Illinois General Assembly - Full Text of SB1664
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Full Text of SB1664  95th General Assembly



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1     AN ACT concerning health.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Community Services Act is amended by
5 changing Sections 3 and 4 as follows:
6     (405 ILCS 30/3)  (from Ch. 91 1/2, par. 903)
7     Sec. 3. Responsibilities for Community Services. Pursuant
8 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
13 regulations. The Department may request the assistance of other
14 State agencies, local government entities, direct services
15 providers, trade associations, and others in the development of
16 these regulations or other policies related to community
17 services.
18     The Department shall assume the following roles and
19 responsibilities for community services:
20     (a) Service Priorities. Within the service categories
21 described in Section 2 of this Act, establish and publish
22 priorities for community services to be rendered, and priority
23 populations to receive these services.



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1     (b) Planning. By January 1, 1994 and by January 1 of each
2 third year thereafter, prepare and publish a Plan which
3 describes goals and objectives for community services
4 state-wide and for regions and subregions needs assessment,
5 steps and time-tables for implementation of the goals also
6 shall be included; programmatic goals and objectives for
7 community services shall cover the service categories defined
8 in Section 2 of this Act; the Department shall insure local
9 participation in the planning process.
10     (c) Public Information and Education. Develop programs
11 aimed at improving the relationship between communities and
12 their disabled residents with disabilities; prepare and
13 disseminate public information and educational materials on
14 the prevention of developmental disabilities, mental illness,
15 and alcohol or drug dependence, and on available treatment and
16 habilitation services for persons with these disabilities.
17     (d) Quality Assurance. Promulgate minimum program
18 standards, rules and regulations to insure that Department
19 funded services maintain acceptable quality and assure
20 enforcement of these standards through regular monitoring of
21 services and through program evaluation; this applies except
22 where this responsibility is explicitly given by law to another
23 State agency.
24     (d-5) Accreditation requirements for providers of mental
25 health and substance abuse treatment services. Except when the
26 federal or State statutes authorizing a program, or the federal



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1 regulations implementing a program, are to the contrary,
2 accreditation shall be accepted by the Department in lieu of
3 the Department's facility or program certification or
4 licensure onsite review requirements and shall be accepted as a
5 substitute for the Department's administrative and program
6 monitoring requirements, except as required by subsection
7 (d-10), in the case of:
8         (1) Any organization from which the Department
9     purchases mental health or substance abuse services and
10     that is accredited under any of the following: the
11     Comprehensive Accreditation Manual for Behavioral Health
12     Care (Joint Commission on Accreditation of Healthcare
13     Organizations (JCAHO)); the Comprehensive Accreditation
14     Manual for Hospitals (JCAHO); the Standards Manual for the
15     Council on Accreditation for Children and Family Services
16     (Council on Accreditation for Children and Family Services
17     (COA)); or the Standards Manual for Organizations Serving
18     People with Disabilities (the Rehabilitation Accreditation
19     Commission (CARF)).
20         (2) Any mental health facility or program licensed or
21     certified by the Department, or any substance abuse service
22     licensed by the Department, that is accredited under any of
23     the following: the Comprehensive Accreditation Manual for
24     Behavioral Health Care (JCAHO); the Comprehensive
25     Accreditation Manual for Hospitals (JCAHO); the Standards
26     Manual for the Council on Accreditation for Children and



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1     Family Services (COA); or the Standards Manual for
2     Organizations Serving People with Disabilities (CARF).
3         (3) Any network of providers from which the Department
4     purchases mental health or substance abuse services and
5     that is accredited under any of the following: the
6     Comprehensive Accreditation Manual for Behavioral Health
7     Care (JCAHO); the Comprehensive Accreditation Manual for
8     Hospitals (JCAHO); the Standards Manual for the Council on
9     Accreditation for Children and Family Services (COA); the
10     Standards Manual for Organizations Serving People with
11     Disabilities (CARF); or the National Committee for Quality
12     Assurance. A provider organization that is part of an
13     accredited network shall be afforded the same rights under
14     this subsection.
15     (d-10) For mental health and substance abuse services, the
16 Department may develop standards or promulgate rules that
17 establish additional standards for monitoring and licensing
18 accredited programs, services, and facilities that the
19 Department has determined are not covered by the accreditation
20 standards and processes. These additional standards for
21 monitoring and licensing accredited programs, services, and
22 facilities and the associated monitoring must not duplicate the
23 standards and processes already covered by the accrediting
24 bodies.
25     (d-15) The Department shall be given proof of compliance
26 with fire and health safety standards, which must be submitted



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1 as required by rule.
2     (d-20) The Department, by accepting the survey or
3 inspection of an accrediting organization, does not forfeit its
4 rights to perform inspections at any time, including contract
5 monitoring to ensure that services are provided in accordance
6 with the contract. The Department reserves the right to monitor
7 a provider of mental health and substance abuse treatment
8 services when the survey or inspection of an accrediting
9 organization has established any deficiency in the
10 accreditation standards and processes.
11     (d-25) On and after the effective date of this amendatory
12 Act of the 92nd General Assembly, the accreditation
13 requirements of this Section apply to contracted organizations
14 that are already accredited.
15     (e) Program Evaluation. Develop a system for conducting
16 evaluation of the effectiveness of community services,
17 according to preestablished performance standards; evaluate
18 the extent to which performance according to established
19 standards aids in achieving the goals of this Act; evaluation
20 data also shall be used for quality assurance purposes as well
21 as for planning activities.
22     (f) Research. Conduct research in order to increase
23 understanding of mental illness, developmental disabilities
24 and alcohol and drug dependence.
25     (g) Technical Assistance. Provide technical assistance to
26 provider agencies receiving funds or serving clients in order



