Full Text of HB0178 101st General Assembly
HB0178ham001 101ST GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 4/2/2019
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| 1 | | AMENDMENT TO HOUSE BILL 178
| 2 | | AMENDMENT NO. ______. Amend House Bill 178 by replacing | 3 | | everything after the enacting clause with the following:
| 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, the Nursing Home Care Act, the Specialized | 14 | | Mental Health Rehabilitation Act of 2013, the ID/DD Community | 15 | | Care Act, or the MC/DD Act, as now or
hereafter amended, shall | 16 | | remain
subject thereto, and this Act shall not be construed to |
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| 1 | | limit the
application of those Acts.
| 2 | | (b) The system of licensure established under this Act | 3 | | shall be for the purposes of:
| 4 | | (1) ensuring that all recipients residing in | 5 | | community-integrated living
arrangements are receiving | 6 | | appropriate community-based services, including
treatment, | 7 | | training and habilitation or rehabilitation;
| 8 | | (2) ensuring that recipients' rights are protected and | 9 | | that all programs
provided to and placements arranged for
| 10 | | recipients comply with this Act, the Mental Health and | 11 | | Developmental
Disabilities Code, and applicable Department | 12 | | rules and regulations;
| 13 | | (3) maintaining the integrity of communities by | 14 | | requiring regular
monitoring and inspection of placements | 15 | | and other services provided in
community-integrated living | 16 | | arrangements.
| 17 | | The licensure system shall be administered by a quality | 18 | | assurance unit
within the Department which shall be | 19 | | administratively independent of units
responsible for funding | 20 | | of agencies or community services.
| 21 | | (c) As a condition of being licensed by the Department as a | 22 | | community
mental health or developmental services agency under | 23 | | this Act, the agency
shall certify to the Department that:
| 24 | | (1) all recipients residing in community-integrated | 25 | | living arrangements
are receiving appropriate | 26 | | community-based services, including treatment,
training |
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| 1 | | and habilitation or rehabilitation;
| 2 | | (2) all programs provided to and placements arranged | 3 | | for recipients are
supervised by the agency; and
| 4 | | (3) all programs provided to and placements arranged | 5 | | for recipients
comply with this Act, the Mental Health and | 6 | | Developmental Disabilities
Code, and applicable Department | 7 | | rules and regulations.
| 8 | | (d) An applicant for licensure as a community mental health | 9 | | or
developmental services agency under this Act shall submit an | 10 | | application
pursuant to the application process established by | 11 | | the Department by rule
and shall pay an application fee in an | 12 | | amount established by the
Department, which amount shall not be | 13 | | more than $200.
| 14 | | (e) If an applicant meets the requirements established by | 15 | | the Department
to be licensed as a community mental health or | 16 | | developmental services
agency under this Act, after payment of | 17 | | the licensing fee, the Department
shall issue a license valid | 18 | | for 2 3 years from the date thereof unless
suspended or revoked | 19 | | by the Department or voluntarily surrendered by the agency.
| 20 | | (f) Upon application to the Department, the Department may | 21 | | issue a
temporary permit to an applicant for up to a 2-year | 22 | | period to allow the holder
of such permit reasonable time to | 23 | | become eligible for a license under this Act.
| 24 | | (g)(1) The Department may conduct site visits to an agency | 25 | | licensed under this
Act, or to any program or placement | 26 | | certified by the agency, and inspect
the records or premises, |
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| 1 | | or both, of such agency, program or placement as
it deems | 2 | | appropriate, for the
purpose of determining compliance with | 3 | | this Act, the Mental Health and
Developmental Disabilities | 4 | | Code, and applicable Department rules and regulations. The | 5 | | Department shall conduct inspections of the records and | 6 | | premises of each community-integrated living arrangement | 7 | | certified under this Act at least once every 2 years.
| 8 | | (2) If the Department determines that an agency licensed | 9 | | under this Act
is not in compliance with this Act or the rules | 10 | | and regulations promulgated
under this Act, the Department | 11 | | shall serve a notice of violation
upon the licensee. Each | 12 | | notice of violation shall be prepared in writing
and shall | 13 | | specify the nature of the violation, the statutory provision or
| 14 | | rule alleged to have been violated, and that the licensee
| 15 | | submit a plan of correction to the Department if required. The | 16 | | notice shall also
inform the licensee of any other action which | 17 | | the Department might take
pursuant to this Act and of the right | 18 | | to a hearing. | 19 | | (3) If an agency licensed under this Act receives a | 20 | | compliance score as the result of a survey or audit from the | 21 | | Department or the Bureau of Accreditation, Licensure and | 22 | | Certification that is less than acceptably compliant, then the | 23 | | agency shall implement a plan of corrections to address the | 24 | | violations listed in the survey or audit and may be subject to | 25 | | additional sanctions based on the agency's compliance score, | 26 | | including, but not limited to, a freeze on admissions and |
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| 1 | | revocation of the agency's license.
| 2 | | (g-5) As determined by the Department, a disproportionate | 3 | | number or percentage of licensure complaints; a | 4 | | disproportionate number or percentage of substantiated cases | 5 | | of abuse, neglect, or exploitation involving an agency; an | 6 | | apparent unnatural death of an individual served by an agency; | 7 | | any egregious or life-threatening abuse or neglect within an | 8 | | agency; or any other significant event as determined by the | 9 | | Department shall initiate a review of the agency's license by | 10 | | the Department, as well as a review of its service agreement | 11 | | for funding. The Department shall adopt rules to establish the | 12 | | process by which the determination to initiate a review shall | 13 | | be made and the timeframe to initiate a review upon the making | 14 | | of such determination. | 15 | | (h) Upon the expiration of any license issued under this | 16 | | Act, a license
renewal application shall be required of and a | 17 | | license renewal fee in an
amount established by the Department | 18 | | shall be
charged to a community mental health or
developmental | 19 | | services agency, provided that such fee shall not be more than | 20 | | $200.
| 21 | | (i) A public or private agency, association, partnership, | 22 | | corporation, or organization that has had a license revoked | 23 | | under subsection (b) of Section 6 of this Act may not apply for | 24 | | or possess a license under a different name. | 25 | | (Source: P.A. 99-180, eff. 7-29-15; 100-58, eff. 8-11-17; | 26 | | 100-313, eff. 8-24-17; 100-863, eff. 8-14-18.)".
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