Illinois General Assembly - Full Text of HB0396
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Full Text of HB0396  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Charles Meier


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

    Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that the Department of Human Services may conduct unannounced or announced site visits. Requires the Department to establish, by rule, procedures and criteria for determining whether to conduct an unannounced site visit to an agency, program, or placement.

LRB100 05620 MJP 15634 b






HB0396LRB100 05620 MJP 15634 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    (d) An applicant for licensure as a community mental health
2or developmental services agency under this Act shall submit an
3application pursuant to the application process established by
4the Department by rule and shall pay an application fee in an
5amount established by the Department, which amount shall not be
6more than $200.
7    (e) If an applicant meets the requirements established by
8the Department to be licensed as a community mental health or
9developmental services agency under this Act, after payment of
10the licensing fee, the Department shall issue a license valid
11for 3 years from the date thereof unless suspended or revoked
12by the Department or voluntarily surrendered by the agency.
13    (f) Upon application to the Department, the Department may
14issue a temporary permit to an applicant for a 6-month period
15to allow the holder of such permit reasonable time to become
16eligible for a license under this Act.
17    (g)(1) The Department may conduct announced or unannounced
18site visits to an agency licensed under this Act, or to any
19program or placement certified by the agency, and inspect the
20records or premises, or both, of such agency, program or
21placement as it deems appropriate, for the purpose of
22determining compliance with this Act, the Mental Health and
23Developmental Disabilities Code, and applicable Department
24rules and regulations. The Department shall, by rule, establish
25procedures and criteria for determining whether to conduct an
26unannounced site visit to an agency, program, or placement.



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



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1license renewal fee in an amount established by the Department
2shall be charged to a community mental health or developmental
3services agency, provided that such fee shall not be more than
5(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)