Full Text of HB0653 97th General Assembly
HB0653sam002 97TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 5/20/2011
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| 1 | | AMENDMENT TO HOUSE BILL 653
| 2 | | AMENDMENT NO. ______. Amend House Bill 653, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This amendatory Act may be | 6 | | referred to as Paul's Law. | 7 | | Section 5. The Community-Integrated Living Arrangements | 8 | | Licensure and
Certification Act is amended by changing Sections | 9 | | 4 and 9 and by adding Sections 13, 14, and 15 as follows:
| 10 | | (210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
| 11 | | Sec. 4.
(a) Any community mental health or developmental | 12 | | services agency who
wishes to develop and support a variety of | 13 | | community-integrated living
arrangements may do so pursuant to | 14 | | a license issued by the Department under this Act.
However, | 15 | | programs established under or otherwise subject to the Child
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| 1 | | Care Act of 1969, the Nursing Home Care Act, or the MR/DD | 2 | | Community Care Act, as now or
hereafter amended, shall remain
| 3 | | subject thereto, and this Act shall not be construed to limit | 4 | | the
application of those Acts.
| 5 | | (b) The system of licensure established under this Act | 6 | | shall be for the purposes of:
| 7 | | (1) Insuring that all recipients residing in | 8 | | community-integrated living
arrangements are receiving | 9 | | appropriate community-based services, including
treatment, | 10 | | training and habilitation or rehabilitation;
| 11 | | (2) Insuring that recipients' rights are protected and | 12 | | that all programs
provided to and placements arranged for
| 13 | | recipients comply with this Act, the Mental Health and | 14 | | Developmental
Disabilities Code, and applicable Department | 15 | | rules and regulations;
| 16 | | (3) Maintaining the integrity of communities by | 17 | | requiring regular
monitoring and inspection of placements | 18 | | and other services provided in
community-integrated living | 19 | | arrangements.
| 20 | | The licensure system shall be administered by a quality | 21 | | assurance unit
within the Department which shall be | 22 | | administratively independent of units
responsible for funding | 23 | | of agencies or community services.
| 24 | | (c) As a condition of being licensed by the Department as a | 25 | | community
mental health or developmental services agency under | 26 | | this Act, the agency
shall certify to the Department that:
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| 1 | | (1) All recipients residing in community-integrated | 2 | | living arrangements
are receiving appropriate | 3 | | community-based services, including treatment,
training | 4 | | and habilitation or rehabilitation;
| 5 | | (2) All programs provided to and placements arranged | 6 | | for recipients are
supervised by the agency; and
| 7 | | (3) All programs provided to and placements arranged | 8 | | for recipients
comply with this Act, the Mental Health and | 9 | | Developmental Disabilities
Code, and applicable Department | 10 | | rules and regulations.
| 11 | | (d) An applicant for licensure as a community mental health | 12 | | or
developmental services agency under this Act shall submit an | 13 | | application
pursuant to the application process established by | 14 | | the Department by rule
and shall pay an application fee in an | 15 | | amount established by the
Department, which amount shall not be | 16 | | more than $200.
| 17 | | (e) If an applicant meets the requirements established by | 18 | | the Department
to be licensed as a community mental health or | 19 | | developmental services
agency under this Act, after payment of | 20 | | the licensing fee, the Department
shall issue a license valid | 21 | | for 3 years from the date thereof unless
suspended or revoked | 22 | | by the Department or voluntarily surrendered by the agency.
| 23 | | (f) Upon application to the Department, the Department may | 24 | | issue a
temporary permit to an applicant for a 6-month period | 25 | | to allow the holder
of such permit reasonable time to become | 26 | | eligible for a license under this Act.
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| 1 | | (g)(1) The Department may conduct site visits to an agency | 2 | | licensed under this
Act, or to any program or placement | 3 | | certified by the agency, and inspect
the records or premises, | 4 | | or both, of such agency, program or placement as
it deems | 5 | | appropriate, for the
purpose of determining compliance with | 6 | | this Act, the Mental Health and
Developmental Disabilities | 7 | | Code, and applicable Department rules and regulations.
| 8 | | (2) If the Department determines that an agency licensed | 9 | | under this Act
is not in compliance with this Act or the rules | 10 | | and regulations promulgated
under this Act, the Department | 11 | | shall serve a notice of violation
upon the licensee. Each | 12 | | notice of violation shall be prepared in writing
and shall | 13 | | specify the nature of the violation, the statutory provision or
| 14 | | rule alleged to have been violated, and that the licensee
| 15 | | submit a plan of correction to the Department if required. The | 16 | | notice shall also
inform the licensee of any other action which | 17 | | the Department might take
pursuant to this Act and of the right | 18 | | to a hearing.