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1 to assist these agencies in providing appropriate, quality
2 services; also provide assistance and guidance to other State
3 agencies and local governmental bodies serving the disabled in
4 order to strengthen their efforts to provide appropriate
5 community services; and assist provider agencies in accessing
6 other available funding, including federal, State, local,
7 third-party and private resources.
8     (h) Placement Process. Promote the appropriate placement
9 of clients in community services through the development and
10 implementation of client assessment and diagnostic instruments
11 to assist in identifying the individual's service needs; client
12 assessment instruments also can be utilized for purposes of
13 program evaluation; whenever possible, assure that placements
14 in State-operated facilities are referrals from community
15 agencies.
16     (i) Interagency Coordination. Assume leadership in
17 promoting cooperation among State health and human service
18 agencies to insure that a comprehensive, coordinated community
19 services system is in place; to insure persons with a
20 disability disabled persons access to needed services; and to
21 insure continuity of care and allow clients to move among
22 service settings as their needs change; also work with other
23 agencies to establish effective prevention programs.
24     (j) Financial Assistance. Provide financial assistance to
25 local provider agencies through purchase-of-care contracts and
26 grants, pursuant to Section 4 of this Act.



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1 (Source: P.A. 92-755, eff. 8-2-02.)
2     (405 ILCS 30/4)  (from Ch. 91 1/2, par. 904)
3     Sec. 4. Financing for Community Services. The Department of
4 Human Services is authorized to provide financial
5 reimbursement assistance to eligible private service
6 providers, corporations, local government entities or
7 voluntary associations for the provision of services to persons
8 with mental illness, persons with a developmental disability
9 and alcohol and drug dependent persons living in the community
10 for the purpose of achieving the goals of this Act.
11     The Department shall utilize the following funding
12 mechanisms for community services:
13         (1) Purchase of Care Contracts: services purchased on a
14     predetermined fee per unit of service basis from private
15     providers or governmental entities. Fee per service rates
16     are set by an established formula which covers some portion
17     of personnel, supplies, and other allowable costs, and
18     which makes some allowance for geographic variations in
19     costs as well as for additional program components.
20         (2) Grants: sums of money which the Department grants
21     to private providers or governmental entities pursuant to
22     the grant recipient's agreement to provide certain
23     services, as defined by departmental grant guidelines, to
24     an approximate number of service recipients. Grant levels
25     are set through consideration of personnel, supply and



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1     other allowable costs, as well as other funds available to
2     the program.
3         (3) Other Funding Arrangements: funding mechanisms may
4     be established on a pilot basis in order to examine the
5     feasibility of alternative financing arrangements for the
6     provision of community services.
7     The Department shall strive to establish and maintain an
8 equitable system of payment which allows encourages providers
9 to improve persons with disabilities' their clients'
10 capabilities for independence and reduces their reliance on
11 community or State-operated services. The Governor shall
12 create a commission by July 1, 2007, or as soon thereafter as
13 possible, to review funding methodologies, identify gaps in
14 funding, identify revenue, and prioritize use of that revenue
15 for community developmental disability services, mental health
16 services, alcohol and substance abuse services, rehabilitation
17 services, and early intervention services. The first meeting of
18 the commission shall be held within the first month after the
19 creation and appointment of the commission, and a final report
20 summarizing the commission's recommendations must be issued
21 within 12 months after the first meeting, and no later than
22 September 1, 2008, to the Governor and the General Assembly.
23 The commission shall have the following 13 voting members:
24         (A) one member of the House of Representatives,
25     appointed by the Speaker of the House of Representatives;
26         (B) one member of the House of Representatives,



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1     appointed by the House Minority Leader;
2         (C) one member of the Senate, appointed by the
3     President of the Senate;
4         (D) one member of the Senate, appointed by the Senate
5     Minority Leader;
6         (E) one person with a developmental disability, or a
7     family member or guardian of such a person, appointed by
8     the Governor;
9         (F) one person with a mental illness, or a family
10     member or guardian of such a person, appointed by the
11     Governor;
12         (G) two persons from unions that represent employees of
13     community providers that serve people with developmental
14     disabilities, mental illness, and alcohol and substance
15     abuse disorders, appointed by the Governor; and
16         (H) five persons from statewide associations that
17     represent community providers that provide residential,
18     day training, and other developmental disability services,
19     mental health services, alcohol and substance abuse
20     services, rehabilitation services, or early intervention
21     services, or any combination of those, appointed by the
22     Governor.
23     The commission shall also have the following ex-officio,
24 nonvoting members:
25         (I) the Director of the Governor's Office of Management
26     and Budget or his or her designee;



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1         (J) the Chief Financial Officer of the Department of
2     Human Services or his or her designee; and
3         (K) the Administrator of the Department of Healthcare
4     and Family Services Division of Finance or his or her
5     designee.
6     The funding methodologies must reflect economic factors
7 inherent in providing services and supports, recognize
8 individual disability needs, and consider geographic
9 differences, transportation costs, required staffing ratios,
10 and mandates not currently funded.
11     In accepting Department funds, providers shall recognize
12 their responsibility to be accountable to the Department and
13 the State for the delivery of services which are consistent
14 with the philosophies and goals of this Act and the rules and
15 regulations promulgated under it.
16 (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
17     Section 99. Effective date. This Act takes effect upon
18 becoming law.