Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3753 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-1042
2	1		SB3753 EnrolledLRB103 39458 RLC 69652 b SB3753 Enrolled LRB103 39458 RLC 69652 b
3	2		SB3753 Enrolled LRB103 39458 RLC 69652 b
4		-	AN ACT concerning health.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Mental Health and Developmental
8		-	Disabilities Administrative Act is amended by adding Section
9		-	8.1 as follows:
10		-	(20 ILCS 1705/8.1 new)
11		-	Sec. 8.1. Admission to State-operated facilities for
12		-	persons with developmental disabilities.
13		-	(a) For any individual or guardian, or both, if
14		-	applicable, seeking admission for the individual to a
15		-	State-operated facility for persons with developmental
16		-	disabilities the individual must meet the following criteria
17		-	in order to be approved for admission:
18		-	(1) the individual is at least 18 years of age;
19		-	(2) the individual and the individual's guardian, as
20		-	applicable, have received, attempted to receive, or
21		-	received education regarding community-based services and
22		-	supports;
23		-	(3) the individual meets the intermediate care
24		-	facility level of care definition; and
25		-	(4) the individual meets all clinical eligibility
26		-	requirements including having an intellectual disability
	3	+	1 AN ACT concerning health.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Mental Health and Developmental
	7	+	5 Disabilities Administrative Act is amended by adding Section
	8	+	6 8.1 as follows:
	9	+	7 (20 ILCS 1705/8.1 new)
	10	+	8 Sec. 8.1. Admission to State-operated facilities for
	11	+	9 persons with developmental disabilities.
	12	+	10 (a) For any individual or guardian, or both, if
	13	+	11 applicable, seeking admission for the individual to a
	14	+	12 State-operated facility for persons with developmental
	15	+	13 disabilities the individual must meet the following criteria
	16	+	14 in order to be approved for admission:
	17	+	15 (1) the individual is at least 18 years of age;
	18	+	16 (2) the individual and the individual's guardian, as
	19	+	17 applicable, have received, attempted to receive, or
	20	+	18 received education regarding community-based services and
	21	+	19 supports;
	22	+	20 (3) the individual meets the intermediate care
	23	+	21 facility level of care definition; and
	24	+	22 (4) the individual meets all clinical eligibility
	25	+	23 requirements including having an intellectual disability
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28	27
29	28
30	29		SB3753 Enrolled LRB103 39458 RLC 69652 b
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32	31
33		-	as defined in this Act.
34		-	(b) Upon admission to a State-operated facility for
35		-	persons with developmental disabilities, the facility shall
36		-	complete at least annual reviews of the individual's clinical
37		-	need for continued services in order to determine if these
38		-	needs are able to be met in a less restrictive setting.
39		-	Comprehensive and integrated assessments shall be used to
40		-	assist in determining the level of care and services most
41		-	appropriate to meet the individual's needs.
42		-	(c) All individuals shall have the right to know their
43		-	options for supports and shall be provided the opportunity to
44		-	learn about the full spectrum of care, including the range of
45		-	possible living environments available as provided by
46		-	entities, including, but not limited to, State-operated
47		-	facilities and case management agencies. If an individual
48		-	indicates that the individual would like to move to a less
49		-	restrictive environment, activities to explore and take steps
50		-	regarding the range of options shall be provided to the
51		-	individual and guardian, if applicable. The interdisciplinary
52		-	team shall assist the individual and guardian, if applicable,
53		-	to identify placements that are able to meet the individual's
54		-	needs, excluding when there are severe safety concerns
55		-	identified by the interdisciplinary team that cannot be easily
56		-	mitigated with interventions that are commonly used in the
57		-	community.
58		-	An individual's support plan shall include services to
	32	+	SB3753 Enrolled- 2 -LRB103 39458 RLC 69652 b SB3753 Enrolled - 2 - LRB103 39458 RLC 69652 b
	33	+	SB3753 Enrolled - 2 - LRB103 39458 RLC 69652 b
	34	+	1 as defined in this Act.
