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91_HB0162
LRB9100241MWpc
1 AN ACT to amend the Mental Health and Developmental
2 Disabilities Administrative Act by changing Section 4.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Mental Health and Developmental
6 Disabilities Administrative Act is amended by changing
7 Section 4.3 as follows:
8 (20 ILCS 1705/4.3) (from Ch. 91 1/2, par. 100-4.3)
9 Sec. 4.3. Site visits and inspections.
10 (a) Each facility under the jurisdiction of the
11 Department shall be subject to a site visit at least once
12 during each 12-month period biennium by the Citizens Council
13 on Mental Health and Developmental Disabilities as provided
14 in Section 11A-7 of the Legislative Commission Reorganization
15 Act of 1984, as now or hereafter amended.
16 (b) The Department shall establish a system of annual
17 on-site inspections of each facility under its jurisdiction.
18 The inspections shall be conducted by the Department
19 Department's central office to:
20 (1) Determine facility compliance with the statutes
21 relating to patient care and the Department policies and
22 procedures;
23 (2) Determine facility compliance with audit
24 recommendations;
25 (3) Evaluate facility compliance with applicable federal
26 standards;
27 (4) Review and follow up on complaints made by
28 legislators, community mental health organizations agencies
29 and advocates, and on findings of the Human Rights Authority
30 division of the Guardianship and Advocacy Commission; and
31 (5) Review administrative and management problems
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1 identified by other sources.
2 (c) Before January 30 of each even-numbered year, the
3 Auditor General shall, with the advice of the Department,
4 certify at least 3 non-profit organizations whose primary
5 purpose is to improve the quality of mental health care in
6 State-operated facilities. The certified organization shall
7 ensure that those persons who have access under this Section
8 comply with all statutory and regulatory provisions governing
9 recipients' rights, confidentiality, privacy, and safety and
10 that any individual who fails to comply shall not be
11 permitted to continue to participate in assessments. The
12 certified organization shall ensure that individuals shall
13 not be permitted to participate in assessments at any
14 facility at which their presence would conflict with a
15 recipient's right to refuse contact with those individuals.
16 Those organizations shall have access to all the
17 State-operated facilities pursuant to the rules governing the
18 functions of the Inspector General as authorized under the
19 Abused and Neglected Long Term Care Facility Residents
20 Reporting Act. The purpose of the access is to insure there
21 will be independent assessments for each State-operated
22 facility, not to exceed 4 per year for each facility.
23 However, additional visits may be carried out upon the
24 notification of a specific complaint. The access shall
25 exclude all patient records unless the recipient has
26 permitted the examination of his or her records under the
27 Mental Health and Developmental Disabilities Confidentiality
28 Act.
29 The Department shall adopt rules for certifying the
30 organizations and for establishing reasonable standards and
31 procedures for determining whether the organizations seeking
32 certification provide appropriate training and supervision to
33 those persons who will have access under the statute.
34 The reports of the assessments shall be provided to the
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1 Department, to the Speaker of the House of Representatives,
2 the President of the Senate, the Minority Leader of the
3 Senate, the Minority Leader of the House of Representatives,
4 and to others that the organizations may determine. Under no
5 circumstances shall certification or access be denied due to
6 a disagreement by the Department with any positions taken by
7 the organizations with regard to public policy, legislation,
8 regulation, or litigation concerning mental health services,
9 the operation of, or the quality of care provided by the
10 Department or any mental health provider. The Department
11 shall adopt rules establishing standards and procedures for
12 internal review of any decision denying or terminating access
13 to any organization, including review by the Director or his
14 or her designee. Any organization denied access under this
15 statute by an administrative decision of the Director or his
16 or her designee may have that decision reviewed under the
17 Administrative Review Act.
18 The assessments shall be conducted by the certified
19 organizations at no charge.
20 (Source: P.A. 86-1013.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.