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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html

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1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Mental Health and Developmental
5Disabilities Administrative Act is amended by adding Section
68.1 as follows:
7 (20 ILCS 1705/8.1 new)
8 Sec. 8.1. Admission to State-operated facilities for
9persons with developmental disabilities.
10 (a) For any individual or guardian, or both, if
11applicable, seeking admission for the individual to a
12State-operated facility for persons with developmental
13disabilities the individual must meet the following criteria
14in order to be approved for admission:
15 (1) the individual is at least 18 years of age;
16 (2) the individual has received or attempted to
17 receive community-based services and supports;
18 (3) the individual meets the intermediate care
19 facility level of care definition; and
20 (4) the individual meets all clinical eligibility
21 requirements including having an intellectual disability
22 as defined in this Act.
23 (b) Upon admission to a State-operated facility for

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1persons with developmental disabilities, the facility shall
2complete at least annual reviews of the individual's clinical
3need for continued services in order to determine if these
4needs are able to be met in a less restrictive setting.
5Comprehensive and integrated assessments shall be used to
6assist in determining the level of care and services most
7appropriate to meet the individual's needs.
8 (c) All individuals shall have the right to know their
9options for supports and shall be provided the opportunity to
10learn about the full spectrum of care, including the range of
11possible living environments available as provided by
12entities, including, but not limited to, State-operated
13facilities and case management agencies. If an individual
14indicates that the individual would like to move to a less
15restrictive environment, activities to explore and take steps
16regarding the range of options shall be provided to the
17individual and guardian, if applicable. The interdisciplinary
18team shall assist the individual and guardian, if applicable,
19to identify placements that are able to meet the individual's
20needs, excluding when there are severe safety concerns
21identified by the interdisciplinary team that cannot be easily
22mitigated with interventions that are commonly used in the
23community.
24 An individual's support plan shall include services to
25address identified needs if the individual is clinically
26determined to no longer meet the intermediate care facility

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1level of care, or be at risk of harm to the individual or
2others. Thoughtful transition planning shall take place to
3assist with finding a less restrictive environment of the
4individual's choosing, and guardian's choosing, if applicable.
5 Section 10. The Mental Health and Developmental
6Disabilities Code is amended by adding Article VIII to Chapter
7IV as follows:
8 (405 ILCS 5/Ch. IV Art. VIII heading new)
9
ARTICLE VIII. SERVICE PROVIDER SANCTIONS
10 (405 ILCS 5/4-800 new)
11 Sec. 4-800. Provider sanctions and appeals. The Department
12of Human Services may impose progressive sanctions on
13providers that fail to comply with conditions specified by
14rule, or contract agreement, as determined by the Department.
15Sanctions include, but are not limited to, payment suspension,
16loss of payment, enrollment limitations, admission holds,
17removal of individuals currently served, or other actions up
18to and including contract termination, certification
19revocation, or licensure revocation. In situations in which
20recipients of services are placed at imminent risk of harm,
21steps to ensure the safety of individuals and any provider
22sanctions shall be taken expeditiously and not progressively.
23A service provider that has received a sanction may appeal the

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1sanction in writing to the Department of Healthcare and Family
2Services within 30 days of receipt of the sanction. Steps to
3ensure the safety of individuals may be taken regardless of a
4service provider appeal. The Department shall adopt rules as
5necessary to implement this Section.
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