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Public Act 097-0441
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| HB0653 Enrolled | LRB097 03481 RPM 43518 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 1. Short title. This amendatory Act may be referred |
to as Paul's Law.
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Section 5. The Community-Integrated Living Arrangements |
Licensure and
Certification Act is amended by changing Sections |
4 and 9 and by adding Sections 13, 14, and 15 as follows:
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(210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
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Sec. 4.
(a) Any community mental health or developmental |
services agency who
wishes to develop and support a variety of |
community-integrated living
arrangements may do so pursuant to |
a license issued by the Department under this Act.
However, |
programs established under or otherwise subject to the Child
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Care Act of 1969, the Nursing Home Care Act, or the MR/DD |
Community Care Act, as now or
hereafter amended, shall remain
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subject thereto, and this Act shall not be construed to limit |
the
application of those Acts.
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(b) The system of licensure established under this Act |
shall be for the purposes of:
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(1) Insuring that all recipients residing in |
community-integrated living
arrangements are receiving |
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appropriate community-based services, including
treatment, |
training and habilitation or rehabilitation;
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(2) Insuring that recipients' rights are protected and |
that all programs
provided to and placements arranged for
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recipients comply with this Act, the Mental Health and |
Developmental
Disabilities Code, and applicable Department |
rules and regulations;
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(3) Maintaining the integrity of communities by |
requiring regular
monitoring and inspection of placements |
and other services provided in
community-integrated living |
arrangements.
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The licensure system shall be administered by a quality |
assurance unit
within the Department which shall be |
administratively independent of units
responsible for funding |
of agencies or community services.
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(c) As a condition of being licensed by the Department as a |
community
mental health or developmental services agency under |
this Act, the agency
shall certify to the Department that:
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(1) All recipients residing in community-integrated |
living arrangements
are receiving appropriate |
community-based services, including treatment,
training |
and habilitation or rehabilitation;
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(2) All programs provided to and placements arranged |
for recipients are
supervised by the agency; and
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(3) All programs provided to and placements arranged |
for recipients
comply with this Act, the Mental Health and |
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Developmental Disabilities
Code, and applicable Department |
rules and regulations.
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(d) An applicant for licensure as a community mental health |
or
developmental services agency under this Act shall submit an |
application
pursuant to the application process established by |
the Department by rule
and shall pay an application fee in an |
amount established by the
Department, which amount shall not be |
more than $200.
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(e) If an applicant meets the requirements established by |
the Department
to be licensed as a community mental health or |
developmental services
agency under this Act, after payment of |
the licensing fee, the Department
shall issue a license valid |
for 3 years from the date thereof unless
suspended or revoked |
by the Department or voluntarily surrendered by the agency.
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(f) Upon application to the Department, the Department may |
issue a
temporary permit to an applicant for a 6-month period |
to allow the holder
of such permit reasonable time to become |
eligible for a license under this Act.
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(g)(1) The Department may conduct site visits to an agency |
licensed under this
Act, or to any program or placement |
certified by the agency, and inspect
the records or premises, |
or both, of such agency, program or placement as
it deems |
appropriate, for the
purpose of determining compliance with |
this Act, the Mental Health and
Developmental Disabilities |
Code, and applicable Department rules and regulations.
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(2) If the Department determines that an agency licensed |
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under this Act
is not in compliance with this Act or the rules |
and regulations promulgated
under this Act, the Department |
shall serve a notice of violation
upon the licensee. Each |
notice of violation shall be prepared in writing
and shall |
specify the nature of the violation, the statutory provision or
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rule alleged to have been violated, and that the licensee
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submit a plan of correction to the Department if required. The |
notice shall also
inform the licensee of any other action which |
the Department might take
pursuant to this Act and of the right |
to a hearing.
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(g-5) As determined by the Department, a disproportionate |
number or percentage of licensure complaints; a |
disproportionate number or percentage of substantiated cases |
of abuse, neglect, or exploitation involving an agency; an |
apparent unnatural death of an individual served by an agency; |
any egregious or life-threatening abuse or neglect within an |
agency; or any other significant event as determined by the |
Department shall initiate a review of the agency's license by |
the Department, as well as a review of its service agreement |
for funding. The Department shall adopt rules to establish the |
process by which the determination to initiate a review shall |
be made and the timeframe to initiate a review upon the making |
of such determination. |
(h) Upon the expiration of any license issued under this |
Act, a license
renewal application shall be required of and a |
license renewal fee in an
amount established by the Department |
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shall be
charged to a community mental health or
developmental |
services agency, provided that such fee shall not be more than |
$200.
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(Source: P.A. 96-339, eff. 7-1-10.)
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(210 ILCS 135/9) (from Ch. 91 1/2, par. 1709)
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Sec. 9.
By July 1, 1989, the Department shall adopt rules |
pursuant to
the Illinois Administrative Procedure Act to |
establish minimum standards
for licensing community-integrated |
living arrangements under this Act.
These rules shall govern |
the operation and conduct of community-integrated
living |
arrangements and shall provide for the license application
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process; agency standards and financial requirements; |
licensing,
certification and license renewal procedures; |
revocation of licenses;
notification to recipients of their |
rights and the ability to contact the
Guardianship and Advocacy |
Commission; emergency actions which can be taken
by the |
Department to protect recipients' rights, welfare, and safety; |
and
any other rules deemed necessary to implement the |
provisions of this Act.
