Full Text of HB4647 102nd General Assembly
HB4647enr 102ND GENERAL ASSEMBLY |
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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 ID/DD Community Care Act is amended by | 5 | | changing Section 3-213 as follows: | 6 | | (210 ILCS 47/3-213)
| 7 | | Sec. 3-213. Periodic reports to Department. | 8 | | (a) The Department shall require periodic reports and | 9 | | shall have access to and may reproduce or photocopy at its cost | 10 | | any books, records, and other documents maintained by the | 11 | | facility to the extent necessary to carry out this Act and the | 12 | | rules promulgated under this Act. The Department shall not | 13 | | divulge or disclose the contents of a record under this | 14 | | Section in violation of Section 2-206 or as otherwise | 15 | | prohibited by this Act.
| 16 | | (b) The Department shall require a licensee to submit an | 17 | | annual report to the Department certifying that all | 18 | | legislatively or administratively mandated wage increases to | 19 | | benefit workers are passed through in accordance with the | 20 | | legislative or administrative mandate. Failure to report the | 21 | | information required under this Section shall result in | 22 | | appropriate enforcement action by the Department. The | 23 | | Department shall determine the manner and form of the annual |
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| 1 | | report. | 2 | | (Source: P.A. 96-339, eff. 7-1-10 .) | 3 | | Section 10. The Community-Integrated Living Arrangements | 4 | | Licensure and
Certification Act is amended by changing Section | 5 | | 4 as follows:
| 6 | | (210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
| 7 | | Sec. 4.
(a) Any community mental health or developmental | 8 | | services agency who
wishes to develop and support a variety of | 9 | | community-integrated living
arrangements may do so pursuant to | 10 | | a license issued by the Department under this Act.
However, | 11 | | programs established under or otherwise subject to the Child
| 12 | | Care Act of 1969, the Nursing Home Care Act, the Specialized | 13 | | Mental Health Rehabilitation Act of 2013, the ID/DD Community | 14 | | Care Act, or the MC/DD Act, as now or
hereafter amended, shall | 15 | | remain
subject thereto, and this Act shall not be construed to | 16 | | limit the
application of those Acts.
| 17 | | (b) The system of licensure established under this Act | 18 | | shall be for the purposes of:
| 19 | | (1) ensuring that all recipients residing in | 20 | | community-integrated living
arrangements are receiving | 21 | | appropriate community-based services, including
| 22 | | treatment, training and habilitation or rehabilitation;
| 23 | | (2) ensuring that recipients' rights are protected and | 24 | | that all programs
provided to and placements arranged for
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| 1 | | recipients comply with this Act, the Mental Health and | 2 | | Developmental
Disabilities Code, and applicable Department | 3 | | rules and regulations;
| 4 | | (3) maintaining the integrity of communities by | 5 | | requiring regular
monitoring and inspection of placements | 6 | | and other services provided in
community-integrated living | 7 | | arrangements.
| 8 | | The licensure system shall be administered by a quality | 9 | | assurance unit
within the Department which shall be | 10 | | administratively independent of units
responsible for funding | 11 | | of agencies or community services.
| 12 | | (c) As a condition of being licensed by the Department as a | 13 | | community
mental health or developmental services agency under | 14 | | this Act, the agency
shall certify to the Department that:
| 15 | | (1) all recipients residing in community-integrated | 16 | | living arrangements
are receiving appropriate | 17 | | community-based services, including treatment,
training | 18 | | and habilitation or rehabilitation;
| 19 | | (2) all programs provided to and placements arranged | 20 | | for recipients are
supervised by the agency; and
| 21 | | (3) all programs provided to and placements arranged | 22 | | for recipients
comply with this Act, the Mental Health and | 23 | | Developmental Disabilities
Code, and applicable Department | 24 | | rules and regulations.
