Full Text of HB0737 100th General Assembly
HB0737eng 100TH GENERAL ASSEMBLY |
| | HB0737 Engrossed | | LRB100 06693 MJP 16734 b |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Community-Integrated Living Arrangements | 5 | | Licensure and
Certification Act is amended by changing Section | 6 | | 6 as follows:
| 7 | | (210 ILCS 135/6) (from Ch. 91 1/2, par. 1706)
| 8 | | Sec. 6. (a) The Department shall deny an application for a | 9 | | license,
or revoke or refuse to renew the license of a | 10 | | community mental health or
developmental services agency, or | 11 | | refuse to issue a license to the holder
of a temporary permit, | 12 | | if the Department determines that the applicant,
agency or | 13 | | permit holder has not complied with a provision of this Act, | 14 | | the
Mental Health and Developmental Disabilities Code, or | 15 | | applicable Department
rules and regulations. Specific grounds | 16 | | for denial or revocation of a
license, or refusal to renew a | 17 | | license or to
issue a license to the holder of a temporary | 18 | | permit, shall include but not be limited to:
| 19 | | (1) Submission of false information either on | 20 | | Department licensure forms
or during an inspection;
| 21 | | (2) Refusal to allow an inspection to occur;
| 22 | | (3) Violation of this Act or rules and regulations | 23 | | promulgated under this Act;
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| 1 | | (4) Violation of the rights of a recipient;
| 2 | | (5) Failure to submit or implement a plan of correction | 3 | | within the
specified time period; or | 4 | | (6) Failure to submit a workplace violence prevention | 5 | | plan in compliance with the Health Care Workplace Violence | 6 | | Prevention Act.
| 7 | | (b) If the Department determines that the operation of a | 8 | | community mental health
or developmental services agency or one | 9 | | or more of the programs or
placements certified by the agency | 10 | | under this Act jeopardizes the health,
safety or welfare of the | 11 | | recipients served by the agency, the Department
may immediately | 12 | | revoke the agency's license and may direct the agency to
| 13 | | withdraw recipients from any such program or placement. If an | 14 | | agency's license is revoked under this subsection, then the | 15 | | Department or the Department's agents shall have unimpeded, | 16 | | immediate, and full access to the recipients served by that | 17 | | agency and the recipients' medications, records, and personal | 18 | | possessions in order to ensure a timely, safe, and smooth | 19 | | transition of those individuals from the program or placement.
| 20 | | (c) Upon revocation of an agency's license under subsection | 21 | | (b) of this Section, the agency shall continue providing for | 22 | | the health, safety, and welfare of the individuals that the | 23 | | agency was serving at the time the agency's license was revoked | 24 | | during the period of transition. The private, not-for-profit | 25 | | corporation designated by the Governor to administer the State | 26 | | plan to protect and advocate for the rights of persons with |
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| 1 | | developmental disabilities under Section 1 of the Protection | 2 | | and Advocacy for Persons with Developmental Disabilities Act, | 3 | | contingent on State funding from the Department, shall have | 4 | | unimpeded, immediate, and full access to recipients and | 5 | | recipients' guardians to inform them of the recipients' and | 6 | | recipients' guardians' rights and options during the | 7 | | revocation and transition process. | 8 | | (Source: P.A. 94-347, eff. 7-28-05.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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