97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5927

 

Introduced 2/16/2012, by Rep. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 135/4  from Ch. 91 1/2, par. 1704
210 ILCS 135/10  from Ch. 91 1/2, par. 1710
210 ILCS 135/10.5 new

    Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that the Department of Human Services may not deny, suspend, or revoke a license under the Act, or refuse to renew a license, on the ground that the licensee or applicant operates or proposes to operate a community-integrated living arrangement located within 800 feet from any other setting licensed or funded to provide residential services for persons with a developmental disability or mental illness, including another community-integrated living arrangement. Provides that neither the State plan for the distribution of community living arrangements throughout the State, nor any rule adopted by the Department, may include a requirement that a community-integrated living arrangement owned or leased by a community mental health or developmental services agency and funded by the Department may not be located within a distance of 800 feet from any other setting licensed or funded to provide residential services for persons with a developmental disability or mental illness, including another community-integrated living arrangement. Provides that the Department must, under the authority granted to it under a specified consent decree, adopt and publish a written plan for compliance with the terms of the consent decree within 3 months after the effective date of the amendatory Act. Sets forth features that the plan must include.


LRB097 17854 WGH 66193 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5927LRB097 17854 WGH 66193 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 10. The Community-Integrated Living Arrangements
5Licensure and Certification Act is amended by changing Sections
64 and 10 and by adding Section 10.5 as follows:
 
7    (210 ILCS 135/4)  (from Ch. 91 1/2, par. 1704)
8    Sec. 4. License.
9    (a) Any community mental health or developmental services
10agency who wishes to develop and support a variety of
11community-integrated living arrangements may do so pursuant to
12a license issued by the Department under this Act. However,
13programs established under or otherwise subject to the Child
14Care Act of 1969, the Nursing Home Care Act, the Specialized
15Mental Health Rehabilitation Act, or the ID/DD Community Care
16Act, as now or hereafter amended, shall remain subject thereto,
17and this Act shall not be construed to limit the application of
18those Acts.
19    (b) The system of licensure established under this Act
20shall be for the purposes of:
21        (1) Insuring that all recipients residing in
22    community-integrated living arrangements are receiving
23    appropriate community-based services, including treatment,

 

 

HB5927- 2 -LRB097 17854 WGH 66193 b

1    training and habilitation or rehabilitation;
2        (2) Insuring that recipients' rights are protected and
3    that all programs provided to and placements arranged for
4    recipients comply with this Act, the Mental Health and
5    Developmental Disabilities Code, and applicable Department
6    rules and regulations;
7        (3) Maintaining the integrity of communities by
8    requiring regular monitoring and inspection of placements
9    and other services provided in community-integrated living
10    arrangements.
11    The licensure system shall be administered by a quality
12assurance unit within the Department which shall be
13administratively independent of units responsible for funding
14of agencies or community services.
15    (c) As a condition of being licensed by the Department as a
16community mental health or developmental services agency under
17this Act, the agency shall certify to the Department that:
18        (1) All recipients residing in community-integrated
19    living arrangements are receiving appropriate
20    community-based services, including treatment, training
21    and habilitation or rehabilitation;
22        (2) All programs provided to and placements arranged
23    for recipients are supervised by the agency; and
24        (3) All programs provided to and placements arranged
25    for recipients comply with this Act, the Mental Health and
26    Developmental Disabilities Code, and applicable Department

 

 

HB5927- 3 -LRB097 17854 WGH 66193 b

1    rules and regulations.
2    (d) An applicant for licensure as a community mental health
3or developmental services agency under this Act shall submit an
4application pursuant to the application process established by
5the Department by rule and shall pay an application fee in an
6amount established by the Department, which amount shall not be
7more than $200.
8    (e) If an applicant meets the requirements established by
9the Department to be licensed as a community mental health or
10developmental services agency under this Act, after payment of
11the licensing fee, the Department shall issue a license valid
12for 3 years from the date thereof unless suspended or revoked
13by the Department or voluntarily surrendered by the agency.
14    (e-5) The Department may not deny, suspend, or revoke a
15license, or refuse to renew a license, on the ground that the
16licensee or applicant operates or proposes to operate a
17community-integrated living arrangement located within 800
18feet from any other setting licensed or funded to provide
19residential services for persons with a developmental
20disability or mental illness, including another
21community-integrated living arrangement.
22    (f) Upon application to the Department, the Department may
23issue a temporary permit to an applicant for a 6-month period
24to allow the holder of such permit reasonable time to become
25eligible for a license under this Act.
26    (g)(1) The Department may conduct site visits to an agency

 

 

