Full Text of HB5356 95th General Assembly
HB5356eng 95TH GENERAL ASSEMBLY
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HB5356 Engrossed |
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LRB095 18320 DRJ 44404 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Community-Integrated Living Arrangements | 5 |
| Licensure and
Certification Act is amended by changing Section | 6 |
| 4 as follows:
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| (210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
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| 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
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| Care Act of 1969 or the Nursing Home Care Act, as now or
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| hereafter amended, shall remain
subject thereto, and this Act | 15 |
| shall not be construed to limit the
application of those Acts.
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| (b) The system of licensure established under this Act | 17 |
| shall be for the purposes of:
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| (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;
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| (2) Insuring that recipients' rights are protected and that | 23 |
| all programs
provided to and placements arranged for
recipients |
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LRB095 18320 DRJ 44404 b |
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| comply with this Act, the Mental Health and Developmental
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| Disabilities Code, and applicable Department rules and | 3 |
| regulations;
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| (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.
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| 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.
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| (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:
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| (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;
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| (2) All programs provided to and placements arranged for | 19 |
| recipients are
supervised by the agency; and
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| (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 .
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| (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 |
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LRB095 18320 DRJ 44404 b |
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| 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.
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| (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.
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| (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.
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| (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.
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| (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 |
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| notice of violation shall be prepared in writing
and shall | 2 |
| specify the nature of the violation, the statutory provision or
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| rule alleged to have been violated, and that the licensee
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| 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.
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| (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.
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| (i) Notwithstanding any other rulemaking authority that | 15 |
| may exist, neither the Governor nor any agency or agency head | 16 |
| under the jurisdiction of the Governor has any authority to | 17 |
| make or promulgate rules to implement or enforce the provisions | 18 |
| of this amendatory Act of the 95th General Assembly. If, | 19 |
| however, the Governor believes that rules are necessary to | 20 |
| implement or enforce the provisions of this amendatory Act of | 21 |
| the 95th General Assembly, the Governor may suggest rules to | 22 |
| the General Assembly by filing them with the Clerk of the House | 23 |
| and Secretary of the Senate and by requesting that the General | 24 |
| Assembly authorize such rulemaking by law, enact those | 25 |
| suggested rules into law, or take any other appropriate action | 26 |
| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be | 2 |
| interpreted to grant rulemaking authority under any other | 3 |
| Illinois statute where such authority is not otherwise | 4 |
| explicitly given. For the purposes of this amendatory Act of | 5 |
| the 95th General Assembly, "rules" is given the meaning | 6 |
| contained in Section 1-70 of the Illinois Administrative | 7 |
| Procedure Act, and "agency" and "agency head" are given the | 8 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 9 |
| Administrative Procedure Act to the extent that such | 10 |
| definitions apply to agencies or agency heads under the | 11 |
| jurisdiction of the Governor. | 12 |
| (Source: P.A. 86-820.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
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