| 19 | | (g-5) As determined by the Department, a disproportionate | 20 | | number or percentage of licensure complaints; a | 21 | | disproportionate number or percentage of substantiated cases | 22 | | of abuse, neglect, or exploitation involving an agency; an | 23 | | apparent unnatural death of an individual served by an agency; | 24 | | any egregious or life-threatening abuse or neglect within an | 25 | | agency; or any other significant event as determined by the | 26 | | Department shall initiate a review of the agency's license by |
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| 1 | | the Department, as well as a review of its service agreement | 2 | | for funding. The Department shall adopt rules to establish the | 3 | | process by which the determination to initiate a review shall | 4 | | be made and the timeframe to initiate a review upon the making | 5 | | of such determination. | 6 | | (h) Upon the expiration of any license issued under this | 7 | | Act, a license
renewal application shall be required of and a | 8 | | license renewal fee in an
amount established by the Department | 9 | | shall be
charged to a community mental health or
developmental | 10 | | services agency, provided that such fee shall not be more than | 11 | | $200.
| 12 | | (Source: P.A. 96-339, eff. 7-1-10 .)
| 13 | | (210 ILCS 135/9) (from Ch. 91 1/2, par. 1709)
| 14 | | Sec. 9.
By July 1, 1989, the Department shall adopt rules | 15 | | pursuant to
the Illinois Administrative Procedure Act to | 16 | | establish minimum standards
for licensing community-integrated | 17 | | living arrangements under this Act.
These rules shall govern | 18 | | the operation and conduct of community-integrated
living | 19 | | arrangements and shall provide for the license application
| 20 | | process; agency standards and financial requirements; | 21 | | licensing,
certification and license renewal procedures; | 22 | | revocation of licenses;
notification to recipients of their | 23 | | rights and the ability to contact the
Guardianship and Advocacy | 24 | | Commission; emergency actions which can be taken
by the | 25 | | Department to protect recipients' rights, welfare, and safety; |
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| 1 | | and
any other rules deemed necessary to implement the | 2 | | provisions of this Act.
| 3 | | By December 31, 1996, the Department shall adopt rules | 4 | | under the Illinois
Administrative Procedure Act that specify | 5 | | the components of reimbursement for
community-integrated | 6 | | living arrangements and include costs as reported on the
| 7 | | Interagency Statistical and Financial Report.
| 8 | | By December 31, 2011, the Department shall adopt rules | 9 | | under the Illinois Administrative Procedure Act that govern the | 10 | | assignment and operations of monitors and receiverships for | 11 | | community-integrated living arrangements wherein the | 12 | | Department has identified systemic risks to individuals | 13 | | served. The rules shall specify the criteria for determining | 14 | | the need for independent monitors and receivers, their conduct | 15 | | once established, and their reporting requirements to the | 16 | | Department. These monitors and receivers shall be independent | 17 | | entities appointed by the Department and not staff from State | 18 | | agencies. This paragraph does not limit, however, the | 19 | | Department's authority to take necessary action through its own | 20 | | or other State staff. | 21 | | (Source: P.A. 89-31, eff. 6-23-95.)
