Bill Text: IL HB1298 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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 and ongoing 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.

Spectrum: Partisan Bill (Republican 14-0)

Status: (Introduced) 2024-04-05 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB1298 Detail]

Download: Illinois-2023-HB1298-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1298 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 and ongoing 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.
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A BILL FOR
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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)
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
treatment, training and habilitation or rehabilitation;

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(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
rules and regulations.

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(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 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) (Blank). The Department may conduct site visits to
an agency licensed under this Act, or to any program or

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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.
(1.5) The Department shall establish a system of regular
and ongoing on-site inspections, that shall occur at least
annually, of each agency licensed under this Act or any
program or placement certified by an agency licensed under
this Act under its jurisdiction. The inspections shall be
conducted by the Department's central office to:
(A) determine the compliance of an agency licensed
under this Act or any program or placement certified by an
agency licensed under this Act with Department policies
and procedures;
(B) determine the compliance of an agency licensed
under this Act or any program or placement certified by an
agency licensed under this Act with audit recommendations;
(C) evaluate the compliance of an agency licensed
under this Act or any program or placement certified by an
agency licensed under this Act with applicable federal
standards;

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(D) review and follow up on complaints made by
community mental health agencies and advocates, and on
findings of the Human Rights Authority division of the
Illinois Guardianship and Advocacy Commission;
(E) review administrative and management problems
identified by other sources; and
(F) identify and prevent abuse and neglect.
(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

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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
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.)