IL
Illinois House Bill HB1298

Illinois 2023-2024 Regular Session

Illinois House Bill HB1298 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1298 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: 210 ILCS 135/4 from Ch. 91 1/2, par. 1704 Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Removes provisions allowing the Department of Human Services to conduct site visits to an agency licensed under the Act, or to any program or placement certified by the agency, and inspect the records or premises, or both, of such agency, program or placement as it deems appropriate, for the purpose of determining compliance with the Act, the Mental Health and Developmental Disabilities Code, and applicable Department rules and regulations. Requires the Department to establish a system of regular and ongoing on-site inspections, that shall occur at least annually, of each agency licensed under the Act or any program or placement certified by an agency licensed under the Act under the Department's jurisdiction. Provides that the inspections shall be conducted by the Department's central office to achieve specified goals. LRB103 05618 CPF 50637 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1298 Introduced , by Rep. Charles Meier 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. Removes provisions allowing the Department of Human Services to conduct site visits to an agency licensed under the Act, or to any program or placement certified by the agency, and inspect the records or premises, or both, of such agency, program or placement as it deems appropriate, for the purpose of determining compliance with the Act, the Mental Health and Developmental Disabilities Code, and applicable Department rules and regulations. Requires the Department to establish a system of regular and ongoing on-site inspections, that shall occur at least annually, of each agency licensed under the Act or any program or placement certified by an agency licensed under the Act under the Department's jurisdiction. Provides that the inspections shall be conducted by the Department's central office to achieve specified goals. LRB103 05618 CPF 50637 b LRB103 05618 CPF 50637 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1298 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
33 210 ILCS 135/4 from Ch. 91 1/2, par. 1704 210 ILCS 135/4 from Ch. 91 1/2, par. 1704
44 210 ILCS 135/4 from Ch. 91 1/2, par. 1704
55 Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Removes provisions allowing the Department of Human Services to conduct site visits to an agency licensed under the Act, or to any program or placement certified by the agency, and inspect the records or premises, or both, of such agency, program or placement as it deems appropriate, for the purpose of determining compliance with the Act, the Mental Health and Developmental Disabilities Code, and applicable Department rules and regulations. Requires the Department to establish a system of regular and ongoing on-site inspections, that shall occur at least annually, of each agency licensed under the Act or any program or placement certified by an agency licensed under the Act under the Department's jurisdiction. Provides that the inspections shall be conducted by the Department's central office to achieve specified goals.
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1111 1 AN ACT concerning regulation.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Community-Integrated Living Arrangements
1515 5 Licensure and Certification Act is amended by changing Section
1616 6 4 as follows:
1717 7 (210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
1818 8 Sec. 4. (a) Any community mental health or developmental
1919 9 services agency who wishes to develop and support a variety of
2020 10 community-integrated living arrangements may do so pursuant to
2121 11 a license issued by the Department under this Act. However,
2222 12 programs established under or otherwise subject to the Child
2323 13 Care Act of 1969, the Nursing Home Care Act, the Specialized
2424 14 Mental Health Rehabilitation Act of 2013, the ID/DD Community
2525 15 Care Act, or the MC/DD Act, as now or hereafter amended, shall
2626 16 remain subject thereto, and this Act shall not be construed to
2727 17 limit the application of those Acts.
2828 18 (b) The system of licensure established under this Act
2929 19 shall be for the purposes of:
3030 20 (1) ensuring that all recipients residing in
3131 21 community-integrated living arrangements are receiving
3232 22 appropriate community-based services, including
3333 23 treatment, training and habilitation or rehabilitation;
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1298 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
3838 210 ILCS 135/4 from Ch. 91 1/2, par. 1704 210 ILCS 135/4 from Ch. 91 1/2, par. 1704
3939 210 ILCS 135/4 from Ch. 91 1/2, par. 1704
4040 Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Removes provisions allowing the Department of Human Services to conduct site visits to an agency licensed under the Act, or to any program or placement certified by the agency, and inspect the records or premises, or both, of such agency, program or placement as it deems appropriate, for the purpose of determining compliance with the Act, the Mental Health and Developmental Disabilities Code, and applicable Department rules and regulations. Requires the Department to establish a system of regular and ongoing on-site inspections, that shall occur at least annually, of each agency licensed under the Act or any program or placement certified by an agency licensed under the Act under the Department's jurisdiction. Provides that the inspections shall be conducted by the Department's central office to achieve specified goals.
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6868 1 (2) ensuring that recipients' rights are protected and
6969 2 that all programs provided to and placements arranged for
7070 3 recipients comply with this Act, the Mental Health and
7171 4 Developmental Disabilities Code, and applicable Department
7272 5 rules and regulations;
7373 6 (3) maintaining the integrity of communities by
7474 7 requiring regular monitoring and inspection of placements
7575 8 and other services provided in community-integrated living
7676 9 arrangements.
7777 10 The licensure system shall be administered by a quality
7878 11 assurance unit within the Department which shall be
7979 12 administratively independent of units responsible for funding
8080 13 of agencies or community services.
