Illinois General Assembly - Full Text of Public Act 095-0682
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Public Act 095-0682




Public Act 095-0682
SB1664 Enrolled LRB095 09053 DRJ 29244 b

    AN ACT concerning health.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Community Services Act is amended by
changing Sections 3 and 4 as follows:
    (405 ILCS 30/3)  (from Ch. 91 1/2, par. 903)
    Sec. 3. Responsibilities for Community Services. Pursuant
to this Act, the Department of Human Services shall facilitate
the establishment of a comprehensive and coordinated array of
community services based upon a federal, State and local
partnership. In order to assist in implementation of this Act,
the Department shall prescribe and publish rules and
regulations. The Department may request the assistance of other
State agencies, local government entities, direct services
providers, trade associations, and others in the development of
these regulations or other policies related to community
    The Department shall assume the following roles and
responsibilities for community services:
    (a) Service Priorities. Within the service categories
described in Section 2 of this Act, establish and publish
priorities for community services to be rendered, and priority
populations to receive these services.
    (b) Planning. By January 1, 1994 and by January 1 of each
third year thereafter, prepare and publish a Plan which
describes goals and objectives for community services
state-wide and for regions and subregions needs assessment,
steps and time-tables for implementation of the goals also
shall be included; programmatic goals and objectives for
community services shall cover the service categories defined
in Section 2 of this Act; the Department shall insure local
participation in the planning process.
    (c) Public Information and Education. Develop programs
aimed at improving the relationship between communities and
their disabled residents with disabilities; prepare and
disseminate public information and educational materials on
the prevention of developmental disabilities, mental illness,
and alcohol or drug dependence, and on available treatment and
habilitation services for persons with these disabilities.
    (d) Quality Assurance. Promulgate minimum program
standards, rules and regulations to insure that Department
funded services maintain acceptable quality and assure
enforcement of these standards through regular monitoring of
services and through program evaluation; this applies except
where this responsibility is explicitly given by law to another
State agency.
    (d-5) Accreditation requirements for providers of mental
health and substance abuse treatment services. Except when the
federal or State statutes authorizing a program, or the federal
regulations implementing a program, are to the contrary,
accreditation shall be accepted by the Department in lieu of
the Department's facility or program certification or
licensure onsite review requirements and shall be accepted as a
substitute for the Department's administrative and program
monitoring requirements, except as required by subsection
(d-10), in the case of:
        (1) Any organization from which the Department
    purchases mental health or substance abuse services and
    that is accredited under any of the following: the
    Comprehensive Accreditation Manual for Behavioral Health
    Care (Joint Commission on Accreditation of Healthcare
    Organizations (JCAHO)); the Comprehensive Accreditation
    Manual for Hospitals (JCAHO); the Standards Manual for the
    Council on Accreditation for Children and Family Services
    (Council on Accreditation for Children and Family Services
    (COA)); or the Standards Manual for Organizations Serving
    People with Disabilities (the Rehabilitation Accreditation
    Commission (CARF)).
        (2) Any mental health facility or program licensed or
    certified by the Department, or any substance abuse service
    licensed by the Department, that is accredited under any of
    the following: the Comprehensive Accreditation Manual for
    Behavioral Health Care (JCAHO); the Comprehensive
    Accreditation Manual for Hospitals (JCAHO); the Standards
    Manual for the Council on Accreditation for Children and
    Family Services (COA); or the Standards Manual for
    Organizations Serving People with Disabilities (CARF).
        (3) Any network of providers from which the Department
    purchases mental health or substance abuse services and
    that is accredited under any of the following: the
    Comprehensive Accreditation Manual for Behavioral Health
    Care (JCAHO); the Comprehensive Accreditation Manual for
    Hospitals (JCAHO); the Standards Manual for the Council on
    Accreditation for Children and Family Services (COA); the
    Standards Manual for Organizations Serving People with
    Disabilities (CARF); or the National Committee for Quality
    Assurance. A provider organization that is part of an
    accredited network shall be afforded the same rights under
    this subsection.
    (d-10) For mental health and substance abuse services, the
Department may develop standards or promulgate rules that
establish additional standards for monitoring and licensing
accredited programs, services, and facilities that the
Department has determined are not covered by the accreditation
standards and processes. These additional standards for
monitoring and licensing accredited programs, services, and
facilities and the associated monitoring must not duplicate the
standards and processes already covered by the accrediting
    (d-15) The Department shall be given proof of compliance
with fire and health safety standards, which must be submitted
as required by rule.
    (d-20) The Department, by accepting the survey or
inspection of an accrediting organization, does not forfeit its
rights to perform inspections at any time, including contract
monitoring to ensure that services are provided in accordance
with the contract. The Department reserves the right to monitor
a provider of mental health and substance abuse treatment
services when the survey or inspection of an accrediting
organization has established any deficiency in the
accreditation standards and processes.
    (d-25) On and after the effective date of this amendatory
Act of the 92nd General Assembly, the accreditation
requirements of this Section apply to contracted organizations
that are already accredited.
