Full Text of HB0178 101st General Assembly
HB0178 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0178 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| 210 ILCS 135/4 | from Ch. 91 1/2, par. 1704 |
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Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that licenses for community mental health or developmental services agencies are valid for one year (rather than 3 years). Provides that an agency licensed under the Act or a community-integrated living arrangement certified by an agency must maintain for public inspection copies of investigative reports and surveys conducted by the Department of Human Services. Provides that the Department must prepare a quarterly report detailing violations of the Act by an agency licensed under the Act or a community-integrated living arrangement certified by an agency and must publish the report on its website. Provides that the report must include the name and address of each agency and community-integrated living arrangement that violates the Act.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Community-Integrated Living Arrangements | 5 | | Licensure and
Certification Act is amended by changing Section | 6 | | 4 as follows:
| 7 | | (210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
| 8 | | Sec. 4.
(a) Any community mental health or developmental | 9 | | services agency who
wishes to develop and support a variety of | 10 | | community-integrated living
arrangements may do so pursuant to | 11 | | a license issued by the Department under this Act.
However, | 12 | | programs established under or otherwise subject to the Child
| 13 | | Care Act of 1969, the Nursing Home Care Act, the Specialized | 14 | | Mental Health Rehabilitation Act of 2013, the ID/DD Community | 15 | | Care Act, or the MC/DD Act, as now or
hereafter amended, shall | 16 | | remain
subject thereto, and this Act shall not be construed to | 17 | | limit the
application of those Acts.
| 18 | | (b) The system of licensure established under this Act | 19 | | shall be for the purposes of:
| 20 | | (1) ensuring that all recipients residing in | 21 | | community-integrated living
arrangements are receiving | 22 | | appropriate community-based services, including
treatment, | 23 | | training and habilitation or rehabilitation;
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| 1 | | (2) ensuring that recipients' rights are protected and | 2 | | that all programs
provided to and placements arranged for
| 3 | | recipients comply with this Act, the Mental Health and | 4 | | Developmental
Disabilities Code, and applicable Department | 5 | | rules and regulations;
| 6 | | (3) maintaining the integrity of communities by | 7 | | requiring regular
monitoring and inspection of placements | 8 | | and other services provided in
community-integrated living | 9 | | arrangements.
| 10 | | The licensure system shall be administered by a quality | 11 | | assurance unit
within the Department which shall be | 12 | | administratively independent of units
responsible for funding | 13 | | of agencies or community services.
| 14 | | (c) As a condition of being licensed by the Department as a | 15 | | community
mental health or developmental services agency under | 16 | | this Act, the agency
shall certify to the Department that:
| 17 | | (1) all recipients residing in community-integrated | 18 | | living arrangements
are receiving appropriate | 19 | | community-based services, including treatment,
training | 20 | | and habilitation or rehabilitation;
| 21 | | (2) all programs provided to and placements arranged | 22 | | for recipients are
supervised by the agency; and
| 23 | | (3) all programs provided to and placements arranged | 24 | | for recipients
comply with this Act, the Mental Health and | 25 | | Developmental Disabilities
Code, and applicable Department | 26 | | rules and regulations.
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| 1 | | (d) An applicant for licensure as a community mental health | 2 | | or
developmental services agency under this Act shall submit an | 3 | | application
pursuant to the application process established by | 4 | | the Department by rule
and shall pay an application fee in an | 5 | | amount established by the
Department, which amount shall not be | 6 | | more than $200.
| 7 | | (e) If an applicant meets the requirements established by | 8 | | the Department
to be licensed as a community mental health or | 9 | | developmental services
agency under this Act, after payment of | 10 | | the licensing fee, the Department
shall issue a license valid | 11 | | for one year 3 years from the date thereof unless
suspended or | 12 | | revoked by the Department or voluntarily surrendered by the | 13 | | agency.
| 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.
| 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. An agency | 2 | | licensed under this Act or a community-integrated living | 3 | | arrangement certified by an agency must maintain for public | 4 | | inspection copies of investigative reports and surveys | 5 | | conducted by the Department.
| 6 | | (2) If the Department determines that an agency licensed | 7 | | under this Act
is not in compliance with this Act or the rules | 8 | | and regulations promulgated
under this Act, the Department | 9 | | shall serve a notice of violation
upon the licensee. Each | 10 | | notice of violation shall be prepared in writing
and shall | 11 | | specify the nature of the violation, the statutory provision or
| 12 | | rule alleged to have been violated, and that the licensee
| 13 | | submit a plan of correction to the Department if required. The | 14 | | notice shall also
inform the licensee of any other action which | 15 | | the Department might take
pursuant to this Act and of the right | 16 | | to a hearing. The Department must prepare a quarterly report | 17 | | detailing violations of this Act by an agency licensed under | 18 | | this Act or a community-integrated living arrangement | 19 | | certified by an agency and publish the report on its website; | 20 | | the report must include the name and address of each agency and | 21 | | community-integrated living arrangement that violates this | 22 | | Act.
| 23 | | (g-5) As determined by the Department, a disproportionate | 24 | | number or percentage of licensure complaints; a | 25 | | disproportionate number or percentage of substantiated cases | 26 | | of abuse, neglect, or exploitation involving an agency; an |
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| 1 | | apparent unnatural death of an individual served by an agency; | 2 | | any egregious or life-threatening abuse or neglect within an | 3 | | agency; or any other significant event as determined by the | 4 | | Department shall initiate a review of the agency's license by | 5 | | the Department, as well as a review of its service agreement | 6 | | for funding. The Department shall adopt rules to establish the | 7 | | process by which the determination to initiate a review shall | 8 | | be made and the timeframe to initiate a review upon the making | 9 | | of such determination. | 10 | | (h) Upon the expiration of any license issued under this | 11 | | Act, a license
renewal application shall be required of and a | 12 | | license renewal fee in an
amount established by the Department | 13 | | shall be
charged to a community mental health or
developmental | 14 | | services agency, provided that such fee shall not be more than | 15 | | $200.
| 16 | | (i) A public or private agency, association, partnership, | 17 | | corporation, or organization that has had a license revoked | 18 | | under subsection (b) of Section 6 of this Act may not apply for | 19 | | or possess a license under a different name. | 20 | | (Source: P.A. 99-180, eff. 7-29-15; 100-58, eff. 8-11-17; | 21 | | 100-313, eff. 8-24-17; 100-863, eff. 8-14-18.)
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