Sen. Dale A. Righter
Filed: 3/10/2017
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1 | AMENDMENT TO SENATE BILL 1751
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2 | AMENDMENT NO. ______. Amend Senate Bill 1751 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Community-Integrated Living Arrangements | ||||||
5 | Licensure and
Certification Act is amended by changing Section | ||||||
6 | 6 as follows:
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7 | (210 ILCS 135/6) (from Ch. 91 1/2, par. 1706)
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8 | Sec. 6. (a) The Department shall deny an application for a | ||||||
9 | license,
or revoke or refuse to renew the license of a | ||||||
10 | community mental health or
developmental services agency, or | ||||||
11 | refuse to issue a license to the holder
of a temporary permit, | ||||||
12 | if the Department determines that the applicant,
agency or | ||||||
13 | permit holder has not complied with a provision of this Act, | ||||||
14 | the
Mental Health and Developmental Disabilities Code, or | ||||||
15 | applicable Department
rules and regulations. Specific grounds | ||||||
16 | for denial or revocation of a
license, or refusal to renew a |
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1 | license or to
issue a license to the holder of a temporary | ||||||
2 | permit, shall include but not be limited to:
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3 | (1) Submission of false information either on | ||||||
4 | Department licensure forms
or during an inspection;
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5 | (2) Refusal to allow an inspection to occur;
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6 | (3) Violation of this Act or rules and regulations | ||||||
7 | promulgated under this Act;
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8 | (4) Violation of the rights of a recipient;
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9 | (5) Failure to submit or implement a plan of correction | ||||||
10 | within the
specified time period; or | ||||||
11 | (6) Failure to submit a workplace violence prevention | ||||||
12 | plan in compliance with the Health Care Workplace Violence | ||||||
13 | Prevention Act.
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14 | (b) If the Department determines that the operation of a | ||||||
15 | community mental health
or developmental services agency or one | ||||||
16 | or more of the programs or
placements certified by the agency | ||||||
17 | under this Act jeopardizes the health,
safety or welfare of the | ||||||
18 | recipients served by the agency, the Department
may immediately | ||||||
19 | revoke the agency's license and may direct the agency to
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20 | withdraw recipients from any such program or placement. If an | ||||||
21 | agency's license is revoked under this subsection, then the | ||||||
22 | Department or the Department's agents shall have unimpeded, | ||||||
23 | immediate, and full access to the recipients served by that | ||||||
24 | agency and the recipients' medications, records, and personal | ||||||
25 | possessions in order to ensure a timely, safe, and smooth | ||||||
26 | transition of those individuals from the program or placement.
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1 | (c) Upon revocation of an agency's license under subsection | ||||||
2 | (b) of this Section, the agency shall continue providing for | ||||||
3 | the health, safety, and welfare of the individuals that the | ||||||
4 | agency was serving at the time the agency's license was revoked | ||||||
5 | during the period of transition. The private, not-for-profit | ||||||
6 | corporation designated by the Governor to administer the State | ||||||
7 | plan to protect and advocate for the rights of persons with | ||||||
8 | developmental disabilities under Section 1 of the Protection | ||||||
9 | and Advocacy for Persons with Developmental Disabilities Act, | ||||||
10 | contingent on State funding from the Department, shall have | ||||||
11 | unimpeded, immediate, and full access to recipients and | ||||||
12 | recipients' guardians to inform them of the recipients' and | ||||||
13 | recipients' guardians' rights and options during the | ||||||
14 | revocation and transition process. | ||||||
15 | (Source: P.A. 94-347, eff. 7-28-05.)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.".
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