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By December 31, 1996, the Department shall adopt rules |
under the Illinois
Administrative Procedure Act that specify |
the components of reimbursement for
community-integrated |
living arrangements and include costs as reported on the
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Interagency Statistical and Financial Report.
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By December 31, 2011, the Department shall adopt rules |
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under the Illinois Administrative Procedure Act that govern the |
assignment and operations of monitors and receiverships for |
community-integrated living arrangements wherein the |
Department has identified systemic risks to individuals |
served. The rules shall specify the criteria for determining |
the need for independent monitors and receivers, their conduct |
once established, and their reporting requirements to the |
Department. These monitors and receivers shall be independent |
entities appointed by the Department and not staff from State |
agencies. This paragraph does not limit, however, the |
Department's authority to take necessary action through its own |
or other State staff. |
(Source: P.A. 89-31, eff. 6-23-95.)
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(210 ILCS 135/13 new) |
Sec. 13. Registry checks for employees. |
(a) Within 60 days after the effective date of this |
amendatory Act of the 97th General Assembly, the Department |
shall require all of its community developmental services |
agencies to conduct required registry checks on employees at |
the time of hire and annually thereafter during employment. The |
required registries to be checked are the Health Care Worker |
Registry, the Department of Children and Family Services' State |
Central Register, and the Illinois Sex Offender Registry. A |
person may not be employed if he or she is found to have |
disqualifying convictions or substantiated cases of abuse or |
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neglect. At the time of the annual registry checks, if a |
current employee's name has been placed on a registry with |
disqualifying convictions or disqualifying substantiated cases |
of abuse or neglect, then the employee must be terminated. |
Disqualifying convictions or disqualifying substantiated cases |
of abuse or neglect are defined for the Department of Children |
and Family Services' State Central Register by the Department |
of Children and Family Services' standards for background |
checks in Part 385 of Title 89 of the Illinois Administrative |
Code. Disqualifying convictions or disqualifying substantiated |
cases of abuse or neglect are defined for the Health Care |
Worker Registry by the Health Care Worker Background Check Act |
and the Department's standards for abuse and neglect |
investigations in Section 1-17 of the Department of Human |
Services Act. |
(b) In collaboration with the Department of Children and |
Family Services and the Department of Public Health, the |
Department of Human Services shall establish a waiver process |
from the prohibition of employment or termination of employment |
requirements in subsection (a) of this Section for any |
applicant or employee listed under the Department of Children |
and Family Services' State Central Register seeking to be hired |
or maintain his or her employment with a community |
developmental services agency under this Act. The waiver |
process for applicants and employees outlined under Section 40 |
of the Health Care Worker Background Check Act shall remain in |
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effect for individuals listed on the Health Care Worker |
Registry. |
(c) In order to effectively and efficiently comply with |
subsection (a), the Department of Children and Family Services |
shall take immediate actions to streamline the process for |
checking the State Central Register for employees hired by |
community developmental services agencies referenced in this |
Act. These actions may include establishing a website for |
registry checks or establishing a registry check process |
similar to the Health Care Worker Registry.
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(210 ILCS 135/14 new) |
Sec. 14. Transparency for individuals and guardians. By |
October 1, 2011, the Department shall make available to |
individuals and guardians upon enrollment a document listing |
telephone numbers and other contact information to report |
suspected cases of abuse, neglect, or exploitation. The |
information provided shall include a delineation of the |
individuals' rights. By July 1, 2012, the Department shall make |
available through its website information on each agency |
regarding licensure and quality assurance survey results; |
licensure and contract status; and substantiated findings of |
abuse, egregious neglect, and exploitation. The Department |
shall adopt rules regarding the posting of this information and |
shall inform individuals and guardians of its availability |
during the initial provider selection process.
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(210 ILCS 135/15 new) |
Sec. 15. Designation of representative. Any adult resident |
of a community-integrated living arrangement who does not have |
a legal guardian and has not been adjudicated incompetent may |
designate another adult of his or her choice to serve as the |
representative of the resident for the sole purpose of |
receiving notification from the agency or from the Department |
concerning any incident or condition regarding the health, |
safety, or well-being of the resident. The designation shall be |
made in writing and signed by the resident, the designated |
representative, and a representative of the agency. The agency |
shall inform the resident of his or her right to designate |
another adult as a representative for such purposes. The |
designation may be revoked in writing by the resident at any |
time. The agency shall provide a designation of representative |
form that is substantially the same as the following:
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"DESIGNATION OF REPRESENTATIVE
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I, (insert name), am....... years old and reside at........
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I have not been adjudicated incompetent and do not have a legal |
guardian.
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I hereby delegate (insert name, phone number, and e-mail |
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address of designated representative), an adult who resides |
at.........., as my representative for the sole purpose of |
receiving notification of any incident that may affect my |
health, safety or well-being while a resident at.........., and |
hereby give my consent to (insert name of agency) to |
communicate with (insert name of designated representative) |
about any such incident.
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I understand that I may revoke this Designation of |
Representative at any time by notifying (insert name of agency) |
in writing that I wish to do so.
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I also understand that by executing this document I am waiving |
my right to confidentiality, but only to the extent of the |
authority conveyed in this document.
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(Insert Name of Resident)
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..................... |
Signature of Resident
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(Insert Name of Representative)
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........................... |
Signature of Representative
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