104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0055 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, ongoing, and unannounced 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. LRB104 03875 BAB 13899 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0055 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, ongoing, and unannounced 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. LRB104 03875 BAB 13899 b LRB104 03875 BAB 13899 b A BILL FOR
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0055 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
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, ongoing, and unannounced 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.
LRB104 03875 BAB 13899 b LRB104 03875 BAB 13899 b
LRB104 03875 BAB 13899 b
A BILL FOR
HB0055LRB104 03875 BAB 13899 b HB0055 LRB104 03875 BAB 13899 b
HB0055 LRB104 03875 BAB 13899 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Community-Integrated Living Arrangements
5 Licensure and Certification Act is amended by changing Section
6 4 as follows:
7 (210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
8 Sec. 4. (a) Any community mental health or developmental
9 services agency who wishes to develop and support a variety of
10 community-integrated living arrangements may do so pursuant to
11 a license issued by the Department under this Act. However,
12 programs established under or otherwise subject to the Child
13 Care Act of 1969, the Nursing Home Care Act, the Specialized
14 Mental Health Rehabilitation Act of 2013, the ID/DD Community
15 Care Act, or the MC/DD Act, as now or hereafter amended, shall
16 remain subject thereto, and this Act shall not be construed to
17 limit the application of those Acts.
18 (b) The system of licensure established under this Act
19 shall be for the purposes of:
20 (1) ensuring that all recipients residing in
21 community-integrated living arrangements are receiving
22 appropriate community-based services, including
23 treatment, training and habilitation or rehabilitation;
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0055 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
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, ongoing, and unannounced 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.
LRB104 03875 BAB 13899 b LRB104 03875 BAB 13899 b
LRB104 03875 BAB 13899 b
A BILL FOR
210 ILCS 135/4 from Ch. 91 1/2, par. 1704
LRB104 03875 BAB 13899 b
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1 (2) ensuring that recipients' rights are protected and
2 that all programs provided to and placements arranged for
3 recipients comply with this Act, the Mental Health and
4 Developmental Disabilities Code, and applicable Department
5 rules and regulations;
6 (3) maintaining the integrity of communities by
7 requiring regular monitoring and inspection of placements
8 and other services provided in community-integrated living
9 arrangements.
10 The licensure system shall be administered by a quality
11 assurance unit within the Department which shall be
12 administratively independent of units responsible for funding
13 of agencies or community services.
14 (c) As a condition of being licensed by the Department as a
15 community mental health or developmental services agency under
16 this Act, the agency shall certify to the Department that:
17 (1) all recipients residing in community-integrated
18 living arrangements are receiving appropriate
19 community-based services, including treatment, training
20 and habilitation or rehabilitation;
21 (2) all programs provided to and placements arranged
22 for recipients are supervised by the agency; and
23 (3) all programs provided to and placements arranged
24 for recipients comply with this Act, the Mental Health and
25 Developmental Disabilities Code, and applicable Department
26 rules and regulations.
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1 (c-5) Each developmental services agency licensed under
2 this Act shall submit an annual report to the Department, as a
3 contractual requirement between the Department and the
4 developmental services agency, certifying that all
5 legislatively or administratively mandated wage increases to
6 benefit workers are passed through in accordance with the
7 legislative or administrative mandate. The Department shall
8 determine the manner and form of the annual report.
9 (d) An applicant for licensure as a community mental
10 health or developmental services agency under this Act shall
11 submit an application pursuant to the application process
12 established by the Department by rule and shall pay an
13 application fee in an amount established by the Department,
14 which amount shall not be more than $200.
15 (e) If an applicant meets the requirements established by
16 the Department to be licensed as a community mental health or
17 developmental services agency under this Act, after payment of
18 the licensing fee, the Department shall issue a license valid
19 for 3 years from the date thereof unless suspended or revoked
20 by the Department or voluntarily surrendered by the agency.
21 (f) Upon application to the Department, the Department may
22 issue a temporary permit to an applicant for up to a 2-year
23 period to allow the holder of such permit reasonable time to
24 become eligible for a license under this Act.
25 (g)(1) (Blank). The Department may conduct site visits to
26 an agency licensed under this Act, or to any program or
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1 placement certified by the agency, and inspect the records or
2 premises, or both, of such agency, program or placement as it
3 deems appropriate, for the purpose of determining compliance
4 with this Act, the Mental Health and Developmental
5 Disabilities Code, and applicable Department rules and
6 regulations. The Department shall conduct inspections of the
7 records and premises of each community-integrated living
8 arrangement certified under this Act at least once every 2
9 years.
10 (1.5) The Department shall establish a system of regular,
11 ongoing, and unannounced on-site inspections, that shall occur
12 at least annually, of each agency licensed under this Act or
13 any program or placement certified by an agency licensed under
14 this Act under its jurisdiction. The inspections shall be
15 conducted by the Department's central office to:
16 (A) determine the compliance of an agency licensed
17 under this Act or any program or placement certified by an
18 agency licensed under this Act with Department policies
19 and procedures;
20 (B) determine the compliance of an agency licensed
21 under this Act or any program or placement certified by an
22 agency licensed under this Act with audit recommendations;
23 (C) evaluate the compliance of an agency licensed
24 under this Act or any program or placement certified by an
25 agency licensed under this Act with applicable federal
26 standards;
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1 (D) review and follow up on complaints made by
2 community mental health agencies and advocates, and on
3 findings of the Human Rights Authority division of the
4 Illinois Guardianship and Advocacy Commission;
5 (E) review administrative and management problems
6 identified by other sources; and
7 (F) identify and prevent abuse and neglect.
8 (2) If the Department determines that an agency licensed
9 under this Act is not in compliance with this Act or the rules
10 and regulations promulgated under this Act, the Department
11 shall serve a notice of violation upon the licensee. Each
12 notice of violation shall be prepared in writing and shall
13 specify the nature of the violation, the statutory provision
14 or rule alleged to have been violated, and that the licensee
15 submit a plan of correction to the Department if required. The
16 notice shall also inform the licensee of any other action
17 which the Department might take pursuant to this Act and of the
18 right to a hearing.
19 (g-5) As determined by the Department, a disproportionate
20 number or percentage of licensure complaints; a
21 disproportionate number or percentage of substantiated cases
22 of abuse, neglect, or exploitation involving an agency; an
23 apparent unnatural death of an individual served by an agency;
24 any egregious or life-threatening abuse or neglect within an
25 agency; or any other significant event as determined by the
26 Department shall initiate a review of the agency's license by
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