Public Act 095-0682
Public Act 0682 95TH GENERAL ASSEMBLY
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Public Act 095-0682 |
SB1664 Enrolled |
LRB095 09053 DRJ 29244 b |
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| AN ACT concerning health.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Community Services Act is amended by | changing Sections 3 and 4 as follows:
| (405 ILCS 30/3) (from Ch. 91 1/2, par. 903)
| Sec. 3. Responsibilities for Community Services. Pursuant
| to this Act, the Department of Human Services
shall facilitate | the
establishment of a comprehensive and coordinated array of | community services
based upon a federal, State and local | partnership. In order to assist in
implementation of this Act, | the Department shall prescribe and publish rules
and
| regulations. The Department may request the assistance of other
| State agencies, local
government entities, direct services | providers , trade associations, and others in the development of
| these regulations or other policies related to community | services.
| The Department shall assume the following roles and | responsibilities for
community services:
| (a) Service Priorities. Within the service categories | described in Section
2 of this Act, establish and publish | priorities for community services to
be rendered, and priority | populations to receive these services.
|
| (b) Planning. By January 1, 1994 and by January 1 of each | third year
thereafter, prepare and publish a Plan which | describes goals and objectives for
community services | state-wide and for regions and subregions needs assessment,
| steps and time-tables for implementation of the goals also | shall be included;
programmatic goals and objectives for | community services shall cover the
service categories defined | in Section 2 of this Act; the Department shall insure local
| participation in the planning process.
| (c) Public Information and Education. Develop programs | aimed at
improving the relationship between communities and | their disabled
residents with disabilities ; prepare and | disseminate public information and educational
materials on | the prevention of developmental disabilities, mental illness, | and
alcohol or drug dependence, and on available treatment and | habilitation
services for persons with these disabilities.
| (d) Quality Assurance. Promulgate minimum program | standards, rules and
regulations to insure that Department | funded services maintain acceptable quality
and assure | enforcement of these standards through regular monitoring of
| services and through program evaluation; this applies except | where this
responsibility is explicitly given by law to another | State agency.
| (d-5) Accreditation requirements for providers of mental | health and
substance abuse treatment services.
Except when the | federal or State statutes authorizing a program, or the
federal |
| regulations implementing a program, are to the contrary,
| accreditation shall be accepted by the Department in lieu of | the
Department's facility or program certification or | licensure onsite review
requirements and shall be accepted as a | substitute for the Department's
administrative and program | monitoring requirements, except as required by
subsection | (d-10), in the case of:
| (1) Any organization from which the Department | purchases mental health
or substance abuse services and
| that is accredited under any of the following: the | Comprehensive
Accreditation Manual
for Behavioral Health | Care (Joint Commission on Accreditation of Healthcare
| Organizations (JCAHO)); the Comprehensive Accreditation | Manual
for Hospitals (JCAHO); the Standards Manual for the
| Council on Accreditation for Children and Family Services | (Council on
Accreditation for Children and Family Services | (COA)); or the
Standards Manual for Organizations Serving | People with Disabilities (the
Rehabilitation Accreditation | Commission (CARF)).
| (2) Any mental health facility or program licensed or | certified by the
Department, or any substance abuse service | licensed by the Department, that is
accredited under any of | the following: the
Comprehensive Accreditation Manual for
| Behavioral Health Care (JCAHO); the Comprehensive | Accreditation Manual for
Hospitals (JCAHO); the Standards | Manual for the Council on Accreditation for
Children and |
| Family Services (COA); or the Standards Manual for | Organizations
Serving People with Disabilities (CARF).
| (3) Any network of providers from which the Department | purchases
mental health or substance abuse services and | that is accredited under any of
the
following: the | Comprehensive Accreditation Manual for Behavioral Health | Care
(JCAHO);
the Comprehensive Accreditation Manual for | Hospitals (JCAHO); the Standards
Manual for the
Council on | Accreditation for Children and Family Services (COA); the | Standards
Manual for Organizations Serving People with | Disabilities (CARF); or the
National Committee for Quality | Assurance. A provider organization that is part
of an | accredited network shall be afforded the same rights under | this
subsection.
| (d-10) For mental health and substance abuse services, the | Department
may develop standards or promulgate rules that | establish additional standards
for monitoring
and licensing | accredited programs, services, and facilities that the | Department
has determined are not covered by the accreditation | standards and processes.
These additional standards for | monitoring and licensing accredited programs,
services, and | facilities and the associated monitoring must not duplicate the
| standards and processes already covered by the accrediting | bodies.
| (d-15) The Department shall be given proof of compliance | with fire and
health safety standards, which must be submitted |
| as required by rule.
| (d-20) The Department, by accepting the survey or | inspection of an
accrediting organization, does not forfeit its | rights to perform inspections at
any time, including contract | monitoring to ensure that services are
provided in accordance | with the contract.
