Bill Text: IL HB0653 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Amends the Alternative Health Care Delivery Act. Makes a technical change in the Section concerning definitions.

Spectrum: Moderate Partisan Bill (Democrat 30-7)

Status: (Passed) 2011-08-19 - Public Act . . . . . . . . . 97-0441 [HB0653 Detail]

Download: Illinois-2011-HB0653-Chaptered.html

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Public Act 097-0441
HB0653 Enrolled LRB097 03481 RPM 43518 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This amendatory Act may be referred
to as Paul's Law.
Section 5. The Community-Integrated Living Arrangements
Licensure and Certification Act is amended by changing Sections
4 and 9 and by adding Sections 13, 14, and 15 as follows:
(210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
Sec. 4. (a) Any community mental health or developmental
services agency who wishes to develop and support a variety of
community-integrated living arrangements may do so pursuant to
a license issued by the Department under this Act. However,
programs established under or otherwise subject to the Child
Care Act of 1969, the Nursing Home Care Act, or the MR/DD
Community Care Act, as now or hereafter amended, shall remain
subject thereto, and this Act shall not be construed to limit
the application of those Acts.
(b) The system of licensure established under this Act
shall be for the purposes of:
(1) Insuring that all recipients residing in
community-integrated living arrangements are receiving

appropriate community-based services, including treatment,
training and habilitation or rehabilitation;
(2) Insuring that recipients' rights are protected and
that all programs provided to and placements arranged for
recipients comply with this Act, the Mental Health and
Developmental Disabilities Code, and applicable Department
rules and regulations;
(3) Maintaining the integrity of communities by
requiring regular monitoring and inspection of placements
and other services provided in community-integrated living
arrangements.
The licensure system shall be administered by a quality
assurance unit within the Department which shall be
administratively independent of units responsible for funding
of agencies or community services.
(c) As a condition of being licensed by the Department as a
community mental health or developmental services agency under
this Act, the agency shall certify to the Department that:
(1) All recipients residing in community-integrated
living arrangements are receiving appropriate
community-based services, including treatment, training
and habilitation or rehabilitation;
(2) All programs provided to and placements arranged
for recipients are supervised by the agency; and
(3) All programs provided to and placements arranged
for recipients comply with this Act, the Mental Health and

Developmental Disabilities Code, and applicable Department
rules and regulations.
(d) An applicant for licensure as a community mental health
or developmental services agency under this Act shall submit an
application pursuant to the application process established by
the Department by rule and shall pay an application fee in an
amount established by the Department, which amount shall not be
more than $200.
(e) If an applicant meets the requirements established by
the Department to be licensed as a community mental health or
developmental services agency under this Act, after payment of
the licensing fee, the Department shall issue a license valid
for 3 years from the date thereof unless suspended or revoked
by the Department or voluntarily surrendered by the agency.
(f) Upon application to the Department, the Department may
issue a temporary permit to an applicant for a 6-month period
to allow the holder of such permit reasonable time to become
eligible for a license under this Act.
(g)(1) The Department may conduct site visits to an agency
licensed under this Act, or to any program or placement
certified by the agency, and inspect the records or premises,
or both, of such agency, program or placement as it deems
appropriate, for the purpose of determining compliance with
this Act, the Mental Health and Developmental Disabilities
Code, and applicable Department rules and regulations.
(2) If the Department determines that an agency licensed

under this Act is not in compliance with this Act or the rules
and regulations promulgated under this Act, the Department
shall serve a notice of violation upon the licensee. Each
notice of violation shall be prepared in writing and shall
specify the nature of the violation, the statutory provision or
rule alleged to have been violated, and that the licensee
submit a plan of correction to the Department if required. The
notice shall also inform the licensee of any other action which
the Department might take pursuant to this Act and of the right
to a hearing.
(g-5) As determined by the Department, a disproportionate
number or percentage of licensure complaints; a
disproportionate number or percentage of substantiated cases
of abuse, neglect, or exploitation involving an agency; an
apparent unnatural death of an individual served by an agency;
any egregious or life-threatening abuse or neglect within an
agency; or any other significant event as determined by the
Department shall initiate a review of the agency's license by
the Department, as well as a review of its service agreement
for funding. The Department shall adopt rules to establish the
process by which the determination to initiate a review shall
be made and the timeframe to initiate a review upon the making
of such determination.
(h) Upon the expiration of any license issued under this
Act, a license renewal application shall be required of and a
license renewal fee in an amount established by the Department

shall be charged to a community mental health or developmental
services agency, provided that such fee shall not be more than
$200.
(Source: P.A. 96-339, eff. 7-1-10.)
(210 ILCS 135/9) (from Ch. 91 1/2, par. 1709)
Sec. 9. By July 1, 1989, the Department shall adopt rules
pursuant to the Illinois Administrative Procedure Act to
establish minimum standards for licensing community-integrated
living arrangements under this Act. These rules shall govern
the operation and conduct of community-integrated living
arrangements and shall provide for the license application
process; agency standards and financial requirements;
licensing, certification and license renewal procedures;
revocation of licenses; notification to recipients of their
rights and the ability to contact the Guardianship and Advocacy
Commission; emergency actions which can be taken by the
Department to protect recipients' rights, welfare, and safety;
and any other rules deemed necessary to implement the
provisions of this Act.
By December 31, 1996, the Department shall adopt rules
under the Illinois Administrative Procedure Act that specify
the components of reimbursement for community-integrated
living arrangements and include costs as reported on the
Interagency Statistical and Financial Report.
By December 31, 2011, the Department shall adopt rules

