Rep. Greg Harris

Filed: 4/5/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 653

2    AMENDMENT NO. ______. Amend House Bill 653 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 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.

 

 

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

 

 

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

 

 

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1appropriate, for the purpose of determining compliance with
2this Act, the Mental Health and Developmental Disabilities
3Code, and applicable Department rules and regulations.
4    (2) If the Department determines that an agency licensed
5under this Act is not in compliance with this Act or the rules
6and regulations promulgated under this Act, the Department
7shall serve a notice of violation upon the licensee. Each
8notice of violation shall be prepared in writing and shall
9specify the nature of the violation, the statutory provision or
10rule alleged to have been violated, and that the licensee
11submit a plan of correction to the Department if required. The
12notice shall also inform the licensee of any other action which
13the Department might take pursuant to this Act and of the right
14to a hearing.
15    (g-5) As determined by the Department, a disproportionate
16number or percentage of licensure complaints; a
17disproportionate number or percentage of substantiated cases
18of abuse, neglect, or exploitation involving an agency; an
19apparent unnatural death of an individual served by an agency;
20any egregious or life-threatening abuse or neglect within an
21agency; or any other significant event as determined by the
22Department shall initiate a review of the agency's license by
23the Department, as well as a review of its service agreement
24for funding.
25    (h) Upon the expiration of any license issued under this
26Act, a license renewal application shall be required of and a

 

 

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1license renewal fee in an amount established by the Department
2shall be charged to a community mental health or developmental
3services agency, provided that such fee shall not be more than
4$200.
5(Source: P.A. 96-339, eff. 7-1-10.)
 
6    (210 ILCS 135/9)  (from Ch. 91 1/2, par. 1709)
7    Sec. 9. By July 1, 1989, the Department shall adopt rules
8pursuant to the Illinois Administrative Procedure Act to
9establish minimum standards for licensing community-integrated
10living arrangements under this Act. These rules shall govern
11the operation and conduct of community-integrated living
12arrangements and shall provide for the license application
13process; agency standards and financial requirements;
14licensing, certification and license renewal procedures;
15revocation of licenses; notification to recipients of their
16rights and the ability to contact the Guardianship and Advocacy
17Commission; emergency actions which can be taken by the
18Department to protect recipients' rights, welfare, and safety;
19and any other rules deemed necessary to implement the
20provisions of this Act.
21    By December 31, 1996, the Department shall adopt rules
22under the Illinois Administrative Procedure Act that specify
23the components of reimbursement for community-integrated
24living arrangements and include costs as reported on the
25Interagency Statistical and Financial Report.

 

 

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1    By December 31, 2011, the Department shall adopt rules
2under the Illinois Administrative Procedure Act that govern the
3assignment and operations of monitors and receiverships for
4community-integrated living arrangements wherein the
5Department has identified systemic risks to individuals
6served. The rules shall specify the criteria for determining
7the need for independent monitors and receivers, their conduct
8once established, and their reporting requirements to the
9Department. These monitors and receivers shall be independent
10entities appointed by the Department and not staff from State
11agencies. This paragraph does not limit, however, the
12Department's authority to take necessary action through its own
13or other State staff.
14(Source: P.A. 89-31, eff. 6-23-95.)
 
15    (210 ILCS 135/13 new)
16    Sec. 13. Registry checks for employees. By July 1, 2011,
17the Department shall require all of its community developmental
18services agencies to conduct required registry checks on
19employees at the time of hire and every 6 months thereafter
20during employment. The required registries to be checked are
21the Health Care Worker Registry, the Department of Children and
22Family Services' State Central Register, and the Illinois Sex
23Offender Registry. A person may not be employed if he or she is
24found to have disqualifying convictions or substantiated cases
25of abuse or neglect. At the time of the 6-month registry

 

 

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1checks, if a current employee's name has been placed on a
2registry with disqualifying convictions or substantiated cases
3of abuse or neglect, then the employment must be terminated.
 
4    (210 ILCS 135/14 new)
5    Sec. 14. Transparency for individuals and guardians. By
6October 1, 2011, the Department shall make available to
7individuals and guardians upon enrollment a document listing
8telephone numbers and other contact information to report
9suspected cases of abuse, neglect, or exploitation. The
10information provided shall include a delineation of the
11individuals' rights. By July 1, 2012, the Department shall make
12available through its website information on each agency
13regarding licensure and quality assurance survey results;
14licensure and contract status; and substantiated findings of
15abuse, neglect, and exploitation. The Department shall adopt
16rules regarding the posting of this information and shall
17inform individuals and guardians of its availability during the
18initial provider selection process.".