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90_HB0540ham001
LRB9001735MWpcam01
1 AMENDMENT TO HOUSE BILL 540
2 AMENDMENT NO. . Amend House Bill 540 on page 1, line
3 24, by replacing "statutes" with "statutes relating to
4 patient care"; and
5 on page 1, line 31, by replacing "agencies" with
6 "organizations agencies"; and
7 on page 2, by replacing lines 5 through 9 with the following:
8 "(c) Before January 30 of each even-numbered year, the
9 Auditor General shall, with the advice of the Department,
10 certify not more than 3 non-profit organizations whose
11 primary purpose is to improve the quality of mental health
12 care in State-operated facilities. Those organizations shall
13 have access to all the facilities pursuant to the rules
14 governing the functions of the Inspector General as
15 authorized under the Abused and Neglected Long Term Care
16 Facility Residents Reporting Act. The purpose of the access
17 is to insure there will be independent assessments for each
18 State-operated facility, not to exceed 4 per year for each
19 facility. However, additional visits may be carried out upon
20 the notification of a specific complaint. The access shall
21 exclude all patient records unless the recipient has
22 permitted the examination of his or her records under the
23 Mental Health and Developmental Disabilities Code.
-2- LRB9001735MWpcam01
1 The Department shall adopt rules for certifying the
2 organizations and for establishing reasonable standards and
3 procedures for determining whether the organizations seeking
4 certification provide appropriate training and supervision to
5 those persons who will have access under the statute.
6 The reports of the assessments shall be provided to the
7 Department, to the Speaker of the House of Representatives,
8 the President of the Senate, and to others that the
9 organizations may determine. Under no circumstances shall
10 certification or access be denied due to a disagreement by
11 the Department with any positions taken by the organizations.
12 The Department shall adopt rules establishing standards and
13 procedures for internal review of any decision denying or
14 terminating access to any organization, including review by
15 the Director or his or her designee. Any organization denied
16 access under this statute by an administrative decision of
17 the Director or his or her designee may have that decision
18 reviewed under the Administrative Review Act.
19 The assessments shall be conducted by the certified
20 organizations at no charge.".