DHS-COMMUNITY DAY SERVICES

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SB3434 - 104th General Assembly

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Senate Amendment 001

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Senate Amendment 001

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SB3434 Enrolled
LRB104 18138 KTG 31577 b
1

AN ACT concerning developmental disabilities.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Mental Health and Developmental
5
Disabilities Administrative Act is amended by changing Section
6
2 and by adding Section 77 as follows:

7

(20 ILCS 1705/2)

(from Ch. 91 1/2, par. 100-2)
8

Sec. 2.
Definitions; administrative subdivisions.
9

(a) For the purposes of this Act, unless the context
10
otherwise requires:
11

"Community day services" or "CDS" means a Home and
12
Community-Based Waiver day program that is certified by the
13
Department. Community day services provide assistance with
14
gaining, maintaining, or improving skills and functioning to
15
individuals with developmental disabilities. Services can
16
reinforce skills or strategies taught in other settings and
17
may include training and supports to help prevent or slow the
18
loss of skills. Community day services take place in a
19
non-residential setting, separate from the individual's
20
residential setting, whether individually owned, controlled,
21
or otherwise. Community day services can be provided in a site
22
certified by the Department (site-based CDS) or in community
23
locations where members of the general community typically

SB3434 Enrolled
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LRB104 18138 KTG 31577 b
1
congregate (non-site-based CDS). CDS activities shall promote
2
greater independence and support full access to the general
3
community to the same degree as persons not receiving Home and
4
Community-Based Waiver services.

5

"Department" means the Department of Human Services,
6
successor to the former Department of Mental Health and
7
Developmental Disabilities.
8

"Developmental disability" means "developmental
9
disability" as defined in Section 1-106 of the Mental Health
10
and Developmental Disabilities Code.
11

"Intellectual disability" means the "intellectual
12
disability" as defined in Section 1-116 of the Mental Health
13
and Developmental Disabilities Code.
14

"Secretary" means the Secretary of Human Services.
15

(b) Unless the context otherwise requires:
16

(1) References in this Act to the programs or
17

facilities of the Department shall be construed to refer
18

only to those programs or facilities of the Department
19

that pertain to mental health or developmental
20

disabilities.
21

(2) References in this Act to the Department's service
22

providers or service recipients shall be construed to
23

refer only to providers or recipients of services that
24

pertain to the Department's mental health and
25

developmental disabilities functions.
26

(3) References in this Act to employees of the

SB3434 Enrolled
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LRB104 18138 KTG 31577 b
1

Department shall be construed to refer only to employees
2

whose duties pertain to the Department's mental health and
3

developmental disabilities functions.
4

(c) The Secretary shall establish such subdivisions of the
5
Department as shall be desirable and shall assign to the
6
various subdivisions the responsibilities and duties placed
7
upon the Department by the Laws of the State of Illinois.
8

(d) There is established a coordinator of services to deaf
9
and hearing impaired persons with mental disabilities. In
10
hiring this coordinator, every consideration shall be given to
11
qualified deaf or hearing impaired individuals.
12

(e) Whenever the administrative director of the
13
subdivision for mental health services is not a
14
board-certified psychiatrist, the Secretary shall appoint a
15
Chief for Clinical Services who shall be a board-certified
16
psychiatrist with both clinical and administrative experience.
17
The Chief for Clinical Services shall be responsible for all
18
clinical and medical decisions for mental health services.
19
(Source: P.A. 102-972, eff. 1-1-23
.)

20

(20 ILCS 1705/77 new)
21

Sec. 77.
Community day services.
22

(a) Community day services certification. An applicant for
23
certification as a CDS provider under this Act shall submit an
24
application in accordance with the application process
25
established by the Department by rule and shall pay an

SB3434 Enrolled
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LRB104 18138 KTG 31577 b
1
application fee in an amount established by the Department,
2
which amount shall not be more than $200.
3

(1) If an applicant meets the requirements established
4

by the Department to be certified as a CDS provider under
5

this Act, after payment of the certification fee, the
6

Department shall issue a certificate valid for 2 years
7

from the date thereof unless suspended or revoked by the
8

Department or voluntarily surrendered by the CDS provider.
9

(2) Upon application to the Department, the Department
10

may issue a temporary certificate to an applicant for up
11

to a 2-year period to allow the holder of such certificate
12

reasonable time to become eligible for a certificate under
13

this Act.
14

(3) The Department may conduct site visits to a CDS
15

provider, program, or site certified under this Act to
16

inspect the records or premises, or both, of such
17

provider, program, or site as it deems appropriate, for
18

the purpose of determining compliance with this Act, the
19

Mental Health and Developmental Disabilities Code, and
20

applicable Department rules and regulations. The
21

Department shall conduct inspections of the records and
22

premises of each CDS provider certified under this Act at
23

least once every 2 years.
24

(4) If the Department determines that a CDS provider
25

certified under this Act is not in compliance with this
26

Act or the rules and regulations adopted in accordance

SB3434 Enrolled
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LRB104 18138 KTG 31577 b
1