| 25 | | (c-5) Each developmental services agency licensed under | 26 | | this Act shall submit an annual report to the Department, as a |
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| 1 | | contractual requirement between the Department and the | 2 | | developmental services agency, certifying that all | 3 | | legislatively or administratively mandated wage increases to | 4 | | benefit workers are passed through in accordance with the | 5 | | legislative or administrative mandate. The Department shall | 6 | | determine the manner and form of the annual report. | 7 | | (d) An applicant for licensure as a community mental | 8 | | health or
developmental services agency under this Act shall | 9 | | submit an application
pursuant to the application process | 10 | | established by the Department by rule
and shall pay an | 11 | | application fee in an amount established by the
Department, | 12 | | which amount shall not be more than $200.
| 13 | | (e) If an applicant meets the requirements established by | 14 | | the Department
to be licensed as a community mental health or | 15 | | developmental services
agency under this Act, after payment of | 16 | | the licensing fee, the Department
shall issue a license valid | 17 | | for 3 years from the date thereof unless
suspended or revoked | 18 | | by the Department or voluntarily surrendered by the agency.
| 19 | | (f) Upon application to the Department, the Department may | 20 | | issue a
temporary permit to an applicant for up to a 2-year | 21 | | period to allow the holder
of such permit reasonable time to | 22 | | become eligible for a license under this Act.
| 23 | | (g)(1) The Department may conduct site visits to an agency | 24 | | licensed under this
Act, or to any program or placement | 25 | | certified by the agency, and inspect
the records or premises, | 26 | | or both, of such agency, program or placement as
it deems |
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| 1 | | appropriate, for the
purpose of determining compliance with | 2 | | this Act, the Mental Health and
Developmental Disabilities | 3 | | Code, and applicable Department rules and regulations. The | 4 | | Department shall conduct inspections of the records and | 5 | | premises of each community-integrated living arrangement | 6 | | certified under this Act at least once every 2 years.
| 7 | | (2) If the Department determines that an agency licensed | 8 | | under this Act
is not in compliance with this Act or the rules | 9 | | and regulations promulgated
under this Act, the Department | 10 | | shall serve a notice of violation
upon the licensee. Each | 11 | | notice of violation shall be prepared in writing
and shall | 12 | | specify the nature of the violation, the statutory provision | 13 | | or
rule alleged to have been violated, and that the licensee
| 14 | | submit a plan of correction to the Department if required. The | 15 | | notice shall also
inform the licensee of any other action | 16 | | which the Department might take
pursuant to this Act and of the | 17 | | right to a hearing.
| 18 | | (g-5) As determined by the Department, a disproportionate | 19 | | number or percentage of licensure complaints; a | 20 | | disproportionate number or percentage of substantiated cases | 21 | | of abuse, neglect, or exploitation involving an agency; an | 22 | | apparent unnatural death of an individual served by an agency; | 23 | | any egregious or life-threatening abuse or neglect within an | 24 | | agency; or any other significant event as determined by the | 25 | | Department shall initiate a review of the agency's license by | 26 | | the Department, as well as a review of its service agreement |
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| 1 | | for funding. The Department shall adopt rules to establish the | 2 | | process by which the determination to initiate a review shall | 3 | | be made and the timeframe to initiate a review upon the making | 4 | | of such determination. | 5 | | (h) Upon the expiration of any license issued under this | 6 | | Act, a license
renewal application shall be required of and a | 7 | | license renewal fee in an
amount established by the Department | 8 | | shall be
charged to a community mental health or
developmental | 9 | | services agency, provided that such fee shall not be more than | 10 | | $200.
| 11 | | (i) A public or private agency, association, partnership, | 12 | | corporation, or organization that has had a license revoked | 13 | | under subsection (b) of Section 6 of this Act may not apply for | 14 | | or possess a license under a different name. | 15 | | (Source: P.A. 99-180, eff. 7-29-15; 100-58, eff. 8-11-17; | 16 | | 100-313, eff. 8-24-17; 100-863, eff. 8-14-18.)
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