Sen. Pamela J. Althoff

Filed: 5/20/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 653

2    AMENDMENT NO. ______. Amend House Bill 653, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This amendatory Act may be
6referred to as Paul's Law.
 
7    Section 5. The Community-Integrated Living Arrangements
8Licensure and Certification Act is amended by changing Sections
94 and 9 and by adding Sections 13, 14, and 15 as follows:
 
10    (210 ILCS 135/4)  (from Ch. 91 1/2, par. 1704)
11    Sec. 4. (a) Any community mental health or developmental
12services agency who wishes to develop and support a variety of
13community-integrated living arrangements may do so pursuant to
14a license issued by the Department under this Act. However,
15programs established under or otherwise subject to the Child

 

 

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1Care Act of 1969, the Nursing Home Care Act, or the MR/DD
2Community Care Act, as now or hereafter amended, shall remain
3subject thereto, and this Act shall not be construed to limit
4the application of those Acts.
5    (b) The system of licensure established under this Act
6shall be for the purposes of:
7        (1) Insuring that all recipients residing in
8    community-integrated living arrangements are receiving
9    appropriate community-based services, including treatment,
10    training and habilitation or rehabilitation;
11        (2) Insuring that recipients' rights are protected and
12    that all programs provided to and placements arranged for
13    recipients comply with this Act, the Mental Health and
14    Developmental Disabilities Code, and applicable Department
15    rules and regulations;
16        (3) Maintaining the integrity of communities by
17    requiring regular monitoring and inspection of placements
18    and other services provided in community-integrated living
19    arrangements.
20    The licensure system shall be administered by a quality
21assurance unit within the Department which shall be
22administratively independent of units responsible for funding
23of agencies or community services.
24    (c) As a condition of being licensed by the Department as a
25community mental health or developmental services agency under
26this Act, the agency shall certify to the Department that:

 

 

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

 

 

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

 

 

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1the Department, as well as a review of its service agreement
2for funding. The Department shall adopt rules to establish the
3process by which the determination to initiate a review shall
4be made and the timeframe to initiate a review upon the making
5of such determination.
6    (h) Upon the expiration of any license issued under this
7Act, a license renewal application shall be required of and a
8license renewal fee in an amount established by the Department
9shall be charged to a community mental health or developmental
10services agency, provided that such fee shall not be more than
11$200.
12(Source: P.A. 96-339, eff. 7-1-10.)
 
13    (210 ILCS 135/9)  (from Ch. 91 1/2, par. 1709)
14    Sec. 9. By July 1, 1989, the Department shall adopt rules
15pursuant to the Illinois Administrative Procedure Act to
16establish minimum standards for licensing community-integrated
17living arrangements under this Act. These rules shall govern
18the operation and conduct of community-integrated living
19arrangements and shall provide for the license application
20process; agency standards and financial requirements;
21licensing, certification and license renewal procedures;
22revocation of licenses; notification to recipients of their
23rights and the ability to contact the Guardianship and Advocacy
24Commission; emergency actions which can be taken by the
25Department to protect recipients' rights, welfare, and safety;

 

 

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1and any other rules deemed necessary to implement the
2provisions of this Act.
3    By December 31, 1996, the Department shall adopt rules
4under the Illinois Administrative Procedure Act that specify
5the components of reimbursement for community-integrated
6living arrangements and include costs as reported on the
7Interagency Statistical and Financial Report.
8    By December 31, 2011, the Department shall adopt rules
9under the Illinois Administrative Procedure Act that govern the
10assignment and operations of monitors and receiverships for
11community-integrated living arrangements wherein the
12Department has identified systemic risks to individuals
13served. The rules shall specify the criteria for determining
14the need for independent monitors and receivers, their conduct
15once established, and their reporting requirements to the
16Department. These monitors and receivers shall be independent
17entities appointed by the Department and not staff from State
18agencies. This paragraph does not limit, however, the
19Department's authority to take necessary action through its own
20or other State staff.
21(Source: P.A. 89-31, eff. 6-23-95.)
 
