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

HB4647sam001 102ND GENERAL ASSEMBLY

Sen. Cristina Castro

Filed: 4/5/2022

 

 


 

 


 
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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 a licensee to submit an

 

 

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1annual report to the Department certifying that all
2legislatively or administratively mandated wage increases to
3benefit workers are passed through in accordance with the
4legislative or administrative mandate. Failure to report the
5information required under this Section shall result in
6appropriate enforcement action by the Department. The
7Department shall determine the manner and form of the annual
8report.
9(Source: P.A. 96-339, eff. 7-1-10.)
 
10    Section 10. The Community-Integrated Living Arrangements
11Licensure and Certification Act is amended by changing Section
124 as follows:
 
13    (210 ILCS 135/4)  (from Ch. 91 1/2, par. 1704)
14    Sec. 4. (a) Any community mental health or developmental
15services agency who wishes to develop and support a variety of
16community-integrated living arrangements may do so pursuant to
17a license issued by the Department under this Act. However,
18programs established under or otherwise subject to the Child
19Care Act of 1969, the Nursing Home Care Act, the Specialized
20Mental Health Rehabilitation Act of 2013, the ID/DD Community
21Care Act, or the MC/DD Act, as now or hereafter amended, shall
22remain subject thereto, and this Act shall not be construed to
23limit the application of those Acts.
24    (b) The system of licensure established under this Act

 

 

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

 

 

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1    for recipients are supervised by the agency; and
2        (3) all programs provided to and placements arranged
3    for recipients comply with this Act, the Mental Health and
4    Developmental Disabilities Code, and applicable Department
5    rules and regulations.
6    (c-5) Each developmental services agency licensed under
7this Act shall submit an annual report to the Department, as a
8contractual requirement between the Department and the
9developmental services agency, certifying that all
10legislatively or administratively mandated wage increases to
11benefit workers are passed through in accordance with the
12legislative or administrative mandate. The Department shall
13determine the manner and form of the annual report.
14    (d) An applicant for licensure as a community mental
15health or developmental services agency under this Act shall
16submit an application pursuant to the application process
17established by the Department by rule and shall pay an
18application fee in an amount established by the Department,
19which amount shall not be more than $200.
20    (e) If an applicant meets the requirements established by
21the Department to be licensed as a community mental health or
22developmental services agency under this Act, after payment of
23the licensing fee, the Department shall issue a license valid
24for 3 years from the date thereof unless suspended or revoked
25by the Department or voluntarily surrendered by the agency.
26    (f) Upon application to the Department, the Department may

 

 

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1issue a temporary permit to an applicant for up to a 2-year
2period to allow the holder of such permit reasonable time to
3become eligible for a license under this Act.
4    (g)(1) The Department may conduct site visits to an agency
5licensed under this Act, or to any program or placement
6certified by the agency, and inspect the records or premises,
7or both, of such agency, program or placement as it deems
8appropriate, for the purpose of determining compliance with
9this Act, the Mental Health and Developmental Disabilities
10Code, and applicable Department rules and regulations. The
11Department shall conduct inspections of the records and
12premises of each community-integrated living arrangement
13certified under this Act at least once every 2 years.
14    (2) If the Department determines that an agency licensed
15under this Act is not in compliance with this Act or the rules
16and regulations promulgated under this Act, the Department
17shall serve a notice of violation upon the licensee. Each
18notice of violation shall be prepared in writing and shall
19specify the nature of the violation, the statutory provision
20or rule alleged to have been violated, and that the licensee
21submit a plan of correction to the Department if required. The
22notice shall also inform the licensee of any other action
23which the Department might take pursuant to this Act and of the
24right to a hearing.
25    (g-5) As determined by the Department, a disproportionate
26number or percentage of licensure complaints; a

 

 

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1disproportionate number or percentage of substantiated cases
2of abuse, neglect, or exploitation involving an agency; an
3apparent unnatural death of an individual served by an agency;
4any egregious or life-threatening abuse or neglect within an
5agency; or any other significant event as determined by the
6Department shall initiate a review of the agency's license by
7the Department, as well as a review of its service agreement
8for funding. The Department shall adopt rules to establish the
9process by which the determination to initiate a review shall
10be made and the timeframe to initiate a review upon the making
11of such determination.
12    (h) Upon the expiration of any license issued under this
13Act, a license renewal application shall be required of and a
14license renewal fee in an amount established by the Department
15shall be charged to a community mental health or developmental
16services agency, provided that such fee shall not be more than
17$200.
18    (i) A public or private agency, association, partnership,
19corporation, or organization that has had a license revoked
20under subsection (b) of Section 6 of this Act may not apply for
21or possess a license under a different name.
22(Source: P.A. 99-180, eff. 7-29-15; 100-58, eff. 8-11-17;
23100-313, eff. 8-24-17; 100-863, eff. 8-14-18.)".