8181 14 (c) As a condition of being licensed by the Department as a
8282 15 community mental health or developmental services agency under
8383 16 this Act, the agency shall certify to the Department that:
8484 17 (1) all recipients residing in community-integrated
8585 18 living arrangements are receiving appropriate
8686 19 community-based services, including treatment, training
8787 20 and habilitation or rehabilitation;
8888 21 (2) all programs provided to and placements arranged
8989 22 for recipients are supervised by the agency; and
9090 23 (3) all programs provided to and placements arranged
9191 24 for recipients comply with this Act, the Mental Health and
9292 25 Developmental Disabilities Code, and applicable Department
9393 26 rules and regulations.
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104104 1 (c-5) Each developmental services agency licensed under
105105 2 this Act shall submit an annual report to the Department, as a
106106 3 contractual requirement between the Department and the
107107 4 developmental services agency, certifying that all
108108 5 legislatively or administratively mandated wage increases to
109109 6 benefit workers are passed through in accordance with the
110110 7 legislative or administrative mandate. The Department shall
111111 8 determine the manner and form of the annual report.
112112 9 (d) An applicant for licensure as a community mental
113113 10 health or developmental services agency under this Act shall
114114 11 submit an application pursuant to the application process
115115 12 established by the Department by rule and shall pay an
116116 13 application fee in an amount established by the Department,
117117 14 which amount shall not be more than $200.
118118 15 (e) If an applicant meets the requirements established by
119119 16 the Department to be licensed as a community mental health or
120120 17 developmental services agency under this Act, after payment of
121121 18 the licensing fee, the Department shall issue a license valid
122122 19 for 3 years from the date thereof unless suspended or revoked
123123 20 by the Department or voluntarily surrendered by the agency.
124124 21 (f) Upon application to the Department, the Department may
125125 22 issue a temporary permit to an applicant for up to a 2-year
126126 23 period to allow the holder of such permit reasonable time to
127127 24 become eligible for a license under this Act.
128128 25 (g)(1) (Blank). The Department may conduct site visits to
129129 26 an agency licensed under this Act, or to any program or
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140140 1 placement certified by the agency, and inspect the records or
141141 2 premises, or both, of such agency, program or placement as it
142142 3 deems appropriate, for the purpose of determining compliance
143143 4 with this Act, the Mental Health and Developmental
144144 5 Disabilities Code, and applicable Department rules and
145145 6 regulations. The Department shall conduct inspections of the
146146 7 records and premises of each community-integrated living
147147 8 arrangement certified under this Act at least once every 2
148148 9 years.
149149 10 (1.5) The Department shall establish a system of regular
150150 11 and ongoing on-site inspections, that shall occur at least
151151 12 annually, of each agency licensed under this Act or any
152152 13 program or placement certified by an agency licensed under
153153 14 this Act under its jurisdiction. The inspections shall be
154154 15 conducted by the Department's central office to:
155155 16 (A) determine the compliance of an agency licensed
156156 17 under this Act or any program or placement certified by an
157157 18 agency licensed under this Act with Department policies
158158 19 and procedures;
159159 20 (B) determine the compliance of an agency licensed
160160 21 under this Act or any program or placement certified by an
161161 22 agency licensed under this Act with audit recommendations;
162162 23 (C) evaluate the compliance of an agency licensed
163163 24 under this Act or any program or placement certified by an
164164 25 agency licensed under this Act with applicable federal
165165 26 standards;
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176176 1 (D) review and follow up on complaints made by
177177 2 community mental health agencies and advocates, and on
178178 3 findings of the Human Rights Authority division of the
179179 4 Illinois Guardianship and Advocacy Commission;
180180 5 (E) review administrative and management problems
181181 6 identified by other sources; and
182182 7 (F) identify and prevent abuse and neglect.
183183 8 (2) If the Department determines that an agency licensed
184184 9 under this Act is not in compliance with this Act or the rules
185185 10 and regulations promulgated under this Act, the Department
186186 11 shall serve a notice of violation upon the licensee. Each
187187 12 notice of violation shall be prepared in writing and shall
188188 13 specify the nature of the violation, the statutory provision
189189 14 or rule alleged to have been violated, and that the licensee
190190 15 submit a plan of correction to the Department if required. The
191191 16 notice shall also inform the licensee of any other action
192192 17 which the Department might take pursuant to this Act and of the
193193 18 right to a hearing.
194194 19 (g-5) As determined by the Department, a disproportionate
195195 20 number or percentage of licensure complaints; a
196196 21 disproportionate number or percentage of substantiated cases
197197 22 of abuse, neglect, or exploitation involving an agency; an
198198 23 apparent unnatural death of an individual served by an agency;
199199 24 any egregious or life-threatening abuse or neglect within an
200200 25 agency; or any other significant event as determined by the
201201 26 Department shall initiate a review of the agency's license by
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212212 1 the Department, as well as a review of its service agreement
213213 2 for funding. The Department shall adopt rules to establish the
214214 3 process by which the determination to initiate a review shall
215215 4 be made and the timeframe to initiate a review upon the making
216216 5 of such determination.
217217 6 (h) Upon the expiration of any license issued under this
218218 7 Act, a license renewal application shall be required of and a
219219 8 license renewal fee in an amount established by the Department
220220 9 shall be charged to a community mental health or developmental
221221 10 services agency, provided that such fee shall not be more than
222222 11 $200.
223223 12 (i) A public or private agency, association, partnership,
224224 13 corporation, or organization that has had a license revoked
225225 14 under subsection (b) of Section 6 of this Act may not apply for
226226 15 or possess a license under a different name.
227227 16 (Source: P.A. 102-944, eff. 1-1-23.)
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