22    (210 ILCS 135/13 new)
23    Sec. 13. Registry checks for employees.
24    (a) Within 60 days after the effective date of this
25amendatory Act of the 97th General Assembly, the Department

 

 

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1shall require all of its community developmental services
2agencies to conduct required registry checks on employees at
3the time of hire and annually thereafter during employment. The
4required registries to be checked are the Health Care Worker
5Registry, the Department of Children and Family Services' State
6Central Register, and the Illinois Sex Offender Registry. A
7person may not be employed if he or she is found to have
8disqualifying convictions or substantiated cases of abuse or
9neglect. At the time of the annual registry checks, if a
10current employee's name has been placed on a registry with
11disqualifying convictions or disqualifying substantiated cases
12of abuse or neglect, then the employee must be terminated.
13Disqualifying convictions or disqualifying substantiated cases
14of abuse or neglect are defined for the Department of Children
15and Family Services' State Central Register by the Department
16of Children and Family Services' standards for background
17checks in Part 385 of Title 89 of the Illinois Administrative
18Code. Disqualifying convictions or disqualifying substantiated
19cases of abuse or neglect are defined for the Health Care
20Worker Registry by the Health Care Worker Background Check Act
21and the Department's standards for abuse and neglect
22investigations in Section 1-17 of the Department of Human
23Services Act.
24    (b) In collaboration with the Department of Children and
25Family Services and the Department of Public Health, the
26Department of Human Services shall establish a waiver process

 

 

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1from the prohibition of employment or termination of employment
2requirements in subsection (a) of this Section for any
3applicant or employee listed under the Department of Children
4and Family Services' State Central Register seeking to be hired
5or maintain his or her employment with a community
6developmental services agency under this Act. The waiver
7process for applicants and employees outlined under Section 40
8of the Health Care Worker Background Check Act shall remain in
9effect for individuals listed on the Health Care Worker
10Registry.
11    (c) In order to effectively and efficiently comply with
12subsection (a), the Department of Children and Family Services
13shall take immediate actions to streamline the process for
14checking the State Central Register for employees hired by
15community developmental services agencies referenced in this
16Act. These actions may include establishing a website for
17registry checks or establishing a registry check process
18similar to the Health Care Worker Registry.
 
19    (210 ILCS 135/14 new)
20    Sec. 14. Transparency for individuals and guardians. By
21October 1, 2011, the Department shall make available to
22individuals and guardians upon enrollment a document listing
23telephone numbers and other contact information to report
24suspected cases of abuse, neglect, or exploitation. The
25information provided shall include a delineation of the

 

 

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1individuals' rights. By July 1, 2012, the Department shall make
2available through its website information on each agency
3regarding licensure and quality assurance survey results;
4licensure and contract status; and substantiated findings of
5abuse, egregious neglect, and exploitation. The Department
6shall adopt rules regarding the posting of this information and
7shall inform individuals and guardians of its availability
8during the initial provider selection process.
 
9    (210 ILCS 135/15 new)
10    Sec. 15. Designation of representative. Any adult resident
11of a community-integrated living arrangement who does not have
12a legal guardian and has not been adjudicated incompetent may
13designate another adult of his or her choice to serve as the
14representative of the resident for the sole purpose of
15receiving notification from the agency or from the Department
16concerning any incident or condition regarding the health,
17safety, or well-being of the resident. The designation shall be
18made in writing and signed by the resident, the designated
19representative, and a representative of the agency. The agency
20shall inform the resident of his or her right to designate
21another adult as a representative for such purposes. The
22designation may be revoked in writing by the resident at any
23time. The agency shall provide a designation of representative
24form that is substantially the same as the following:
 

 

 

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1
"DESIGNATION OF REPRESENTATIVE

 
2I, (insert name), am....... years old and reside at........
 
3I have not been adjudicated incompetent and do not have a legal
4guardian.
 
5I hereby delegate (insert name, phone number, and e-mail
6address of designated representative), an adult who resides
7at.........., as my representative for the sole purpose of
8receiving notification of any incident that may affect my
9health, safety or well-being while a resident at.........., and
10hereby give my consent to (insert name of agency) to
11communicate with (insert name of designated representative)
12about any such incident.
 
13I understand that I may revoke this Designation of
14Representative at any time by notifying (insert name of agency)
15in writing that I wish to do so.
 
16I also understand that by executing this document I am waiving
17my right to confidentiality, but only to the extent of the
18authority conveyed in this document.
 
19(Insert Name of Resident)
 

 

 

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1.....................
2Signature of Resident
 
3(Insert Name of Representative)
 
4...........................
5Signature of Representative
 
6(Insert Name of Agency Representative)
 
7...........................
8Signature of Representative".
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".