Illinois General Assembly - Full Text of SB3753
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Full Text of SB3753  103rd General Assembly

SB3753enr 103RD GENERAL ASSEMBLY

 


 
SB3753 EnrolledLRB103 39458 RLC 69652 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 Mental Health and Developmental
5Disabilities Administrative Act is amended by adding Section
68.1 as follows:
 
7    (20 ILCS 1705/8.1 new)
8    Sec. 8.1. Admission to State-operated facilities for
9persons with developmental disabilities.
10    (a) For any individual or guardian, or both, if
11applicable, seeking admission for the individual to a
12State-operated facility for persons with developmental
13disabilities the individual must meet the following criteria
14in order to be approved for admission:
15        (1) the individual is at least 18 years of age;
16        (2) the individual and the individual's guardian, as
17    applicable, have received, attempted to receive, or
18    received education regarding community-based services and
19    supports;
20        (3) the individual meets the intermediate care
21    facility level of care definition; and
22        (4) the individual meets all clinical eligibility
23    requirements including having an intellectual disability

 

 

SB3753 Enrolled- 2 -LRB103 39458 RLC 69652 b

1    as defined in this Act.
2    (b) Upon admission to a State-operated facility for
3persons with developmental disabilities, the facility shall
4complete at least annual reviews of the individual's clinical
5need for continued services in order to determine if these
6needs are able to be met in a less restrictive setting.
7Comprehensive and integrated assessments shall be used to
8assist in determining the level of care and services most
9appropriate to meet the individual's needs.
10    (c) All individuals shall have the right to know their
11options for supports and shall be provided the opportunity to
12learn about the full spectrum of care, including the range of
13possible living environments available as provided by
14entities, including, but not limited to, State-operated
15facilities and case management agencies. If an individual
16indicates that the individual would like to move to a less
17restrictive environment, activities to explore and take steps
18regarding the range of options shall be provided to the
19individual and guardian, if applicable. The interdisciplinary
20team shall assist the individual and guardian, if applicable,
21to identify placements that are able to meet the individual's
22needs, excluding when there are severe safety concerns
23identified by the interdisciplinary team that cannot be easily
24mitigated with interventions that are commonly used in the
25community.
26    An individual's support plan shall include services to

 

 

SB3753 Enrolled- 3 -LRB103 39458 RLC 69652 b

1address identified needs if the individual is clinically
2determined to no longer meet the intermediate care facility
3level of care, or be at risk of harm to the individual or
4others. Thoughtful transition planning shall take place to
5assist with finding a less restrictive environment of the
6individual's choosing, and guardian's choosing, if applicable.
 
7    Section 10. The Mental Health and Developmental
8Disabilities Code is amended by changing Section 4-302 and by
9adding Article VIII to Chapter IV as follows:
 
10    (405 ILCS 5/Ch. IV Art. VIII heading new)
11
ARTICLE VIII. SERVICE PROVIDER SANCTIONS

 
12    (405 ILCS 5/4-302)  (from Ch. 91 1/2, par. 4-302)
13    Sec. 4-302. A person with a developmental disability may
14be administratively admitted to a facility upon application if
15the facility director of the facility determines that the
16person he is suitable for admission. A person 18 years of age
17or older, if the person he has the capacity, or the person's
18his guardian, if he is authorized by the guardianship order of
19the Circuit Court, may execute an application for
20administrative admission. Application may be executed for a
21person under 18 years of age by the person's his parent,
22guardian, or person in loco parentis pursuant to the
23Intermediate Care for the Developmentally Disabled Facilities

 

 

SB3753 Enrolled- 4 -LRB103 39458 RLC 69652 b

1Code authorized under the ID/DD Community Care Act.
2(Source: P.A. 88-380.)
 
3    (405 ILCS 5/4-800 new)
4    Sec. 4-800. Provider sanctions and appeals. The Department
5of Human Services Division of Developmental Disabilities may
6impose progressive sanctions on providers that fail to comply
7with conditions specified by rule, or contract agreement, as
8determined by the Department. Sanctions include, but are not
9limited to, payment suspension, loss of payment, enrollment
10limitations, admission holds, removal of individuals currently
11served, or other actions up to and including contract
12termination, certification revocation, or licensure
13revocation. In situations in which recipients of services are
14placed at imminent risk of harm, steps to ensure the safety of
15individuals and any provider sanctions shall be taken
16expeditiously and not progressively. A service provider that
17has received a sanction may appeal the sanction in writing to
18the Department of Healthcare and Family Services within 30
19days of receipt of the sanction. Steps to ensure the safety of
20individuals may be taken regardless of a service provider
21appeal. The Department shall adopt rules as necessary to
22implement this Section.
 
23    (405 ILCS 5/4-801 new)
24    Sec. 4-801. Provider discharge reconsideration requests.

 

 

SB3753 Enrolled- 5 -LRB103 39458 RLC 69652 b

1After an informal review of a discharge by the Department of
2Human Services Division of Developmental Disabilities, a
3provider may request a reconsideration of the decision, to the
4Department of Human Services Division of Developmental
5Disabilities. The reconsideration request must be received
6within 10 working days after the provider receives the written
7notification, following the informal review decision from the
8Department of Human Services Division of Developmental
9Disabilities. The Department of Human Services shall adopt
10rules as necessary to implement this Section.