Full Text of HB5927 97th General Assembly
HB5927 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5927 Introduced 2/16/2012, by Rep. Chapin Rose SYNOPSIS AS INTRODUCED: |
| 210 ILCS 135/4 | from Ch. 91 1/2, par. 1704 | 210 ILCS 135/10 | from Ch. 91 1/2, par. 1710 | 210 ILCS 135/10.5 new | |
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Amends the Community-Integrated Living Arrangements Licensure and
Certification Act. Provides that the Department of Human Services may not deny, suspend, or revoke a license under the Act, or refuse to renew a license, on the ground that the licensee or applicant operates or proposes to operate a community-integrated living arrangement located within 800 feet from any other setting licensed or funded to provide residential services for persons with a developmental disability or mental illness, including another community-integrated living arrangement. Provides that neither the State plan for the
distribution of community living arrangements throughout the State,
nor any rule adopted by the Department, may include a requirement that a community-integrated living arrangement owned or leased by a community mental health or developmental services agency and funded by the Department may not be located within a distance of 800 feet from any other setting licensed or funded to provide residential services for persons with a developmental disability or mental illness, including another community-integrated living arrangement. Provides that the Department must, under the authority granted to it under a specified consent decree, adopt and publish a written plan for compliance with the terms of the consent decree within 3 months after the effective date of the amendatory Act. Sets forth features that the plan must include.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 10. The Community-Integrated Living Arrangements | 5 | | Licensure and
Certification Act is amended by changing Sections | 6 | | 4 and 10 and by adding Section 10.5 as follows:
| 7 | | (210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
| 8 | | Sec. 4. License. | 9 | | (a) Any community mental health or developmental services | 10 | | agency who
wishes to develop and support a variety of | 11 | | community-integrated living
arrangements may do so pursuant to | 12 | | a license issued by the Department under this Act.
However, | 13 | | programs established under or otherwise subject to the Child
| 14 | | Care Act of 1969, the Nursing Home Care Act, the Specialized | 15 | | Mental Health Rehabilitation Act, or the ID/DD Community Care | 16 | | Act, as now or
hereafter amended, shall remain
subject thereto, | 17 | | and this Act shall not be construed to limit the
application of | 18 | | those Acts.
| 19 | | (b) The system of licensure established under this Act | 20 | | shall be for the purposes of:
| 21 | | (1) Insuring that all recipients residing in | 22 | | community-integrated living
arrangements are receiving | 23 | | appropriate community-based services, including
treatment, |
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| 1 | | training and habilitation or rehabilitation;
| 2 | | (2) Insuring 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 | 12 | | assurance unit
within the Department which shall be | 13 | | administratively independent of units
responsible for funding | 14 | | of agencies or community services.
| 15 | | (c) As a condition of being licensed by the Department as a | 16 | | community
mental health or developmental services agency under | 17 | | this 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.
| 2 | | (d) An applicant for licensure as a community mental health | 3 | | or
developmental services agency under this Act shall submit an | 4 | | application
pursuant to the application process established by | 5 | | the Department by rule
and shall pay an application fee in an | 6 | | amount established by the
Department, which amount shall not be | 7 | | more than $200.
| 8 | | (e) If an applicant meets the requirements established by | 9 | | the Department
to be licensed as a community mental health or | 10 | | developmental services
agency under this Act, after payment of | 11 | | the licensing fee, the Department
shall issue a license valid | 12 | | for 3 years from the date thereof unless
suspended or revoked | 13 | | by the Department or voluntarily surrendered by the agency.
| 14 | | (e-5) The Department may not deny, suspend, or revoke a | 15 | | license, or refuse to renew a license, on the ground that the | 16 | | licensee or applicant operates or proposes to operate a | 17 | | community-integrated living arrangement located within 800 | 18 | | feet from any other setting licensed or funded to provide | 19 | | residential services for persons with a developmental | 20 | | disability or mental illness, including another | 21 | | community-integrated living arrangement. | 22 | | (f) Upon application to the Department, the Department may | 23 | | issue a
temporary permit to an applicant for a 6-month period | 24 | | to allow the holder
of such permit reasonable time to become | 25 | | eligible for a license under this Act.
| 26 | | (g)(1) The Department may conduct site visits to an agency |
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| 1 | | licensed under this
Act, or to any program or placement | 2 | | certified by the agency, and inspect
the records or premises, | 3 | | or both, of such agency, program or placement as
it deems | 4 | | appropriate, for the
purpose of determining compliance with | 5 | | this Act, the Mental Health and
Developmental Disabilities | 6 | | Code, and applicable Department rules and regulations.
| 7 | | (2) If the Department determines that an agency licensed | 8 | | under this Act
is not in compliance with this Act or the rules | 9 | | and regulations promulgated
under this Act, the Department | 10 | | shall serve a notice of violation
upon the licensee. Each | 11 | | notice of violation shall be prepared in writing
and shall | 12 | | specify the nature of the violation, the statutory provision or
| 13 | | rule alleged to have been violated, and that the licensee
| 14 | | submit a plan of correction to the Department if required. The | 15 | | notice shall also
inform the licensee of any other action which | 16 | | the Department might take
pursuant to this Act and of the right | 17 | | to a hearing.
