SB1348 96TH GENERAL ASSEMBLY

LRB096 04447 DRJ 14498 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1348

Introduced 2/10/2009, by Sen. Rickey R. Hendon

SYNOPSIS AS INTRODUCED:

210 ILCS 135/5	from Ch. 91 1/2, par. 1705
210 ILCS 135/8	from Ch. 91 1/2, par. 1708

Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that the Department of Human Services shall (instead of may) conduct an investigation upon receipt of a complaint to insure that a community mental health or developmental services agency is in compliance with the Act. Provides that in connection with the operation of an agency without a license or permit, the Department shall (instead of may) investigate, notify the agency, and make referrals to investigatory or law enforcement agencies. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Community-Integrated Living Arrangements Licensure and Certification Act is amended by changing Sections 5 and 8 as follows:

(210 ILCS 135/5) (from Ch. 91 1/2, par. 1705)

Sec. 5. (a) The Department shall may conduct an investigation upon receipt of a complaint to insure that the agency is in compliance with this Act. If, based upon the results of its investigation, the Department determines that the agency is not in compliance with this Act, it shall serve a notice of violation upon the agency as set forth in paragraph (2) of subsection (g) of Section 4 above. Upon request by a complainant, the Department shall notify the complainant of the results of any investigation of a complaint.

(b) The complaint, a copy of the complaint, or a record published, released or otherwise disclosed to the agency shall not disclose the name of the complainant unless the complainant consents in writing to the disclosure or the investigation results in a judicial proceeding, or unless disclosure is essential to the investigation.

(c) An agency licensed under this Act or its agents shall not transfer, harass, dismiss, or retaliate against a recipient who is the subject of a complaint under this Act.

(Source: P.A. 85-1250.)

(210 ILCS 135/8) (from Ch. 91 1/2, par. 1708)

Sec. 8. (a) Any community mental health or developmental services agency that continues to operate after its license is revoked under this Act, or after its license expires and the Department refuses to renew the license, is guilty of a business offense and shall be fined an amount in excess of $500 but not exceeding $2,000, and each day of violation is a separate offense. All fines shall be paid to the Mental Health Fund.

(b) Whenever the Department is advised or has reason to believe that any person, group of persons, association, partnership or corporation is operating an agency without a license or permit in violation of this Act, the Department shall may investigate to ascertain the facts, shall may notify the person or other entity that he is in violation of this Act, and shall may make referrals to appropriate investigatory or law enforcement agencies. Any person, group of persons, association, partnership or corporation who continues to operate a community mental health or developmental services agency as defined in subsection (b) of Section 3 of this Act without a license or temporary permit issued by the Department, after receiving notice from the Department that such operation is in violation of this Act, shall be guilty of a business offense and shall be fined an amount in excess of $500 but not exceeding $2,000, and each day of operation after receiving such notice is a separate offense. All fines shall be paid to the Mental Health Fund.

(Source: P.A. 85-1250.)

Section 99. Effective date. This Act takes effect upon becoming law.