) Insuring that recipients' rights are protected and
10    that all programs provided to and placements arranged for
11    recipients comply with this Act, the Mental Health and
12    Developmental Disabilities Code, and applicable Department
13    rules and regulations;
14        (3) Maintaining the integrity of communities by
15    requiring regular monitoring and inspection of placements
16    and other services provided in community-integrated living
17    arrangements.
18    The licensure system shall be administered by a quality
19assurance unit within the Department which shall be
20administratively independent of units responsible for funding
21of agencies or community services.
22    (c) As a condition of being licensed by the Department as a
23community mental health or developmental services agency under
24this Act, the agency shall certify to the Department that:
25        (1) All recipients residing in community-integrated
26    living arrangements are receiving appropriate

 

 

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1    community-based services, including treatment, training
2    and habilitation or rehabilitation;
3        (2) All programs provided to and placements arranged
4    for recipients are supervised by the agency; and
5        (3) All programs provided to and placements arranged
6    for recipients comply with this Act, the Mental Health and
7    Developmental Disabilities Code, and applicable Department
8    rules and regulations.
9    (d) An applicant for licensure as a community mental health
10or developmental services agency under this Act shall submit an
11application pursuant to the application process established by
12the Department by rule and shall pay an application fee in an
13amount established by the Department, which amount shall not be
14more than $200.
15    (e) If an applicant meets the requirements established by
16the Department to be licensed as a community mental health or
17developmental services agency under this Act, after payment of
18the licensing fee, the Department shall issue a license valid
19for 3 years from the date thereof unless suspended or revoked
20by the Department or voluntarily surrendered by the agency.
21    (e-5) The Department may not adopt any rule that includes
22any restriction or other requirement as to the distance between
23facilities licensed under this Act. The Department shall adopt
24and implement rules that promote community integration that
25seeks to expand opportunities for additional
26community-integrated living arrangements to rebalance the

 

 

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1service system toward community-based services. The Department
2shall seek input from consumers, providers, and other advocates
3before adopting any additional rules to promote community
4integration. The Department's new rules shall include, but not
5be limited to, opportunities to retrofit or expand physical
6structures into independent facilities so that the structures
7shall be eligible for licensure as a 4 or 8 bed facility.
8    (e-8) The Department shall incorporate geographic
9distribution into the Department's selection process of
10individuals to be served in a community-based living
11arrangement from the Department's waiting list, the
12Prioritization of Urgency of Need for Services (PUNS) database.
13    (f) Upon application to the Department, the Department may
14issue a temporary permit to an applicant for a 6-month period
15to allow the holder of such permit reasonable time to become
16eligible for a license under this Act.
17    (g)(1) The Department may conduct site visits to an agency
18licensed under this Act, or to any program or placement
19certified by the agency, and inspect the records or premises,
20or both, of such agency, program or placement as it deems
21appropriate, for the purpose of determining compliance with
22this Act, the Mental Health and Developmental Disabilities
23Code, and applicable Department rules and regulations.
24    (2) If the Department determines that an agency licensed
25under this Act is not in compliance with this Act or the rules
26and regulations promulgated under this Act, the Department

 

 

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1shall serve a notice of violation upon the licensee. Each
2notice of violation shall be prepared in writing and shall
3specify the nature of the violation, the statutory provision or
4rule alleged to have been violated, and that the licensee
5submit a plan of correction to the Department if required. The
6notice shall also inform the licensee of any other action which
7the Department might take pursuant to this Act and of the right
8to a hearing.
9    (g-5) As determined by the Department, a disproportionate
10number or percentage of licensure complaints; a
11disproportionate number or percentage of substantiated cases
12of abuse, neglect, or exploitation involving an agency; an
13apparent unnatural death of an individual served by an agency;
14any egregious or life-threatening abuse or neglect within an
15agency; or any other significant event as determined by the
16Department shall initiate a review of the agency's license by
17the Department, as well as a review of its service agreement
18for funding. The Department shall adopt rules to establish the
19process by which the determination to initiate a review shall
20be made and the timeframe to initiate a review upon the making
21of 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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1$200.
2(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
3eff. 1-1-12; 97-441, eff. 8-19-11; revised 9-28-11.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".