Bill Status of SB 3753   103rd General Assembly

Short Description:  MHDD CD-PROGRESSIVE SANCTIONS

Senate Sponsors
Sen. Laura Fine, Mary Edly-Allen, Adriane Johnson, Cristina Castro, Emil Jones, III, Laura M. Murphy, Julie A. Morrison and Paul Faraci

House Sponsors
(Rep. Lindsey LaPointe-Suzanne M. Ness-Tracy Katz Muhl-Charles Meier, Randy E. Frese, Anna Moeller, Abdelnasser Rashid, Joyce Mason, Dave Severin, David Friess, Jason Bunting, Patrick Windhorst, Kevin Schmidt, Amy Elik, Travis Weaver and Bradley Fritts)


Last Action  View All Actions

DateChamber Action
  8/9/2024SenatePublic Act . . . . . . . . . 103-1042

Statutes Amended In Order of Appearance
405 ILCS 5/Ch. IV Art. VIII heading new
405 ILCS 5/4-800 new

Synopsis As Introduced
Amends the Mental Health and Developmental Disabilities Code. Provides that the Division of Developmental Disabilities of the Department of Human Services may impose progressive sanctions, excluding a situation in which a recipient of services is placed at immediate risk of harm, on providers that fail to comply with conditions specified by rule, contract, or policy as determined by the Division. Provides that sanctions include, but are not limited to, payment suspension, loss of payment, enrollment limitations including admission holds, or other actions up to and including contract termination. Provides that a service provider receiving a sanction may appeal the sanction in writing to the Department of Healthcare and Family Services within 30 days after receipt of the sanction.

Senate Committee Amendment No. 1
Deletes reference to:
405 ILCS 5/Ch. IV Art. VIII heading new
405 ILCS 5/4-800 new
Adds reference to:
20 ILCS 1705/8.1 new
405 ILCS 5/Ch. IV Art. VII heading new
405 ILCS 5/4-7.100 new
405 ILCS 5/7-101 new

Replaces everything after the enacting clause. Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that any individual admitted to a State-operated facility for persons with developmental disabilities must meet the following criteria in order to be approved for admission: (1) the individual must have received or attempted to receive community-based services and supports; (2) the individual must meet the intermediate care facility level of care definition; and (3) the individual must meet all clinical eligibility requirements. Provides that upon admission to a State-operated facility for persons with developmental disabilities, the facility shall complete at least annual reviews of a person's clinical need for continued services to determine if needs are able to be met in a less restrictive setting. Comprehensive and integrated assessments shall be used to assist in determining what level of care and services are most appropriate to meet the individual's needs. Provides that 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 through State-operated facilities or case management agencies, or both. Amends the Mental Health and Developmental Disabilities Code. Provides that the Department of Human Services may impose progressive sanctions on providers that fail to comply with conditions specified by rule, contract, or policy as determined by the Department. Sanctions include, but are not limited to, payment suspension, loss of payment, enrollment limitations, including admission holds, removal of an individual or individuals currently served, or other actions up to and including contract termination, certification revocation, or licensure revocation. Provides that, in situations where a recipient of services is placed at imminent risk of harm, steps to ensure the safety of individuals and any provider sanctions shall be taken expeditiously and not progressively. Provides that a service provider receiving a sanction may appeal the sanction in writing to the Department of Human Services within 30 days after receipt of the sanction. Provides that the Department shall adopt rules as necessary to implement these provisions.

Senate Floor Amendment No. 2
Deletes reference to:
405 ILCS 5/Ch. IV Art. VII heading new
405 ILCS 5/4-700 new
405 ILCS 5/7-101 new
Adds reference to:
405 ILCS 5/Ch. IV Art. VIII heading new
405 ILCS 5/4-800 new
405 ILCS 5/4-801 new

Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1. Makes technical changes. In the amendatory changes to the Mental Health and Developmental Disabilities Code, provides that a service provider that has received a sanction may appeal the sanction in writing to the Department of Healthcare and Family Services (rather than the Department of Human Services). Provides that the Department of Human Services and the Department of Healthcare and Family Services shall adopt rules as necessary to implement this provision.

House Floor Amendment No. 2
Adds reference to:
405 ILCS 5/4-302

Replaces everything after the enacting clause. 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.

