IL
Illinois House Bill HB1032

Illinois 2023-2024 Regular Session

Illinois House Bill HB1032 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1032 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 210 ILCS 135/4 from Ch. 91 1/2, par. 1704 Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that licenses for community mental health or developmental services agencies are valid for 2 years (rather than 3 years). Provides that if a community mental health or developmental services agency receives a compliance score as the result of a survey or audit from the Department of Human Services or the Bureau of Accreditation, Licensure and Certification that is less than acceptably compliant, the agency shall implement a plan of corrections to address the violations listed in the survey or audit and may be subject to additional sanctions based on the agency's compliance score, including, but not limited to, a freeze on admissions or revocation of the agency's license. LRB103 04885 CPF 49895 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1032 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 210 ILCS 135/4 from Ch. 91 1/2, par. 1704 210 ILCS 135/4 from Ch. 91 1/2, par. 1704 Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that licenses for community mental health or developmental services agencies are valid for 2 years (rather than 3 years). Provides that if a community mental health or developmental services agency receives a compliance score as the result of a survey or audit from the Department of Human Services or the Bureau of Accreditation, Licensure and Certification that is less than acceptably compliant, the agency shall implement a plan of corrections to address the violations listed in the survey or audit and may be subject to additional sanctions based on the agency's compliance score, including, but not limited to, a freeze on admissions or revocation of the agency's license. LRB103 04885 CPF 49895 b LRB103 04885 CPF 49895 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1032 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
3+210 ILCS 135/4 from Ch. 91 1/2, par. 1704 210 ILCS 135/4 from Ch. 91 1/2, par. 1704
4+210 ILCS 135/4 from Ch. 91 1/2, par. 1704
5+Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that licenses for community mental health or developmental services agencies are valid for 2 years (rather than 3 years). Provides that if a community mental health or developmental services agency receives a compliance score as the result of a survey or audit from the Department of Human Services or the Bureau of Accreditation, Licensure and Certification that is less than acceptably compliant, the agency shall implement a plan of corrections to address the violations listed in the survey or audit and may be subject to additional sanctions based on the agency's compliance score, including, but not limited to, a freeze on admissions or revocation of the agency's license.
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311 1 AN ACT concerning regulation.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The Community-Integrated Living Arrangements
715 5 Licensure and Certification Act is amended by changing Section
816 6 4 as follows:
917 7 (210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
1018 8 (Text of Section before amendment by P.A. 102-944)
1119 9 Sec. 4. (a) Any community mental health or developmental
1220 10 services agency who wishes to develop and support a variety of
1321 11 community-integrated living arrangements may do so pursuant to
1422 12 a license issued by the Department under this Act. However,
1523 13 programs established under or otherwise subject to the Child
1624 14 Care Act of 1969, the Nursing Home Care Act, the Specialized
1725 15 Mental Health Rehabilitation Act of 2013, the ID/DD Community
1826 16 Care Act, or the MC/DD Act, as now or hereafter amended, shall
1927 17 remain subject thereto, and this Act shall not be construed to
2028 18 limit the application of those Acts.
2129 19 (b) The system of licensure established under this Act
2230 20 shall be for the purposes of:
2331 21 (1) ensuring that all recipients residing in
2432 22 community-integrated living arrangements are receiving
2533 23 appropriate community-based services, including
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37+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1032 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
38+210 ILCS 135/4 from Ch. 91 1/2, par. 1704 210 ILCS 135/4 from Ch. 91 1/2, par. 1704
39+210 ILCS 135/4 from Ch. 91 1/2, par. 1704
40+Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that licenses for community mental health or developmental services agencies are valid for 2 years (rather than 3 years). Provides that if a community mental health or developmental services agency receives a compliance score as the result of a survey or audit from the Department of Human Services or the Bureau of Accreditation, Licensure and Certification that is less than acceptably compliant, the agency shall implement a plan of corrections to address the violations listed in the survey or audit and may be subject to additional sanctions based on the agency's compliance score, including, but not limited to, a freeze on admissions or revocation of the agency's license.
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3468 1 treatment, training and habilitation or rehabilitation;
3569 2 (2) ensuring that recipients' rights are protected and
3670 3 that all programs provided to and placements arranged for
3771 4 recipients comply with this Act, the Mental Health and
3872 5 Developmental Disabilities Code, and applicable Department
3973 6 rules and regulations;
4074 7 (3) maintaining the integrity of communities by
4175 8 requiring regular monitoring and inspection of placements
4276 9 and other services provided in community-integrated living
4377 10 arrangements.
4478 11 The licensure system shall be administered by a quality
4579 12 assurance unit within the Department which shall be
4680 13 administratively independent of units responsible for funding
4781 14 of agencies or community services.
4882 15 (c) As a condition of being licensed by the Department as a
4983 16 community mental health or developmental services agency under
5084 17 this Act, the agency shall certify to the Department that:
5185 18 (1) all recipients residing in community-integrated
5286 19 living arrangements are receiving appropriate
5387 20 community-based services, including treatment, training
5488 21 and habilitation or rehabilitation;
5589 22 (2) all programs provided to and placements arranged
5690 23 for recipients are supervised by the agency; and
5791 24 (3) all programs provided to and placements arranged
5892 25 for recipients comply with this Act, the Mental Health and
5993 26 Developmental Disabilities Code, and applicable Department
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70104 1 rules and regulations.