under the Illinois Administrative Procedure Act that govern the
assignment and operations of monitors and receiverships for
community-integrated living arrangements wherein the
Department has identified systemic risks to individuals
served. The rules shall specify the criteria for determining
the need for independent monitors and receivers, their conduct
once established, and their reporting requirements to the
Department. These monitors and receivers shall be independent
entities appointed by the Department and not staff from State
agencies. This paragraph does not limit, however, the
Department's authority to take necessary action through its own
or other State staff.
(Source: P.A. 89-31, eff. 6-23-95.)
(210 ILCS 135/13 new)
Sec. 13. Registry checks for employees.
(a) Within 60 days after the effective date of this
amendatory Act of the 97th General Assembly, the Department
shall require all of its community developmental services
agencies to conduct required registry checks on employees at
the time of hire and annually thereafter during employment. The
required registries to be checked are the Health Care Worker
Registry, the Department of Children and Family Services' State
Central Register, and the Illinois Sex Offender Registry. A
person may not be employed if he or she is found to have
disqualifying convictions or substantiated cases of abuse or

neglect. At the time of the annual registry checks, if a
current employee's name has been placed on a registry with
disqualifying convictions or disqualifying substantiated cases
of abuse or neglect, then the employee must be terminated.
Disqualifying convictions or disqualifying substantiated cases
of abuse or neglect are defined for the Department of Children
and Family Services' State Central Register by the Department
of Children and Family Services' standards for background
checks in Part 385 of Title 89 of the Illinois Administrative
Code. Disqualifying convictions or disqualifying substantiated
cases of abuse or neglect are defined for the Health Care
Worker Registry by the Health Care Worker Background Check Act
and the Department's standards for abuse and neglect
investigations in Section 1-17 of the Department of Human
Services Act.
(b) In collaboration with the Department of Children and
Family Services and the Department of Public Health, the
Department of Human Services shall establish a waiver process
from the prohibition of employment or termination of employment
requirements in subsection (a) of this Section for any
applicant or employee listed under the Department of Children
and Family Services' State Central Register seeking to be hired
or maintain his or her employment with a community
developmental services agency under this Act. The waiver
process for applicants and employees outlined under Section 40
of the Health Care Worker Background Check Act shall remain in

effect for individuals listed on the Health Care Worker
Registry.
(c) In order to effectively and efficiently comply with
subsection (a), the Department of Children and Family Services
shall take immediate actions to streamline the process for
checking the State Central Register for employees hired by
community developmental services agencies referenced in this
Act. These actions may include establishing a website for
registry checks or establishing a registry check process
similar to the Health Care Worker Registry.
(210 ILCS 135/14 new)
Sec. 14. Transparency for individuals and guardians. By
October 1, 2011, the Department shall make available to
individuals and guardians upon enrollment a document listing
telephone numbers and other contact information to report
suspected cases of abuse, neglect, or exploitation. The
information provided shall include a delineation of the
individuals' rights. By July 1, 2012, the Department shall make
available through its website information on each agency
regarding licensure and quality assurance survey results;
licensure and contract status; and substantiated findings of
abuse, egregious neglect, and exploitation. The Department
shall adopt rules regarding the posting of this information and
shall inform individuals and guardians of its availability
during the initial provider selection process.

(210 ILCS 135/15 new)
Sec. 15. Designation of representative. Any adult resident
of a community-integrated living arrangement who does not have
a legal guardian and has not been adjudicated incompetent may
designate another adult of his or her choice to serve as the
representative of the resident for the sole purpose of
receiving notification from the agency or from the Department
concerning any incident or condition regarding the health,
safety, or well-being of the resident. The designation shall be
made in writing and signed by the resident, the designated
representative, and a representative of the agency. The agency
shall inform the resident of his or her right to designate
another adult as a representative for such purposes. The
designation may be revoked in writing by the resident at any
time. The agency shall provide a designation of representative
form that is substantially the same as the following:
"DESIGNATION OF REPRESENTATIVE
I, (insert name), am....... years old and reside at........
I have not been adjudicated incompetent and do not have a legal
guardian.
I hereby delegate (insert name, phone number, and e-mail

address of designated representative), an adult who resides
at.........., as my representative for the sole purpose of
receiving notification of any incident that may affect my
health, safety or well-being while a resident at.........., and
hereby give my consent to (insert name of agency) to
communicate with (insert name of designated representative)
about any such incident.
I understand that I may revoke this Designation of
Representative at any time by notifying (insert name of agency)
in writing that I wish to do so.
I also understand that by executing this document I am waiving
my right to confidentiality, but only to the extent of the
authority conveyed in this document.
(Insert Name of Resident)
.....................
Signature of Resident
(Insert Name of Representative)
...........................
Signature of Representative

(Insert Name of Agency Representative)
...........................
Signature of Representative".