Bill Text: IL HB1032 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that licenses for community mental health or developmental services agencies are valid for 2 years (rather than 3 years). Provides that if a community mental health or developmental services agency receives a compliance score as the result of a survey or audit from the Department of Human Services or the Bureau of Accreditation, Licensure and Certification that is less than acceptably compliant, the agency shall implement a plan of corrections to address the violations listed in the survey or audit and may be subject to additional sanctions based on the agency's compliance score, including, but not limited to, a freeze on admissions or revocation of the agency's license.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2023-04-28 - Rule 3-9(a) / Re-referred to Assignments [HB1032 Detail]

Download: Illinois-2023-HB1032-Engrossed.html

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HB1032 Engrossed LRB103 04885 CPF 49895 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Community-Integrated Living Arrangements
Licensure and Certification Act is amended by changing Section
4 as follows:
(210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
(Text of Section before amendment by P.A. 102-944)
Sec. 4. (a) Any community mental health or developmental
services agency who wishes to develop and support a variety of
community-integrated living arrangements may do so pursuant to
a license issued by the Department under this Act. However,
programs established under or otherwise subject to the Child
Care Act of 1969, the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, the ID/DD Community
Care Act, or the MC/DD Act, as now or hereafter amended, shall
remain subject thereto, and this Act shall not be construed to
limit the application of those Acts.
(b) The system of licensure established under this Act
shall be for the purposes of:
(1) ensuring that all recipients residing in
community-integrated living arrangements are receiving
appropriate community-based services, including

HB1032 Engrossed - 2 - LRB103 04885 CPF 49895 b
treatment, training and habilitation or rehabilitation;
(2) ensuring that recipients' rights are protected and
that all programs provided to and placements arranged for
recipients comply with this Act, the Mental Health and
Developmental Disabilities Code, and applicable Department
rules and regulations;
(3) maintaining the integrity of communities by
requiring regular monitoring and inspection of placements
and other services provided in community-integrated living
arrangements.
The licensure system shall be administered by a quality
assurance unit within the Department which shall be
administratively independent of units responsible for funding
of agencies or community services.
(c) As a condition of being licensed by the Department as a
community mental health or developmental services agency under
this Act, the agency shall certify to the Department that:
(1) all recipients residing in community-integrated
living arrangements are receiving appropriate
community-based services, including treatment, training
and habilitation or rehabilitation;
(2) all programs provided to and placements arranged
for recipients are supervised by the agency; and
(3) all programs provided to and placements arranged
for recipients comply with this Act, the Mental Health and
Developmental Disabilities Code, and applicable Department

HB1032 Engrossed - 3 - LRB103 04885 CPF 49895 b
rules and regulations.
(d) An applicant for licensure as a community mental
health or developmental services agency under this Act shall
submit an application pursuant to the application process
established by the Department by rule and shall pay an
application fee in an amount established by the Department,
which amount shall not be more than $200.
(e) If an applicant meets the requirements established by
the Department to be licensed as a community mental health or
developmental services agency under this Act, after payment of
the licensing fee, the Department shall issue a license valid
for 3 years from the date thereof unless suspended or revoked
by the Department or voluntarily surrendered by the agency.
(f) Upon application to the Department, the Department may
issue a temporary permit to an applicant for up to a 2-year
period to allow the holder of such permit reasonable time to
become eligible for a license under this Act.
(g)(1) The Department may conduct site visits to an agency
licensed under this 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
this Act, the Mental Health and Developmental Disabilities
Code, and applicable Department rules and regulations. The
Department shall conduct inspections of the records and
premises of each community-integrated living arrangement

HB1032 Engrossed - 4 - LRB103 04885 CPF 49895 b
certified under this Act at least once every 2 years.
(2) If the Department determines that an agency licensed
under this Act is not in compliance with this Act or the rules
and regulations promulgated under this Act, the Department
shall serve a notice of violation upon the licensee. Each
notice of violation shall be prepared in writing and shall
specify the nature of the violation, the statutory provision
or rule alleged to have been violated, and that the licensee
submit a plan of correction to the Department if required. The
notice shall also inform the licensee of any other action
which the Department might take pursuant to this Act and of the
right to a hearing.
(g-5) As determined by the Department, a disproportionate
number or percentage of licensure complaints; a
disproportionate number or percentage of substantiated cases
of abuse, neglect, or exploitation involving an agency; an
apparent unnatural death of an individual served by an agency;
any egregious or life-threatening abuse or neglect within an
agency; or any other significant event as determined by the
Department shall initiate a review of the agency's license by
the Department, as well as a review of its service agreement
for funding. The Department shall adopt rules to establish the
process by which the determination to initiate a review shall
be made and the timeframe to initiate a review upon the making
of such determination.
(h) Upon the expiration of any license issued under this

