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| Public Act 100-0694 | ||||
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AN ACT concerning health.
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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 Protection and Advocacy for Persons with | ||||
Developmental
Disabilities Act is amended by changing Section 1 | ||||
as follows:
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(405 ILCS 40/1) (from Ch. 91 1/2, par. 1151)
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Sec. 1.
The Governor may designate a private not-for-profit | ||||
corporation as
the agency to administer a State plan to protect | ||||
and advocate the rights of
persons with developmental | ||||
disabilities pursuant to the requirements of the
federal | ||||
Developmental Disabilities Assistance and Bill of Rights Act, | ||||
42 U.S.C.
6001 to 6081, as now or hereafter amended. The | ||||
designated
agency may pursue legal, administrative, and other | ||||
appropriate remedies to
ensure the protection of the rights of | ||||
such persons who are receiving
treatment, services or | ||||
habilitation within this State. The agency
designated by the | ||||
Governor shall be independent of any agency which
provides | ||||
treatment, services, guardianship, or habilitation to persons | ||||
with
developmental disabilities, and such agency shall not be | ||||
administered by
the Governor's Planning Council on | ||||
Developmental Disabilities or any
successor State Planning | ||||
Council organized pursuant to federal law.
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The designated agency may receive and expend funds to | ||
protect and advocate
the rights of persons with developmental | ||
disabilities. In order to properly
exercise its powers and | ||
duties, such agency shall have access to developmental
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disability facilities and mental health facilities, as defined | ||
under Sections
1-107 and 1-114 of the Mental Health and | ||
Developmental Disabilities Code, and
facilities as defined in | ||
Section 1-113 of the Nursing Home Care Act, Section 1-113 of | ||
the ID/DD Community Care Act, or Section 1-113 of the MC/DD | ||
Act, and community-integrated living arrangements as defined | ||
in Section 3 of the Community-Integrated Living Arrangements | ||
Licensure and Certification Act. Such
access shall be granted | ||
for the purposes of meeting with residents and staff,
informing | ||
them of services available from the agency, distributing | ||
written
information about the agency and the rights of persons | ||
with developmental
disabilities, conducting scheduled and | ||
unscheduled visits, and performing other
activities designed | ||
to protect the rights of persons with developmental
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disabilities. The agency also shall have access, for the | ||
purpose of inspection
and copying, to the records of a person | ||
with developmental disabilities who
resides in any such | ||
facility subject to the limitations of this Act, the Mental
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Health and Developmental Disabilities Confidentiality Act, the | ||
Nursing Home
Care Act, the ID/DD Community Care Act, and the | ||
MC/DD Act. The agency also shall have access, for the purpose | ||
of inspection and
copying, to the records of a person with | ||
developmental disabilities who resides
in any such facility if | ||
(1) a complaint is received by the agency from or on
behalf of | ||
the person with a developmental disability, and (2) such person | ||
does
not have a legal guardian or the State or the designee of | ||
the State is the
legal guardian of such person. The designated | ||
agency shall provide written
notice to the person with | ||
developmental disabilities and the State guardian of
the nature | ||
of the complaint based upon which the designated agency has | ||
gained
access to the records. No record or the contents of any | ||
record shall be
redisclosed by the designated agency unless the | ||
person with developmental
disabilities and the State guardian | ||
are provided 7 days advance written notice,
except in emergency | ||
situations, of the designated agency's intent to redisclose
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such record, during which time the person with developmental | ||
disabilities or
the State guardian may seek to judicially | ||
enjoin the designated agency's
redisclosure of such record on | ||
the grounds that such redisclosure is contrary
to the interests | ||
of the person with developmental disabilities. Any person who
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in good faith complains to the designated agency on behalf of a | ||
person with
developmental disabilities, or provides | ||
information or participates in the
investigation of any such | ||
complaint shall have immunity from any liability,
civil, | ||
criminal or otherwise, and shall not be subject to any | ||
penalties,
sanctions, restrictions or retaliation as a | ||
consequence of making such
complaint, providing such | ||
information or participating in such investigation.
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Upon request, the designated agency shall be entitled to | ||
inspect and copy
any records or other materials which may | ||
further the agency's investigation
of problems affecting | ||
numbers of persons with developmental disabilities. When
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required by law any personally identifiable information of | ||
persons with
developmental disabilities shall be removed from | ||
the records.
However, the designated agency may not inspect or | ||
copy any records or other
materials when the removal of | ||
personally identifiable information imposes
an unreasonable | ||
burden on mental health and developmental disabilities
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facilities pursuant to the Mental Health and Developmental | ||
Disabilities
Code or facilities as defined in the Nursing Home | ||
Care Act, the ID/DD Community Care Act, or the MC/DD Act.
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The Governor shall not redesignate the agency to administer | ||
the State
plan to protect and advocate the rights of persons | ||
with developmental
disabilities unless there is good cause for | ||
the redesignation and unless
notice of the intent to make such | ||
redesignation is given to persons with
developmental | ||
disabilities or their representatives, the federal Secretary
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of Health and Human Services, and the General Assembly at least | ||
60 days
prior thereto.
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The designated agency shall submit to the Department of | ||
Human Services an annual report to be made available to
the | ||
public. The annual report shall include, but is not limited to: | ||
(1) how many visits were made by the designated agency | ||
to developmental
disability facilities in the year | ||
preceding the report; | ||
(2) which community provider agencies or | ||
State-operated developmental centers were visited in the | ||
year preceding the report; and | ||
(3) the nature of each visit, such as meeting with | ||
residents and staff of the developmental
disability | ||
facility,
distributing written information to the | ||
developmental
disability facility, or whether the visit | ||
was scheduled or unscheduled. | ||
As used in this Act, the term "developmental disability" | ||
means a severe,
chronic disability of a person which:
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(A) is attributable to a mental or physical impairment | ||
or combination of
mental and physical impairments;
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(B) is manifested before the person attains age 22;
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(C) is likely to continue indefinitely;
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(D) results in substantial functional limitations in 3 | ||
or more of the
following areas of major life activity: (i) | ||
self-care, (ii) receptive and
expressive language, (iii) | ||
learning, (iv) mobility, (v) self-direction,
(vi) capacity | ||
for independent living, and (vii) economic | ||
self-sufficiency; and
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(E) reflects the person's need for combination and | ||
sequence of special,
interdisciplinary or generic care, | ||
treatment or other services which are of
lifelong or | ||
extended duration and are individually planned and | ||
coordinated.
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(Source: P.A. 99-180, eff. 7-29-15.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2019.
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