Public Act 103-1042
 
SB3753 EnrolledLRB103 39458 RLC 69652 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Mental Health and Developmental 
Disabilities Administrative Act is amended by adding Section 
8.1 as follows:
 
    (20 ILCS 1705/8.1 new)
    Sec. 8.1. Admission to State-operated facilities for 
persons with developmental disabilities. 
    (a) For any individual or guardian, or both, if 
applicable, seeking admission for the individual to a 
State-operated facility for persons with developmental 
disabilities the individual must meet the following criteria 
in order to be approved for admission:
        (1) the individual is at least 18 years of age;
        (2) the individual and the individual's guardian, as 
    applicable, have received, attempted to receive, or 
    received education regarding community-based services and 
    supports;
        (3) the individual meets the intermediate care 
    facility level of care definition; and
        (4) the individual meets all clinical eligibility 
    requirements including having an intellectual disability 
    as defined in this Act.
    (b) Upon admission to a State-operated facility for 
persons with developmental disabilities, the facility shall 
complete at least annual reviews of the individual's clinical 
need for continued services in order to determine if these 
needs are able to be met in a less restrictive setting. 
Comprehensive and integrated assessments shall be used to 
assist in determining the level of care and services most 
appropriate to meet the individual's needs.
    (c) All individuals shall have the right to know their 
options for supports and shall be provided the opportunity to 
learn about the full spectrum of care, including the range of 
possible living environments available as provided by 
entities, including, but not limited to, State-operated 
facilities and case management agencies. If an individual 
indicates that the individual would like to move to a less 
restrictive environment, activities to explore and take steps 
regarding the range of options shall be provided to the 
individual and guardian, if applicable. The interdisciplinary 
team shall assist the individual and guardian, if applicable, 
to identify placements that are able to meet the individual's 
needs, excluding when there are severe safety concerns 
identified by the interdisciplinary team that cannot be easily 
mitigated with interventions that are commonly used in the 
community.
    An individual's support plan shall include services to 
address identified needs if the individual is clinically 
determined to no longer meet the intermediate care facility 
level of care, or be at risk of harm to the individual or 
others. Thoughtful transition planning shall take place to 
assist with finding a less restrictive environment of the 
individual's choosing, and guardian's choosing, if applicable.
 
    Section 10. The Mental Health and Developmental 
Disabilities Code is amended by changing Section 4-302 and by 
adding Article VIII to Chapter IV as follows:
 
    (405 ILCS 5/Ch. IV Art. VIII heading new)
ARTICLE VIII.  SERVICE PROVIDER SANCTIONS

 
    (405 ILCS 5/4-302)  (from Ch. 91 1/2, par. 4-302)
    Sec. 4-302. A person with a developmental disability may 
be administratively admitted to a facility upon application if 
the facility director of the facility determines that the 
person he is suitable for admission. A person 18 years of age 
or older, if the person he has the capacity, or the person's 
his guardian, if he is authorized by the guardianship order of 
the Circuit Court, may execute an application for 
administrative admission. Application may be executed for a 
person under 18 years of age by the person's his parent, 
guardian, or person in loco parentis pursuant to the 
Intermediate Care for the Developmentally Disabled Facilities 
Code authorized under the ID/DD Community Care Act.  
(Source: P.A. 88-380.)
 
    (405 ILCS 5/4-800 new)
    Sec. 4-800. Provider sanctions and appeals. The Department 
of Human Services Division of Developmental Disabilities may 
impose progressive sanctions on providers that fail to comply 
with conditions specified by rule, or contract agreement, as 
determined by the Department. Sanctions include, but are not 
limited to, payment suspension, loss of payment, enrollment 
limitations, admission holds, removal of individuals currently 
served, or other actions up to and including contract 
termination, certification revocation, or licensure 
revocation. In situations in which recipients of services are 
placed at imminent risk of harm, steps to ensure the safety of 
individuals and any provider sanctions shall be taken 
expeditiously and not progressively. A service provider that 
has received a sanction may appeal the sanction in writing to 
the Department of Healthcare and Family Services within 30 
days of receipt of the sanction. Steps to ensure the safety of 
individuals may be taken regardless of a service provider 
appeal. The Department shall adopt rules as necessary to 
implement this Section.
 
    (405 ILCS 5/4-801 new)
    Sec. 4-801. Provider discharge reconsideration requests. 
After an informal review of a discharge by the Department of 
Human Services Division of Developmental Disabilities, a 
provider may request a reconsideration of the decision, to the 
Department of Human Services Division of Developmental 
Disabilities. The reconsideration request must be received 
within 10 working days after the provider receives the written 
notification, following the informal review decision from the 
Department of Human Services Division of Developmental 
Disabilities. The Department of Human Services shall adopt 
rules as necessary to implement this Section.