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HB0055 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB0055
Introduced 1/9/2025, by Rep. Charles Meier
SYNOPSIS AS INTRODUCED:
210 ILCS 135/4
from Ch. 91 1/2, par. 1704
Amends the Community-Integrated Living Arrangements Licensure and
Certification Act. Removes provisions allowing the Department of Human
Services to conduct site visits to an agency licensed under the Act, or to
any program or placement certified by the agency, and inspect the records
or premises, or both, of such agency, program or placement as it deems
appropriate, for the purpose of determining compliance with the Act, the
Mental Health and Developmental Disabilities Code, and applicable
Department rules and regulations. Requires the Department to establish a
system of regular, ongoing, and unannounced on-site inspections, that
shall occur at least annually, of each agency licensed under the Act or any
program or placement certified by an agency licensed under the Act under
the Department's jurisdiction. Provides that the inspections shall be
conducted by the Department's central office to achieve specified goals.
LRB104 03875 BAB 13899 b
A BILL FOR
HB0055
LRB104 03875 BAB 13899 b
1
AN ACT concerning regulation.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Community-Integrated Living Arrangements
5
Licensure and Certification Act is amended by changing Section
6
4 as follows:
7
(210 ILCS 135/4)
(from Ch. 91 1/2, par. 1704)
8
Sec. 4.
(a) Any community mental health or developmental
9
services agency who wishes to develop and support a variety of
10
community-integrated living arrangements may do so pursuant to
11
a license issued by the Department under this Act. However,
12
programs established under or otherwise subject to the Child
13
Care Act of 1969, the Nursing Home Care Act, the Specialized
14
Mental Health Rehabilitation Act of 2013, the ID/DD Community
15
Care Act, or the MC/DD Act, as now or hereafter amended, shall
16
remain subject thereto, and this Act shall not be construed to
17
limit the application of those Acts.
18
(b) The system of licensure established under this Act
19
shall be for the purposes of:
20
(1) ensuring that all recipients residing in
21
community-integrated living arrangements are receiving
22
appropriate community-based services, including
23
treatment, training and habilitation or rehabilitation;
HB0055
- 2 -
LRB104 03875 BAB 13899 b
1
(2) ensuring that recipients' rights are protected and
2
that all programs provided to and placements arranged for
3
recipients comply with this Act, the Mental Health and
4
Developmental Disabilities Code, and applicable Department
5
rules and regulations;
6
(3) maintaining the integrity of communities by
7
requiring regular monitoring and inspection of placements
8
and other services provided in community-integrated living
9
arrangements.
10
The licensure system shall be administered by a quality
11
assurance unit within the Department which shall be
12
administratively independent of units responsible for funding
13
of agencies or community services.
14
(c) As a condition of being licensed by the Department as a
15
community mental health or developmental services agency under
16
this Act, the agency shall certify to the Department that:
17
(1) all recipients residing in community-integrated
18
living arrangements are receiving appropriate
19
community-based services, including treatment, training
20
and habilitation or rehabilitation;
21
(2) all programs provided to and placements arranged
22
for recipients are supervised by the agency; and
23
(3) all programs provided to and placements arranged
24
for recipients comply with this Act, the Mental Health and
25
Developmental Disabilities Code, and applicable Department
26
rules and regulations.
HB0055
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LRB104 03875 BAB 13899 b
1
(c-5) Each developmental services agency licensed under
2
this Act shall submit an annual report to the Department, as a
3
contractual requirement between the Department and the
4
developmental services agency, certifying that all
5
legislatively or administratively mandated wage increases to
6
benefit workers are passed through in accordance with the
7
legislative or administrative mandate. The Department shall
8
determine the manner and form of the annual report.
9
(d) An applicant for licensure as a community mental
10
health or developmental services agency under this Act shall
11
submit an application pursuant to the application process
12
established by the Department by rule and shall pay an
13
application fee in an amount established by the Department,
14
which amount shall not be more than $200.
