Full Text of HB5356 95th General Assembly
HB5356 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5356
Introduced , by Rep. Lou Lang SYNOPSIS AS INTRODUCED: |
|
210 ILCS 135/4 |
from Ch. 91 1/2, par. 1704 |
|
Amends the Community-Integrated Living Arrangements Licensure and
Certification Act. Provides that as a condition of being licensed by the Department as a community
mental health or developmental services agency under the Act, the agency
shall certify to the Department that the agency will be responsible for compliance with the Health Care Worker Background Check Act. Effective immediately.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB5356 |
|
LRB095 18320 DRJ 44404 b |
|
| 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 or the Nursing Home Care Act, as now or
| 14 |
| hereafter amended, shall remain
subject thereto, and this Act | 15 |
| shall not be construed to limit the
application of those Acts.
| 16 |
| (b) The system of licensure established under this Act | 17 |
| shall be for the purposes of:
| 18 |
| (1) Insuring that all recipients residing in | 19 |
| community-integrated living
arrangements are receiving | 20 |
| appropriate community-based services, including
treatment, | 21 |
| training and habilitation or rehabilitation;
| 22 |
| (2) Insuring that recipients' rights are protected and that | 23 |
| all programs
provided to and placements arranged for
recipients |
|
|
|
HB5356 |
- 2 - |
LRB095 18320 DRJ 44404 b |
|
| 1 |
| comply with this Act, the Mental Health and Developmental
| 2 |
| Disabilities Code, and applicable Department rules and | 3 |
| regulations;
| 4 |
| (3) Maintaining the integrity of communities by requiring | 5 |
| regular
monitoring and inspection of placements and other | 6 |
| services provided in
community-integrated living arrangements.
| 7 |
| The licensure system shall be administered by a quality | 8 |
| assurance unit
within the Department which shall be | 9 |
| administratively independent of units
responsible for funding | 10 |
| of agencies or community services.
| 11 |
| (c) As a condition of being licensed by the Department as a | 12 |
| community
mental health or developmental services agency under | 13 |
| this Act, the agency
shall certify to the Department that:
| 14 |
| (1) All recipients residing in community-integrated living | 15 |
| arrangements
are receiving appropriate community-based | 16 |
| services, including treatment,
training and habilitation or | 17 |
| rehabilitation;
| 18 |
| (2) All programs provided to and placements arranged for | 19 |
| recipients are
supervised by the agency; and
| 20 |
| (3) All programs provided to and placements arranged for | 21 |
| recipients
comply with this Act, the Mental Health and | 22 |
| Developmental Disabilities
Code, and applicable Department | 23 |
| rules and regulations ; and .
| 24 |
| (4) The agency will be responsible for compliance with the | 25 |
| Health Care Worker Background Check Act. | 26 |
| (d) An applicant for licensure as a community mental health |
|
|
|
HB5356 |
- 3 - |
LRB095 18320 DRJ 44404 b |
|
| 1 |
| or
developmental services agency under this Act shall submit an | 2 |
| application
pursuant to the application process established by | 3 |
| the Department by rule
and shall pay an application fee in an | 4 |
| amount established by the
Department, which amount shall not be | 5 |
| more than $200.
| 6 |
| (e) If an applicant meets the requirements established by | 7 |
| the Department
to be licensed as a community mental health or | 8 |
| developmental services
agency under this Act, after payment of | 9 |
| the licensing fee, the Department
shall issue a license valid | 10 |
| for 3 years from the date thereof unless
suspended or revoked | 11 |
| by the Department or voluntarily surrendered by the agency.
| 12 |
| (f) Upon application to the Department, the Department may | 13 |
| issue a
temporary permit to an applicant for a 6-month period | 14 |
| to allow the holder
of such permit reasonable time to become | 15 |
| eligible for a license under this Act.
| 16 |
| (g)(1) The Department may conduct site visits to an agency | 17 |
| licensed under this
Act, or to any program or placement | 18 |
| certified by the agency, and inspect
the records or premises, | 19 |
| or both, of such agency, program or placement as
it deems | 20 |
| appropriate, for the
purpose of determining compliance with | 21 |
| this Act, the Mental Health and
Developmental Disabilities | 22 |
| Code, and applicable Department rules and regulations.
| 23 |
| (2) If the Department determines that an agency licensed | 24 |
| under this Act
is not in compliance with this Act or the rules | 25 |
| and regulations promulgated
under this Act, the Department | 26 |
| shall serve a notice of violation
upon the licensee. Each |
|
|
|
HB5356 |
- 4 - |
LRB095 18320 DRJ 44404 b |
|
| 1 |
| notice of violation shall be prepared in writing
and shall | 2 |
| specify the nature of the violation, the statutory provision or
| 3 |
| rule alleged to have been violated, and that the licensee
| 4 |
| submit a plan of correction to the Department if required. The | 5 |
| notice shall also
inform the licensee of any other action which | 6 |
| the Department might take
pursuant to this Act and of the right | 7 |
| to a hearing.
| 8 |
| (h) Upon the expiration of any license issued under this | 9 |
| Act, a license
renewal application shall be required of and a | 10 |
| license renewal fee in an
amount established by the Department | 11 |
| shall be
charged to a community mental health or
developmental | 12 |
| services agency, provided that such fee shall not be more than | 13 |
| $200.
| 14 |
| (Source: P.A. 86-820.)
| 15 |
| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
|
|