Public Act 0727 104TH GENERAL ASSEMBLY

SB3434 Enrolled LRB104 18138 KTG 31577 b

Public Act 104-0727

AN ACT concerning developmental disabilities.

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

Section 5. The Mental Health and Developmental Disabilities Administrative Act is amended by changing Section 2 and by adding Section 77 as follows:

(20 ILCS 1705/2) (from Ch. 91 1/2, par. 100-2)

Sec. 2. Definitions; administrative subdivisions.

(a) For the purposes of this Act, unless the context otherwise requires:

"Community day services" or "CDS" means a Home and Community-Based Waiver day program that is certified by the Department. Community day services provide assistance with gaining, maintaining, or improving skills and functioning to individuals with developmental disabilities. Services can reinforce skills or strategies taught in other settings and may include training and supports to help prevent or slow the loss of skills. Community day services take place in a non-residential setting, separate from the individual's residential setting, whether individually owned, controlled, or otherwise. Community day services can be provided in a site certified by the Department (site-based CDS) or in community locations where members of the general community typically congregate (non-site-based CDS). CDS activities shall promote greater independence and support full access to the general community to the same degree as persons not receiving Home and Community-Based Waiver services.

"Department" means the Department of Human Services, successor to the former Department of Mental Health and Developmental Disabilities.

"Developmental disability" means "developmental disability" as defined in Section 1-106 of the Mental Health and Developmental Disabilities Code.

"Intellectual disability" means the "intellectual disability" as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code.

"Secretary" means the Secretary of Human Services.

(b) Unless the context otherwise requires:

(1) References in this Act to the programs or facilities of the Department shall be construed to refer only to those programs or facilities of the Department that pertain to mental health or developmental disabilities.

(2) References in this Act to the Department's service providers or service recipients shall be construed to refer only to providers or recipients of services that pertain to the Department's mental health and developmental disabilities functions.

(3) References in this Act to employees of the Department shall be construed to refer only to employees whose duties pertain to the Department's mental health and developmental disabilities functions.

(c) The Secretary shall establish such subdivisions of the Department as shall be desirable and shall assign to the various subdivisions the responsibilities and duties placed upon the Department by the Laws of the State of Illinois.

(d) There is established a coordinator of services to deaf and hearing impaired persons with mental disabilities. In hiring this coordinator, every consideration shall be given to qualified deaf or hearing impaired individuals.

(e) Whenever the administrative director of the subdivision for mental health services is not a board-certified psychiatrist, the Secretary shall appoint a Chief for Clinical Services who shall be a board-certified psychiatrist with both clinical and administrative experience. The Chief for Clinical Services shall be responsible for all clinical and medical decisions for mental health services.

(Source: P.A. 102-972, eff. 1-1-23.)

(20 ILCS 1705/77 new)

Sec. 77. Community day services.

(a) Community day services certification. An applicant for certification as a CDS provider under this Act shall submit an application in accordance with 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.

(1) If an applicant meets the requirements established by the Department to be certified as a CDS provider under this Act, after payment of the certification fee, the Department shall issue a certificate valid for 2 years from the date thereof unless suspended or revoked by the Department or voluntarily surrendered by the CDS provider.

(2) Upon application to the Department, the Department may issue a temporary certificate to an applicant for up to a 2-year period to allow the holder of such certificate reasonable time to become eligible for a certificate under this Act.

(3) The Department may conduct site visits to a CDS provider, program, or site certified under this Act to inspect the records or premises, or both, of such provider, program, or site 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. The Department shall conduct inspections of the records and premises of each CDS provider certified under this Act at least once every 2 years.

(4) If the Department determines that a CDS provider certified under this Act is not in compliance with this Act or the rules and regulations adopted in accordance with this Act, the Department shall serve a notice of deficiency upon the certified CDS provider. Each notice of deficiency shall be prepared in writing and shall specify the nature of the deficiency, the statutory provision or rule alleged to have been violated, and, if required, that the CDS provider submit a plan of correction to the Department. The notice shall also inform the certified CDS provider of any other action that the Department might take in accordance with this Act and the CDS provider's right to a hearing.

(5) As determined by the Department, a disproportionate number or percentage of certification complaints; a disproportionate number or percentage of substantiated cases of abuse, neglect, or exploitation involving a CDS provider; an apparent unnatural death of an individual served by a CDS provider; any egregious or life-threatening abuse or neglect caused by a CDS provider; or any other significant event as determined by the Department shall initiate a review of the CDS provider's certificate by the Department, as well as a review of its 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.

(6) Upon the expiration of a CDS provider's certificate issued under this Act, the CDS provider shall be required to submit a certification renewal application and pay a certificate renewal fee in an amount to be determined by the Department, which amount shall not be more than $200.

(7) A former CDS provider that has had a certification revoked under this Act may not apply for or possess a certificate under a different name.