	35	+	2 (b) Upon admission to a State-operated facility for
	36	+	3 persons with developmental disabilities, the facility shall
	37	+	4 complete at least annual reviews of the individual's clinical
	38	+	5 need for continued services in order to determine if these
	39	+	6 needs are able to be met in a less restrictive setting.
	40	+	7 Comprehensive and integrated assessments shall be used to
	41	+	8 assist in determining the level of care and services most
	42	+	9 appropriate to meet the individual's needs.
	43	+	10 (c) All individuals shall have the right to know their
	44	+	11 options for supports and shall be provided the opportunity to
	45	+	12 learn about the full spectrum of care, including the range of
	46	+	13 possible living environments available as provided by
	47	+	14 entities, including, but not limited to, State-operated
	48	+	15 facilities and case management agencies. If an individual
	49	+	16 indicates that the individual would like to move to a less
	50	+	17 restrictive environment, activities to explore and take steps
	51	+	18 regarding the range of options shall be provided to the
	52	+	19 individual and guardian, if applicable. The interdisciplinary
	53	+	20 team shall assist the individual and guardian, if applicable,
	54	+	21 to identify placements that are able to meet the individual's
	55	+	22 needs, excluding when there are severe safety concerns
	56	+	23 identified by the interdisciplinary team that cannot be easily
	57	+	24 mitigated with interventions that are commonly used in the
	58	+	25 community.
	59	+	26 An individual's support plan shall include services to
59	60
60	61
61		-	address identified needs if the individual is clinically
62		-	determined to no longer meet the intermediate care facility
63		-	level of care, or be at risk of harm to the individual or
64		-	others. Thoughtful transition planning shall take place to
65		-	assist with finding a less restrictive environment of the
66		-	individual's choosing, and guardian's choosing, if applicable.
67		-	Section 10. The Mental Health and Developmental
68		-	Disabilities Code is amended by changing Section 4-302 and by
69		-	adding Article VIII to Chapter IV as follows:
70		-	(405 ILCS 5/Ch. IV Art. VIII heading new)
71		-	ARTICLE VIII. SERVICE PROVIDER SANCTIONS
72		-	(405 ILCS 5/4-302) (from Ch. 91 1/2, par. 4-302)
73		-	Sec. 4-302. A person with a developmental disability may
74		-	be administratively admitted to a facility upon application if
75		-	the facility director of the facility determines that the
76		-	person he is suitable for admission. A person 18 years of age
77		-	or older, if the person he has the capacity, or the person's
78		-	his guardian, if he is authorized by the guardianship order of
79		-	the Circuit Court, may execute an application for
80		-	administrative admission. Application may be executed for a
81		-	person under 18 years of age by the person's his parent,
82		-	guardian, or person in loco parentis pursuant to the
83		-	Intermediate Care for the Developmentally Disabled Facilities
84	62
85	63
86		-	Code authorized under the ID/DD Community Care Act.
87		-	(Source: P.A. 88-380.)
88		-	(405 ILCS 5/4-800 new)
89		-	Sec. 4-800. Provider sanctions and appeals. The Department
90		-	of Human Services Division of Developmental Disabilities may
91		-	impose progressive sanctions on providers that fail to comply
92		-	with conditions specified by rule, or contract agreement, as
93		-	determined by the Department. Sanctions include, but are not
94		-	limited to, payment suspension, loss of payment, enrollment
95		-	limitations, admission holds, removal of individuals currently
96		-	served, or other actions up to and including contract
97		-	termination, certification revocation, or licensure
98		-	revocation. In situations in which recipients of services are
99		-	placed at imminent risk of harm, steps to ensure the safety of
100		-	individuals and any provider sanctions shall be taken
101		-	expeditiously and not progressively. A service provider that
102		-	has received a sanction may appeal the sanction in writing to
103		-	the Department of Healthcare and Family Services within 30
104		-	days of receipt of the sanction. Steps to ensure the safety of
105		-	individuals may be taken regardless of a service provider
106		-	appeal. The Department shall adopt rules as necessary to
107		-	implement this Section.