71105 2 (d) An applicant for licensure as a community mental
72106 3 health or developmental services agency under this Act shall
73107 4 submit an application pursuant to the application process
74108 5 established by the Department by rule and shall pay an
75109 6 application fee in an amount established by the Department,
76110 7 which amount shall not be more than $200.
77111 8 (e) If an applicant meets the requirements established by
78112 9 the Department to be licensed as a community mental health or
79113 10 developmental services agency under this Act, after payment of
80114 11 the licensing fee, the Department shall issue a license valid
81115 12 for 3 years from the date thereof unless suspended or revoked
82116 13 by the Department or voluntarily surrendered by the agency.
83117 14 (f) Upon application to the Department, the Department may
84118 15 issue a temporary permit to an applicant for up to a 2-year
85119 16 period to allow the holder of such permit reasonable time to
86120 17 become eligible for a license under this Act.
87121 18 (g)(1) The Department may conduct site visits to an agency
88122 19 licensed under this Act, or to any program or placement
89123 20 certified by the agency, and inspect the records or premises,
90124 21 or both, of such agency, program or placement as it deems
91125 22 appropriate, for the purpose of determining compliance with
92126 23 this Act, the Mental Health and Developmental Disabilities
93127 24 Code, and applicable Department rules and regulations. The
94128 25 Department shall conduct inspections of the records and
95129 26 premises of each community-integrated living arrangement
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106140 1 certified under this Act at least once every 2 years.
107141 2 (2) If the Department determines that an agency licensed
108142 3 under this Act is not in compliance with this Act or the rules
109143 4 and regulations promulgated under this Act, the Department
110144 5 shall serve a notice of violation upon the licensee. Each
111145 6 notice of violation shall be prepared in writing and shall
112146 7 specify the nature of the violation, the statutory provision
113147 8 or rule alleged to have been violated, and that the licensee
114148 9 submit a plan of correction to the Department if required. The
115149 10 notice shall also inform the licensee of any other action
116150 11 which the Department might take pursuant to this Act and of the
117151 12 right to a hearing.
118152 13 (g-5) As determined by the Department, a disproportionate
119153 14 number or percentage of licensure complaints; a
120154 15 disproportionate number or percentage of substantiated cases
121155 16 of abuse, neglect, or exploitation involving an agency; an
122156 17 apparent unnatural death of an individual served by an agency;
123157 18 any egregious or life-threatening abuse or neglect within an
124158 19 agency; or any other significant event as determined by the
125159 20 Department shall initiate a review of the agency's license by
126160 21 the Department, as well as a review of its service agreement
127161 22 for funding. The Department shall adopt rules to establish the
128162 23 process by which the determination to initiate a review shall
129163 24 be made and the timeframe to initiate a review upon the making
130164 25 of such determination.
131165 26 (h) Upon the expiration of any license issued under this
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142176 1 Act, a license renewal application shall be required of and a
143177 2 license renewal fee in an amount established by the Department
144178 3 shall be charged to a community mental health or developmental
145179 4 services agency, provided that such fee shall not be more than
146180 5 $200.
147181 6 (i) A public or private agency, association, partnership,
148182 7 corporation, or organization that has had a license revoked
149183 8 under subsection (b) of Section 6 of this Act may not apply for
150184 9 or possess a license under a different name.
151185 10 (Source: P.A. 99-180, eff. 7-29-15; 100-58, eff. 8-11-17;
152186 11 100-313, eff. 8-24-17; 100-863, eff. 8-14-18.)
153187 12 (Text of Section after amendment by P.A. 102-944)
154188 13 Sec. 4. (a) Any community mental health or developmental
155189 14 services agency who wishes to develop and support a variety of
156190 15 community-integrated living arrangements may do so pursuant to
157191 16 a license issued by the Department under this Act. However,
158192 17 programs established under or otherwise subject to the Child
159193 18 Care Act of 1969, the Nursing Home Care Act, the Specialized
160194 19 Mental Health Rehabilitation Act of 2013, the ID/DD Community
161195 20 Care Act, or the MC/DD Act, as now or hereafter amended, shall
162196 21 remain subject thereto, and this Act shall not be construed to
163197 22 limit the application of those Acts.
164198 23 (b) The system of licensure established under this Act
165199 24 shall be for the purposes of:
166200 25 (1) ensuring that all recipients residing in
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177211 1 community-integrated living arrangements are receiving
178212 2 appropriate community-based services, including
179213 3 treatment, training and habilitation or rehabilitation;
180214 4 (2) ensuring that recipients' rights are protected and
181215 5 that all programs provided to and placements arranged for
182216 6 recipients comply with this Act, the Mental Health and
183217 7 Developmental Disabilities Code, and applicable Department
184218 8 rules and regulations;
185219 9 (3) maintaining the integrity of communities by
186220 10 requiring regular monitoring and inspection of placements
187221 11 and other services provided in community-integrated living
188222 12 arrangements.
