Full Text of HB5927 97th General Assembly
HB5927ham002 97TH GENERAL ASSEMBLY | Rep. Chapin Rose Filed: 3/27/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5927
| 2 | | AMENDMENT NO. ______. Amend House Bill 5927, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Community-Integrated Living Arrangements | 6 | | Licensure and
Certification Act is amended by changing Section | 7 | | 4 as follows:
| 8 | | (210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
| 9 | | Sec. 4.
(a) Any community mental health or developmental | 10 | | services agency who
wishes to develop and support a variety of | 11 | | community-integrated living
arrangements may do so pursuant to | 12 | | a license issued by the Department under this Act.
However, | 13 | | programs established under or otherwise subject to the Child
| 14 | | Care Act of 1969, the Nursing Home Care Act, the Specialized | 15 | | Mental Health Rehabilitation Act, or the ID/DD Community Care | 16 | | Act, as now or
hereafter amended, shall remain
subject thereto, |
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| 1 | | and this Act shall not be construed to limit the
application of | 2 | | those Acts.
| 3 | | (b) The system of licensure established under this Act | 4 | | shall be for the purposes of:
| 5 | | (1) Insuring that all recipients residing in | 6 | | community-integrated living
arrangements are receiving | 7 | | appropriate community-based services, including
treatment, | 8 | | training and habilitation or rehabilitation;
| 9 | | (2) Insuring that recipients' rights are protected and | 10 | | that all programs
provided to and placements arranged for
| 11 | | recipients comply with this Act, the Mental Health and | 12 | | Developmental
Disabilities Code, and applicable Department | 13 | | rules and regulations;
| 14 | | (3) Maintaining the integrity of communities by | 15 | | requiring regular
monitoring and inspection of placements | 16 | | and other services provided in
community-integrated living | 17 | | arrangements.
| 18 | | The licensure system shall be administered by a quality | 19 | | assurance unit
within the Department which shall be | 20 | | administratively independent of units
responsible for funding | 21 | | of agencies or community services.
| 22 | | (c) As a condition of being licensed by the Department as a | 23 | | community
mental health or developmental services agency under | 24 | | this Act, the agency
shall certify to the Department that:
| 25 | | (1) All recipients residing in community-integrated | 26 | | living arrangements
are receiving appropriate |
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| 1 | | community-based services, including treatment,
training | 2 | | and habilitation or rehabilitation;
| 3 | | (2) All programs provided to and placements arranged | 4 | | for recipients are
supervised by the agency; and
| 5 | | (3) All programs provided to and placements arranged | 6 | | for recipients
comply with this Act, the Mental Health and | 7 | | Developmental Disabilities
Code, and applicable Department | 8 | | rules and regulations.
| 9 | | (d) An applicant for licensure as a community mental health | 10 | | or
developmental services agency under this Act shall submit an | 11 | | application
pursuant to the application process established by | 12 | | the Department by rule
and shall pay an application fee in an | 13 | | amount established by the
Department, which amount shall not be | 14 | | more than $200.
| 15 | | (e) If an applicant meets the requirements established by | 16 | | the Department
to be licensed as a community mental health or | 17 | | developmental services
agency under this Act, after payment of | 18 | | the licensing fee, the Department
shall issue a license valid | 19 | | for 3 years from the date thereof unless
suspended or revoked | 20 | | by the Department or voluntarily surrendered by the agency.
| 21 | | (e-5) The Department may not adopt any rule that includes | 22 | | any restriction or other requirement as to the distance between | 23 | | facilities licensed under this Act. The Department shall adopt | 24 | | and implement rules that promote community integration that | 25 | | seeks to expand opportunities for additional | 26 | | community-integrated living arrangements to rebalance the |
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| 1 | | service system toward community-based services. The Department | 2 | | shall seek input from consumers, providers, and other advocates | 3 | | before adopting any additional rules to promote community | 4 | | integration. The Department's new rules shall include, but not | 5 | | be limited to, opportunities to retrofit or expand physical | 6 | | structures into independent facilities so that the structures | 7 | | shall be eligible for licensure as a 4 or 8 bed facility. | 8 | | (e-8) The Department shall incorporate geographic | 9 | | distribution into the Department's selection process of | 10 | | individuals to be served in a community-based living | 11 | | arrangement from the Department's waiting list, the | 12 | | Prioritization of Urgency of Need for Services (PUNS) database. | 13 | | (f) Upon application to the Department, the Department may | 14 | | issue a
temporary permit to an applicant for a 6-month period | 15 | | to allow the holder
of such permit reasonable time to become | 16 | | eligible for a license under this Act.
| 17 | | (g)(1) The Department may conduct site visits to an agency | 18 | | licensed under this
Act, or to any program or placement | 19 | | certified by the agency, and inspect
the records or premises, | 20 | | or both, of such agency, program or placement as
it deems | 21 | | appropriate, for the
purpose of determining compliance with | 22 | | this Act, the Mental Health and
Developmental Disabilities | 23 | | Code, and applicable Department rules and regulations.
| 24 | | (2) If the Department determines that an agency licensed | 25 | | under this Act
is not in compliance with this Act or the rules | 26 | | and regulations promulgated
under this Act, the Department |
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| 1 | | shall serve a notice of violation
upon the licensee. Each | 2 | | notice of violation shall be prepared in writing
and shall | 3 | | specify the nature of the violation, the statutory provision or
| 4 | | rule alleged to have been violated, and that the licensee
| 5 | | submit a plan of correction to the Department if required. The | 6 | | notice shall also
inform the licensee of any other action which | 7 | | the Department might take
pursuant to this Act and of the right | 8 | | to a hearing.
| 9 | | (g-5) As determined by the Department, a disproportionate | 10 | | number or percentage of licensure complaints; a | 11 | | disproportionate number or percentage of substantiated cases | 12 | | of abuse, neglect, or exploitation involving an agency; an | 13 | | apparent unnatural death of an individual served by an agency; | 14 | | any egregious or life-threatening abuse or neglect within an | 15 | | agency; or any other significant event as determined by the | 16 | | Department shall initiate a review of the agency's license by | 17 | | the Department, as well as a review of its service agreement | 18 | | for funding. The Department shall adopt rules to establish the | 19 | | process by which the determination to initiate a review shall | 20 | | be made and the timeframe to initiate a review upon the making | 21 | | of such determination. | 22 | | (h) Upon the expiration of any license issued under this | 23 | | Act, a license
renewal application shall be required of and a | 24 | | license renewal fee in an
amount established by the Department | 25 | | shall be
charged to a community mental health or
developmental | 26 | | services agency, provided that such fee shall not be more than |
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| 1 | | $200.
| 2 | | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | 3 | | eff. 1-1-12; 97-441, eff. 8-19-11; revised 9-28-11.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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