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	70	+	1 address identified needs if the individual is clinically
	71	+	2 determined to no longer meet the intermediate care facility
	72	+	3 level of care, or be at risk of harm to the individual or
	73	+	4 others. Thoughtful transition planning shall take place to
	74	+	5 assist with finding a less restrictive environment of the
	75	+	6 individual's choosing, and guardian's choosing, if applicable.
	76	+	7 Section 10. The Mental Health and Developmental
	77	+	8 Disabilities Code is amended by changing Section 4-302 and by
	78	+	9 adding Article VIII to Chapter IV as follows:
	79	+	10 (405 ILCS 5/Ch. IV Art. VIII heading new)
	80	+	11 ARTICLE VIII. SERVICE PROVIDER SANCTIONS
	81	+	12 (405 ILCS 5/4-302) (from Ch. 91 1/2, par. 4-302)
	82	+	13 Sec. 4-302. A person with a developmental disability may
	83	+	14 be administratively admitted to a facility upon application if
	84	+	15 the facility director of the facility determines that the
	85	+	16 person he is suitable for admission. A person 18 years of age
	86	+	17 or older, if the person he has the capacity, or the person's
	87	+	18 his guardian, if he is authorized by the guardianship order of
	88	+	19 the Circuit Court, may execute an application for
	89	+	20 administrative admission. Application may be executed for a
	90	+	21 person under 18 years of age by the person's his parent,
	91	+	22 guardian, or person in loco parentis pursuant to the
	92	+	23 Intermediate Care for the Developmentally Disabled Facilities
	93	+
	94	+
	95	+
	96	+
	97	+
	98	+	SB3753 Enrolled - 3 - LRB103 39458 RLC 69652 b
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	101	+	SB3753 Enrolled- 4 -LRB103 39458 RLC 69652 b SB3753 Enrolled - 4 - LRB103 39458 RLC 69652 b
	102	+	SB3753 Enrolled - 4 - LRB103 39458 RLC 69652 b
	103	+	1 Code authorized under the ID/DD Community Care Act.
	104	+	2 (Source: P.A. 88-380.)
	105	+	3 (405 ILCS 5/4-800 new)
	106	+	4 Sec. 4-800. Provider sanctions and appeals. The Department
	107	+	5 of Human Services Division of Developmental Disabilities may
	108	+	6 impose progressive sanctions on providers that fail to comply
	109	+	7 with conditions specified by rule, or contract agreement, as
	110	+	8 determined by the Department. Sanctions include, but are not
	111	+	9 limited to, payment suspension, loss of payment, enrollment
	112	+	10 limitations, admission holds, removal of individuals currently
	113	+	11 served, or other actions up to and including contract
	114	+	12 termination, certification revocation, or licensure
	115	+	13 revocation. In situations in which recipients of services are
	116	+	14 placed at imminent risk of harm, steps to ensure the safety of
	117	+	15 individuals and any provider sanctions shall be taken
	118	+	16 expeditiously and not progressively. A service provider that
	119	+	17 has received a sanction may appeal the sanction in writing to
	120	+	18 the Department of Healthcare and Family Services within 30
	121	+	19 days of receipt of the sanction. Steps to ensure the safety of
	122	+	20 individuals may be taken regardless of a service provider
	123	+	21 appeal. The Department shall adopt rules as necessary to
	124	+	22 implement this Section.
	125	+	23 (405 ILCS 5/4-801 new)
	126	+	24 Sec. 4-801. Provider discharge reconsideration requests.
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	142	+	SB3753 Enrolled - 5 - LRB103 39458 RLC 69652 b