State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]


92_HB5844

 
                                              LRB9214285DJmgA

 1        AN ACT in relation to 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 Section 3 as follows:

 6        (405 ILCS 30/3) (from Ch. 91 1/2, par. 903)
 7        Sec.   3.  Responsibilities   for   Community   Services.
 8    Pursuant to this Act, the Department of Human Services  shall
 9    facilitate   the   establishment   of   a  comprehensive  and
10    coordinated array of community services based upon a federal,
11    State  and  local  partnership.   In  order  to   assist   in
12    implementation  of  this  Act, the Department shall prescribe
13    and  publish  rules  and  regulations.   The  Department  may
14    request  the  assistance  of  other  State  agencies,   local
15    government  entities, direct services providers and others in
16    the  development  of  these  regulations  or  other  policies
17    related to community 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
23    priority populations to receive these services.
24        (b)  Planning.  By January 1, 1994 and by  January  1  of
25    each  third year thereafter, prepare and publish a Plan which
26    describes  goals  and  objectives  for   community   services
27    state-wide  and  for regions and subregions needs assessment,
28    steps and time-tables for implementation of  the  goals  also
29    shall  be  included;  programmatic  goals  and objectives for
30    community services shall cover the service categories defined
31    in Section 2 of this Act; the Department shall  insure  local
 
                            -2-               LRB9214285DJmgA
 1    participation in the planning process.
 2        (c)  Public  Information and Education.  Develop programs
 3    aimed at improving the relationship between  communities  and
 4    their  disabled  residents;  prepare  and  disseminate public
 5    information and educational materials on  the  prevention  of
 6    developmental  disabilities,  mental  illness, and alcohol or
 7    drug dependence, and on available treatment and  habilitation
 8    services for persons with these disabilities.
 9        (d)  Quality   Assurance.    Promulgate  minimum  program
10    standards, rules and regulations to  insure  that  Department
11    funded   services  maintain  acceptable  quality  and  assure
12    enforcement of these standards through regular monitoring  of
13    services  and through program evaluation; this applies except
14    where this responsibility  is  explicitly  given  by  law  to
15    another State agency.
16        (d-5)  Accreditation requirements for providers of mental
17    health    and    substance    abuse    treatment    services.
18    Notwithstanding   any  provision  of  law  to  the  contrary,
19    accreditation shall be accepted by the Department in lieu  of
20    the   Department's   facility  or  program  certification  or
21    licensure onsite review requirements and shall be accepted as
22    a substitute for the Department's administrative and  program
23    monitoring  requirements,  except  as  required by subsection
24    (d-10), in the case of:
25             (1)  Any  organization  from  which  the  Department
26        purchases mental health or substance abuse  services  and
27        that  is  accredited  under  any of the following: Mental
28        Health  Standards   (JCAHO);   Behavioral   Health   Care
29        Services,  the  Comprehensive  Accreditation  Manual  for
30        Behavioral  Health Care (JCAHO); the Accreditation Manual
31        For Hospitals  (JCAHO);  the  Standards  Manual  For  The
32        Council on Accreditation for Children and Family Services
33        (COA);  or the Standards Manual for Organizations Serving
34        People with Disabilities (CARF).
 
