Illinois General Assembly - Illinois Compiled Statutes

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405 ILCS 5/4-209

(405 ILCS 5/4-209) (from Ch. 91 1/2, par. 4-209)

Sec. 4-209.

(a) Hearings under Sections 4-201.1, 4-312, 4-704 and 4-709
of this Chapter shall be conducted by a utilization review committee. The
Secretary shall appoint a utilization review committee at each
Department
facility.  Each such committee shall consist of multi-disciplinary
professional staff members who are trained and equipped to deal with the
habilitation needs of clients.  At least one member of the committee shall
be a qualified intellectual disabilities professional. The client and the objector
may be represented by persons of their choice.

(b) The utilization review committee shall not be bound by rules of
evidence or procedure but shall conduct the proceedings in a manner
intended to ensure a fair hearing.  The committee may make such
investigation as it deems necessary. It may administer oaths and compel by
subpoena testimony and the production of records.  A stenographic or audio
recording of the proceedings shall be made and shall be kept in the
client's record.  Within 3 days of conclusion of the hearing, the committee
shall submit to the facility director its written recommendations which
include its factual findings and conclusions.  A copy of the
recommendations shall be given to the client and the objector.

(c) Within 7 days of receipt of the recommendations, the facility director
shall give written notice to the client and objector of his acceptance or
rejection of the recommendations and his reason therefor.  If the facility
director rejects the recommendations or if the client or objector requests
review of the facility director's decision, the facility director shall
promptly forward a copy of his decision, the recommendations, and the record
of the hearing to the Secretary of the Department for final
review. The review of the facility director's decision shall be decided by the
Secretary or his or her designee
within 30 days of the receipt of a request for final review.  The decision of
the facility director, or the decision of the Secretary (or his or her
designee) if review was requested, shall be considered a final
administrative decision, and shall be subject to review under and in accordance
with Article III of the Code of Civil Procedure.  The decision of the facility
director, or the decision of the Secretary (or his or her designee) if review
was requested, shall be
considered a final administrative decision.

(Source: P.A. 97-227, eff. 1-1-12.)