189223 13 The licensure system shall be administered by a quality
190224 14 assurance unit within the Department which shall be
191225 15 administratively independent of units responsible for funding
192226 16 of agencies or community services.
193227 17 (c) As a condition of being licensed by the Department as a
194228 18 community mental health or developmental services agency under
195229 19 this Act, the agency shall certify to the Department that:
196230 20 (1) all recipients residing in community-integrated
197231 21 living arrangements are receiving appropriate
198232 22 community-based services, including treatment, training
199233 23 and habilitation or rehabilitation;
200234 24 (2) all programs provided to and placements arranged
201235 25 for recipients are supervised by the agency; and
202236 26 (3) all programs provided to and placements arranged
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213247 1 for recipients comply with this Act, the Mental Health and
214248 2 Developmental Disabilities Code, and applicable Department
215249 3 rules and regulations.
216250 4 (c-5) Each developmental services agency licensed under
217251 5 this Act shall submit an annual report to the Department, as a
218252 6 contractual requirement between the Department and the
219253 7 developmental services agency, certifying that all
220254 8 legislatively or administratively mandated wage increases to
221255 9 benefit workers are passed through in accordance with the
222256 10 legislative or administrative mandate. The Department shall
223257 11 determine the manner and form of the annual report.
224258 12 (d) An applicant for licensure as a community mental
225259 13 health or developmental services agency under this Act shall
226260 14 submit an application pursuant to the application process
227261 15 established by the Department by rule and shall pay an
228262 16 application fee in an amount established by the Department,
229263 17 which amount shall not be more than $200.
230264 18 (e) If an applicant meets the requirements established by
231265 19 the Department to be licensed as a community mental health or
232266 20 developmental services agency under this Act, after payment of
233267 21 the licensing fee, the Department shall issue a license valid
234268 22 for 2 3 years from the date thereof unless suspended or revoked
235269 23 by the Department or voluntarily surrendered by the agency.
236270 24 (f) Upon application to the Department, the Department may
237271 25 issue a temporary permit to an applicant for up to a 2-year
238272 26 period to allow the holder of such permit reasonable time to
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249283 1 become eligible for a license under this Act.
250284 2 (g)(1) The Department may conduct site visits to an agency
251285 3 licensed under this Act, or to any program or placement
252286 4 certified by the agency, and inspect the records or premises,
253287 5 or both, of such agency, program or placement as it deems
254288 6 appropriate, for the purpose of determining compliance with
255289 7 this Act, the Mental Health and Developmental Disabilities
256290 8 Code, and applicable Department rules and regulations. The
257291 9 Department shall conduct inspections of the records and
258292 10 premises of each community-integrated living arrangement
259293 11 certified under this Act at least once every 2 years.
260294 12 (2) If the Department determines that an agency licensed
261295 13 under this Act is not in compliance with this Act or the rules
262296 14 and regulations promulgated under this Act, the Department
263297 15 shall serve a notice of violation upon the licensee. Each
264298 16 notice of violation shall be prepared in writing and shall
265299 17 specify the nature of the violation, the statutory provision
266300 18 or rule alleged to have been violated, and that the licensee
267301 19 submit a plan of correction to the Department if required. The
268302 20 notice shall also inform the licensee of any other action
269303 21 which the Department might take pursuant to this Act and of the
270304 22 right to a hearing.
271305 23 (3) If an agency licensed under this Act receives a
272306 24 compliance score as the result of a survey or audit from the
273307 25 Department or the Bureau of Accreditation, Licensure and
274308 26 Certification that is less than acceptably compliant, then the
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285319 1 agency shall implement a plan of corrections to address the
286320 2 violations listed in the survey or audit and may be subject to
287321 3 additional sanctions based on the agency's compliance score,
288322 4 including, but not limited to, a freeze on admissions and
289323 5 revocation of the agency's license.
290324 6 (g-5) As determined by the Department, a disproportionate
291325 7 number or percentage of licensure complaints; a
292326 8 disproportionate number or percentage of substantiated cases
293327 9 of abuse, neglect, or exploitation involving an agency; an
294328 10 apparent unnatural death of an individual served by an agency;
295329 11 any egregious or life-threatening abuse or neglect within an
296330 12 agency; or any other significant event as determined by the
297331 13 Department shall initiate a review of the agency's license by
298332 14 the Department, as well as a review of its service agreement
299333 15 for funding. The Department shall adopt rules to establish the
300334 16 process by which the determination to initiate a review shall
301335 17 be made and the timeframe to initiate a review upon the making
302336 18 of such determination.
303337 19 (h) Upon the expiration of any license issued under this
304338 20 Act, a license renewal application shall be required of and a
305339 21 license renewal fee in an amount established by the Department
306340 22 shall be charged to a community mental health or developmental
307341 23 services agency, provided that such fee shall not be more than
308342 24 $200.
309343 25 (i) A public or private agency, association, partnership,
310344 26 corporation, or organization that has had a license revoked
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321355 1 under subsection (b) of Section 6 of this Act may not apply for
322356 2 or possess a license under a different name.
323357 3 (Source: P.A. 102-944, eff. 1-1-23.)
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