HB0653 EngrossedLRB097 03481 RPM 43518 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Community-Integrated Living Arrangements
5Licensure and Certification Act is amended by changing Sections
64 and 9 and by adding Sections 13 and 14 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, or the MR/DD
14Community Care Act, as now or hereafter amended, shall remain
15subject thereto, and this Act shall not be construed to limit
16the application of those Acts.
17    (b) The system of licensure established under this Act
18shall be for the purposes of:
19        (1) Insuring that all recipients residing in
20    community-integrated living arrangements are receiving
21    appropriate community-based services, including treatment,
22    training and habilitation or rehabilitation;
23        (2) Insuring that recipients' rights are protected and

 

 

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

 

 

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1or developmental services agency under this Act shall submit an
2application pursuant to the application process established by
3the Department by rule and shall pay an application fee in an
4amount established by the Department, which amount shall not be
5more than $200.
6    (e) If an applicant meets the requirements established by
7the Department to be licensed as a community mental health or
8developmental services agency under this Act, after payment of
9the licensing fee, the Department shall issue a license valid
10for 3 years from the date thereof unless suspended or revoked
11by the Department or voluntarily surrendered by the agency.
12    (f) Upon application to the Department, the Department may
13issue a temporary permit to an applicant for a 6-month period
14to allow the holder of such permit reasonable time to become
15eligible for a license under this Act.
16    (g)(1) The Department may conduct site visits to an agency
17licensed under this Act, or to any program or placement
18certified by the agency, and inspect the records or premises,
19or both, of such agency, program or placement as it deems
20appropriate, for the purpose of determining compliance with
21this Act, the Mental Health and Developmental Disabilities
22Code, and applicable Department rules and regulations.
23    (2) If the Department determines that an agency licensed
24under this Act is not in compliance with this Act or the rules
25and regulations promulgated under this Act, the Department
26shall serve a notice of violation upon the licensee. Each

 

 

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1notice of violation shall be prepared in writing and shall
2specify the nature of the violation, the statutory provision or
3rule alleged to have been violated, and that the licensee
4submit a plan of correction to the Department if required. The
5notice shall also inform the licensee of any other action which
6the Department might take pursuant to this Act and of the right
7to a hearing.
8    (g-5) As determined by the Department, a disproportionate
9number or percentage of licensure complaints; a
10disproportionate number or percentage of substantiated cases
11of abuse, neglect, or exploitation involving an agency; an
12apparent unnatural death of an individual served by an agency;
13any egregious or life-threatening abuse or neglect within an
14agency; or any other significant event as determined by the
15Department shall initiate a review of the agency's license by
16the Department, as well as a review of its service agreement
17for funding.
18    (h) Upon the expiration of any license issued under this
19Act, a license renewal application shall be required of and a
20license renewal fee in an amount established by the Department
21shall be charged to a community mental health or developmental
22services agency, provided that such fee shall not be more than
23$200.
24(Source: P.A. 96-339, eff. 7-1-10.)
 
25    (210 ILCS 135/9)  (from Ch. 91 1/2, par. 1709)

 

 

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1    Sec. 9. By July 1, 1989, the Department shall adopt rules
2pursuant to the Illinois Administrative Procedure Act to
3establish minimum standards for licensing community-integrated
4living arrangements under this Act. These rules shall govern
5the operation and conduct of community-integrated living
6arrangements and shall provide for the license application
7process; agency standards and financial requirements;
8licensing, certification and license renewal procedures;
9revocation of licenses; notification to recipients of their
10rights and the ability to contact the Guardianship and Advocacy
11Commission; emergency actions which can be taken by the
12Department to protect recipients' rights, welfare, and safety;
13and any other rules deemed necessary to implement the
14provisions of this Act.
15    By December 31, 1996, the Department shall adopt rules
16under the Illinois Administrative Procedure Act that specify
17the components of reimbursement for community-integrated
18living arrangements and include costs as reported on the
19Interagency Statistical and Financial Report.
20    By December 31, 2011, the Department shall adopt rules
21under the Illinois Administrative Procedure Act that govern the
22assignment and operations of monitors and receiverships for
23community-integrated living arrangements wherein the
24Department has identified systemic risks to individuals
25served. The rules shall specify the criteria for determining
26the need for independent monitors and receivers, their conduct

 

 

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1once established, and their reporting requirements to the
2Department. These monitors and receivers shall be independent
3entities appointed by the Department and not staff from State
4agencies. This paragraph does not limit, however, the
5Department's authority to take necessary action through its own
6or other State staff.
7(Source: P.A. 89-31, eff. 6-23-95.)
 
8    (210 ILCS 135/13 new)
9    Sec. 13. Registry checks for employees. By July 1, 2011,
10the Department shall require all of its community developmental
11services agencies to conduct required registry checks on
12employees at the time of hire and every 6 months thereafter
13during employment. The required registries to be checked are
14the Health Care Worker Registry, the Department of Children and
15Family Services' State Central Register, and the Illinois Sex
16Offender Registry. A person may not be employed if he or she is
17found to have disqualifying convictions or substantiated cases
18of abuse or neglect. At the time of the 6-month registry
19checks, if a current employee's name has been placed on a
20registry with disqualifying convictions or substantiated cases
21of abuse or neglect, then the employment must be terminated.
 
22    (210 ILCS 135/14 new)
23    Sec. 14. Transparency for individuals and guardians. By
24October 1, 2011, the Department shall make available to

 

 

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1individuals and guardians upon enrollment a document listing
2telephone numbers and other contact information to report
3suspected cases of abuse, neglect, or exploitation. The
4information provided shall include a delineation of the
5individuals' rights. By July 1, 2012, the Department shall make
6available through its website information on each agency
7regarding licensure and quality assurance survey results;
8licensure and contract status; and substantiated findings of
9abuse, neglect, and exploitation. The Department shall adopt
10rules regarding the posting of this information and shall
11inform individuals and guardians of its availability during the
12initial provider selection process.