Illinois General Assembly - Full Text of HB0737
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Full Text of HB0737  100th General Assembly


Rep. Charles Meier

Filed: 3/14/2017





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2    AMENDMENT NO. ______. Amend House Bill 737 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Community-Integrated Living Arrangements
5Licensure and Certification Act is amended by changing Section
66 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
9license, or revoke or refuse to renew the license of a
10community mental health or developmental services agency, or
11refuse to issue a license to the holder of a temporary permit,
12if the Department determines that the applicant, agency or
13permit holder has not complied with a provision of this Act,
14the Mental Health and Developmental Disabilities Code, or
15applicable Department rules and regulations. Specific grounds
16for denial or revocation of a license, or refusal to renew a



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1license or to issue a license to the holder of a temporary
2permit, shall include but not be limited to:
3        (1) Submission of false information either on
4    Department licensure forms or during an inspection;
5        (2) Refusal to allow an inspection to occur;
6        (3) Violation of this Act or rules and regulations
7    promulgated under this Act;
8        (4) Violation of the rights of a recipient;
9        (5) Failure to submit or implement a plan of correction
10    within the specified time period; or
11        (6) Failure to submit a workplace violence prevention
12    plan in compliance with the Health Care Workplace Violence
13    Prevention Act.
14    (b) If the Department determines that the operation of a
15community mental health or developmental services agency or one
16or more of the programs or placements certified by the agency
17under this Act jeopardizes the health, safety or welfare of the
18recipients served by the agency, the Department may immediately
19revoke the agency's license and may direct the agency to
20withdraw recipients from any such program or placement. If an
21agency's license is revoked under this subsection, then the
22Department or the Department's agents shall have unimpeded,
23immediate, and full access to the recipients served by that
24agency and the recipients' medications, records, and personal
25possessions in order to ensure a timely, safe, and smooth
26transition of those individuals from the program or placement.



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1    (c) Upon revocation of an agency's license under subsection
2(b) of this Section, the agency shall continue providing for
3the health, safety, and welfare of the individuals that the
4agency was serving at the time the agency's license was revoked
5during the period of transition. The private, not-for-profit
6corporation designated by the Governor to administer the State
7plan to protect and advocate for the rights of persons with
8developmental disabilities under Section 1 of the Protection
9and Advocacy for Persons with Developmental Disabilities Act,
10contingent on State funding from the Department, shall have
11unimpeded, immediate, and full access to recipients and
12recipients' guardians to inform them of the recipients' and
13recipients' guardians' rights and options during the
14revocation and transition process.
15(Source: P.A. 94-347, eff. 7-28-05.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".