Bill Text: IL HB0739 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that a public or private agency, association, partnership, corporation, or organization that has had a license revoked under a specified provision of the Act may not apply for or possess a license under a different name. Effective immediately.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Engrossed) 2017-08-04 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB0739 Detail]

Download: Illinois-2017-HB0739-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
64 as follows:
7 (210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
8 Sec. 4. (a) Any community mental health or developmental
9services agency who wishes to develop and support a variety of
10community-integrated living arrangements may do so pursuant to
11a license issued by the Department under this Act. However,
12programs established under or otherwise subject to the Child
13Care Act of 1969, the Nursing Home Care Act, the Specialized
14Mental Health Rehabilitation Act of 2013, the ID/DD Community
15Care Act, or the MC/DD Act, as now or hereafter amended, shall
16remain subject thereto, and this Act shall not be construed to
17limit the application of those Acts.
18 (b) The system of licensure established under this Act
19shall be for the purposes of:
20 (1) Insuring that all recipients residing in
21 community-integrated living arrangements are receiving
22 appropriate community-based services, including treatment,
23 training and habilitation or rehabilitation;

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1 (2) Insuring 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
11assurance unit within the Department which shall be
12administratively independent of units responsible for funding
13of agencies or community services.
14 (c) As a condition of being licensed by the Department as a
15community mental health or developmental services agency under
16this 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 (d) An applicant for licensure as a community mental health
2or developmental services agency under this Act shall submit an
3application pursuant to the application process established by
4the Department by rule and shall pay an application fee in an
5amount established by the Department, which amount shall not be
6more than $200.
7 (e) If an applicant meets the requirements established by
8the Department to be licensed as a community mental health or
9developmental services agency under this Act, after payment of
10the licensing fee, the Department shall issue a license valid
11for 3 years from the date thereof unless suspended or revoked
12by the Department or voluntarily surrendered by the agency.
13 (f) Upon application to the Department, the Department may
14issue a temporary permit to an applicant for a 6-month period
15to allow the holder of such permit reasonable time to become
16eligible for a license under this Act.
17 (g)(1) The Department may conduct site visits to an agency
18licensed under this Act, or to any program or placement
19certified by the agency, and inspect the records or premises,
20or both, of such agency, program or placement as it deems
21appropriate, for the purpose of determining compliance with
22this Act, the Mental Health and Developmental Disabilities
23Code, and applicable Department rules and regulations.
24 (2) If the Department determines that an agency licensed
25under this Act is not in compliance with this Act or the rules
26and regulations promulgated under this Act, the Department

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1shall serve a notice of violation upon the licensee. Each
2notice of violation shall be prepared in writing and shall
3specify the nature of the violation, the statutory provision or
4rule alleged to have been violated, and that the licensee
5submit a plan of correction to the Department if required. The
6notice shall also inform the licensee of any other action which
7the Department might take pursuant to this Act and of the right
8to a hearing.
9 (g-5) As determined by the Department, a disproportionate
10number or percentage of licensure complaints; a
11disproportionate number or percentage of substantiated cases
12of abuse, neglect, or exploitation involving an agency; an
13apparent unnatural death of an individual served by an agency;
14any egregious or life-threatening abuse or neglect within an
15agency; or any other significant event as determined by the
16Department shall initiate a review of the agency's license by
17the Department, as well as a review of its service agreement
18for funding. The Department shall adopt rules to establish the
19process by which the determination to initiate a review shall
20be made and the timeframe to initiate a review upon the making
21of such determination.
22 (h) Upon the expiration of any license issued under this
23Act, a license renewal application shall be required of and a
24license renewal fee in an amount established by the Department
25shall be charged to a community mental health or developmental
26services agency, provided that such fee shall not be more than

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1$200.
2 (i) A public or private agency, association, partnership,
3corporation, or organization that has had a license revoked
4under subsection (b) of Section 6 of this Act may not apply for
5or possess a license under a different name.
6(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
7 Section 99. Effective date. This Act takes effect upon
8becoming law.
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