| 18 | | (g-5) As determined by the Department, a disproportionate | 19 | | number or percentage of licensure complaints; a | 20 | | disproportionate number or percentage of substantiated cases | 21 | | of abuse, neglect, or exploitation involving an agency; an | 22 | | apparent unnatural death of an individual served by an agency; | 23 | | any egregious or life-threatening abuse or neglect within an | 24 | | agency; or any other significant event as determined by the | 25 | | Department shall initiate a review of the agency's license by | 26 | | the Department, as well as a review of its service agreement |
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| 1 | | for funding. The Department shall adopt rules to establish the | 2 | | process by which the determination to initiate a review shall | 3 | | be made and the timeframe to initiate a review upon the making | 4 | | of such determination. | 5 | | (h) Upon the expiration of any license issued under this | 6 | | Act, a license
renewal application shall be required of and a | 7 | | license renewal fee in an
amount established by the Department | 8 | | shall be
charged to a community mental health or
developmental | 9 | | services agency, provided that such fee shall not be more than | 10 | | $200.
| 11 | | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | 12 | | eff. 1-1-12; 97-441, eff. 8-19-11; revised 9-28-11.)
| 13 | | (210 ILCS 135/10) (from Ch. 91 1/2, par. 1710)
| 14 | | Sec. 10. State plan. | 15 | | (a) Community integrated living arrangements
shall be | 16 | | located so as to enable residents to participate in and be
| 17 | | integrated into their community or neighborhood. The location | 18 | | of such
arrangements shall promote community integration of | 19 | | persons with mental
disabilities. The Department shall adopt a | 20 | | plan ("State plan") for the
distribution of community living | 21 | | arrangements throughout the State,
considering the need for | 22 | | such arrangements in the various locations in
which they are to | 23 | | be used. Each agency licensed under this Act must define
the | 24 | | process of obtaining community acceptance of community living
| 25 | | arrangements. The State plan shall include guidelines |
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| 1 | | regarding the
location of community integrated living | 2 | | arrangements within the geographic
areas to be served by the | 3 | | agencies, and the availability of support
services within those | 4 | | areas for residents under such arrangements. The
Department | 5 | | shall promulgate such guidelines as rules pursuant to The
| 6 | | Illinois Administrative Procedure Act. Neither the State plan | 7 | | nor any rule adopted by the Department under this Section may | 8 | | include a requirement that a community-integrated living | 9 | | arrangement owned or leased by a community mental health or | 10 | | developmental services agency and funded by the Department may | 11 | | not be located within a distance of 800 feet from any other | 12 | | setting licensed or funded to provide residential services for | 13 | | persons with a developmental disability or mental illness, | 14 | | including another community-integrated living arrangement.
| 15 | | The Department shall require any agency licensed under this | 16 | | Act to establish
procedures for assuring compliance with such | 17 | | criteria, including annual
review and comment by | 18 | | representatives of local governmental authorities,
community | 19 | | mental health and developmental disabilities planning and | 20 | | service
agencies, and other interested civil organizations, | 21 | | regarding the impact on
their community areas of any living | 22 | | arrangements, programs or services to
be certified by such | 23 | | agency. The Department shall give consideration to
the comments | 24 | | of such community representatives in determinations of
| 25 | | compliance with the State plan under this Section, and the | 26 | | Department may
modify, suspend or withhold funding of such |
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| 1 | | programs and services subject
to this Act until such times as | 2 | | assurance is achieved.
| 3 | | (b) Beginning January 1, 1990, no Department of State | 4 | | government, as
defined in The Civil
Administrative Code of | 5 | | Illinois, shall place any person in or utilize any
services of | 6 | | a community-integrated living arrangement which is not
| 7 | | certified by an agency under this Act.
| 8 | | (Source: P.A. 86-922.)
| 9 | | (210 ILCS 135/10.5 new) | 10 | | Sec. 10.5. State plan for transferring residents out of | 11 | | certain CILAs. | 12 | | (a) Under the authority granted to it under a consent | 13 | | decree entered on June 15, 2011, in the United States District | 14 | | Court for the Northern District of Illinois, Eastern Division, | 15 | | in the case of Ligas v. Hamos, Case No. 05 C 4331, the | 16 | | Department must adopt and publish a written plan for compliance | 17 | | with the terms of the consent decree within 3 months after the | 18 | | effective date of this amendatory Act of the 97th General | 19 | | Assembly. | 20 | | (b) The written plan required under subsection (a) must | 21 | | include at least all of the following features: | 22 | | (1) The plan must take into account the need or desire | 23 | | of transferred residents to remain in the same geographic | 24 | | region of the State or to reside in a living arrangement | 25 | | that is reasonably close to a resident's family members and |
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| 1 | | friends. | 2 | | (2) The plan must specify the Department's goals and | 3 | | projected time frames for effecting the transfers with | 4 | | respect to (i) the number of facilities to which residents | 5 | | are to be transferred and (ii) the geographic regions of | 6 | | the State within which those facilities are located. | 7 | | (3) The plan must include a plan for increasing the | 8 | | capacity of facilities or living arrangements receiving | 9 | | the transferred residents that ensures geographic | 10 | | diversity or capacity in the distribution of those | 11 | | residents throughout the State. | 12 | | (4) The plan must include a plan for pre-certifying | 13 | | residential facilities to be constructed in the different | 14 | | geographic regions of the State to ensure that, if such a | 15 | | facility is built, there will be residents who will be | 16 | | allowed to move into the facility.
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