Full Text of HB0653 97th General Assembly
HB0653eng 97TH 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 Community-Integrated Living Arrangements | 5 | | Licensure and
Certification Act is amended by changing Sections | 6 | | 4 and 9 and by adding Sections 13 and 14 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, or the MR/DD | 14 | | Community Care Act, as now or
hereafter amended, shall remain
| 15 | | subject thereto, and this Act shall not be construed to limit | 16 | | the
application of those Acts.
| 17 | | (b) The system of licensure established under this Act | 18 | | shall be for the purposes of:
| 19 | | (1) Insuring that all recipients residing in | 20 | | community-integrated living
arrangements are receiving | 21 | | appropriate community-based services, including
treatment, | 22 | | training and habilitation or rehabilitation;
| 23 | | (2) Insuring that recipients' rights are protected and |
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| 1 | | that all programs
provided to and placements arranged for
| 2 | | recipients comply with this Act, the Mental Health and | 3 | | Developmental
Disabilities Code, and applicable Department | 4 | | rules and regulations;
| 5 | | (3) Maintaining the integrity of communities by | 6 | | requiring regular
monitoring and inspection of placements | 7 | | and other services provided in
community-integrated living | 8 | | arrangements.
| 9 | | The licensure system shall be administered by a quality | 10 | | assurance unit
within the Department which shall be | 11 | | administratively independent of units
responsible for funding | 12 | | of agencies or community services.
| 13 | | (c) As a condition of being licensed by the Department as a | 14 | | community
mental health or developmental services agency under | 15 | | this Act, the agency
shall certify to the Department that:
| 16 | | (1) All recipients residing in community-integrated | 17 | | living arrangements
are receiving appropriate | 18 | | community-based services, including treatment,
training | 19 | | and habilitation or rehabilitation;
| 20 | | (2) All programs provided to and placements arranged | 21 | | for recipients are
supervised by the agency; and
| 22 | | (3) All programs provided to and placements arranged | 23 | | for recipients
comply with this Act, the Mental Health and | 24 | | Developmental Disabilities
Code, and applicable Department | 25 | | rules and regulations.
| 26 | | (d) An applicant for licensure as a community mental health |
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| 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 |
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| 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 | | (g-5) As determined by the Department, a disproportionate | 9 | | number or percentage of licensure complaints; a | 10 | | disproportionate number or percentage of substantiated cases | 11 | | of abuse, neglect, or exploitation involving an agency; an | 12 | | apparent unnatural death of an individual served by an agency; | 13 | | any egregious or life-threatening abuse or neglect within an | 14 | | agency; or any other significant event as determined by the | 15 | | Department shall initiate a review of the agency's license by | 16 | | the Department, as well as a review of its service agreement | 17 | | for funding. | 18 | | (h) Upon the expiration of any license issued under this | 19 | | Act, a license
renewal application shall be required of and a | 20 | | license renewal fee in an
amount established by the Department | 21 | | shall be
charged to a community mental health or
developmental | 22 | | services agency, provided that such fee shall not be more than | 23 | | $200.
| 24 | | (Source: P.A. 96-339, eff. 7-1-10 .)
| 25 | | (210 ILCS 135/9) (from Ch. 91 1/2, par. 1709)
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| 1 | | Sec. 9.
By July 1, 1989, the Department shall adopt rules | 2 | | pursuant to
the Illinois Administrative Procedure Act to | 3 | | establish minimum standards
for licensing community-integrated | 4 | | living arrangements under this Act.
These rules shall govern | 5 | | the operation and conduct of community-integrated
living | 6 | | arrangements and shall provide for the license application
| 7 | | process; agency standards and financial requirements; | 8 | | licensing,
certification and license renewal procedures; | 9 | | revocation of licenses;
notification to recipients of their | 10 | | rights and the ability to contact the
Guardianship and Advocacy | 11 | | Commission; emergency actions which can be taken
by the | 12 | | Department to protect recipients' rights, welfare, and safety; | 13 | | and
any other rules deemed necessary to implement the | 14 | | provisions of this Act.
| 15 | | By December 31, 1996, the Department shall adopt rules | 16 | | under the Illinois
Administrative Procedure Act that specify | 17 | | the components of reimbursement for
community-integrated | 18 | | living arrangements and include costs as reported on the
| 19 | | Interagency Statistical and Financial Report.
| 20 | | By December 31, 2011, the Department shall adopt rules | 21 | | under the Illinois Administrative Procedure Act that govern the | 22 | | assignment and operations of monitors and receiverships for | 23 | | community-integrated living arrangements wherein the | 24 | | Department has identified systemic risks to individuals | 25 | | served. The rules shall specify the criteria for determining | 26 | | the need for independent monitors and receivers, their conduct |
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| 1 | | once established, and their reporting requirements to the | 2 | | Department. These monitors and receivers shall be independent | 3 | | entities appointed by the Department and not staff from State | 4 | | agencies. This paragraph does not limit, however, the | 5 | | Department's authority to take necessary action through its own | 6 | | or other State staff. | 7 | | (Source: P.A. 89-31, eff. 6-23-95.)
| 8 | | (210 ILCS 135/13 new) | 9 | | Sec. 13. Registry checks for employees. By July 1, 2011, | 10 | | the Department shall require all of its community developmental | 11 | | services agencies to conduct required registry checks on | 12 | | employees at the time of hire and every 6 months thereafter | 13 | | during employment. The required registries to be checked are | 14 | | the Health Care Worker Registry, the Department of Children and | 15 | | Family Services' State Central Register, and the Illinois Sex | 16 | | Offender Registry. A person may not be employed if he or she is | 17 | | found to have disqualifying convictions or substantiated cases | 18 | | of abuse or neglect. At the time of the 6-month registry | 19 | | checks, if a current employee's name has been placed on a | 20 | | registry with disqualifying convictions or substantiated cases | 21 | | of abuse or neglect, then the employment must be terminated. | 22 | | (210 ILCS 135/14 new) | 23 | | Sec. 14. Transparency for individuals and guardians. By | 24 | | October 1, 2011, the Department shall make available to |
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| 1 | | individuals and guardians upon enrollment a document listing | 2 | | telephone numbers and other contact information to report | 3 | | suspected cases of abuse, neglect, or exploitation. The | 4 | | information provided shall include a delineation of the | 5 | | individuals' rights. By July 1, 2012, the Department shall make | 6 | | available through its website information on each agency | 7 | | regarding licensure and quality assurance survey results; | 8 | | licensure and contract status; and substantiated findings of | 9 | | abuse, neglect, and exploitation. The Department shall adopt | 10 | | rules regarding the posting of this information and shall | 11 | | inform individuals and guardians of its availability during the | 12 | | initial provider selection process.
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