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| Public Act 100-0058 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Community-Integrated Living Arrangements | ||||
Licensure and
Certification Act is amended by changing Section | ||||
4 as follows:
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(210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
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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
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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.
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(b) The system of licensure established under this Act | ||||
shall be for the purposes of:
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(1) Insuring 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) Insuring that recipients' rights are protected and | ||
that all programs
provided to and placements arranged for
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recipients comply with this Act, the Mental Health and | ||
Developmental
Disabilities Code, and applicable Department | ||
rules and regulations;
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(3) Maintaining the integrity of communities by | ||
requiring regular
monitoring and inspection of placements | ||
and other services provided in
community-integrated living | ||
arrangements.
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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.
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(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:
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(1) 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) All programs provided to and placements arranged | ||
for recipients are
supervised by the agency; and
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(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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(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.
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(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.
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(f) Upon application to the Department, the Department may | ||
issue a
temporary permit to an applicant for a 6-month period | ||
to allow the holder
of such permit reasonable time to become | ||
eligible for a license under this Act.
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(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.
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(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
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rule alleged to have been violated, and that the licensee
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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.
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(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.
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(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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