15
(e) If an applicant meets the requirements established by
16
the Department to be licensed as a community mental health or
17
developmental services agency under this Act, after payment of
18
the licensing fee, the Department shall issue a license valid
19
for 3 years from the date thereof unless suspended or revoked
20
by the Department or voluntarily surrendered by the agency.
21
(f) Upon application to the Department, the Department may
22
issue a temporary permit to an applicant for up to a 2-year
23
period to allow the holder of such permit reasonable time to
24
become eligible for a license under this Act.
25
(g)(1)
(Blank).
The Department may conduct site visits to
26
an agency licensed under this Act, or to any program or
HB0055
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LRB104 03875 BAB 13899 b
1
placement certified by the agency, and inspect the records or
2
premises, or both, of such agency, program or placement as it
3
deems appropriate, for the purpose of determining compliance
4
with this Act, the Mental Health and Developmental
5
Disabilities Code, and applicable Department rules and
6
regulations. The Department shall conduct inspections of the
7
records and premises of each community-integrated living
8
arrangement certified under this Act at least once every 2
9
years.
10
(1.5) The Department shall establish a system of regular,
11
ongoing, and unannounced on-site inspections, that shall occur
12
at least annually, of each agency licensed under this Act or
13
any program or placement certified by an agency licensed under
14
this Act under its jurisdiction. The inspections shall be
15
conducted by the Department's central office to:
16
(A) determine the compliance of an agency licensed
17
under this Act or any program or placement certified by an
18
agency licensed under this Act with Department policies
19
and procedures;
20
(B) determine the compliance of an agency licensed
21
under this Act or any program or placement certified by an
22
agency licensed under this Act with audit recommendations;
23
(C) evaluate the compliance of an agency licensed
24
under this Act or any program or placement certified by an
25
agency licensed under this Act with applicable federal
26
standards;
HB0055
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LRB104 03875 BAB 13899 b
1
(D) review and follow up on complaints made by
2
community mental health agencies and advocates, and on
3
findings of the Human Rights Authority division of the
4
Illinois Guardianship and Advocacy Commission;
5
(E) review administrative and management problems
6
identified by other sources; and
7
(F) identify and prevent abuse and neglect.
8
(2) If the Department determines that an agency licensed
9
under this Act is not in compliance with this Act or the rules
10
and regulations promulgated under this Act, the Department
11
shall serve a notice of violation upon the licensee. Each
12
notice of violation shall be prepared in writing and shall
13
specify the nature of the violation, the statutory provision
14
or rule alleged to have been violated, and that the licensee
15
submit a plan of correction to the Department if required. The
16
notice shall also inform the licensee of any other action
17
which the Department might take pursuant to this Act and of the
18
right to a hearing.
19
(g-5) As determined by the Department, a disproportionate
20
number or percentage of licensure complaints; a
21
disproportionate number or percentage of substantiated cases
22
of abuse, neglect, or exploitation involving an agency; an
23
apparent unnatural death of an individual served by an agency;
24
any egregious or life-threatening abuse or neglect within an
25
agency; or any other significant event as determined by the
26
Department shall initiate a review of the agency's license by
HB0055
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LRB104 03875 BAB 13899 b
1
the Department, as well as a review of its service agreement
2
for funding. The Department shall adopt rules to establish the
3
process by which the determination to initiate a review shall
4
be made and the timeframe to initiate a review upon the making
5
of such determination.
6
(h) Upon the expiration of any license issued under this
7
Act, a license renewal application shall be required of and a
8
license renewal fee in an amount established by the Department
9
shall be charged to a community mental health or developmental
10
services agency, provided that such fee shall not be more than
11
$200.
12
(i) A public or private agency, association, partnership,
13
corporation, or organization that has had a license revoked
14
under subsection (b) of Section 6 of this Act may not apply for
15
or possess a license under a different name.
16
(Source: P.A. 102-944, eff. 1-1-23
.)
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