(b) Registry checks for employees. The Department shall require all certified and funded CDS providers to conduct, for each employee, checks of the Health Care Worker Registry, the Illinois Sex Offender Registry, and the Provider Sanctions List maintained by the Department of Healthcare and Family Services' Office of the Inspector General. The Department shall also require certified and funded CDS agencies to conduct a Child Abuse and Neglect Tracking System (CANTS) check of the Department of Children and Family Services' State Central Register, and to initiate a criminal history background check conducted by the Illinois State Police. These required registry checks on employees must be completed at the time of hire and annually thereafter during employment. A person may not be employed if he or she is found to have disqualifying convictions or substantiated cases of abuse or neglect. At the time of the annual registry checks, if a current employee's name has been placed on a registry with disqualifying convictions or disqualifying substantiated cases of abuse or neglect, then the employee must be terminated. Disqualifying convictions or disqualifying substantiated cases of abuse or neglect are defined for the Department of Children and Family Services' State Central Register by the Department of Children and Family Services' standards for background checks in Part 385 of Title 89 of the Illinois Administrative Code. Disqualifying convictions or disqualifying substantiated cases of abuse or neglect are defined for the Health Care Worker Registry by the Health Care Worker Background Check Act and the Department's standards for abuse and neglect investigations in Section 1-17 of the Department of Human Services Act.

(1) The CANTS check must be submitted to the Department of Children and Family Services and be in the review process prior to the new employee's start date.

(2) A new employee may begin employment while the outcome of the CANTS check is pending.

(3) CANTS inquiries shall not occur more than 30 days prior to the first day of employment.

(c) CANTS or Health Care Worker Registry waiver. In collaboration with the Department of Children and Family Services, the Department of Human Services shall establish a waiver process from the prohibition of employment or termination of employment requirements in subsection (b) for any applicant or employee listed in CANTS. The waiver process for applicants and employees outlined under Section 40 of the Health Care Worker Background Check Act shall remain in effect for individuals listed on the Health Care Worker Registry.

(d) Reports. In collaboration with the Department of Children and Family Services and that Department's Office of Inspector General, as necessary, the Department of Human Services shall review intake and investigation reports.

Section 10. The Community Services Act is amended by changing Section 2 as follows:

(405 ILCS 30/2) (from Ch. 91 1/2, par. 902)

Sec. 2. Community services system. Services should be planned, developed, delivered and evaluated as part of a comprehensive and coordinated system. The Department of Human Services shall encourage the establishment of services in each area of the State which cover the services categories described below. What specific services are provided under each service category shall be based on local needs; special attention shall be given to unserved and underserved populations, including children and youth, racial and ethnic minorities, and the elderly. The service categories shall include:

(a) Prevention: services designed primarily to reduce the incidence and ameliorate the severity of developmental disabilities, mental illness, and substance use disorders as defined in the Substance Use Disorder Act;

(b) Client Assessment and Diagnosis: services designed to identify persons with developmental disabilities, mental illness, and substance use disorders; to determine the extent of the disability and the level of functioning; to ensure that the individual's need for treatment of mental disorders or substance use disorders or co-occurring substance use and mental health disorders is determined using a uniform screening, assessment, and evaluation process inclusive of criteria; for purposes of this subsection (b), a uniform screening, assessment, and evaluation process refers to a process that includes an appropriate evaluation and, as warranted, a referral; "uniform" does not mean the use of a singular instrument, tool, or process that all must utilize; information obtained through client evaluation can be used in individual treatment and habilitation plans; to assure appropriate placement and to assist in program evaluation;

(c) Case Coordination: services to provide information and assistance to persons with disabilities to ensure that they obtain needed services provided by the private and public sectors; case coordination services should be available to individuals whose functioning level or history of institutional recidivism or long-term care indicate that such assistance is required for successful community living;

(d) Crisis and Emergency: services to assist individuals and their families through crisis periods, to stabilize individuals under stress and to prevent unnecessary institutionalization;

(e) Treatment, Habilitation and Support: services designed to help individuals develop skills which promote independence and improved levels of social and vocational functioning and personal growth; and to provide non-treatment support services which are necessary for successful community living;

(f) Community Residential Alternatives to Institutional Settings: services to provide living arrangements for persons unable to live independently; the level of supervision, services provided and length of stay at community residential alternatives will vary by the type of program and the needs and functioning level of the residents; other services may be provided in a community residential alternative which promote the acquisition of independent living skills and integration with the community.

(g) Community Day Services or CDS: a Home and Community-Based Waiver day program that is certified by the Department. Community day services provide assistance with gaining, maintaining, or improving skills and functioning to individuals with developmental disabilities. Services can reinforce skills or strategies taught in other settings and may include training and supports to help prevent or slow the loss of skills. Community day services take place in a non-residential setting, separate from the individual's residential setting, whether individually owned, controlled, or otherwise. Community day services can be provided in a site certified by the Department (site-based CDS) or in community locations where members of the general community typically congregate (non-site-based CDS). CDS activities shall promote greater independence and support full access to the general community to the same degree as persons not receiving Home and Community-Based Waiver services.

(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19.)