Full Text of SB3753 103rd General Assembly
SB3753ham001 103RD GENERAL ASSEMBLY | Rep. Lindsey LaPointe Filed: 5/8/2024 | | 10300SB3753ham001 | | LRB103 39458 RLC 73203 a |
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| 1 | | AMENDMENT TO SENATE BILL 3753
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3753 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Mental Health and Developmental | 5 | | Disabilities Administrative Act is amended by adding Section | 6 | | 8.1 as follows: | 7 | | (20 ILCS 1705/8.1 new) | 8 | | Sec. 8.1. Admission to State-operated facilities for | 9 | | persons with developmental disabilities. | 10 | | (a) For any individual or guardian, or both, if | 11 | | applicable, seeking admission for the individual to a | 12 | | State-operated facility for persons with developmental | 13 | | disabilities the individual must meet the following criteria | 14 | | in order to be approved for admission: | 15 | | (1) the individual is at least 18 years of age; | 16 | | (2) the individual and the individual's guardian, as |
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| 1 | | applicable, have received, attempted to receive, or | 2 | | received education regarding community-based services and | 3 | | supports; | 4 | | (3) the individual meets the intermediate care | 5 | | facility level of care definition; and | 6 | | (4) the individual meets all clinical eligibility | 7 | | requirements including having an intellectual disability | 8 | | as defined in this Act. | 9 | | (b) Upon admission to a State-operated facility for | 10 | | persons with developmental disabilities, the facility shall | 11 | | complete at least annual reviews of the individual's clinical | 12 | | need for continued services in order to determine if these | 13 | | needs are able to be met in a less restrictive setting. | 14 | | Comprehensive and integrated assessments shall be used to | 15 | | assist in determining the level of care and services most | 16 | | appropriate to meet the individual's needs. | 17 | | (c) All individuals shall have the right to know their | 18 | | options for supports and shall be provided the opportunity to | 19 | | learn about the full spectrum of care, including the range of | 20 | | possible living environments available as provided by | 21 | | entities, including, but not limited to, State-operated | 22 | | facilities and case management agencies. If an individual | 23 | | indicates that the individual would like to move to a less | 24 | | restrictive environment, activities to explore and take steps | 25 | | regarding the range of options shall be provided to the | 26 | | individual and guardian, if applicable. The interdisciplinary |
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| 1 | | team shall assist the individual and guardian, if applicable, | 2 | | to identify placements that are able to meet the individual's | 3 | | needs, excluding when there are severe safety concerns | 4 | | identified by the interdisciplinary team that cannot be easily | 5 | | mitigated with interventions that are commonly used in the | 6 | | community. | 7 | | An individual's support plan shall include services to | 8 | | address identified needs if the individual is clinically | 9 | | determined to no longer meet the intermediate care facility | 10 | | level of care, or be at risk of harm to the individual or | 11 | | others. Thoughtful transition planning shall take place to | 12 | | assist with finding a less restrictive environment of the | 13 | | individual's choosing, and guardian's choosing, if applicable. | 14 | | Section 10. The Mental Health and Developmental | 15 | | Disabilities Code is amended by changing Section 4-302 and by | 16 | | adding Article VIII to Chapter IV as follows: | 17 | | (405 ILCS 5/Ch. IV Art. VIII heading new) | 18 | | ARTICLE VIII. SERVICE PROVIDER SANCTIONS | 19 | | (405 ILCS 5/4-302) (from Ch. 91 1/2, par. 4-302) | 20 | | Sec. 4-302. A person with a developmental disability may | 21 | | be administratively admitted to a facility upon application if | 22 | | the facility director of the facility determines that the | 23 | | person he is suitable for admission. A person 18 years of age |
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| 1 | | or older, if the person he has the capacity, or the person's | 2 | | his guardian, if he is authorized by the guardianship order of | 3 | | the Circuit Court, may execute an application for | 4 | | administrative admission. Application may be executed for a | 5 | | person under 18 years of age by the person's his parent, | 6 | | guardian, or person in loco parentis pursuant to the | 7 | | Intermediate Care for the Developmentally Disabled Facilities | 8 | | Code authorized under the ID/DD Community Care Act . | 9 | | (Source: P.A. 88-380.) | 10 | | (405 ILCS 5/4-800 new) | 11 | | Sec. 4-800. Provider sanctions and appeals. The Department | 12 | | of Human Services Division of Developmental Disabilities may | 13 | | impose progressive sanctions on providers that fail to comply | 14 | | with conditions specified by rule, or contract agreement, as | 15 | | determined by the Department. Sanctions include, but are not | 16 | | limited to, payment suspension, loss of payment, enrollment | 17 | | limitations, admission holds, removal of individuals currently | 18 | | served, or other actions up to and including contract | 19 | | termination, certification revocation, or licensure | 20 | | revocation. In situations in which recipients of services are | 21 | | placed at imminent risk of harm, steps to ensure the safety of | 22 | | individuals and any provider sanctions shall be taken | 23 | | expeditiously and not progressively. A service provider that | 24 | | has received a sanction may appeal the sanction in writing to | 25 | | the Department of Healthcare and Family Services within 30 |
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| 1 | | days of receipt of the sanction. Steps to ensure the safety of | 2 | | individuals may be taken regardless of a service provider | 3 | | appeal. The Department shall adopt rules as necessary to | 4 | | implement this Section. | 5 | | (405 ILCS 5/4-801 new) | 6 | | Sec. 4-801. Provider appeals and fair hearings. After an | 7 | | informal review of a discharge by the Department of Human | 8 | | Services Division of Developmental Disabilities, a provider | 9 | | may request a reconsideration of the decision, to the | 10 | | Department of Human Services Division of Developmental | 11 | | Disabilities. The reconsideration request must be received | 12 | | within 10 working days after the provider receives the written | 13 | | notification, following the informal review decision from the | 14 | | Department of Human Services Division of Developmental | 15 | | Disabilities. The Department of Human Services shall adopt | 16 | | rules as necessary to implement this Section. ". |
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