Full Text of SB3753 103rd General Assembly
SB3753eng 103RD GENERAL ASSEMBLY | | | SB3753 Engrossed | | LRB103 39458 RLC 69652 b |
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| 1 | | AN ACT concerning health. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Mental Health and Developmental | 5 | | Disabilities Administrative Act is amended by adding Section | 6 | | 8.1 as follows: | 7 | | (20 ILCS 1705/8.1 new) | 8 | | Sec. 8.1. Admission to State-operated facilities for | 9 | | persons with developmental disabilities. | 10 | | (a) For any individual or guardian, or both, if | 11 | | applicable, seeking admission for the individual to a | 12 | | State-operated facility for persons with developmental | 13 | | disabilities the individual must meet the following criteria | 14 | | in order to be approved for admission: | 15 | | (1) the individual is at least 18 years of age; | 16 | | (2) the individual has received or attempted to | 17 | | receive community-based services and supports; | 18 | | (3) the individual meets the intermediate care | 19 | | facility level of care definition; and | 20 | | (4) the individual meets all clinical eligibility | 21 | | requirements including having an intellectual disability | 22 | | as defined in this Act. | 23 | | (b) Upon admission to a State-operated facility for |
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| 1 | | persons with developmental disabilities, the facility shall | 2 | | complete at least annual reviews of the individual's clinical | 3 | | need for continued services in order to determine if these | 4 | | needs are able to be met in a less restrictive setting. | 5 | | Comprehensive and integrated assessments shall be used to | 6 | | assist in determining the level of care and services most | 7 | | appropriate to meet the individual's needs. | 8 | | (c) All individuals shall have the right to know their | 9 | | options for supports and shall be provided the opportunity to | 10 | | learn about the full spectrum of care, including the range of | 11 | | possible living environments available as provided by | 12 | | entities, including, but not limited to, State-operated | 13 | | facilities and case management agencies. If an individual | 14 | | indicates that the individual would like to move to a less | 15 | | restrictive environment, activities to explore and take steps | 16 | | regarding the range of options shall be provided to the | 17 | | individual and guardian, if applicable. The interdisciplinary | 18 | | team shall assist the individual and guardian, if applicable, | 19 | | to identify placements that are able to meet the individual's | 20 | | needs, excluding when there are severe safety concerns | 21 | | identified by the interdisciplinary team that cannot be easily | 22 | | mitigated with interventions that are commonly used in the | 23 | | community. | 24 | | An individual's support plan shall include services to | 25 | | address identified needs if the individual is clinically | 26 | | determined to no longer meet the intermediate care facility |
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| 1 | | level of care, or be at risk of harm to the individual or | 2 | | others. Thoughtful transition planning shall take place to | 3 | | assist with finding a less restrictive environment of the | 4 | | individual's choosing, and guardian's choosing, if applicable. | 5 | | Section 10. The Mental Health and Developmental | 6 | | Disabilities Code is amended by adding Article VIII to Chapter | 7 | | IV as follows: | 8 | | (405 ILCS 5/Ch. IV Art. VIII heading new) | 9 | | ARTICLE VIII. SERVICE PROVIDER SANCTIONS | 10 | | (405 ILCS 5/4-800 new) | 11 | | Sec. 4-800. Provider sanctions and appeals. The Department | 12 | | of Human Services may impose progressive sanctions on | 13 | | providers that fail to comply with conditions specified by | 14 | | rule, or contract agreement, as determined by the Department. | 15 | | Sanctions include, but are not limited to, payment suspension, | 16 | | loss of payment, enrollment limitations, admission holds, | 17 | | removal of individuals currently served, or other actions up | 18 | | to and including contract termination, certification | 19 | | revocation, or licensure revocation. In situations in which | 20 | | recipients of services are placed at imminent risk of harm, | 21 | | steps to ensure the safety of individuals and any provider | 22 | | sanctions shall be taken expeditiously and not progressively. | 23 | | A service provider that has received a sanction may appeal the |
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| 1 | | sanction in writing to the Department of Healthcare and Family | 2 | | Services within 30 days of receipt of the sanction. Steps to | 3 | | ensure the safety of individuals may be taken regardless of a | 4 | | service provider appeal. The Department shall adopt rules as | 5 | | necessary to implement this Section. | 6 | | (405 ILCS 5/4-801 new) | 7 | | Sec. 4-801. Provider appeals and fair hearings. After an | 8 | | informal review of a discharge by the Department of Human | 9 | | Services, a provider may appeal the decision to the Department | 10 | | of Healthcare and Family Services. The appeal must be received | 11 | | within 10 working days after the provider receives the written | 12 | | notification, following the informal review decision from the | 13 | | Department of Human Services. The Department of Human Services | 14 | | and the Department of Healthcare and Family Services shall | 15 | | adopt rules as necessary to implement this Section. |
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