Public Act 095-0682
 		





SB1664 Enrolled
LRB095 09053 DRJ 29244 b






    AN ACT concerning health.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Community Services Act is amended  by 
changing Sections 3 and 4 as follows:
 



    (405 ILCS 30/3)  (from Ch. 91 1/2, par. 903)



    Sec. 3. Responsibilities for Community Services. Pursuant

to this Act, the Department of Human Services
shall facilitate 
the
establishment of a comprehensive and coordinated array of 
community services
based upon a federal, State and local 
partnership.  In order to assist in
implementation of this Act, 
the Department shall prescribe and publish rules
and

regulations.  The Department may request the assistance of other

State agencies, local
government entities, direct services 
providers, trade associations, and others in the development of

these regulations or other policies related to community 
services.

    The Department shall assume the following roles and 
responsibilities for
community services:

    (a) Service Priorities.  Within the service categories 
described in Section
2 of this Act, establish and publish 
priorities for community services to
be rendered, and priority 
populations to receive these services.

    (b) Planning.  By January 1, 1994 and by January 1 of each 
third year
thereafter, prepare and publish a Plan which 
describes goals and objectives for
community services 
state-wide and for regions and subregions needs assessment,

steps and time-tables for implementation of the goals also 
shall be included;
programmatic goals and objectives for 
community services shall cover the
service categories defined 
in Section 2 of this Act; the Department shall insure local

participation in the planning process.

    (c) Public Information and Education.  Develop programs 
aimed at
improving the relationship between communities and 
their disabled
residents with disabilities; prepare and 
disseminate public information and educational
materials on 
the prevention of developmental disabilities, mental illness, 
and
alcohol or drug dependence, and on available treatment and 
habilitation
services for persons with these disabilities.

    (d) Quality Assurance.  Promulgate minimum program 
standards, rules and
regulations to insure that Department 
funded services maintain acceptable quality
and assure 
enforcement of these standards through regular monitoring of

services and through program evaluation; this applies except 
where this
responsibility is explicitly given by law to another 
State agency.

    (d-5) Accreditation requirements for providers of mental 
health and
substance abuse treatment services.
Except when the 
federal or State statutes authorizing a program, or the
federal 
regulations implementing a program, are to the contrary,

accreditation shall be accepted by the Department in lieu of 
the
Department's facility or program certification or 
licensure onsite review
requirements and shall be accepted as a 
substitute for the Department's
administrative and program 
monitoring requirements, except as required by
subsection 
(d-10), in the case of:


        (1) Any organization from which the Department 
    purchases mental health
or substance abuse services and

    that is accredited under any of the following: the 
    Comprehensive
Accreditation Manual
for Behavioral Health 
    Care (Joint Commission on Accreditation of Healthcare

    Organizations (JCAHO)); the Comprehensive Accreditation 
    Manual
for Hospitals (JCAHO); the Standards Manual for the

    Council on Accreditation for Children and Family Services 
    (Council on
Accreditation for Children and Family Services 
    (COA)); or the
Standards Manual for Organizations Serving 
    People with Disabilities (the
Rehabilitation Accreditation 
    Commission (CARF)).


        (2) Any mental health facility or program licensed or 
    certified by the
Department, or any substance abuse service 
    licensed by the Department, that is
accredited under any of 
    the following: the
Comprehensive Accreditation Manual for

    Behavioral Health Care (JCAHO); the Comprehensive 
    Accreditation Manual for
Hospitals (JCAHO); the Standards 
    Manual for the Council on Accreditation for
Children and 
    Family Services (COA); or the Standards Manual for 
    Organizations
Serving People with Disabilities (CARF).


        (3) Any network of providers from which the Department 
    purchases
mental health or substance abuse services and 
    that is accredited under any of
the
following: the 
    Comprehensive Accreditation Manual for Behavioral Health 
    Care
(JCAHO);
the Comprehensive Accreditation Manual for 
    Hospitals (JCAHO); the Standards
Manual for the
Council on 
    Accreditation for Children and Family Services (COA); the 
    Standards
Manual for Organizations Serving People with 
    Disabilities (CARF); or the
National Committee for Quality 
    Assurance. A provider organization that is part
of an 
    accredited network shall be afforded the same rights under 
    this
subsection.

    (d-10) For mental health and substance abuse services, the 
Department
may develop standards or promulgate rules that 
establish additional standards
for monitoring
and licensing 
accredited programs, services, and facilities that the 
Department
has determined are not covered by the accreditation 
standards and processes.
These additional standards for 
monitoring and licensing accredited programs,
services, and 
facilities and the associated monitoring must not duplicate the

standards and processes already covered by the accrediting 
bodies.

    (d-15) The Department shall be given proof of compliance 
with fire and
health safety standards, which must be submitted 
as required by rule.

    (d-20) The Department, by accepting the survey or 
inspection of an
accrediting organization, does not forfeit its 
rights to perform inspections at
any time, including contract 
monitoring to ensure that services are
provided in accordance 
with the contract.
The Department reserves the right to monitor 
a provider of mental health and
substance abuse treatment 
services when the survey or inspection of an
accrediting 
organization has established any deficiency in the 
accreditation
standards and processes.

    (d-25) On and after the effective date of this amendatory 
Act of the 92nd
General Assembly, the accreditation 
requirements of this Section apply to
contracted organizations 
that are already accredited.

    (e) Program Evaluation.  Develop a system for conducting 
evaluation of
the effectiveness of community services, 
according to preestablished
performance standards; evaluate 
the extent to which performance according
to established 
standards aids in achieving the goals of this Act;
evaluation 
data also shall be used for quality assurance purposes as well

as for planning activities.

