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90_HB2628 20 ILCS 1705/4.3 from Ch. 91 1/2, par. 100-4.3 Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that facilities under the jurisdiction of the Department of Human Services shall be subject to a site audit at least once during each 12-month period by the Department (now each biennium by the Citizens Council on Mental Health and Developmental Disabilities). Provides that the visit shall determine compliance with the statutes relating to patient care and Department policies and procedures (now Department policies and procedures). Provides that visits shall be made to review and follow up on complaints made by legislators, mental health organizations, and advocates (now mental health agencies and advocates). Provides that at least 3 non-profit organizations shall have access to State-operated facilities. Provides that the purpose of the access is to insure there will be independent assessments of each facility. Provides that the Department shall adopt rules governing access to the facilities. Provides that visits may be carried out upon the notification of a complaint. Provides that review of a complaint shall be deferred until after the Office of the Inspector General completes its investigation. Effective immediately. LRB9009149MWmg LRB9009149MWmg 1 AN ACT to amend the Mental Health and Developmental 2 Disabilities Administrative Act by changing Section 4.3. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Mental Health and Developmental 6 Disabilities Administrative Act is amended by changing 7 Section 4.3 as follows: 8 (20 ILCS 1705/4.3) (from Ch. 91 1/2, par. 100-4.3) 9 Sec. 4.3. Site visits and inspections. 10 (a) Each facility under the jurisdiction of the 11 Department shall be subject to a site visit at least once 12 during each 12-month period
biennium by the Citizens Council13 on Mental Health and Developmental Disabilities as provided14 in Section 11A-7 of the Legislative Commission Reorganization15 Act of 1984, as now or hereafter amended. 16 (b) The Department shall establish a system of annual 17 on-site inspections of each facility under its jurisdiction. 18 The inspections shall be conducted by the Department 19 Department's central officeto: 20 (1) Determine facility compliance with the statutes 21 relating to patient care and the Department policies and 22 procedures; 23 (2) Determine facility compliance with audit 24 recommendations; 25 (3) Evaluate facility compliance with applicable federal 26 standards; 27 (4) Review and follow up on complaints made by 28 legislators, community mental health organizations agencies29 and advocates, and on findings of the Human Rights Authority 30 division of the Guardianship and Advocacy Commission; and 31 (5) Review administrative and management problems -2- LRB9009149MWmg 1 identified by other sources. 2 (c) Before January 30 of each even-numbered year, the 3 Inspector General shall, with the advice of the Department, 4 certify at least 3 non-profit organizations whose primary 5 purpose is to improve the quality of mental health care in 6 State-operated facilities. The certified organizations shall 7 ensure that those persons who have access under this Section 8 comply with all statutory and regulatory provisions governing 9 recipients' rights, confidentiality, privacy, and safety and 10 that any individual who fails to comply shall not be 11 permitted to continue to participate in assessments. The 12 certified organizations shall ensure that individuals shall 13 not be permitted to participate in assessments at any 14 facility at which their presence would conflict with a 15 recipient's right to refuse contact with those individuals. 16 The Department shall adopt rules governing the certified 17 organization's access to the facilities. The rules shall 18 ensure that visits will be accomplished in a manner that is 19 not disruptive to the operation of the State-operated 20 facility and shall require that the organizations abide by 21 any clinically-dictated guidelines imposed by the Medical 22 Director of the State-operated facility for conducting the 23 visits or interviewing individuals. The purpose of the 24 access is to insure there will be independent assessments for 25 each State-operated facility, not to exceed 4 per year for 26 each facility. However, additional visits may be carried out 27 upon the notification of a specific complaint. In the event 28 of a pending investigation by the Office of Inspector 29 General, the organization shall defer its review of the 30 complaint until after the Office of Inspector General 31 completes its investigation. Under no circumstances shall a 32 site visitor take any action which may impede or interfere 33 with an Office of Inspector General investigation or any 34 criminal investigation being conducted by State or local -3- LRB9009149MWmg 1 police. The access shall exclude all patient records unless 2 the recipient has permitted the examination of his or her 3 records under the Mental Health and Developmental 4 Disabilities Confidentiality Act. 5 The Department shall adopt rules for certifying the 6 organizations and for establishing reasonable standards and 7 procedures for determining whether the organizations seeking 8 certification provide appropriate training and supervision to 9 those persons who will have access under the statute. 10 The reports of the assessments shall be provided to the 11 Department, to the Speaker of the House of Representatives, 12 the President of the Senate, the Minority Leader of the 13 Senate, the Minority Leader of the House of Representatives, 14 and to others that the organizations may determine. Under no 15 circumstances shall certification or access be denied due to 16 a disagreement by the Department with any positions taken by 17 the organizations with regard to public policy, legislation, 18 or regulation concerning mental health services, the 19 operation of, or the quality of care provided by the 20 Department or any mental health provider. Any organization 21 suing the Department, using the visits to assist litigants, 22 failing to abide by the guidelines imposed by the Medical 23 Director of the facility, or otherwise failing to comply with 24 the requirements of the rules governing access shall have its 25 certification revoked by the Inspector General. The 26 Department shall adopt rules establishing standards and 27 procedures for internal review of any decision denying or 28 terminating access to any organization, including review by 29 the Director or his or her designee. Any organization denied 30 access under this statute by an administrative decision of 31 the Director or his or her designee may have that decision 32 reviewed under the Administrative Review Act. 33 The assessments shall be conducted by the certified 34 organizations at no charge. -4- LRB9009149MWmg 1 (Source: P.A. 86-1013.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.
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