99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3451

 

Introduced , by Rep. Charles E. Meier

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 135/3  from Ch. 91 1/2, par. 1703
210 ILCS 135/4  from Ch. 91 1/2, par. 1704
210 ILCS 135/5  from Ch. 91 1/2, par. 1705

    Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that the Department of Public Health (instead of the Department of Human Services) shall be responsible for licensure, investigations, and oversight of Community Integrated Living Arrangements. Authorizes rulemaking for the Department of Public Health (instead of the Department of Human Services). Provides that a license to operate a Community Integrated Living Arrangement shall expire one year (instead of 3 years) after issuance. Requires the Department of Public Health to conduct unannounced site visits to agencies licensed under the Act and to inspect the records of those agencies. Provides that if the Department of Public Health receives a complaint, then the Department shall conduct an unannounced site visit and an investigation (instead of may conduct an investigation). Effective immediately.


LRB099 05654 RPS 25694 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3451LRB099 05654 RPS 25694 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Community-Integrated Living Arrangements
5Licensure and Certification Act is amended by changing Sections
63, 4, and 5 as follows:
 
7    (210 ILCS 135/3)  (from Ch. 91 1/2, par. 1703)
8    Sec. 3. As used in this Act, unless the context requires
9otherwise:
10    (a) "Applicant" means a person, group of persons,
11association, partnership or corporation that applies for a
12license as a community mental health or developmental services
13agency under this Act.
14    (b) "Community mental health or developmental services
15agency" or "agency" means a public or private agency,
16association, partnership, corporation or organization which,
17pursuant to this Act, certifies community-integrated living
18arrangements for persons with mental illness or persons with a
19developmental disability.
20    (c) "Department" means the Department of Public Health
21Human Services (as successor to the Department of Mental Health
22and Developmental Disabilities).
23    (d) "Community-integrated living arrangement" means a

 

 

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1living arrangement certified by a community mental health or
2developmental services agency under this Act where 8 or fewer
3recipients with mental illness or recipients with a
4developmental disability who reside under the supervision of
5the agency. Examples of community integrated living
6arrangements include but are not limited to the following:
7        (1) "Adult foster care", a living arrangement for
8    recipients in residences of families unrelated to them, for
9    the purpose of providing family care for the recipients on
10    a full-time basis;
11        (2) "Assisted residential care", an independent living
12    arrangement where recipients are intermittently supervised
13    by off-site staff;
14        (3) "Crisis residential care", a non-medical living
15    arrangement where recipients in need of non-medical,
16    crisis services are supervised by on-site staff 24 hours a
17    day;
18        (4) "Home individual programs", living arrangements
19    for 2 unrelated adults outside the family home;
20        (5) "Supported residential care", a living arrangement
21    where recipients are supervised by on-site staff and such
22    supervision is provided less than 24 hours a day;
23        (6) "Community residential alternatives", as defined
24    in the Community Residential Alternatives Licensing Act;
25    and
26        (7) "Special needs trust-supported residential care",

 

 

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1    a living arrangement where recipients are supervised by
2    on-site staff and that supervision is provided 24 hours per
3    day or less, as dictated by the needs of the recipients,
4    and determined by service providers. As used in this item
5    (7), "special needs trust" means a trust for the benefit of
6    a disabled beneficiary as described in Section 15.1 of the
7    Trusts and Trustees Act.
8    (e) "Recipient" means a person who has received, is
9receiving, or is in need of treatment or habilitation as those
10terms are defined in the Mental Health and Developmental
11Disabilities Code.
12    (f) "Unrelated" means that persons residing together in
13programs or placements certified by a community mental health
14or developmental services agency under this Act do not have any
15of the following relationships by blood, marriage or adoption:
16parent, son, daughter, brother, sister, grandparent, uncle,
17aunt, nephew, niece, great grandparent, great uncle, great
18aunt, stepbrother, stepsister, stepson, stepdaughter,
19stepparent or first cousin.
20(Source: P.A. 93-274, eff. 1-1-04.)
 
21    (210 ILCS 135/4)  (from Ch. 91 1/2, par. 1704)
22    Sec. 4. (a) Any community mental health or developmental
23services agency who wishes to develop and support a variety of
24community-integrated living arrangements may do so pursuant to
25a license issued by the Department under this Act. However,

 

 

HB3451- 4 -LRB099 05654 RPS 25694 b

1programs established under or otherwise subject to the Child
2Care Act of 1969, the Nursing Home Care Act, the Specialized
3Mental Health Rehabilitation Act of 2013, or the ID/DD
4Community Care Act, as now or hereafter amended, shall remain
5subject thereto, and this Act shall not be construed to limit
6the application of those Acts.
7    (b) The system of licensure established under this Act
8shall be for the purposes of:
9        (1) Insuring that all recipients residing in
10    community-integrated living arrangements are receiving
11    appropriate community-based services, including treatment,
12    training and habilitation or rehabilitation;
13        (2) Insuring that recipients' rights are protected and
14    that all programs provided to and placements arranged for
15    recipients comply with this Act, the Mental Health and
16    Developmental Disabilities Code, and applicable Department
17    rules and regulations;
18        (3) Maintaining the integrity of communities by
19    requiring regular monitoring and inspection of placements
20    and other services provided in community-integrated living
21    arrangements.
22    The licensure system shall be administered by a quality
23assurance unit within the Department which shall be
24administratively independent of units responsible for funding
25of agencies or community services.
26    (c) As a condition of being licensed by the Department as a

 

 

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

 

 

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

 

 

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1any egregious or life-threatening abuse or neglect within an
2agency; or any other significant event as determined by the
3Department shall initiate a review of the agency's license by
4the Department, as well as a review of its service agreement
5for funding. The Department shall adopt rules to establish the
6process by which the determination to initiate a review shall
7be made and the timeframe to initiate a review upon the making
8of such determination.
9    (h) Upon the expiration of any license issued under this
10Act, a license renewal application shall be required of and a
11license renewal fee in an amount established by the Department
12shall be charged to a community mental health or developmental
13services agency, provided that such fee shall not be more than
14$200.
15(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-441,
16eff. 8-19-11; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13.)
 
17    (210 ILCS 135/5)  (from Ch. 91 1/2, par. 1705)
18    Sec. 5. (a) The Department shall may conduct an unannounced
19site visit and an investigation upon receipt of a complaint to
20insure that the agency is in compliance with this Act. If,
21based upon the results of its investigation, the Department
22determines that the agency is not in compliance with this Act,
23it shall serve a notice of violation upon the agency as set
24forth in paragraph (2) of subsection (g) of Section 4 above.
25Upon request by a complainant, the Department shall notify the

 

 

HB3451- 8 -LRB099 05654 RPS 25694 b

1complainant of the results of any investigation of a complaint.
2    (b) The complaint, a copy of the complaint, or a record
3published, released or otherwise disclosed to the agency shall
4not disclose the name of the complainant unless the complainant
5consents in writing to the disclosure or the investigation
6results in a judicial proceeding, or unless disclosure is
7essential to the investigation.
8    (c) An agency licensed under this Act or its agents shall
9not transfer, harass, dismiss, or retaliate against a recipient
10who is the subject of a complaint under this Act.
11(Source: P.A. 85-1250.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.