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.