Bill Text: IL HB0737 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that after a community mental health or developmental services agency's license has been revoked, it shall continue providing for the health, safety, and welfare of the individuals it was serving by ensuring residents have been fully informed of their rights and options within time frames to be specified in rule and by a specified private, not-for-profit corporation directed by the Governor to administer the State plan to protect and advocate for the rights of persons with developmental disabilities. Effective immediately.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Engrossed) 2017-05-26 - Rule 2-10 Third Reading Deadline Established As May 31, 2017 [HB0737 Detail]

Download: Illinois-2017-HB0737-Engrossed.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Community-Integrated Living Arrangements
5Licensure and Certification Act is amended by changing Section
66 as follows:
7 (210 ILCS 135/6) (from Ch. 91 1/2, par. 1706)
8 Sec. 6. (a) The Department shall deny an application for a
9license, or revoke or refuse to renew the license of a
10community mental health or developmental services agency, or
11refuse to issue a license to the holder of a temporary permit,
12if the Department determines that the applicant, agency or
13permit holder has not complied with a provision of this Act,
14the Mental Health and Developmental Disabilities Code, or
15applicable Department rules and regulations. Specific grounds
16for denial or revocation of a license, or refusal to renew a
17license or to issue a license to the holder of a temporary
18permit, shall include but not be limited to:
19 (1) Submission of false information either on
20 Department licensure forms or during an inspection;
21 (2) Refusal to allow an inspection to occur;
22 (3) Violation of this Act or rules and regulations
23 promulgated under this Act;

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1 (4) Violation of the rights of a recipient;
2 (5) Failure to submit or implement a plan of correction
3 within the specified time period; or
4 (6) Failure to submit a workplace violence prevention
5 plan in compliance with the Health Care Workplace Violence
6 Prevention Act.
7 (b) If the Department determines that the operation of a
8community mental health or developmental services agency or one
9or more of the programs or placements certified by the agency
10under this Act jeopardizes the health, safety or welfare of the
11recipients served by the agency, the Department may immediately
12revoke the agency's license and may direct the agency to
13withdraw recipients from any such program or placement. If an
14agency's license is revoked under this subsection, then the
15Department or the Department's agents shall have unimpeded,
16immediate, and full access to the recipients served by that
17agency and the recipients' medications, records, and personal
18possessions in order to ensure a timely, safe, and smooth
19transition of those individuals from the program or placement.
20 (c) Upon revocation of an agency's license under subsection
21(b) of this Section, the agency shall continue providing for
22the health, safety, and welfare of the individuals that the
23agency was serving at the time the agency's license was revoked
24during the period of transition. The private, not-for-profit
25corporation designated by the Governor to administer the State
26plan to protect and advocate for the rights of persons with

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1developmental disabilities under Section 1 of the Protection
2and Advocacy for Persons with Developmental Disabilities Act,
3contingent on State funding from the Department, shall have
4unimpeded, immediate, and full access to recipients and
5recipients' guardians to inform them of the recipients' and
6recipients' guardians' rights and options during the
7revocation and transition process.
8(Source: P.A. 94-347, eff. 7-28-05.)
9 Section 99. Effective date. This Act takes effect upon
10becoming law.
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