State of Illinois
90th General Assembly
Legislation

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90_HB0540

      20 ILCS 1705/4.3          from Ch. 91 1/2, par. 100-4.3
          Amends the Department of Mental Health and  Developmental
      Disabilities   Act.    Provides  that  facilities  under  the
      jurisdiction  of  the  Department  of   Mental   Health   and
      Disabilities (transferred to the Department of Human Services
      on  July  1,  1997) shall be subject to a site audit at least
      once during each 12-month period by the Department (now  each
      biennum   by  the  Citizens  Council  on  Mental  Health  and
      Developmental Disabilities).  Provides that the  visit  shall
      determine   compliance   with  the  statutes  and  Department
      policies  and  procedures  (now   Department   policies   and
      procedures).   Provides  that  visits shall be made to review
      and follow up  on  complaints  made  by  legislators,  mental
      health agencies and advocates (now mental health agencies and
      advocates).   Provides that non-profit advocacy organizations
      shall have access to all facilities.  Effective immediately.
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                                               LRB9001735MWmg
 1        AN ACT to amend  the  Department  of  Mental  Health  and
 2    Developmental Disabilities Act (short title changed to Mental
 3    Health  and  Developmental  Disabilities  Administrative  Act
 4    effective July 1, 1997) by changing Section 4.3.
 5        Be  it  enacted  by  the People of the State of Illinois,
 6    represented in the General Assembly:
 7        Section  5.   The  Department  of   Mental   Health   and
 8    Developmental   Disabilities  Act  (short  title  changed  to
 9    Mental Health and Developmental  Disabilities  Administrative
10    Act  effective  July  1, 1997) is amended by changing Section
11    4.3 as follows:
12        (20 ILCS 1705/4.3) (from Ch. 91 1/2, par. 100-4.3)
13        Sec. 4.3. Site visits and inspections.
14        (a)  Each  facility  under  the   jurisdiction   of   the
15    Department  shall  be  subject  to a site visit at least once
16    during each 12-month period biennium by the Citizens  Council
17    on  Mental  Health and Developmental Disabilities as provided
18    in Section 11A-7 of the Legislative Commission Reorganization
19    Act of 1984, as now or hereafter amended.
20        (b)  The Department shall establish a  system  of  annual
21    on-site  inspections of each facility under its jurisdiction.
22    The  inspections  shall  be  conducted  by   the   Department
23    Department's central office to:
24        (1)  Determine  facility compliance with the statutes and
25    the Department policies and procedures;
26        (2)  Determine    facility    compliance    with    audit
27    recommendations;
28        (3)  Evaluate facility compliance with applicable federal
29    standards;
30        (4)  Review  and  follow  up  on   complaints   made   by
31    legislators,  community mental health agencies and advocates,
                            -2-                LRB9001735MWmg
 1    and on findings of the Human Rights Authority division of the
 2    Guardianship and Advocacy Commission; and
 3        (5)  Review  administrative   and   management   problems
 4    identified by other sources.
 5        (c)  The   Department  shall  allow  non-profit  advocacy
 6    organizations access to all facilities under the  same  rules
 7    governing   the   functions   of  the  Inspector  General  as
 8    authorized under the Abused  and  Neglected  Long  Term  Care
 9    Facility Residents Reporting Act.
10    (Source: P.A. 86-1013.)
11        Section  99.  Effective date.  This Act takes effect upon
12    becoming law.

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