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90_HB0540eng
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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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
25 relating to patient care and the Department policies and
26 procedures;
27 (2) Determine facility compliance with audit
28 recommendations;
29 (3) Evaluate facility compliance with applicable federal
30 standards;
31 (4) Review and follow up on complaints made by
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1 legislators, community mental health organizations agencies
2 and advocates, and on findings of the Human Rights Authority
3 division of the Guardianship and Advocacy Commission; and
4 (5) Review administrative and management problems
5 identified by other sources.
6 (c) Before January 30 of each even-numbered year, the
7 Auditor General shall, with the advice of the Department,
8 certify not more than 3 non-profit organizations whose
9 primary purpose is to improve the quality of mental health
10 care in State-operated facilities. Those organizations shall
11 have access to all the State-operated facilities pursuant to
12 the rules governing the functions of the Inspector General as
13 authorized under the Abused and Neglected Long Term Care
14 Facility Residents Reporting Act. The purpose of the access
15 is to insure there will be independent assessments for each
16 State-operated facility, not to exceed 4 per year for each
17 facility. However, additional visits may be carried out upon
18 the notification of a specific complaint. The access shall
19 exclude all patient records unless the recipient has
20 permitted the examination of his or her records under the
21 Mental Health and Developmental Disabilities Confidentiality
22 Act.
23 The Department shall adopt rules for certifying the
24 organizations and for establishing reasonable standards and
25 procedures for determining whether the organizations seeking
26 certification provide appropriate training and supervision to
27 those persons who will have access under the statute.
28 The reports of the assessments shall be provided to the
29 Department, to the Speaker of the House of Representatives,
30 the President of the Senate, the Minority Leader of the
31 Senate, the Minority Leader of the House of Representatives,
32 and to others that the organizations may determine. Under no
33 circumstances shall certification or access be denied due to
34 a disagreement by the Department with any positions taken by
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1 the organizations. The Department shall adopt rules
2 establishing standards and procedures for internal review of
3 any decision denying or terminating access to any
4 organization, including review by the Director or his or her
5 designee. Any organization denied access under this statute
6 by an administrative decision of the Director or his or her
7 designee may have that decision reviewed under the
8 Administrative Review Act.
9 The assessments shall be conducted by the certified
10 organizations at no charge.
11 (Source: P.A. 86-1013.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.