Full Text of SB2787 93rd General Assembly
SB2787 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2787
Introduced 2/5/2004, by Mattie Hunter SYNOPSIS AS INTRODUCED: |
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405 ILCS 30/3 |
from Ch. 91 1/2, par. 903 |
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Amends the Community Services Act. Provides for accreditation for providers of developmental disabilities treatment services. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2787 |
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LRB093 18155 AMC 43848 b |
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| AN ACT concerning community services.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Community Services Act is amended by | 5 |
| changing Section 3 as follows:
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| (405 ILCS 30/3) (from Ch. 91 1/2, par. 903)
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| Sec. 3. Responsibilities for Community Services. Pursuant
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| to this Act, the Department of Human Services
shall facilitate | 9 |
| the
establishment of a comprehensive and coordinated array of | 10 |
| community services
based upon a federal, State and local | 11 |
| partnership. In order to assist in
implementation of this Act, | 12 |
| the Department shall prescribe and publish rules
and
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| regulations. The Department may request the assistance of other
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| State agencies, local
government entities, direct services | 15 |
| providers and others in the development of
these regulations or | 16 |
| other policies related to community services.
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| The Department shall assume the following roles and | 18 |
| responsibilities for
community services:
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| (a) Service Priorities. Within the service categories | 20 |
| described in Section
2 of this Act, establish and publish | 21 |
| priorities for community services to
be rendered, and priority | 22 |
| populations to receive these services.
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| (b) Planning. By January 1, 1994 and by January 1 of each | 24 |
| third year
thereafter, prepare and publish a Plan which | 25 |
| describes goals and objectives for
community services | 26 |
| state-wide and for regions and subregions needs assessment,
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| steps and time-tables for implementation of the goals also | 28 |
| shall be included;
programmatic goals and objectives for | 29 |
| community services shall cover the
service categories defined | 30 |
| in Section 2 of this Act; the Department shall insure local
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| participation in the planning process.
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| (c) Public Information and Education. Develop programs |
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SB2787 |
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LRB093 18155 AMC 43848 b |
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| aimed at
improving the relationship between communities and | 2 |
| their disabled
residents; prepare and disseminate public | 3 |
| information and educational
materials on the prevention of | 4 |
| developmental disabilities, mental illness, and
alcohol or | 5 |
| drug dependence, and on available treatment and habilitation
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| services for persons with these disabilities.
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| (d) Quality Assurance. Promulgate minimum program | 8 |
| standards, rules and
regulations to insure that Department | 9 |
| funded services maintain acceptable quality
and assure | 10 |
| enforcement of these standards through regular monitoring of
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| services and through program evaluation; this applies except | 12 |
| where this
responsibility is explicitly given by law to another | 13 |
| State agency.
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| (d-5) Accreditation requirements for providers of mental | 15 |
| health ,
and
substance abuse , and developmental disabilities
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| treatment services.
Except when the federal or State statutes | 17 |
| authorizing a program, or the
federal regulations implementing | 18 |
| a program, are to the contrary,
accreditation shall be accepted | 19 |
| by the Department in lieu of the
Department's facility or | 20 |
| program certification or licensure onsite review
requirements | 21 |
| and shall be accepted as a substitute for the Department's
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| administrative and program monitoring requirements, except as | 23 |
| required by
subsection (d-10), in the case of:
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| (1) Any organization from which the Department | 25 |
| purchases mental health ,
or substance abuse , or | 26 |
| developmental disabilities services and
that is accredited | 27 |
| under any of the following: the Comprehensive
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| Accreditation Manual
for Behavioral Health Care (Joint | 29 |
| Commission on Accreditation of Healthcare
Organizations | 30 |
| (JCAHO)); the Comprehensive Accreditation Manual
for | 31 |
| Hospitals (JCAHO); the Standards Manual for the
Council on | 32 |
| Accreditation for Children and Family Services (Council on
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| Accreditation for Children and Family Services (COA)); or | 34 |
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Standards Manual for Organizations Serving People with | 35 |
| Disabilities (the
Rehabilitation Accreditation Commission | 36 |
| (CARF)).
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LRB093 18155 AMC 43848 b |
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| (2) Any mental health facility or program licensed or | 2 |
| certified by the
Department, or any substance abuse service | 3 |
| licensed by the Department, that is
accredited under any of | 4 |
| the following: the
Comprehensive Accreditation Manual for
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| Behavioral Health Care (JCAHO); the Comprehensive | 6 |
| Accreditation Manual for
Hospitals (JCAHO); the Standards | 7 |
| Manual for the Council on Accreditation for
Children and | 8 |
| Family Services (COA); or the Standards Manual for | 9 |
| Organizations
Serving People with Disabilities (CARF).