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Act, a license renewal application shall be required of and a
license renewal fee in an amount established by the Department
shall be charged to a community mental health or developmental
services agency, provided that such fee shall not be more than
$200.
(i) A public or private agency, association, partnership,
corporation, or organization that has had a license revoked
under subsection (b) of Section 6 of this Act may not apply for
or possess a license under a different name.
(Source: P.A. 99-180, eff. 7-29-15; 100-58, eff. 8-11-17;
100-313, eff. 8-24-17; 100-863, eff. 8-14-18.)
(Text of Section after amendment by P.A. 102-944)
Sec. 4. (a) Any community mental health or developmental
services agency who wishes to develop and support a variety of
community-integrated living arrangements may do so pursuant to
a license issued by the Department under this Act. However,
programs established under or otherwise subject to the Child
Care Act of 1969, the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, the ID/DD Community
Care Act, or the MC/DD Act, as now or hereafter amended, shall
remain subject thereto, and this Act shall not be construed to
limit the application of those Acts.
(b) The system of licensure established under this Act
shall be for the purposes of:
(1) ensuring that all recipients residing in

HB1032 Engrossed - 6 - LRB103 04885 CPF 49895 b
community-integrated living arrangements are receiving
appropriate community-based services, including
treatment, training and habilitation or rehabilitation;
(2) ensuring that recipients' rights are protected and
that all programs provided to and placements arranged for
recipients comply with this Act, the Mental Health and
Developmental Disabilities Code, and applicable Department
rules and regulations;
(3) maintaining the integrity of communities by
requiring regular monitoring and inspection of placements
and other services provided in community-integrated living
arrangements.
The licensure system shall be administered by a quality
assurance unit within the Department which shall be
administratively independent of units responsible for funding
of agencies or community services.
(c) As a condition of being licensed by the Department as a
community mental health or developmental services agency under
this Act, the agency shall certify to the Department that:
(1) all recipients residing in community-integrated
living arrangements are receiving appropriate
community-based services, including treatment, training
and habilitation or rehabilitation;
(2) all programs provided to and placements arranged
for recipients are supervised by the agency; and
(3) all programs provided to and placements arranged

HB1032 Engrossed - 7 - LRB103 04885 CPF 49895 b
for recipients comply with this Act, the Mental Health and
Developmental Disabilities Code, and applicable Department
rules and regulations.
(c-5) Each developmental services agency licensed under
this Act shall submit an annual report to the Department, as a
contractual requirement between the Department and the
developmental services agency, certifying that all
legislatively or administratively mandated wage increases to
benefit workers are passed through in accordance with the
legislative or administrative mandate. The Department shall
determine the manner and form of the annual report.
(d) An applicant for licensure as a community mental
health or developmental services agency under this Act shall
submit an application pursuant to the application process
established by the Department by rule and shall pay an
application fee in an amount established by the Department,
which amount shall not be more than $200.
(e) If an applicant meets the requirements established by
the Department to be licensed as a community mental health or
developmental services agency under this Act, after payment of
the licensing fee, the Department shall issue a license valid
for 2 3 years from the date thereof unless suspended or revoked
by the Department or voluntarily surrendered by the agency.
(f) Upon application to the Department, the Department may
issue a temporary permit to an applicant for up to a 2-year
period to allow the holder of such permit reasonable time to

HB1032 Engrossed - 8 - LRB103 04885 CPF 49895 b
become eligible for a license under this Act.
(g)(1) The Department may conduct site visits to an agency
licensed under this 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
this Act, the Mental Health and Developmental Disabilities
Code, and applicable Department rules and regulations. The
Department shall conduct inspections of the records and
premises of each community-integrated living arrangement
certified under this Act at least once every 2 years.
(2) If the Department determines that an agency licensed
under this Act is not in compliance with this Act or the rules
and regulations promulgated under this Act, the Department
shall serve a notice of violation upon the licensee. Each
notice of violation shall be prepared in writing and shall
specify the nature of the violation, the statutory provision
or rule alleged to have been violated, and that the licensee
submit a plan of correction to the Department if required. The
notice shall also inform the licensee of any other action
which the Department might take pursuant to this Act and of the
right to a hearing.
(3) If an agency licensed under this Act receives a
compliance score as the result of a survey or audit from the
Department or the Bureau of Accreditation, Licensure and
Certification that is less than acceptably compliant, then the

HB1032 Engrossed - 9 - LRB103 04885 CPF 49895 b
agency shall implement a plan of corrections to address the
violations listed in the survey or audit and may be subject to
additional sanctions based on the agency's compliance score,
including, but not limited to, a freeze on admissions and
revocation of the agency's license.
(g-5) As determined by the Department, a disproportionate
number or percentage of licensure complaints; a
disproportionate number or percentage of substantiated cases
of abuse, neglect, or exploitation involving an agency; an
apparent unnatural death of an individual served by an agency;
any egregious or life-threatening abuse or neglect within an
agency; or any other significant event as determined by the
Department shall initiate a review of the agency's license by
the Department, as well as a review of its service agreement
for funding. The Department shall adopt rules to establish the
process by which the determination to initiate a review shall
be made and the timeframe to initiate a review upon the making
of such determination.
(h) Upon the expiration of any license issued under this
Act, a license renewal application shall be required of and a
license renewal fee in an amount established by the Department
shall be charged to a community mental health or developmental
services agency, provided that such fee shall not be more than
$200.
(i) A public or private agency, association, partnership,
corporation, or organization that has had a license revoked

HB1032 Engrossed - 10 - LRB103 04885 CPF 49895 b
under subsection (b) of Section 6 of this Act may not apply for
or possess a license under a different name.
(Source: P.A. 102-944, eff. 1-1-23.)