HB5636eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB5636 EngrossedLRB100 20699 RLC 36160 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Protection and Advocacy for Persons with
5Developmental Disabilities Act is amended by changing Section 1
6as follows:
 
7    (405 ILCS 40/1)  (from Ch. 91 1/2, par. 1151)
8    Sec. 1. The Governor may designate a private not-for-profit
9corporation as the agency to administer a State plan to protect
10and advocate the rights of persons with developmental
11disabilities pursuant to the requirements of the federal
12Developmental Disabilities Assistance and Bill of Rights Act,
1342 U.S.C. 6001 to 6081, as now or hereafter amended. The
14designated agency may pursue legal, administrative, and other
15appropriate remedies to ensure the protection of the rights of
16such persons who are receiving treatment, services or
17habilitation within this State. The agency designated by the
18Governor shall be independent of any agency which provides
19treatment, services, guardianship, or habilitation to persons
20with developmental disabilities, and such agency shall not be
21administered by the Governor's Planning Council on
22Developmental Disabilities or any successor State Planning
23Council organized pursuant to federal law.

 

 

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1    The designated agency may receive and expend funds to
2protect and advocate the rights of persons with developmental
3disabilities. In order to properly exercise its powers and
4duties, such agency shall have access to developmental
5disability facilities and mental health facilities, as defined
6under Sections 1-107 and 1-114 of the Mental Health and
7Developmental Disabilities Code, and facilities as defined in
8Section 1-113 of the Nursing Home Care Act, Section 1-113 of
9the ID/DD Community Care Act, or Section 1-113 of the MC/DD
10Act, and community-integrated living arrangements as defined
11in Section 3 of the Community-Integrated Living Arrangements
12Licensure and Certification Act. Such access shall be granted
13for the purposes of meeting with residents and staff, informing
14them of services available from the agency, distributing
15written information about the agency and the rights of persons
16with developmental disabilities, conducting scheduled and
17unscheduled visits, and performing other activities designed
18to protect the rights of persons with developmental
19disabilities. The agency also shall have access, for the
20purpose of inspection and copying, to the records of a person
21with developmental disabilities who resides in any such
22facility subject to the limitations of this Act, the Mental
23Health and Developmental Disabilities Confidentiality Act, the
24Nursing Home Care Act, the ID/DD Community Care Act, and the
25MC/DD Act. The agency also shall have access, for the purpose
26of inspection and copying, to the records of a person with

 

 

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1developmental disabilities who resides in any such facility if
2(1) a complaint is received by the agency from or on behalf of
3the person with a developmental disability, and (2) such person
4does not have a legal guardian or the State or the designee of
5the State is the legal guardian of such person. The designated
6agency shall provide written notice to the person with
7developmental disabilities and the State guardian of the nature
8of the complaint based upon which the designated agency has
9gained access to the records. No record or the contents of any
10record shall be redisclosed by the designated agency unless the
11person with developmental disabilities and the State guardian
12are provided 7 days advance written notice, except in emergency
13situations, of the designated agency's intent to redisclose
14such record, during which time the person with developmental
15disabilities or the State guardian may seek to judicially
16enjoin the designated agency's redisclosure of such record on
17the grounds that such redisclosure is contrary to the interests
18of the person with developmental disabilities. Any person who
19in good faith complains to the designated agency on behalf of a
20person with developmental disabilities, or provides
21information or participates in the investigation of any such
22complaint shall have immunity from any liability, civil,
23criminal or otherwise, and shall not be subject to any
24penalties, sanctions, restrictions or retaliation as a
25consequence of making such complaint, providing such
26information or participating in such investigation.

 

 

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1    Upon request, the designated agency shall be entitled to
2inspect and copy any records or other materials which may
3further the agency's investigation of problems affecting
4numbers of persons with developmental disabilities. When
5required by law any personally identifiable information of
6persons with developmental disabilities shall be removed from
7the records. However, the designated agency may not inspect or
8copy any records or other materials when the removal of
9personally identifiable information imposes an unreasonable
10burden on mental health and developmental disabilities
11facilities pursuant to the Mental Health and Developmental
12Disabilities Code or facilities as defined in the Nursing Home
13Care Act, the ID/DD Community Care Act, or the MC/DD Act.
14    The Governor shall not redesignate the agency to administer
15the State plan to protect and advocate the rights of persons
16with developmental disabilities unless there is good cause for
17the redesignation and unless notice of the intent to make such
18redesignation is given to persons with developmental
19disabilities or their representatives, the federal Secretary
20of Health and Human Services, and the General Assembly at least
2160 days prior thereto.
22    The designated agency shall submit to the Department of
23Human Services an annual report to be made available to the
24public. The annual report shall include, but is not limited to:
25        (1) how many visits were made by the designated agency
26    to developmental disability facilities in the year

 

 

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1    preceding the report;
2        (2) which community provider agencies or
3    State-operated developmental centers were visited in the
4    year preceding the report; and
5        (3) the nature of each visit, such as meeting with
6    residents and staff of the developmental disability
7    facility, distributing written information to the
8    developmental disability facility, or whether the visit
9    was scheduled or unscheduled.
10    As used in this Act, the term "developmental disability"
11means a severe, chronic disability of a person which:
12        (A) is attributable to a mental or physical impairment
13    or combination of mental and physical impairments;
14        (B) is manifested before the person attains age 22;
15        (C) is likely to continue indefinitely;
16        (D) results in substantial functional limitations in 3
17    or more of the following areas of major life activity: (i)
18    self-care, (ii) receptive and expressive language, (iii)
19    learning, (iv) mobility, (v) self-direction, (vi) capacity
20    for independent living, and (vii) economic
21    self-sufficiency; and
22        (E) reflects the person's need for combination and
23    sequence of special, interdisciplinary or generic care,
24    treatment or other services which are of lifelong or
25    extended duration and are individually planned and
26    coordinated.

 

 

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1(Source: P.A. 99-180, eff. 7-29-15.)
 
2    Section 99. Effective date. This Act takes effect January
31, 2019.