Bill Text: IL SB3753 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Reinserts the provisions of the engrossed bill. In the amendatory changes to the Mental Health and Developmental Disabilities Administrative Act, provides that for an individual or guardian, or both, if applicable, seeking admission for the individual to a State-operated facility for persons with developmental disabilities, the individual and the individual's guardian, as applicable, must have received, attempted to receive, or received education regarding community-based services and supports. In the amendatory changes to the Mental Health and Developmental Disabilities Code, provides that 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. Provides that 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. Deletes a provision that the Department of Healthcare and Family Services shall adopt rules as necessary to implement these provisions. Makes technical changes.

Spectrum: Bipartisan Bill

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-1042 [SB3753 Detail]

Download: Illinois-2023-SB3753-Chaptered.html

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Public Act 103-1042
SB3753 Enrolled LRB103 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.