Illinois General Assembly - Full Text of HB2710
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Full Text of HB2710  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Elaine Nekritz


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

    Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that as a condition of being licensed by the Department of Human Services as a community mental health or developmental services agency under the Act, the agency shall certify to the Department that all recipients are afforded specified procedural safeguards and due process rights as provided by applicable Department rules. Effective immediately.

LRB100 09173 MJP 19328 b





HB2710LRB100 09173 MJP 19328 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 Section
64 as follows:
7    (210 ILCS 135/4)  (from Ch. 91 1/2, par. 1704)
8    Sec. 4. (a) Any community mental health or developmental
9services agency who wishes to develop and support a variety of
10community-integrated living arrangements may do so pursuant to
11a license issued by the Department under this Act. However,
12programs established under or otherwise subject to the Child
13Care Act of 1969, the Nursing Home Care Act, the Specialized
14Mental Health Rehabilitation Act of 2013, the ID/DD Community
15Care Act, or the MC/DD Act, as now or hereafter amended, shall
16remain subject thereto, and this Act shall not be construed to
17limit the application of those Acts.
18    (b) The system of licensure established under this Act
19shall be for the purposes of:
20        (1) Insuring that all recipients residing in
21    community-integrated living arrangements are receiving
22    appropriate community-based services, including treatment,
23    training and habilitation or rehabilitation;



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1        (2) Insuring that recipients' rights are protected and
2    that all programs provided to and placements arranged for
3    recipients comply with this Act, the Mental Health and
4    Developmental Disabilities Code, and applicable Department
5    rules and regulations;
6        (3) Maintaining the integrity of communities by
7    requiring regular monitoring and inspection of placements
8    and other services provided in community-integrated living
9    arrangements.
10    The licensure system shall be administered by a quality
11assurance unit within the Department which shall be
12administratively independent of units responsible for funding
13of agencies or community services.
14    (c) As a condition of being licensed by the Department as a
15community mental health or developmental services agency under
16this Act, the agency shall certify to the Department that:
17        (1) All recipients residing in community-integrated
18    living arrangements are receiving appropriate
19    community-based services, including treatment, training
20    and habilitation or rehabilitation;
21        (2) All programs provided to and placements arranged
22    for recipients are supervised by the agency; and
23        (3) All programs provided to and placements arranged
24    for recipients comply with this Act, the Mental Health and
25    Developmental Disabilities Code, and applicable Department
26    rules and regulations.



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1        (4) All recipients are afforded procedural safeguards
2    and due process rights as provided by applicable Department
3    rules, including, but not limited to: (i) the right to
4    remain in a community-integrated living arrangement unless
5    the recipient voluntary withdraws or the Department
6    approves the termination of services in accordance with
7    criteria provided in applicable Department rules; (ii) the
8    right not to have services terminated due to absence except
9    as provided in applicable Department rules; (iii) the right
10    to confidentiality in accordance with applicable laws and
11    rules; (iv) the right to be free from abuse and neglect;
12    (v) the right to purchase and use the services of private
13    physicians and other mental health and developmental
14    disabilities professionals of their choice; (vi) the right
15    to contact the Department's Office of Inspector General,
16    the Department, the Guardianship and Advocacy Commission,
17    and the State's Protection and Advocacy organization and to
18    be provided contact information and assistance in
19    contacting these agencies; (vi) the right to present
20    grievances and to appeal adverse decisions of the agency
21    and other service providers up to and including the
22    authorized agency representative, and to seek review of the
23    decision of the authorized agency representative under the
24    Administrative Review Law; and (vii) the right not to be
25    denied, suspended, or terminated from services or to have
26    services reduced for exercising any of their rights under



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1    this Section, other applicable laws, and applicable
2    Department rules.
3    (d) An applicant for licensure as a community mental health
4or developmental services agency under this Act shall submit an
5application pursuant to the application process established by
6the Department by rule and shall pay an application fee in an
7amount established by the Department, which amount shall not be
8more than $200.
9    (e) If an applicant meets the requirements established by
10the Department to be licensed as a community mental health or
11developmental services agency under this Act, after payment of
12the licensing fee, the Department shall issue a license valid
13for 3 years from the date thereof unless suspended or revoked
14by the Department or voluntarily surrendered by the agency.
15    (f) Upon application to the Department, the Department may
16issue a temporary permit to an applicant for a 6-month period
17to allow the holder of such permit reasonable time to become
18eligible for a license under this Act.
19    (g)(1) The Department may conduct site visits to an agency
20licensed under this Act, or to any program or placement
21certified by the agency, and inspect the records or premises,
22or both, of such agency, program or placement as it deems
23appropriate, for the purpose of determining compliance with
24this Act, the Mental Health and Developmental Disabilities
25Code, and applicable Department rules and regulations.
26    (2) If the Department determines that an agency licensed



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1under this Act is not in compliance with this Act or the rules
2and regulations promulgated under this Act, the Department
3shall serve a notice of violation upon the licensee. Each
4notice of violation shall be prepared in writing and shall
5specify the nature of the violation, the statutory provision or
6rule alleged to have been violated, and that the licensee
7submit a plan of correction to the Department if required. The
8notice shall also inform the licensee of any other action which
9the Department might take pursuant to this Act and of the right
10to a hearing.
11    (g-5) As determined by the Department, a disproportionate
12number or percentage of licensure complaints; a
13disproportionate number or percentage of substantiated cases
14of abuse, neglect, or exploitation involving an agency; an
15apparent unnatural death of an individual served by an agency;
16any egregious or life-threatening abuse or neglect within an
17agency; or any other significant event as determined by the
18Department shall initiate a review of the agency's license by
19the Department, as well as a review of its service agreement
20for funding. The Department shall adopt rules to establish the
21process by which the determination to initiate a review shall
22be made and the timeframe to initiate a review upon the making
23of such determination.
24    (h) Upon the expiration of any license issued under this
25Act, a license renewal application shall be required of and a
26license renewal fee in an amount established by the Department



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1shall be charged to a community mental health or developmental
2services agency, provided that such fee shall not be more than
4(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.