Illinois General Assembly - Full Text of HB0739
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Full Text of HB0739  100th General Assembly


Rep. Charles Meier

Filed: 3/10/2017





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2    AMENDMENT NO. ______. Amend House Bill 739 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
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



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



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



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



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1be made and the timeframe to initiate a review upon the making
2of such determination.
3    (h) Upon the expiration of any license issued under this
4Act, a license renewal application shall be required of and a
5license renewal fee in an amount established by the Department
6shall be charged to a community mental health or developmental
7services agency, provided that such fee shall not be more than
9    (i) A public or private agency, association, partnership,
10corporation, or organization that has had a license revoked
11under Section 6 of this Act may not apply for or possess a
12license under a different name. In addition, an owner, board
13member, executive director, or principal managing employee of
14an entity that has had a license under this Act revoked shall
15not participate in the ownership, governance, or management of
16another agency licensed under this Act for a period of 5 years
17following the revocation of the entity's license.
18(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".