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92nd General Assembly

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Public Act 92-0755

HB5844 Enrolled                               LRB9214285DJmgA

    AN ACT in relation to 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 Section 3 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 and others in
the  development  of  these  regulations  or  other  policies
related to community services.
    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;  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 bodies.
    (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 agencies.
    (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  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. 89-507, eff. 7-1-97.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 15, 2002.
    Approved August 02, 2002.
    Effective August 02, 2002.

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