Illinois General Assembly - Full Text of HB4647
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Full Text of HB4647  102nd General Assembly

HB4647 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4647

 

Introduced 1/21/2022, by Rep. Lamont J. Robinson, Jr.

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 47/3-213
210 ILCS 135/4  from Ch. 91 1/2, par. 1704

    Amends the ID/DD Community Care Act. Provides that the Department of Public Health shall require licensees to submit an annual report to the Department that includes specified data. Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that, as a condition of being licensed by the Department of Human Services as a community mental health or developmental services agency under the Act, the agency shall certify to the Department that all funds legislatively or administratively earmarked for employee wage increase are passed through in their entirety to workers pursuant to legislative or administrative directives. Provides that the Department shall require licensees to submit an annual report to the Department that includes specified data. Makes other changes.


LRB102 24753 CPF 33993 b

 

 

A BILL FOR

 

HB4647LRB102 24753 CPF 33993 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The ID/DD Community Care Act is amended by
5changing Section 3-213 as follows:
 
6    (210 ILCS 47/3-213)
7    Sec. 3-213. Periodic reports to Department.
8    (a) The Department shall require periodic reports and
9shall have access to and may reproduce or photocopy at its cost
10any books, records, and other documents maintained by the
11facility to the extent necessary to carry out this Act and the
12rules promulgated under this Act. The Department shall not
13divulge or disclose the contents of a record under this
14Section in violation of Section 2-206 or as otherwise
15prohibited by this Act.
16    (b) The Department shall require licensees to submit an
17annual report to the Department that includes the following
18data:
19        (1) The lowest, median, and highest wage of direct
20    support personnel employed by the facility.
21        (2) The annual employee turnover rate.
22        (3) The race, gender, and ethnicity of frontline,
23    nonexecutive employees, including direct support

 

 

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1    personnel, aides, qualified intellectual disability
2    professionals, licensed practical nurses, certified
3    nursing assistants, registered nurses, and frontline
4    support staff.
5(Source: P.A. 96-339, eff. 7-1-10.)
 
6    Section 10. The Community-Integrated Living Arrangements
7Licensure and Certification Act is amended by changing Section
84 as follows:
 
9    (210 ILCS 135/4)  (from Ch. 91 1/2, par. 1704)
10    Sec. 4. (a) Any community mental health or developmental
11services agency who wishes to develop and support a variety of
12community-integrated living arrangements may do so pursuant to
13a license issued by the Department under this Act. However,
14programs established under or otherwise subject to the Child
15Care Act of 1969, the Nursing Home Care Act, the Specialized
16Mental Health Rehabilitation Act of 2013, the ID/DD Community
17Care Act, or the MC/DD Act, as now or hereafter amended, shall
18remain subject thereto, and this Act shall not be construed to
19limit the application of those Acts.
20    (b) The system of licensure established under this Act
21shall be for the purposes of:
22        (1) ensuring that all recipients residing in
23    community-integrated living arrangements are receiving
24    appropriate community-based services, including

 

 

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1    treatment, training and habilitation or rehabilitation;
2        (2) ensuring that recipients' rights are protected and
3    that all programs provided to and placements arranged for
4    recipients comply with this Act, the Mental Health and
5    Developmental Disabilities Code, and applicable Department
6    rules and regulations;
7        (3) maintaining the integrity of communities by
8    requiring regular monitoring and inspection of placements
9    and other services provided in community-integrated living
10    arrangements.
11    The licensure system shall be administered by a quality
12assurance unit within the Department which shall be
13administratively independent of units responsible for funding
14of agencies or community services.
15    (c) As a condition of being licensed by the Department as a
16community mental health or developmental services agency under
17this Act, the agency shall certify to the Department that:
18        (1) all recipients residing in community-integrated
19    living arrangements are receiving appropriate
20    community-based services, including treatment, training
21    and habilitation or rehabilitation;
22        (2) all programs provided to and placements arranged
23    for recipients are supervised by the agency; and
24        (3) all programs provided to and placements arranged
25    for recipients comply with this Act, the Mental Health and
26    Developmental Disabilities Code, and applicable Department