                            -3-               LRB9214285DJmgA
 1             (2)  Any mental health facility or program  licensed
 2        or  certified  by  the Department, or any substance abuse
 3        service licensed by the Department,  that  is  accredited
 4        under  any  of  the  following:  Mental  Health Standards
 5        (JCAHO);   Behavioral   Health   Care    Services,    the
 6        Comprehensive  Accreditation Manual for Behavioral Health
 7        Care (JCAHO);  the  Accreditation  Manual  For  Hospitals
 8        (JCAHO);   the   Standards  Manual  For  The  Council  on
 9        Accreditation for Children and Family Services (COA);  or
10        the  Standards  Manual  for  Organizations Serving People
11        with Disabilities (CARF).
12             (3)  Any  network  of  providers  from   which   the
13        Department  purchases  mental  health  or substance abuse
14        services  and  that  is  accredited  under  any  of   the
15        following:  Mental  Health  Standards (JCAHO); Behavioral
16        Health Care  Services,  the  Comprehensive  Accreditation
17        Manual   for   Behavioral   Health   Care   (JCAHO);  the
18        Accreditation Manual For Hospitals (JCAHO); the Standards
19        Manual For The Council on Accreditation for Children  and
20        Family   Services   (COA);   the   Standards  Manual  for
21        Organizations Serving People with Disabilities (CARF); or
22        the National Committee for Quality Assurance. A  provider
23        organization  that is part of an accredited network shall
24        be afforded the same rights under this subsection.
25        (d-10)  For mental health and substance  abuse  services,
26    the  Department  may  adopt  rules  that establish additional
27    standards for monitoring and licensing  accredited  programs,
28    services,  and  facilities that the Department has determined
29    are not covered by the accreditation standards and processes.
30    These  additional  standards  for  monitoring  and  licensing
31    accredited  programs,  services,  and  facilities   and   the
32    associated  monitoring  must  not duplicate the standards and
33    processes already covered by the accrediting bodies.
34        (d-15)  The Department shall be given proof of compliance
 
                            -4-               LRB9214285DJmgA
 1    with  fire  and  health  safety  standards,  which  must   be
 2    submitted as required by rule.
 3        (d-20)  The   Department,  by  accepting  the  survey  or
 4    inspection of an accrediting organization, does  not  forfeit
 5    its  rights  to  perform  inspections  at any time, including
 6    contract monitoring to ensure that services are  provided  in
 7    accordance with the contract.
 8        (d-25)  On   and   after   the  effective  date  of  this
 9    amendatory  Act   of   the   92nd   General   Assembly,   the
10    accreditation   requirements   of   this   Section  apply  to
11    contracted organizations that are already accredited.
12        (e)  Program Evaluation.  Develop a system for conducting
13    evaluation  of  the  effectiveness  of  community   services,
14    according  to  preestablished performance standards; evaluate
15    the extent to  which  performance  according  to  established
16    standards aids in achieving the goals of this Act; evaluation
17    data  also  shall  be  used for quality assurance purposes as
18    well as for planning activities.
19        (f)  Research.  Conduct research  in  order  to  increase
20    understanding  of  mental illness, developmental disabilities
21    and alcohol and drug dependence.
22        (g)  Technical Assistance. Provide  technical  assistance
23    to  provider  agencies  receiving funds or serving clients in
24    order to assist  these  agencies  in  providing  appropriate,
25    quality  services;  also  provide  assistance and guidance to
26    other State agencies and local  governmental  bodies  serving
27    the  disabled in order to strengthen their efforts to provide
28    appropriate community services; and assist provider  agencies
29    in  accessing  other  available  funding,  including federal,
30    State, local, third-party and private resources.
31        (h)  Placement Process. Promote the appropriate placement
32    of clients in community services through the development  and
33    implementation    of   client   assessment   and   diagnostic
34    instruments to assist in identifying the individual's service
 
                            -5-               LRB9214285DJmgA
 1    needs; client assessment instruments also can be utilized for
 2    purposes of program  evaluation;  whenever  possible,  assure
 3    that  placements  in  State-operated facilities are referrals
 4    from community agencies.
 5        (i)  Interagency  Coordination.  Assume   leadership   in
 6    promoting  cooperation  among  State health and human service
 7    agencies  to  insure  that   a   comprehensive,   coordinated
 8    community  services  system  is  in place; to insure disabled
 9    persons access to needed services; and to  insure  continuity
10    of  care  and allow clients to move among service settings as
11    their  needs  change;  also  work  with  other  agencies   to
12    establish effective prevention programs.
13        (j)  Financial  Assistance.  Provide financial assistance
14    to local provider agencies through purchase-of-care contracts
15    and grants, pursuant to Section 4 of this Act.
16    (Source: P.A. 89-507, eff. 7-1-97.)

17        Section 99.  Effective date.  This Act takes effect  upon
18    becoming law.

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