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| [ Senate Amendment 002 ] |
92_HB5844enr HB5844 Enrolled LRB9214285DJmgA 1 AN ACT in relation to health. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Community Services Act is amended by 5 changing Section 3 as follows: 6 (405 ILCS 30/3) (from Ch. 91 1/2, par. 903) 7 Sec. 3. Responsibilities for Community Services. 8 Pursuant to this Act, the Department of Human Services shall 9 facilitate the establishment of a comprehensive and 10 coordinated array of community services based upon a federal, 11 State and local partnership. In order to assist in 12 implementation of this Act, the Department shall prescribe 13 and publish rules and regulations. The Department may 14 request the assistance of other State agencies, local 15 government entities, direct services providers and others in 16 the development of these regulations or other policies 17 related to community services. 18 The Department shall assume the following roles and 19 responsibilities for community services: 20 (a) Service Priorities. Within the service categories 21 described in Section 2 of this Act, establish and publish 22 priorities for community services to be rendered, and 23 priority populations to receive these services. 24 (b) Planning. By January 1, 1994 and by January 1 of 25 each third year thereafter, prepare and publish a Plan which 26 describes goals and objectives for community services 27 state-wide and for regions and subregions needs assessment, 28 steps and time-tables for implementation of the goals also 29 shall be included; programmatic goals and objectives for 30 community services shall cover the service categories defined 31 in Section 2 of this Act; the Department shall insure local HB5844 Enrolled -2- LRB9214285DJmgA 1 participation in the planning process. 2 (c) Public Information and Education. Develop programs 3 aimed at improving the relationship between communities and 4 their disabled residents; prepare and disseminate public 5 information and educational materials on the prevention of 6 developmental disabilities, mental illness, and alcohol or 7 drug dependence, and on available treatment and habilitation 8 services for persons with these disabilities. 9 (d) Quality Assurance. Promulgate minimum program 10 standards, rules and regulations to insure that Department 11 funded services maintain acceptable quality and assure 12 enforcement of these standards through regular monitoring of 13 services and through program evaluation; this applies except 14 where this responsibility is explicitly given by law to 15 another State agency. 16 (d-5) Accreditation requirements for providers of mental 17 health and substance abuse treatment services. Except when 18 the federal or State statutes authorizing a program, or the 19 federal regulations implementing a program, are to the 20 contrary, accreditation shall be accepted by the Department 21 in lieu of the Department's facility or program certification 22 or licensure onsite review requirements and shall be accepted 23 as a substitute for the Department's administrative and 24 program monitoring requirements, except as required by 25 subsection (d-10), in the case of: 26 (1) Any organization from which the Department 27 purchases mental health or substance abuse services and 28 that is accredited under any of the following: the 29 Comprehensive Accreditation Manual for Behavioral Health 30 Care (Joint Commission on Accreditation of Healthcare 31 Organizations (JCAHO)); the Comprehensive Accreditation 32 Manual for Hospitals (JCAHO); the Standards Manual for 33 the Council on Accreditation for Children and Family 34 Services (Council on Accreditation for Children and HB5844 Enrolled -3- LRB9214285DJmgA 1 Family Services (COA)); or the Standards Manual for 2 Organizations Serving People with Disabilities (the 3 Rehabilitation Accreditation Commission (CARF)). 4 (2) Any mental health facility or program licensed 5 or certified by the Department, or any substance abuse 6 service licensed by the Department, that is accredited 7 under any of the following: the Comprehensive 8 Accreditation Manual for Behavioral Health Care (JCAHO); 9 the Comprehensive Accreditation Manual for Hospitals 10 (JCAHO); the Standards Manual for the Council on 11 Accreditation for Children and Family Services (COA); or 12 the Standards Manual for Organizations Serving People 13 with Disabilities (CARF). 14 (3) Any network of providers from which the 15 Department purchases mental health or substance abuse 16 services and that is accredited under any of the 17 following: the Comprehensive Accreditation Manual for 18 Behavioral Health Care (JCAHO); the Comprehensive 19 Accreditation Manual for Hospitals (JCAHO); the Standards 20 Manual for the Council on Accreditation for Children and 21 Family Services (COA); the Standards Manual for 22 Organizations Serving People with Disabilities (CARF); or 23 the National Committee for Quality Assurance. A provider 24 organization that is part of an accredited network shall 25 be afforded the same rights under this subsection. 26 (d-10) For mental health and substance abuse services, 27 the Department may develop standards or promulgate rules that 28 establish additional standards for monitoring and licensing 29 accredited programs, services, and facilities that the 30 Department has determined are not covered by the 31 accreditation standards and processes. These additional 32 standards for monitoring and licensing accredited programs, 33 services, and facilities and the associated monitoring must 34 not duplicate the standards and processes already covered by HB5844 Enrolled -4- LRB9214285DJmgA 1 the accrediting bodies. 2 (d-15) The Department shall be given proof of compliance 3 with fire and health safety standards, which must be 4 submitted as required by rule. 5 (d-20) The Department, by accepting the survey or 6 inspection of an accrediting organization, does not forfeit 7 its rights to perform inspections at any time, including 8 contract monitoring to ensure that services are provided in 9 accordance with the contract. The Department reserves the 10 right to monitor a provider of mental health and substance 11 abuse treatment services when the survey or inspection of an 12 accrediting organization has established any deficiency in 13 the accreditation standards and processes. 14 (d-25) On and after the effective date of this 15 amendatory Act of the 92nd General Assembly, the 16 accreditation requirements of this Section apply to 17 contracted organizations that are already accredited. 18 (e) Program Evaluation. Develop a system for conducting 19 evaluation of the effectiveness of community services, 20 according to preestablished performance standards; evaluate 21 the extent to which performance according to established 22 standards aids in achieving the goals of this Act; evaluation 23 data also shall be used for quality assurance purposes as 24 well as for planning activities. 25 (f) Research. Conduct research in order to increase 26 understanding of mental illness, developmental disabilities 27 and alcohol and drug dependence. 28 (g) Technical Assistance. Provide technical assistance 29 to provider agencies receiving funds or serving clients in 30 order to assist these agencies in providing appropriate, 31 quality services; also provide assistance and guidance to 32 other State agencies and local governmental bodies serving 33 the disabled in order to strengthen their efforts to provide 34 appropriate community services; and assist provider agencies HB5844 Enrolled -5- LRB9214285DJmgA 1 in accessing other available funding, including federal, 2 State, local, third-party and private resources. 3 (h) Placement Process. Promote the appropriate placement 4 of clients in community services through the development and 5 implementation of client assessment and diagnostic 6 instruments to assist in identifying the individual's service 7 needs; client assessment instruments also can be utilized for 8 purposes of program evaluation; whenever possible, assure 9 that placements in State-operated facilities are referrals 10 from community agencies. 11 (i) Interagency Coordination. Assume leadership in 12 promoting cooperation among State health and human service 13 agencies to insure that a comprehensive, coordinated 14 community services system is in place; to insure disabled 15 persons access to needed services; and to insure continuity 16 of care and allow clients to move among service settings as 17 their needs change; also work with other agencies to 18 establish effective prevention programs. 19 (j) Financial Assistance. Provide financial assistance 20 to local provider agencies through purchase-of-care contracts 21 and grants, pursuant to Section 4 of this Act. 22 (Source: P.A. 89-507, eff. 7-1-97.) 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.