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| (3) Any network of providers from which the Department | 11 |
| purchases
mental health ,
or substance abuse , or | 12 |
| developmental disabilities services and that is accredited | 13 |
| under any of
the
following: the Comprehensive | 14 |
| Accreditation Manual for Behavioral Health Care
(JCAHO);
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| the Comprehensive Accreditation Manual for Hospitals | 16 |
| (JCAHO); the Standards
Manual for the
Council on | 17 |
| Accreditation for Children and Family Services (COA); the | 18 |
| Standards
Manual for Organizations Serving People with | 19 |
| Disabilities (CARF); or the
National Committee for Quality | 20 |
| Assurance. A provider organization that is part
of an | 21 |
| accredited network shall be afforded the same rights under | 22 |
| this
subsection.
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| (d-10) For mental health ,
and substance abuse , and | 24 |
| developmental disabilities services, the Department
may | 25 |
| develop standards or promulgate rules that establish | 26 |
| additional standards
for monitoring
and licensing accredited | 27 |
| programs, services, and facilities that the Department
has | 28 |
| determined are not covered by the accreditation standards and | 29 |
| processes.
These additional standards for monitoring and | 30 |
| licensing accredited programs,
services, and facilities and | 31 |
| the associated monitoring must not duplicate the
standards and | 32 |
| processes already covered by the accrediting bodies.
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| (d-15) The Department shall be given proof of compliance | 34 |
| with fire and
health safety standards, which must be submitted | 35 |
| as required by rule.
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| (d-20) The Department, by accepting the survey or |
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| inspection of an
accrediting organization, does not forfeit its | 2 |
| rights to perform inspections at
any time, including contract | 3 |
| monitoring to ensure that services are
provided in accordance | 4 |
| with the contract.
The Department reserves the right to monitor | 5 |
| a provider of mental health ,
and
substance abuse , and | 6 |
| developmental disabilities treatment services when the survey | 7 |
| or inspection of an
accrediting organization has established | 8 |
| any deficiency in the accreditation
standards and processes.
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| (d-25) On and after the effective date of this amendatory | 10 |
| Act of the 92nd
General Assembly, the accreditation | 11 |
| requirements of this Section apply to
contracted organizations | 12 |
| that are already accredited.
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| (e) Program Evaluation. Develop a system for conducting | 14 |
| evaluation of
the effectiveness of community services, | 15 |
| according to preestablished
performance standards; evaluate | 16 |
| the extent to which performance according
to established | 17 |
| standards aids in achieving the goals of this Act;
evaluation | 18 |
| data also shall be used for quality assurance purposes as well
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| as for planning activities.
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| (f) Research. Conduct research in order to increase | 21 |
| understanding of mental
illness, developmental disabilities | 22 |
| and alcohol and drug dependence.
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| (g) Technical Assistance. Provide technical assistance to | 24 |
| provider agencies
receiving funds or serving clients in order | 25 |
| to assist
these agencies in providing appropriate, quality | 26 |
| services; also provide
assistance and guidance to other State | 27 |
| agencies and local governmental bodies
serving the disabled in | 28 |
| order to strengthen their efforts to provide
appropriate | 29 |
| community services; and assist provider agencies in accessing
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| other available funding, including federal, State, local, | 31 |
| third-party and
private resources.
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| (h) Placement Process. Promote the appropriate placement | 33 |
| of clients in
community services through the development and | 34 |
| implementation of client
assessment and diagnostic instruments | 35 |
| to assist in identifying the
individual's service needs; client | 36 |
| assessment instruments also can be
utilized for purposes of |
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| program evaluation; whenever possible, assure that
placements | 2 |
| in State-operated facilities are referrals from community | 3 |
| agencies.
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| (i) Interagency Coordination. Assume leadership in | 5 |
| promoting cooperation
among State health and human service | 6 |
| agencies to insure that a comprehensive,
coordinated community | 7 |
| services system is in place; to insure disabled persons
access | 8 |
| to needed services; and to insure continuity of care and allow | 9 |
| clients
to move among service settings as their needs change; | 10 |
| also work with other
agencies to establish effective prevention | 11 |
| programs.
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| (j) Financial Assistance. Provide financial assistance to | 13 |
| local provider
agencies through purchase-of-care contracts and | 14 |
| grants, pursuant to Section
4 of this Act.
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| (Source: P.A. 92-755, eff. 8-2-02.)
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
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