    (f) Research.  Conduct research in order to increase 
understanding of mental
illness, developmental disabilities 
and alcohol and drug dependence.

    (g) Technical Assistance. Provide technical assistance to 
provider agencies
receiving funds or serving clients in order 
to assist
these agencies in providing appropriate, quality 
services; also provide
assistance and guidance to other State 
agencies and local governmental bodies
serving the disabled in 
order to strengthen their efforts to provide
appropriate 
community services; and assist provider agencies in accessing

other available funding, including federal, State, local, 
third-party and
private resources.

    (h) Placement Process. Promote the appropriate placement 
of clients in
community services through the development and 
implementation of client
assessment and diagnostic instruments 
to assist in identifying the
individual's service needs; client 
assessment instruments also can be
utilized for purposes of 
program evaluation; whenever possible, assure that
placements 
in State-operated facilities are referrals from community 
agencies.

    (i) Interagency Coordination. Assume leadership in 
promoting cooperation
among State health and human service 
agencies to insure that a comprehensive,
coordinated community 
services system is in place; to insure persons with a 
disability
disabled persons
access to needed services; and to 
insure continuity of care and allow clients
to move among 
service settings as their needs change; also work with other

agencies to establish effective prevention programs.

    (j) Financial Assistance. Provide financial assistance to 
local provider
agencies through purchase-of-care contracts and 
grants, pursuant to Section
4 of this Act.

(Source: P.A. 92-755, eff. 8-2-02.)

 



    (405 ILCS 30/4)  (from Ch. 91 1/2, par. 904)



    Sec. 4. Financing for Community Services. The Department of 
Human Services
is authorized to
provide financial 
reimbursement
assistance to eligible private service 
providers,
corporations, local government entities or 
voluntary associations for the
provision of services to persons 
with mental illness, persons with a
developmental disability 
and alcohol and drug dependent persons living in the
community 
for the purpose of achieving the goals of this Act.

    The Department shall utilize the following funding 
mechanisms for community
services:


        (1) Purchase of Care Contracts: services purchased on a 
    predetermined fee
per unit of service basis from private 
    providers or governmental entities. Fee
per service rates 
    are set by an established formula which covers some portion

    of personnel, supplies, and other allowable costs, and 
    which makes some
allowance for geographic variations in 
    costs as well as for additional program
components.


        (2) Grants: sums of money which the Department grants 
    to private providers or
governmental
entities pursuant to 
    the grant recipient's agreement to provide certain

    services, as defined by departmental grant guidelines, to 
    an
approximate number of service
recipients. Grant levels 
    are set through consideration of personnel, supply and

    other allowable costs, as well as other funds available to 
    the program.


        (3) Other Funding Arrangements: funding mechanisms may 
    be established
on a pilot basis in order to examine the 
    feasibility of alternative financing
arrangements for the 
    provision of community services.

    The Department shall strive to establish and maintain an 
equitable system of
payment
which allows
encourages providers 
to improve persons with disabilities'
their clients'

capabilities for
independence and reduces their reliance on 
community or State-operated
services.  The Governor shall 
create a commission by July 1, 2007, or as soon thereafter as  
possible, to review funding methodologies, identify gaps in 
funding, identify revenue, and prioritize use of that revenue 
for community developmental disability services, mental health 
services, alcohol and substance abuse services, rehabilitation 
services, and early intervention services.  The first meeting of 
the commission shall be held within the first month after the 
creation and appointment of the commission, and a final report 
summarizing the commission's recommendations must be issued 
within 12 months after the first meeting, and no later than 
September 1, 2008, to the Governor and the General Assembly. 
The commission shall have the following 13 voting members:
        (A)  one member of the House of Representatives, 
    appointed by the Speaker of the House of Representatives;
        (B)   one member of the House of Representatives, 
    appointed by the House Minority Leader;
        (C)  one member of the Senate, appointed by the 
    President of the Senate;
        (D)  one member of the Senate, appointed by the Senate 
    Minority Leader;
        (E)   one person with a developmental disability, or a 
    family member or guardian of such a person, appointed by 
    the Governor;
        (F)   one person with a mental illness, or a family 
    member or guardian of such a person, appointed by the 
    Governor;
        (G)  two persons from unions that represent employees of 
    community providers that serve people with developmental 
    disabilities, mental illness, and alcohol and substance 
    abuse disorders, appointed by the Governor;  and
        (H) five persons from statewide associations that 
    represent community providers that provide residential, 
    day training, and other developmental disability services, 
    mental health services, alcohol and substance abuse 
    services, rehabilitation services, or early intervention 
    services, or any combination of those, appointed by the 
    Governor.
    The commission shall also have the following ex-officio, 
nonvoting members:
        (I)  the Director of the Governor's Office of Management 
    and Budget or his or her designee;
        (J)  the Chief Financial Officer of the Department of 
    Human Services or his or her designee; and
        (K)  the Administrator of the Department of Healthcare 
    and Family Services Division of Finance or his or her 
    designee.
    The funding methodologies must reflect economic factors 
inherent in providing services and supports, recognize 
individual  disability needs, and consider geographic 
differences, transportation costs, required staffing ratios, 
and mandates not currently funded.

    In accepting Department funds, providers shall recognize

their responsibility to be
accountable to the Department and 
the State for the delivery of services
which are consistent

with the philosophies and goals of this Act and the rules and 
regulations
promulgated under it.

(Source: P.A. 88-380; 89-507, eff. 7-1-97.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.