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90_HB0540enr
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 at least 3 non-profit organizations whose primary
9 purpose is to improve the quality of mental health care in
10 State-operated facilities. The certified organization shall
11 ensure that those persons who have access under this Section
12 comply with all statutory and regulatory provisions governing
13 recipients' rights, confidentiality, privacy, and safety and
14 that any individual who fails to comply shall not be
15 permitted to continue to participate in assessments. The
16 certified organization shall ensure that individuals shall
17 not be permitted to participate in assessments at any
18 facility at which their presence would conflict with a
19 recipient's right to refuse contact with those individuals.
20 Those organizations shall have access to all the
21 State-operated facilities pursuant to the rules governing the
22 functions of the Inspector General as authorized under the
23 Abused and Neglected Long Term Care Facility Residents
24 Reporting Act. The purpose of the access is to insure there
25 will be independent assessments for each State-operated
26 facility, not to exceed 4 per year for each facility.
27 However, additional visits may be carried out upon the
28 notification of a specific complaint. The access shall
29 exclude all patient records unless the recipient has
30 permitted the examination of his or her records under the
31 Mental Health and Developmental Disabilities Confidentiality
32 Act.
33 The Department shall adopt rules for certifying the
34 organizations and for establishing reasonable standards and
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1 procedures for determining whether the organizations seeking
2 certification provide appropriate training and supervision to
3 those persons who will have access under the statute.
4 The reports of the assessments shall be provided to the
5 Department, to the Speaker of the House of Representatives,
6 the President of the Senate, the Minority Leader of the
7 Senate, the Minority Leader of the House of Representatives,
8 and to others that the organizations may determine. Under no
9 circumstances shall certification or access be denied due to
10 a disagreement by the Department with any positions taken by
11 the organizations with regard to public policy, legislation,
12 regulation, or litigation concerning mental health services,
13 the operation of, or the quality of care provided by the
14 Department or any mental health provider. The Department
15 shall adopt rules establishing standards and procedures for
16 internal review of any decision denying or terminating access
17 to any organization, including review by the Director or his
18 or her designee. Any organization denied access under this
19 statute by an administrative decision of the Director or his
20 or her designee may have that decision reviewed under the
21 Administrative Review Act.
22 The assessments shall be conducted by the certified
23 organizations at no charge.
24 (Source: P.A. 86-1013.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.