    (e) Program Evaluation. Develop a system for conducting
evaluation of the effectiveness of community services,
according to preestablished performance standards; evaluate
the extent to which performance according to established
standards aids in achieving the goals of this Act; evaluation
data also shall be used for quality assurance purposes as well
as for planning activities.
    (f) Research. Conduct research in order to increase
understanding of mental illness, developmental disabilities
and alcohol and drug dependence.
    (g) Technical Assistance. Provide technical assistance to
provider agencies receiving funds or serving clients in order
to assist these agencies in providing appropriate, quality
services; also provide assistance and guidance to other State
agencies and local governmental bodies serving the disabled in
order to strengthen their efforts to provide appropriate
community services; and assist provider agencies in accessing
other available funding, including federal, State, local,
third-party and private resources.
    (h) Placement Process. Promote the appropriate placement
of clients in community services through the development and
implementation of client assessment and diagnostic instruments
to assist in identifying the individual's service needs; client
assessment instruments also can be utilized for purposes of
program evaluation; whenever possible, assure that placements
in State-operated facilities are referrals from community
    (i) Interagency Coordination. Assume leadership in
promoting cooperation among State health and human service
agencies to insure that a comprehensive, coordinated community
services system is in place; to insure persons with a
disability disabled persons access to needed services; and to
insure continuity of care and allow clients to move among
service settings as their needs change; also work with other
agencies to establish effective prevention programs.
    (j) Financial Assistance. Provide financial assistance to
local provider agencies through purchase-of-care contracts and
grants, pursuant to Section 4 of this Act.
(Source: P.A. 92-755, eff. 8-2-02.)
    (405 ILCS 30/4)  (from Ch. 91 1/2, par. 904)
    Sec. 4. Financing for Community Services. The Department of
Human Services is authorized to provide financial
reimbursement assistance to eligible private service
providers, corporations, local government entities or
voluntary associations for the provision of services to persons
with mental illness, persons with a developmental disability
and alcohol and drug dependent persons living in the community
for the purpose of achieving the goals of this Act.
    The Department shall utilize the following funding
mechanisms for community services:
        (1) Purchase of Care Contracts: services purchased on a
    predetermined fee per unit of service basis from private
    providers or governmental entities. Fee per service rates
    are set by an established formula which covers some portion
    of personnel, supplies, and other allowable costs, and
    which makes some allowance for geographic variations in
    costs as well as for additional program components.
        (2) Grants: sums of money which the Department grants
    to private providers or governmental entities pursuant to
    the grant recipient's agreement to provide certain
    services, as defined by departmental grant guidelines, to
    an approximate number of service recipients. Grant levels
    are set through consideration of personnel, supply and
    other allowable costs, as well as other funds available to
    the program.
        (3) Other Funding Arrangements: funding mechanisms may
    be established on a pilot basis in order to examine the
    feasibility of alternative financing arrangements for the
    provision of community services.
    The Department shall strive to establish and maintain an
equitable system of payment which allows encourages providers
to improve persons with disabilities' their clients'
capabilities for independence and reduces their reliance on
community or State-operated services. The Governor shall
create a commission by July 1, 2007, or as soon thereafter as
possible, to review funding methodologies, identify gaps in
funding, identify revenue, and prioritize use of that revenue
for community developmental disability services, mental health
services, alcohol and substance abuse services, rehabilitation
services, and early intervention services. The first meeting of
the commission shall be held within the first month after the
creation and appointment of the commission, and a final report
summarizing the commission's recommendations must be issued
within 12 months after the first meeting, and no later than
September 1, 2008, to the Governor and the General Assembly.
The commission shall have the following 13 voting members:
        (A) one member of the House of Representatives,
    appointed by the Speaker of the House of Representatives;
        (B) one member of the House of Representatives,
    appointed by the House Minority Leader;
        (C) one member of the Senate, appointed by the
    President of the Senate;
        (D) one member of the Senate, appointed by the Senate
    Minority Leader;
        (E) one person with a developmental disability, or a
    family member or guardian of such a person, appointed by
    the Governor;
        (F) one person with a mental illness, or a family
    member or guardian of such a person, appointed by the
        (G) two persons from unions that represent employees of
    community providers that serve people with developmental
    disabilities, mental illness, and alcohol and substance
    abuse disorders, appointed by the Governor; and
        (H) five persons from statewide associations that
    represent community providers that provide residential,
    day training, and other developmental disability services,
    mental health services, alcohol and substance abuse
    services, rehabilitation services, or early intervention
    services, or any combination of those, appointed by the
    The commission shall also have the following ex-officio,
nonvoting members:
        (I) the Director of the Governor's Office of Management
    and Budget or his or her designee;
        (J) the Chief Financial Officer of the Department of
    Human Services or his or her designee; and
        (K) the Administrator of the Department of Healthcare
    and Family Services Division of Finance or his or her
    The funding methodologies must reflect economic factors
inherent in providing services and supports, recognize
individual disability needs, and consider geographic
differences, transportation costs, required staffing ratios,
and mandates not currently funded.
    In accepting Department funds, providers shall recognize
their responsibility to be accountable to the Department and
the State for the delivery of services which are consistent
with the philosophies and goals of this Act and the rules and
regulations promulgated under it.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 10/11/2007