HB4647 EnrolledLRB102 24753 CPF 33993 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The ID/DD Community Care Act is amended by
5changing Section 3-213 as follows:
6    (210 ILCS 47/3-213)
7    Sec. 3-213. Periodic reports to Department.
8    (a) The Department shall require periodic reports and
9shall have access to and may reproduce or photocopy at its cost
10any books, records, and other documents maintained by the
11facility to the extent necessary to carry out this Act and the
12rules promulgated under this Act. The Department shall not
13divulge or disclose the contents of a record under this
14Section in violation of Section 2-206 or as otherwise
15prohibited by this Act.
16    (b) The Department shall require a licensee to submit an
17annual report to the Department certifying that all
18legislatively or administratively mandated wage increases to
19benefit workers are passed through in accordance with the
20legislative or administrative mandate. Failure to report the
21information required under this Section shall result in
22appropriate enforcement action by the Department. The
23Department shall determine the manner and form of the annual



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2(Source: P.A. 96-339, eff. 7-1-10.)
3    Section 10. The Community-Integrated Living Arrangements
4Licensure and Certification Act is amended by changing Section
54 as follows:
6    (210 ILCS 135/4)  (from Ch. 91 1/2, par. 1704)
7    Sec. 4. (a) Any community mental health or developmental
8services agency who wishes to develop and support a variety of
9community-integrated living arrangements may do so pursuant to
10a license issued by the Department under this Act. However,
11programs established under or otherwise subject to the Child
12Care Act of 1969, the Nursing Home Care Act, the Specialized
13Mental Health Rehabilitation Act of 2013, the ID/DD Community
14Care Act, or the MC/DD Act, as now or hereafter amended, shall
15remain subject thereto, and this Act shall not be construed to
16limit the application of those Acts.
17    (b) The system of licensure established under this Act
18shall be for the purposes of:
19        (1) ensuring that all recipients residing in
20    community-integrated living arrangements are receiving
21    appropriate community-based services, including
22    treatment, training and habilitation or rehabilitation;
23        (2) ensuring that recipients' rights are protected and
24    that all programs provided to and placements arranged for



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



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1contractual requirement between the Department and the
2developmental services agency, certifying that all
3legislatively or administratively mandated wage increases to
4benefit workers are passed through in accordance with the
5legislative or administrative mandate. The Department shall
6determine the manner and form of the annual report.
7    (d) An applicant for licensure as a community mental
8health or developmental services agency under this Act shall
9submit an application pursuant to the application process
10established by the Department by rule and shall pay an
11application fee in an amount established by the Department,
12which amount shall not be more than $200.
13    (e) If an applicant meets the requirements established by
14the Department to be licensed as a community mental health or
15developmental services agency under this Act, after payment of
16the licensing fee, the Department shall issue a license valid
17for 3 years from the date thereof unless suspended or revoked
18by the Department or voluntarily surrendered by the agency.
19    (f) Upon application to the Department, the Department may
20issue a temporary permit to an applicant for up to a 2-year
21period to allow the holder of such permit reasonable time to
22become eligible for a license under this Act.
23    (g)(1) The Department may conduct site visits to an agency
24licensed under this Act, or to any program or placement
25certified by the agency, and inspect the records or premises,
26or both, of such agency, program or placement as it deems



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



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1for funding. The Department shall adopt rules to establish the
2process by which the determination to initiate a review shall
3be made and the timeframe to initiate a review upon the making
4of such determination.
5    (h) Upon the expiration of any license issued under this
6Act, a license renewal application shall be required of and a
7license renewal fee in an amount established by the Department
8shall be charged to a community mental health or developmental
9services agency, provided that such fee shall not be more than
11    (i) A public or private agency, association, partnership,
12corporation, or organization that has had a license revoked
13under subsection (b) of Section 6 of this Act may not apply for
14or possess a license under a different name.
15(Source: P.A. 99-180, eff. 7-29-15; 100-58, eff. 8-11-17;
16100-313, eff. 8-24-17; 100-863, eff. 8-14-18.)