The Department reserves the right to monitor | a provider of mental health and
substance abuse treatment | services when the survey or inspection of an
accrediting | organization has established any deficiency in the | accreditation
standards and processes.
| (d-25) On and after the effective date of this amendatory | Act of the 92nd
General Assembly, the accreditation | requirements of this Section apply to
contracted organizations | that are already accredited.
| (e) Program Evaluation. Develop a system for conducting | evaluation of
the effectiveness of community services, | according to preestablished
performance standards; evaluate | the extent to which performance according
to established | standards aids in achieving the goals of this Act;
evaluation | data also shall be used for quality assurance purposes as well
| as for planning activities.
| (f) Research. Conduct research in order to increase | understanding of mental
illness, developmental disabilities | and alcohol and drug dependence.
| (g) Technical Assistance. Provide technical assistance to | provider agencies
receiving funds or serving clients in order |
| to assist
these agencies in providing appropriate, quality | services; also provide
assistance and guidance to other State | agencies and local governmental bodies
serving the disabled in | order to strengthen their efforts to provide
appropriate | community services; and assist provider agencies in accessing
| other available funding, including federal, State, local, | third-party and
private resources.
| (h) Placement Process. Promote the appropriate placement | of clients in
community services through the development and | implementation of client
assessment and diagnostic instruments | to assist in identifying the
individual's service needs; client | assessment instruments also can be
utilized for purposes of | program evaluation; whenever possible, assure that
placements | in State-operated facilities are referrals from community | agencies.
| (i) Interagency Coordination. Assume leadership in | promoting cooperation
among State health and human service | agencies to insure that a comprehensive,
coordinated community | services system is in place; to insure persons with a | disability
disabled persons
access to needed services; and to | insure continuity of care and allow clients
to move among | service settings as their needs change; also work with other
| agencies to establish effective prevention programs.
| (j) Financial Assistance. Provide financial assistance to | local provider
agencies through purchase-of-care contracts and | grants, pursuant to Section
4 of this Act.
|
| (Source: P.A. 92-755, eff. 8-2-02.)
| (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
| Sec. 4. Financing for Community Services. The Department of | Human Services
is authorized to
provide financial | reimbursement
assistance to eligible private service | providers,
corporations, local government entities or | voluntary associations for the
provision of services to persons | with mental illness, persons with a
developmental disability | and alcohol and drug dependent persons living in the
community | for the purpose of achieving the goals of this Act.
| The Department shall utilize the following funding | mechanisms for community
services:
| (1) Purchase of Care Contracts: services purchased on a | predetermined fee
per unit of service basis from private | providers or governmental entities. Fee
per service rates | are set by an established formula which covers some portion
| of personnel, supplies, and other allowable costs, and | which makes some
allowance for geographic variations in | costs as well as for additional program
components.
| (2) Grants: sums of money which the Department grants | to private providers or
governmental
entities pursuant to | the grant recipient's agreement to provide certain
| services, as defined by departmental grant guidelines, to | an
approximate number of service
recipients. Grant levels | are set through consideration of personnel, supply and
|
| other allowable costs, as well as other funds available to | the program.
| (3) Other Funding Arrangements: funding mechanisms may | be established
on a pilot basis in order to examine the | feasibility of alternative financing
arrangements for the | provision of community services.
| The Department shall strive to establish and maintain an | equitable system of
payment
which allows
encourages providers | to improve persons with disabilities'
their clients'
| capabilities for
independence and reduces their reliance on | community or State-operated
services. The Governor shall | create a commission by July 1, 2007, or as soon thereafter as | possible, to review funding methodologies, identify gaps in | funding, identify revenue, and prioritize use of that revenue | for community developmental disability services, mental health | services, alcohol and substance abuse services, rehabilitation | services, and early intervention services. The first meeting of | the commission shall be held within the first month after the | creation and appointment of the commission, and a final report | summarizing the commission's recommendations must be issued | within 12 months after the first meeting, and no later than | September 1, 2008, to the Governor and the General Assembly. | The commission shall have the following 13 voting members: | (A) one member of the House of Representatives, | appointed by the Speaker of the House of Representatives; | (B) one member of the House of Representatives, |
| appointed by the House Minority Leader; | (C) one member of the Senate, appointed by the | President of the Senate; | (D) one member of the Senate, appointed by the Senate | Minority Leader; | (E) one person with a developmental disability, or a | family member or guardian of such a person, appointed by | the Governor; | (F) one person with a mental illness, or a family | member or guardian of such a person, appointed by the | Governor; | (G) two persons from unions that represent employees of | community providers that serve people with developmental | disabilities, mental illness, and alcohol and substance | abuse disorders, appointed by the Governor; and | (H) five persons from statewide associations that | represent community providers that provide residential, | day training, and other developmental disability services, | mental health services, alcohol and substance abuse | services, rehabilitation services, or early intervention | services, or any combination of those, appointed by the | Governor. | The commission shall also have the following ex-officio, | nonvoting members: | (I) the Director of the Governor's Office of Management | and Budget or his or her designee; |
| (J) the Chief Financial Officer of the Department of | Human Services or his or her designee; and | (K) the Administrator of the Department of Healthcare | and Family Services Division of Finance or his or her | designee. | The funding methodologies must reflect economic factors | inherent in providing services and supports, recognize | individual disability needs, and consider geographic | differences, transportation costs, required staffing ratios, | and mandates not currently funded.
| In accepting Department funds, providers shall recognize
| their responsibility to be
accountable to the Department and | the State for the delivery of services
which are consistent
| with the philosophies and goals of this Act and the rules and | regulations
promulgated under it.
| (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 10/11/2007
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