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

HB4647ham001 102ND GENERAL ASSEMBLY

Rep. Lamont J. Robinson, Jr.

Filed: 3/1/2022

 

 


 

 


 
10200HB4647ham001LRB102 24753 CPF 37169 a

1
AMENDMENT TO HOUSE BILL 4647

2    AMENDMENT NO. ______. Amend House Bill 4647 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1annual report to the Department that includes the following
2data:
3        (1) The lowest, median, and highest wage of direct
4    support personnel employed by the facility.
5        (2) The annual employee turnover rate.
6        (3) The race, gender, and ethnicity of frontline,
7    nonexecutive employees, including direct support
8    personnel, aides, qualified intellectual disability
9    professionals, licensed practical nurses, certified
10    nursing assistants, registered nurses, and frontline
11    support staff. Data collected under this paragraph shall
12    be reported in aggregate in a manner prescribed by the
13    Department.
14(Source: P.A. 96-339, eff. 7-1-10.)
 
15    Section 10. The Community-Integrated Living Arrangements
16Licensure and Certification Act is amended by changing Section
174 as follows:
 
18    (210 ILCS 135/4)  (from Ch. 91 1/2, par. 1704)
19    Sec. 4. (a) Any community mental health or developmental
20services agency who wishes to develop and support a variety of
21community-integrated living arrangements may do so pursuant to
22a license issued by the Department under this Act. However,
23programs established under or otherwise subject to the Child
24Care Act of 1969, the Nursing Home Care Act, the Specialized

 

 

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1Mental Health Rehabilitation Act of 2013, the ID/DD Community
2Care Act, or the MC/DD Act, as now or hereafter amended, shall
3remain subject thereto, and this Act shall not be construed to
4limit the application of those Acts.
5    (b) The system of licensure established under this Act
6shall be for the purposes of:
7        (1) ensuring that all recipients residing in
8    community-integrated living arrangements are receiving
9    appropriate community-based services, including
10    treatment, training and habilitation or rehabilitation;
11        (2) ensuring that recipients' rights are protected and
12    that all programs provided to and placements arranged for
13    recipients comply with this Act, the Mental Health and
14    Developmental Disabilities Code, and applicable Department
15    rules and regulations;
16        (3) maintaining the integrity of communities by
17    requiring regular monitoring and inspection of placements
18    and other services provided in community-integrated living
19    arrangements.
20    The licensure system shall be administered by a quality
21assurance unit within the Department which shall be
22administratively independent of units responsible for funding
23of agencies or community services.
24    (c) As a condition of being licensed by the Department as a
25community mental health or developmental services agency under
26this Act, the agency shall certify to the Department that:

 

 

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1        (1) all recipients residing in community-integrated
2    living arrangements are receiving appropriate
3    community-based services, including treatment, training
4    and habilitation or rehabilitation;
5        (2) all programs provided to and placements arranged
6    for recipients are supervised by the agency; and
7        (3) all programs provided to and placements arranged
8    for recipients comply with this Act, the Mental Health and
9    Developmental Disabilities Code, and applicable Department
10    rules and regulations; and .
11        (4) when legislative or administrative action directs
12    that funding should be passed through to employees, all
13    such funds are passed through in their entirety to
14    employees in accordance with the legislative or
15    administrative directive.
16    (c-5) Each community mental health or developmental
17services agency licensed under this Act shall submit annually
18the following data to the Department:
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
24    personnel, aides, qualified intellectual disability
25    professionals, licensed practical nurses, certified
26    nursing assistants, registered nurses, and frontline

 

 

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1    support staff. Data collected under this paragraph shall
2    be reported in aggregate in a manner prescribed by the
3    Department.
4    (d) An applicant for licensure as a community mental
5health or developmental services agency under this Act shall
6submit an application pursuant to the application process
7established by the Department by rule and shall pay an
8application fee in an amount established by the Department,
9which amount shall not be more than $200.
10    (e) If an applicant meets the requirements established by
11the Department to be licensed as a community mental health or
12developmental services agency under this Act, after payment of
13the licensing fee, the Department shall issue a license valid
14for 3 years from the date thereof unless suspended or revoked
15by the Department or voluntarily surrendered by the agency.
16    (f) Upon application to the Department, the Department may
17issue a temporary permit to an applicant for up to a 2-year
18period to allow the holder of such permit reasonable time to
19become eligible for a license under this Act.
20    (g)(1) The Department may conduct site visits to an agency
21licensed under this Act, or to any program or placement
22certified by the agency, and inspect the records or premises,
23or both, of such agency, program or placement as it deems
24appropriate, for the purpose of determining compliance with
25this Act, the Mental Health and Developmental Disabilities
26Code, and applicable Department rules and regulations. The

 

 

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1Department shall conduct inspections of the records and
2premises of each community-integrated living arrangement
3certified under this Act at least once every 2 years.
4    (2) If the Department determines that an agency licensed
5under this Act is not in compliance with this Act or the rules
6and regulations promulgated under this Act, the Department
7shall serve a notice of violation upon the licensee. Each
8notice of violation shall be prepared in writing and shall
9specify the nature of the violation, the statutory provision
10or rule alleged to have been violated, and that the licensee
11submit a plan of correction to the Department if required. The
12notice shall also inform the licensee of any other action
13which the Department might take pursuant to this Act and of the
14right to a hearing.
15    (g-5) As determined by the Department, a disproportionate
16number or percentage of licensure complaints; a
17disproportionate number or percentage of substantiated cases
18of abuse, neglect, or exploitation involving an agency; an
19apparent unnatural death of an individual served by an agency;
20any egregious or life-threatening abuse or neglect within an
21agency; any false certification of compliance with paragraph
22(4) of subsection (c); or any other significant event as
23determined by the Department shall initiate a review of the
24agency's license by the Department, as well as a review of its
25service agreement for funding. The Department shall adopt
26rules to establish the process by which the determination to

 

 

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1initiate a review shall be made and the timeframe to initiate a
2review upon the making of such determination.
3    (h) Upon the expiration of any license issued under this
4Act, a license renewal application shall be required of and a
5license renewal fee in an amount established by the Department
6shall be charged to a community mental health or developmental
7services agency, provided that such fee shall not be more than
8$200.
9    (i) A public or private agency, association, partnership,
10corporation, or organization that has had a license revoked
11under subsection (b) of Section 6 of this Act may not apply for
12or possess a license under a different name.
13(Source: P.A. 99-180, eff. 7-29-15; 100-58, eff. 8-11-17;
14100-313, eff. 8-24-17; 100-863, eff. 8-14-18.)".