Actions 
DateChamber Action
  2/9/2024SenateFiled with Secretary by Sen. Laura Fine
  2/9/2024SenateFirst Reading
  2/9/2024SenateReferred to Assignments
  2/28/2024SenateAssigned to Health and Human Services
  3/6/2024SenatePostponed - Health and Human Services
  3/8/2024SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Laura Fine
  3/8/2024SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/12/2024SenateSenate Committee Amendment No. 1 Assignments Refers to Health and Human Services
  3/12/2024SenateSenate Committee Amendment No. 1 Adopted
  3/13/2024SenateDo Pass as Amended Health and Human Services; 009-000-000
  3/13/2024SenatePlaced on Calendar Order of 2nd Reading March 14, 2024
  3/27/2024SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Laura Fine
  3/27/2024SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/9/2024SenateSenate Floor Amendment No. 2 Assignments Refers to Health and Human Services
  4/10/2024SenateSenate Floor Amendment No. 2 Recommend Do Adopt Health and Human Services; 011-000-000
  4/10/2024SenateSenate Floor Amendment No. 2 Adopted
  4/10/2024SenateSecond Reading
  4/10/2024SenatePlaced on Calendar Order of 3rd Reading April 11, 2024
  4/11/2024SenateAdded as Co-Sponsor Sen. Mary Edly-Allen
  4/11/2024SenateAdded as Co-Sponsor Sen. Adriane Johnson
  4/11/2024SenateAdded as Co-Sponsor Sen. Cristina Castro
  4/11/2024SenateThird Reading - Passed; 057-000-000
  4/11/2024SenateAdded as Co-Sponsor Sen. Emil Jones, III
  4/11/2024HouseArrived in House
  4/12/2024SenateAdded as Co-Sponsor Sen. Laura M. Murphy
  4/12/2024SenateAdded as Co-Sponsor Sen. Julie A. Morrison
  4/12/2024HouseChief House Sponsor Rep. Lindsey LaPointe
  4/15/2024HouseFirst Reading
  4/15/2024HouseReferred to Rules Committee
  4/16/2024SenateAdded as Co-Sponsor Sen. Paul Faraci
  4/24/2024HouseAssigned to Human Services Committee
  5/1/2024HouseDo Pass / Short Debate Human Services Committee; 006-003-000
  5/1/2024HousePlaced on Calendar 2nd Reading - Short Debate
  5/8/2024HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Lindsey LaPointe
  5/8/2024HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/10/2024HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Lindsey LaPointe
  5/10/2024HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/13/2024HouseAdded Alternate Chief Co-Sponsor Rep. Tracy Katz Muhl
  5/13/2024HouseAdded Alternate Chief Co-Sponsor Rep. Suzanne M. Ness
  5/13/2024HouseAlternate Chief Co-Sponsor Changed to Rep. Tracy Katz Muhl
  5/13/2024HouseHouse Floor Amendment No. 1 Rules Refers to Human Services Committee
  5/14/2024HouseHouse Floor Amendment No. 2 Rules Refers to Human Services Committee
  5/14/2024HouseAdded Alternate Chief Co-Sponsor Rep. Charles Meier
  5/15/2024HouseHouse Floor Amendment No. 2 Recommends Be Adopted Human Services Committee; 008-000-000
  5/16/2024HouseSecond Reading - Short Debate
  5/16/2024HouseHeld on Calendar Order of Second Reading - Short Debate
  5/17/2024HouseThird Reading/Final Action Deadline Extended-9(b) May 24, 2024
  5/22/2024HouseHouse Floor Amendment No. 2 Adopted
  5/22/2024HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/22/2024HouseAdded Alternate Co-Sponsor Rep. Randy E. Frese
  5/22/2024HouseAdded Alternate Co-Sponsor Rep. Anna Moeller
  5/22/2024HouseAdded Alternate Co-Sponsor Rep. Abdelnasser Rashid
  5/22/2024HouseAdded Alternate Co-Sponsor Rep. Joyce Mason
  5/22/2024HouseAdded Alternate Co-Sponsor Rep. Dave Severin
  5/22/2024HouseAdded Alternate Co-Sponsor Rep. David Friess
  5/22/2024HouseAdded Alternate Co-Sponsor Rep. Jason Bunting
  5/22/2024HouseAdded Alternate Co-Sponsor Rep. Patrick Windhorst
  5/22/2024HouseAdded Alternate Co-Sponsor Rep. Kevin Schmidt
  5/22/2024HouseAdded Alternate Co-Sponsor Rep. Amy Elik
  5/22/2024HouseAdded Alternate Co-Sponsor Rep. Travis Weaver
  5/22/2024HouseAdded Alternate Co-Sponsor Rep. Bradley Fritts
  5/22/2024HouseThird Reading - Short Debate - Passed 111-000-000
  5/22/2024HouseHouse Floor Amendment No. 1 Tabled
  5/22/2024SenateSecretary's Desk - Concurrence House Amendment(s) 2
  5/22/2024SenatePlaced on Calendar Order of Concurrence House Amendment(s) 2 - May 22, 2024
  5/23/2024SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Laura Fine
  5/23/2024SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/23/2024SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Health and Human Services
  5/24/2024SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Health and Human Services; 010-000-000
  5/24/2024SenateHouse Floor Amendment No. 2 Senate Concurs 059-000-000
  5/24/2024SenateSenate Concurs
  5/24/2024SenatePassed Both Houses
  6/21/2024SenateSent to the Governor
  8/9/2024SenateGovernor Approved
  8/9/2024SenateEffective Date January 1, 2025
  8/9/2024SenatePublic Act . . . . . . . . . 103-1042

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