 

 

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1    rules and regulations; and .
2        (4) all funds legislatively or administratively
3    earmarked for employee wage increase are passed through in
4    their entirety to workers pursuant to legislative or
5    administrative directives.
6    (c-5) As a condition of being licensed by the Department
7as a community mental health or developmental services agency
8under this Act, the agency shall submit an annual report to the
9department which includes the following data:
10        (1) The lowest, median, and highest wage of direct
11    support personnel employed by the facility.
12        (2) The annual employee turnover rate.
13        (3) The race, gender, and ethnicity of frontline,
14    nonexecutive employees, including direct support
15    personnel, aides, qualified intellectual disability
16    professionals, licensed practical nurses, certified
17    nursing assistants, registered nurses, and frontline
18    support staff.
19    (d) An applicant for licensure as a community mental
20health or developmental services agency under this Act shall
21submit an application pursuant to the application process
22established by the Department by rule and shall pay an
23application fee in an amount established by the Department,
24which amount shall not be more than $200.
25    (e) If an applicant meets the requirements established by
26the Department to be licensed as a community mental health or

 

 

HB4647- 5 -LRB102 24753 CPF 33993 b

1developmental services agency under this Act, after payment of
2the licensing fee, the Department shall issue a license valid
3for 3 years from the date thereof unless suspended or revoked
4by the Department or voluntarily surrendered by the agency.
5    (f) Upon application to the Department, the Department may
6issue a temporary permit to an applicant for up to a 2-year
7period to allow the holder of such permit reasonable time to
8become eligible for a license under this Act.
9    (g)(1) The Department may conduct site visits to an agency
10licensed under this Act, or to any program or placement
11certified by the agency, and inspect the records or premises,
12or both, of such agency, program or placement as it deems
13appropriate, for the purpose of determining compliance with
14this Act, the Mental Health and Developmental Disabilities
15Code, and applicable Department rules and regulations. The
16Department shall conduct inspections of the records and
17premises of each community-integrated living arrangement
18certified under this Act at least once every 2 years.
19    (2) If the Department determines that an agency licensed
20under this Act is not in compliance with this Act or the rules
21and regulations promulgated under this Act, the Department
22shall serve a notice of violation upon the licensee. Each
23notice of violation shall be prepared in writing and shall
24specify the nature of the violation, the statutory provision
25or rule alleged to have been violated, and that the licensee
26submit a plan of correction to the Department if required. The

 

 

HB4647- 6 -LRB102 24753 CPF 33993 b

1notice shall also inform the licensee of any other action
2which the Department might take pursuant to this Act and of the
3right to a hearing.
4    (g-5) As determined by the Department, a disproportionate
5number or percentage of licensure complaints; a
6disproportionate number or percentage of substantiated cases
7of abuse, neglect, or exploitation involving an agency; an
8apparent unnatural death of an individual served by an agency;
9any egregious or life-threatening abuse or neglect within an
10agency; any false certification of compliance with paragraph
11(4) of subsection (c); or any other significant event as
12determined by the Department shall initiate a review of the
13agency's license by the Department, as well as a review of its
14service agreement for funding. The Department shall adopt
15rules to establish the process by which the determination to
16initiate a review shall be made and the timeframe to initiate a
17review upon the making of such determination.
18    (h) Upon the expiration of any license issued under this
19Act, a license renewal application shall be required of and a
20license renewal fee in an amount established by the Department
21shall be charged to a community mental health or developmental
22services agency, provided that such fee shall not be more than
23$200.
24    (i) A public or private agency, association, partnership,
25corporation, or organization that has had a license revoked
26under subsection (b) of Section 6 of this Act may not apply for

 

 

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1or possess a license under a different name.
2(Source: P.A. 99-180, eff. 7-29-15; 100-58, eff. 8-11-17;
3100-313, eff. 8-24-17; 100-863, eff. 8-14-18.)