Full Text of SB3753 103rd General Assembly
SB3753sam002 103RD GENERAL ASSEMBLY | Sen. Laura Fine Filed: 3/27/2024 | | 10300SB3753sam002 | | LRB103 39458 RLC 71546 a |
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| 1 | | AMENDMENT TO SENATE BILL 3753
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3753, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following: | 5 | | "Section 5. The Mental Health and Developmental | 6 | | Disabilities Administrative Act is amended by adding Section | 7 | | 8.1 as follows: | 8 | | (20 ILCS 1705/8.1 new) | 9 | | Sec. 8.1. Admission to State-operated facilities for | 10 | | persons with developmental disabilities. | 11 | | (a) For any individual or guardian, or both, if | 12 | | applicable, seeking admission for the individual to a | 13 | | State-operated facility for persons with developmental | 14 | | disabilities the individual must meet the following criteria | 15 | | in order to be approved for admission: | 16 | | (1) the individual is at least 18 years of age; |
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| 1 | | (2) the individual has received or attempted to | 2 | | receive community-based services and supports; | 3 | | (3) the individual meets the intermediate care | 4 | | facility level of care definition; and | 5 | | (4) the individual meets all clinical eligibility | 6 | | requirements including having an intellectual disability | 7 | | as defined in this Act. | 8 | | (b) Upon admission to a State-operated facility for | 9 | | persons with developmental disabilities, the facility shall | 10 | | complete at least annual reviews of the individual's clinical | 11 | | need for continued services in order to determine if these | 12 | | needs are able to be met in a less restrictive setting. | 13 | | Comprehensive and integrated assessments shall be used to | 14 | | assist in determining the level of care and services most | 15 | | appropriate to meet the individual's needs. | 16 | | (c) All individuals shall have the right to know their | 17 | | options for supports and shall be provided the opportunity to | 18 | | learn about the full spectrum of care, including the range of | 19 | | possible living environments available as provided by | 20 | | entities, including, but not limited to, State-operated | 21 | | facilities and case management agencies. If an individual | 22 | | indicates that the individual would like to move to a less | 23 | | restrictive environment, activities to explore and take steps | 24 | | regarding the range of options shall be provided to the | 25 | | individual and guardian, if applicable. The interdisciplinary | 26 | | team shall assist the individual and guardian, if applicable, |
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| 1 | | to identify placements that are able to meet the individual's | 2 | | needs, excluding when there are severe safety concerns | 3 | | identified by the interdisciplinary team that cannot be easily | 4 | | mitigated with interventions that are commonly used in the | 5 | | community. | 6 | | An individual's support plan shall include services to | 7 | | address identified needs if the individual is clinically | 8 | | determined to no longer meet the intermediate care facility | 9 | | level of care, or be at risk of harm to the individual or | 10 | | others. Thoughtful transition planning shall take place to | 11 | | assist with finding a less restrictive environment of the | 12 | | individual's choosing, and guardian's choosing, if applicable. | 13 | | Section 10. The Mental Health and Developmental | 14 | | Disabilities Code is amended by adding Article VIII to Chapter | 15 | | IV as follows: | 16 | | (405 ILCS 5/Ch. IV Art. VIII heading new) | 17 | | ARTICLE VIII. SERVICE PROVIDER SANCTIONS | 18 | | (405 ILCS 5/4-800 new) | 19 | | Sec. 4-800. Provider sanctions and appeals. The Department | 20 | | of Human Services may impose progressive sanctions on | 21 | | providers that fail to comply with conditions specified by | 22 | | rule, or contract agreement, as determined by the Department. | 23 | | Sanctions include, but are not limited to, payment suspension, |
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| 1 | | loss of payment, enrollment limitations, admission holds, | 2 | | removal of individuals currently served, or other actions up | 3 | | to and including contract termination, certification | 4 | | revocation, or licensure revocation. In situations in which | 5 | | recipients of services are placed at imminent risk of harm, | 6 | | steps to ensure the safety of individuals and any provider | 7 | | sanctions shall be taken expeditiously and not progressively. | 8 | | A service provider that has received a sanction may appeal the | 9 | | sanction in writing to the Department of Healthcare and Family | 10 | | Services within 30 days of receipt of the sanction. Steps to | 11 | | ensure the safety of individuals may be taken regardless of a | 12 | | service provider appeal. The Department shall adopt rules as | 13 | | necessary to implement this Section. | 14 | | (405 ILCS 5/4-801 new) | 15 | | Sec. 4-801. Provider appeals and fair hearings. After an | 16 | | informal review of a discharge by the Department of Human | 17 | | Services, a provider may appeal the decision to the Department | 18 | | of Healthcare and Family Services. The appeal must be received | 19 | | within 10 working days after the provider receives the written | 20 | | notification, following the informal review decision from the | 21 | | Department of Human Services. The Department of Human Services | 22 | | and the Department of Healthcare and Family Services shall | 23 | | adopt rules as necessary to implement this Section. ". |
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