HB5927 97TH GENERAL ASSEMBLY

LRB097 17854 WGH 66193 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5927

Introduced 2/16/2012, by Rep. Chapin Rose

SYNOPSIS AS INTRODUCED:

210 ILCS 135/4	from Ch. 91 1/2, par. 1704
210 ILCS 135/10	from Ch. 91 1/2, par. 1710
210 ILCS 135/10.5 new

Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that the Department of Human Services may not deny, suspend, or revoke a license under the Act, or refuse to renew a license, on the ground that the licensee or applicant operates or proposes to operate a community-integrated living arrangement located within 800 feet from any other setting licensed or funded to provide residential services for persons with a developmental disability or mental illness, including another community-integrated living arrangement. Provides that neither the State plan for the distribution of community living arrangements throughout the State, nor any rule adopted by the Department, may include a requirement that a community-integrated living arrangement owned or leased by a community mental health or developmental services agency and funded by the Department may not be located within a distance of 800 feet from any other setting licensed or funded to provide residential services for persons with a developmental disability or mental illness, including another community-integrated living arrangement. Provides that the Department must, under the authority granted to it under a specified consent decree, adopt and publish a written plan for compliance with the terms of the consent decree within 3 months after the effective date of the amendatory Act. Sets forth features that the plan must include.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 10. The Community-Integrated Living Arrangements Licensure and Certification Act is amended by changing Sections 4 and 10 and by adding Section 10.5 as follows:

(210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)

Sec. 4. License.

(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 Care Act of 1969, the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act, or the ID/DD Community Care Act, as now or hereafter amended, shall remain subject thereto, and this Act shall not be construed to limit the application of those Acts.

(b) The system of licensure established under this Act shall be for the purposes of:

(1) Insuring that all recipients residing in community-integrated living arrangements are receiving appropriate community-based services, including treatment, training and habilitation or rehabilitation;

(2) Insuring that recipients' rights are protected and that all programs provided to and placements arranged for recipients comply with this Act, the Mental Health and Developmental Disabilities Code, and applicable Department rules and regulations;

(3) Maintaining the integrity of communities by requiring regular monitoring and inspection of placements and other services provided in community-integrated living arrangements.

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.

(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:

(1) All recipients residing in community-integrated living arrangements are receiving appropriate community-based services, including treatment, training and habilitation or rehabilitation;

(2) All programs provided to and placements arranged for recipients are supervised by the agency; and

(3) All programs provided to and placements arranged for recipients comply with this Act, the Mental Health and Developmental Disabilities Code, and applicable Department rules and regulations.

(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.

(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.

(e-5) The Department may not deny, suspend, or revoke a license, or refuse to renew a license, on the ground that the licensee or applicant operates or proposes to operate a community-integrated living arrangement located within 800 feet from any other setting licensed or funded to provide residential services for persons with a developmental disability or mental illness, including another community-integrated living arrangement.

(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.

(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.

(2) If the Department determines that an agency licensed 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 rule alleged to have been violated, and that the licensee 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.

(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 shall be charged to a community mental health or developmental services agency, provided that such fee shall not be more than $200.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-441, eff. 8-19-11; revised 9-28-11.)

(210 ILCS 135/10) (from Ch. 91 1/2, par. 1710)

Sec. 10. State plan.

(a) Community integrated living arrangements shall be located so as to enable residents to participate in and be integrated into their community or neighborhood. The location of such arrangements shall promote community integration of persons with mental disabilities. The Department shall adopt a plan ("State plan") for the distribution of community living arrangements throughout the State, considering the need for such arrangements in the various locations in which they are to be used. Each agency licensed under this Act must define the process of obtaining community acceptance of community living arrangements. The State plan shall include guidelines regarding the location of community integrated living arrangements within the geographic areas to be served by the agencies, and the availability of support services within those areas for residents under such arrangements. The Department shall promulgate such guidelines as rules pursuant to The Illinois Administrative Procedure Act. Neither the State plan nor any rule adopted by the Department under this Section may include a requirement that a community-integrated living arrangement owned or leased by a community mental health or developmental services agency and funded by the Department may not be located within a distance of 800 feet from any other setting licensed or funded to provide residential services for persons with a developmental disability or mental illness, including another community-integrated living arrangement.

The Department shall require any agency licensed under this Act to establish procedures for assuring compliance with such criteria, including annual review and comment by representatives of local governmental authorities, community mental health and developmental disabilities planning and service agencies, and other interested civil organizations, regarding the impact on their community areas of any living arrangements, programs or services to be certified by such agency. The Department shall give consideration to the comments of such community representatives in determinations of compliance with the State plan under this Section, and the Department may modify, suspend or withhold funding of such programs and services subject to this Act until such times as assurance is achieved.

(b) Beginning January 1, 1990, no Department of State government, as defined in The Civil Administrative Code of Illinois, shall place any person in or utilize any services of a community-integrated living arrangement which is not certified by an agency under this Act.

(Source: P.A. 86-922.)

(210 ILCS 135/10.5 new)

Sec. 10.5. State plan for transferring residents out of certain CILAs.

(a) Under the authority granted to it under a consent decree entered on June 15, 2011, in the United States District Court for the Northern District of Illinois, Eastern Division, in the case of Ligas v. Hamos, Case No. 05 C 4331, the Department must adopt and publish a written plan for compliance with the terms of the consent decree within 3 months after the effective date of this amendatory Act of the 97th General Assembly.

(b) The written plan required under subsection (a) must include at least all of the following features:

(1) The plan must take into account the need or desire of transferred residents to remain in the same geographic region of the State or to reside in a living arrangement that is reasonably close to a resident's family members and friends.

(2) The plan must specify the Department's goals and projected time frames for effecting the transfers with respect to (i) the number of facilities to which residents are to be transferred and (ii) the geographic regions of the State within which those facilities are located.

(3) The plan must include a plan for increasing the capacity of facilities or living arrangements receiving the transferred residents that ensures geographic diversity or capacity in the distribution of those residents throughout the State.

(4) The plan must include a plan for pre-certifying residential facilities to be constructed in the different geographic regions of the State to ensure that, if such a facility is built, there will be residents who will be allowed to move into the facility.