| 22 | | (210 ILCS 135/13 new) | 23 | | Sec. 13. Registry checks for employees. | 24 | | (a) Within 60 days after the effective date of this | 25 | | amendatory Act of the 97th General Assembly, the Department |
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| 1 | | shall require all of its community developmental services | 2 | | agencies to conduct required registry checks on employees at | 3 | | the time of hire and annually thereafter during employment. The | 4 | | required registries to be checked are the Health Care Worker | 5 | | Registry, the Department of Children and Family Services' State | 6 | | Central Register, and the Illinois Sex Offender Registry. A | 7 | | person may not be employed if he or she is found to have | 8 | | disqualifying convictions or substantiated cases of abuse or | 9 | | neglect. At the time of the annual registry checks, if a | 10 | | current employee's name has been placed on a registry with | 11 | | disqualifying convictions or disqualifying substantiated cases | 12 | | of abuse or neglect, then the employee must be terminated. | 13 | | Disqualifying convictions or disqualifying substantiated cases | 14 | | of abuse or neglect are defined for the Department of Children | 15 | | and Family Services' State Central Register by the Department | 16 | | of Children and Family Services' standards for background | 17 | | checks in Part 385 of Title 89 of the Illinois Administrative | 18 | | Code. Disqualifying convictions or disqualifying substantiated | 19 | | cases of abuse or neglect are defined for the Health Care | 20 | | Worker Registry by the Health Care Worker Background Check Act | 21 | | and the Department's standards for abuse and neglect | 22 | | investigations in Section 1-17 of the Department of Human | 23 | | Services Act. | 24 | | (b) In collaboration with the Department of Children and | 25 | | Family Services and the Department of Public Health, the | 26 | | Department of Human Services shall establish a waiver process |
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| 1 | | from the prohibition of employment or termination of employment | 2 | | requirements in subsection (a) of this Section for any | 3 | | applicant or employee listed under the Department of Children | 4 | | and Family Services' State Central Register seeking to be hired | 5 | | or maintain his or her employment with a community | 6 | | developmental services agency under this Act. The waiver | 7 | | process for applicants and employees outlined under Section 40 | 8 | | of the Health Care Worker Background Check Act shall remain in | 9 | | effect for individuals listed on the Health Care Worker | 10 | | Registry. | 11 | | (c) In order to effectively and efficiently comply with | 12 | | subsection (a), the Department of Children and Family Services | 13 | | shall take immediate actions to streamline the process for | 14 | | checking the State Central Register for employees hired by | 15 | | community developmental services agencies referenced in this | 16 | | Act. These actions may include establishing a website for | 17 | | registry checks or establishing a registry check process | 18 | | similar to the Health Care Worker Registry. | 19 | | (210 ILCS 135/14 new) | 20 | | Sec. 14. Transparency for individuals and guardians. By | 21 | | October 1, 2011, the Department shall make available to | 22 | | individuals and guardians upon enrollment a document listing | 23 | | telephone numbers and other contact information to report | 24 | | suspected cases of abuse, neglect, or exploitation. The | 25 | | information provided shall include a delineation of the |
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| 1 | | individuals' rights. By July 1, 2012, the Department shall make | 2 | | available through its website information on each agency | 3 | | regarding licensure and quality assurance survey results; | 4 | | licensure and contract status; and substantiated findings of | 5 | | abuse, egregious neglect, and exploitation. The Department | 6 | | shall adopt rules regarding the posting of this information and | 7 | | shall inform individuals and guardians of its availability | 8 | | during the initial provider selection process. | 9 | | (210 ILCS 135/15 new) | 10 | | Sec. 15. Designation of representative. Any adult resident | 11 | | of a community-integrated living arrangement who does not have | 12 | | a legal guardian and has not been adjudicated incompetent may | 13 | | designate another adult of his or her choice to serve as the | 14 | | representative of the resident for the sole purpose of | 15 | | receiving notification from the agency or from the Department | 16 | | concerning any incident or condition regarding the health, | 17 | | safety, or well-being of the resident. The designation shall be | 18 | | made in writing and signed by the resident, the designated | 19 | | representative, and a representative of the agency. The agency | 20 | | shall inform the resident of his or her right to designate | 21 | | another adult as a representative for such purposes. The | 22 | | designation may be revoked in writing by the resident at any | 23 | | time. The agency shall provide a designation of representative | 24 | | form that is substantially the same as the following: |
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| 1 | | "DESIGNATION OF REPRESENTATIVE | 2 | | I, (insert name), am....... years old and reside at........ | 3 | | I have not been adjudicated incompetent and do not have a legal | 4 | | guardian. | 5 | | I hereby delegate (insert name, phone number, and e-mail | 6 | | address of designated representative), an adult who resides | 7 | | at.........., as my representative for the sole purpose of | 8 | | receiving notification of any incident that may affect my | 9 | | health, safety or well-being while a resident at.........., and | 10 | | hereby give my consent to (insert name of agency) to | 11 | | communicate with (insert name of designated representative) | 12 | | about any such incident. | 13 | | I understand that I may revoke this Designation of | 14 | | Representative at any time by notifying (insert name of agency) | 15 | | in writing that I wish to do so. | 16 | | I also understand that by executing this document I am waiving | 17 | | my right to confidentiality, but only to the extent of the | 18 | | authority conveyed in this document. | 19 | | (Insert Name of Resident) |
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| 1 | | ..................... | 2 | | Signature of Resident | 3 | | (Insert Name of Representative) | 4 | | ........................... | 5 | | Signature of Representative | 6 | | (Insert Name of Agency Representative) | 7 | | ........................... | 8 | | Signature of Representative".
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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