HB5927- 4 -LRB097 17854 WGH 66193 b

1licensed under this Act, or to any program or placement
2certified by the agency, and inspect the records or premises,
3or both, of such agency, program or placement as it deems
4appropriate, for the purpose of determining compliance with
5this Act, the Mental Health and Developmental Disabilities
6Code, and applicable Department rules and regulations.
7    (2) If the Department determines that an agency licensed
8under this Act is not in compliance with this Act or the rules
9and regulations promulgated under this Act, the Department
10shall serve a notice of violation upon the licensee. Each
11notice of violation shall be prepared in writing and shall
12specify the nature of the violation, the statutory provision or
13rule alleged to have been violated, and that the licensee
14submit a plan of correction to the Department if required. The
15notice shall also inform the licensee of any other action which
16the Department might take pursuant to this Act and of the right
17to a hearing.
18    (g-5) As determined by the Department, a disproportionate
19number or percentage of licensure complaints; a
20disproportionate number or percentage of substantiated cases
21of abuse, neglect, or exploitation involving an agency; an
22apparent unnatural death of an individual served by an agency;
23any egregious or life-threatening abuse or neglect within an
24agency; or any other significant event as determined by the
25Department shall initiate a review of the agency's license by
26the Department, as well as a review of its service agreement

 

 

HB5927- 5 -LRB097 17854 WGH 66193 b

1for funding. The Department shall adopt rules to establish the
2process by which the determination to initiate a review shall
3be made and the timeframe to initiate a review upon the making
4of such determination.
5    (h) Upon the expiration of any license issued under this
6Act, a license renewal application shall be required of and a
7license renewal fee in an amount established by the Department
8shall be charged to a community mental health or developmental
9services agency, provided that such fee shall not be more than
10$200.
11(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
12eff. 1-1-12; 97-441, eff. 8-19-11; revised 9-28-11.)
 
13    (210 ILCS 135/10)  (from Ch. 91 1/2, par. 1710)
14    Sec. 10. State plan.
15    (a) Community integrated living arrangements shall be
16located so as to enable residents to participate in and be
17integrated into their community or neighborhood. The location
18of such arrangements shall promote community integration of
19persons with mental disabilities. The Department shall adopt a
20plan ("State plan") for the distribution of community living
21arrangements throughout the State, considering the need for
22such arrangements in the various locations in which they are to
23be used. Each agency licensed under this Act must define the
24process of obtaining community acceptance of community living
25arrangements. The State plan shall include guidelines

 

 

HB5927- 6 -LRB097 17854 WGH 66193 b

1regarding the location of community integrated living
2arrangements within the geographic areas to be served by the
3agencies, and the availability of support services within those
4areas for residents under such arrangements. The Department
5shall promulgate such guidelines as rules pursuant to The
6Illinois Administrative Procedure Act. Neither the State plan
7nor any rule adopted by the Department under this Section may
8include a requirement that a community-integrated living
9arrangement owned or leased by a community mental health or
10developmental services agency and funded by the Department may
11not be located within a distance of 800 feet from any other
12setting licensed or funded to provide residential services for
13persons with a developmental disability or mental illness,
14including another community-integrated living arrangement.
15    The Department shall require any agency licensed under this
16Act to establish procedures for assuring compliance with such
17criteria, including annual review and comment by
18representatives of local governmental authorities, community
19mental health and developmental disabilities planning and
20service agencies, and other interested civil organizations,
21regarding the impact on their community areas of any living
22arrangements, programs or services to be certified by such
23agency. The Department shall give consideration to the comments
24of such community representatives in determinations of
25compliance with the State plan under this Section, and the
26Department may modify, suspend or withhold funding of such

 

 

HB5927- 7 -LRB097 17854 WGH 66193 b

1programs and services subject to this Act until such times as
2assurance is achieved.
3    (b) Beginning January 1, 1990, no Department of State
4government, as defined in The Civil Administrative Code of
5Illinois, shall place any person in or utilize any services of
6a community-integrated living arrangement which is not
7certified by an agency under this Act.
8(Source: P.A. 86-922.)
 
9    (210 ILCS 135/10.5 new)
10    Sec. 10.5. State plan for transferring residents out of
11certain CILAs.
12    (a) Under the authority granted to it under a consent
13decree entered on June 15, 2011, in the United States District
14Court for the Northern District of Illinois, Eastern Division,
15in the case of Ligas v. Hamos, Case No. 05 C 4331, the
16Department must adopt and publish a written plan for compliance
17with the terms of the consent decree within 3 months after the
18effective date of this amendatory Act of the 97th General
19Assembly.
20    (b) The written plan required under subsection (a) must
21include at least all of the following features:
22        (1) The plan must take into account the need or desire
23    of transferred residents to remain in the same geographic
24    region of the State or to reside in a living arrangement
25    that is reasonably close to a resident's family members and

 

 

HB5927- 8 -LRB097 17854 WGH 66193 b

1    friends.
2        (2) The plan must specify the Department's goals and
3    projected time frames for effecting the transfers with
4    respect to (i) the number of facilities to which residents
5    are to be transferred and (ii) the geographic regions of
6    the State within which those facilities are located.
7        (3) The plan must include a plan for increasing the
8    capacity of facilities or living arrangements receiving
9    the transferred residents that ensures geographic
10    diversity or capacity in the distribution of those
11    residents throughout the State.
12        (4) The plan must include a plan for pre-certifying
13    residential facilities to be constructed in the different
14    geographic regions of the State to ensure that, if such a
15    facility is built, there will be residents who will be
16    allowed to move into the facility.