Rep. Mary E. Flowers

Filed: 3/21/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2857

2    AMENDMENT NO. ______. Amend House Bill 2857 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Community-Integrated Living Arrangements
5Licensure and Certification Act is amended by changing Section
64 as follows:
 
7    (210 ILCS 135/4)  (from Ch. 91 1/2, par. 1704)
8    Sec. 4. (a) Any community mental health or developmental
9services agency who wishes to develop and support a variety of
10community-integrated living arrangements may do so pursuant to
11a license issued by the Department under this Act. However,
12programs established under or otherwise subject to the Child
13Care Act of 1969, the Nursing Home Care Act, the Specialized
14Mental Health Rehabilitation Act of 2013, the ID/DD Community
15Care Act, or the MC/DD Act, as now or hereafter amended, shall
16remain subject thereto, and this Act shall not be construed to

 

 

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1limit the application of those Acts.
2    (b) The system of licensure established under this Act
3shall be for the purposes of:
4        (1) ensuring Insuring that all recipients residing in
5    community-integrated living arrangements are receiving
6    appropriate community-based services, including treatment,
7    training and habilitation or rehabilitation;
8        (1.5) ensuring that the staffing of
9    community-integrated living arrangements is based on a
10    recipient's acuity and that recipients are treated
11    individually;
12        (2) ensuring Insuring that recipients' rights are
13    protected and that all programs provided to and placements
14    arranged for recipients comply with this Act, the Mental
15    Health and Developmental Disabilities Code, and applicable
16    Department rules and regulations;
17        (3) maintaining Maintaining the integrity of
18    communities by requiring regular monitoring and inspection
19    of placements and other services provided in
20    community-integrated living arrangements.
21    The licensure system shall be administered by a quality
22assurance unit within the Department which shall be
23administratively independent of units responsible for funding
24of agencies or community services.
25    (c) As a condition of being licensed by the Department as a
26community mental health or developmental services agency under

 

 

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1this Act, the agency shall certify to the Department that:
2        (1) All recipients residing in community-integrated
3    living arrangements are receiving appropriate
4    community-based services, including treatment, training
5    and habilitation or rehabilitation;
6        (2) All programs provided to and placements arranged
7    for recipients are supervised by the agency; and
8        (3) All programs provided to and placements arranged
9    for recipients comply with this Act, the Mental Health and
10    Developmental Disabilities Code, and applicable Department
11    rules and regulations.
12    (d) An applicant for licensure as a community mental health
13or developmental services agency under this Act shall submit an
14application pursuant to the application process established by
15the Department by rule and shall pay an application fee in an
16amount established by the Department, which amount shall not be
17more than $200.
18    (e) If an applicant meets the requirements established by
19the Department to be licensed as a community mental health or
20developmental services agency under this Act, after payment of
21the licensing fee, the Department shall issue a license valid
22for 2 3 years from the date thereof unless suspended or revoked
23by the Department or voluntarily surrendered by the agency.
24    (f) Upon application to the Department, the Department may
25issue a temporary permit to an applicant for a 6-month period
26to allow the holder of such permit reasonable time to become

 

 

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1eligible for a license under this Act.
2    (g)(1) The Department may conduct site visits to an agency
3licensed under this Act, or to any program or placement
4certified by the agency, and inspect the records or premises,
5or both, of such agency, program or placement as it deems
6appropriate, for the purpose of determining compliance with
7this Act, the Mental Health and Developmental Disabilities
8Code, and applicable Department rules and regulations. An
9agency licensed under this Act or a community-integrated living
10arrangement certified by an agency must maintain for public
11inspection copies of investigative reports and surveys
12conducted by the Department.
13    (2) If the Department determines that an agency licensed
14under this Act is not in compliance with this Act or the rules
15and regulations promulgated under this Act, the Department
16shall serve a notice of violation upon the licensee. Each
17notice of violation shall be prepared in writing and shall
18specify the nature of the violation, the statutory provision or
19rule alleged to have been violated, and that the licensee
20submit a plan of correction to the Department if required. The
21notice shall also inform the licensee of any other action which
22the Department might take pursuant to this Act and of the right
23to a hearing. The Department must prepare a quarterly report
24detailing violations of this Act by an agency licensed under
25this Act or a community-integrated living arrangement
26certified by an agency and publish the report on its website;

 

 

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1the report must include the name and address of each agency and
2community-integrated living arrangement that violates this
3Act.
4    (g-5) As determined by the Department, a disproportionate
5number or percentage of licensure complaints; a
6disproportionate number or percentage of substantiated cases
7of abuse, neglect, or exploitation involving an agency; an
8apparent unnatural death of an individual served by an agency;
9any egregious or life-threatening abuse or neglect within an
10agency; or any other significant event as determined by the
11Department shall initiate a review of the agency's license by
12the Department, as well as a review of its service agreement
13for funding. The Department shall adopt rules to establish the
14process by which the determination to initiate a review shall
15be made and the timeframe to initiate a review upon the making
16of such determination.
17    (h) Upon the expiration of any license issued under this
18Act, a license renewal application shall be required of and a
19license renewal fee in an amount established by the Department
20shall be charged to a community mental health or developmental
21services agency, provided that such fee shall not be more than
22$200.
23(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)".