with this Act, the Department shall serve a notice of
2

deficiency upon the certified CDS provider. Each notice of
3

deficiency shall be prepared in writing and shall specify
4

the nature of the deficiency, the statutory provision or
5

rule alleged to have been violated, and, if required, that
6

the CDS provider submit a plan of correction to the
7

Department. The notice shall also inform the certified CDS
8

provider of any other action that the Department might
9

take in accordance with this Act and the CDS provider's
10

right to a hearing.
11

(5) As determined by the Department, a
12

disproportionate number or percentage of certification
13

complaints; a disproportionate number or percentage of
14

substantiated cases of abuse, neglect, or exploitation
15

involving a CDS provider; an apparent unnatural death of
16

an individual served by a CDS provider; any egregious or
17

life-threatening abuse or neglect caused by a CDS
18

provider; or any other significant event as determined by
19

the Department shall initiate a review of the CDS
20

provider's certificate by the Department, as well as a
21

review of its agreement for funding. The Department shall
22

adopt rules to establish the process by which the
23

determination to initiate a review shall be made and the
24

timeframe to initiate a review upon the making of such
25

determination.
26

(6) Upon the expiration of a CDS provider's

SB3434 Enrolled
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LRB104 18138 KTG 31577 b
1

certificate issued under this Act, the CDS provider shall
2

be required to submit a certification renewal application
3

and pay a certificate renewal fee in an amount to be
4

determined by the Department, which amount shall not be
5

more than $200.
6

(7) A former CDS provider that has had a certification
7

revoked under this Act may not apply for or possess a
8

certificate under a different name.
9

(b) Registry checks for employees. The Department shall
10
require all certified and funded CDS providers to conduct, for
11
each employee, checks of the Health Care Worker Registry, the
12
Illinois Sex Offender Registry, and the Provider Sanctions
13
List maintained by the Department of Healthcare and Family
14
Services' Office of the Inspector General. The Department
15
shall also require certified and funded CDS agencies to
16
conduct a Child Abuse and Neglect Tracking System (CANTS)
17
check of the Department of Children and Family Services' State
18
Central Register, and to initiate a criminal history
19
background check conducted by the Illinois State Police. These
20
required registry checks on employees must be completed at the
21
time of hire and annually thereafter during employment. A
22
person may not be employed if he or she is found to have
23
disqualifying convictions or substantiated cases of abuse or
24
neglect. At the time of the annual registry checks, if a
25
current employee's name has been placed on a registry with
26
disqualifying convictions or disqualifying substantiated cases

SB3434 Enrolled
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LRB104 18138 KTG 31577 b
1
of abuse or neglect, then the employee must be terminated.
2
Disqualifying convictions or disqualifying substantiated cases
3
of abuse or neglect are defined for the Department of Children
4
and Family Services' State Central Register by the Department
5
of Children and Family Services' standards for background
6
checks in Part 385 of Title 89 of the Illinois Administrative
7
Code. Disqualifying convictions or disqualifying substantiated
8
cases of abuse or neglect are defined for the Health Care
9
Worker Registry by the Health Care Worker Background Check Act
10
and the Department's standards for abuse and neglect
11
investigations in Section 1-17 of the Department of Human
12
Services Act.
13

(1) The CANTS check must be submitted to the
14

Department of Children and Family Services and be in the
15

review process prior to the new employee's start date.
16

(2) A new employee may begin employment while the
17

outcome of the CANTS check is pending.
18

(3) CANTS inquiries shall not occur more than 30 days
19

prior to the first day of employment.
20

(c) CANTS or Health Care Worker Registry waiver. In
21
collaboration with the Department of Children and Family
22
Services, the Department of Human Services shall establish a
23
waiver process from the prohibition of employment or
24
termination of employment requirements in subsection (b) for
25
any applicant or employee listed in CANTS. The waiver process
26
for applicants and employees outlined under Section 40 of the

SB3434 Enrolled
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LRB104 18138 KTG 31577 b
1
Health Care Worker Background Check Act shall remain in effect
2
for individuals listed on the Health Care Worker Registry.
3

(d) Reports. In collaboration with the Department of
4
Children and Family Services and that Department's Office of
5
Inspector General, as necessary, the Department of Human
6
Services shall review intake and investigation reports.

7

Section 10.
The Community Services Act is amended by
8
changing Section 2 as follows:

9

(405 ILCS 30/2)

(from Ch. 91 1/2, par. 902)
10

Sec. 2.
Community services system.
Services should be
11
planned, developed, delivered and evaluated as part of a
12
comprehensive and coordinated system. The Department of Human
13
Services shall encourage the establishment of services in each
14
area of the State which cover the services categories
15
described below. What specific services are provided under
16
each service category shall be based on local needs; special
17
attention shall be given to unserved and underserved
18
populations, including children and youth, racial and ethnic
19
minorities, and the elderly. The service categories shall
20
include:
21

(a) Prevention: services designed primarily to reduce
22

the incidence and ameliorate the severity of developmental
23

disabilities, mental illness, and substance use disorders
24

as defined in the Substance Use Disorder Act;

SB3434 Enrolled
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LRB104 18138 KTG 31577 b
1

(b) Client Assessment and Diagnosis: services designed
2

to identify persons with developmental disabilities,
3

mental illness, and substance use disorders; to determine
4

the extent of the disability and the level of functioning;
5

to ensure that the individual's need for treatment of
6

mental disorders or substance use disorders or
7

co-occurring substance use and mental health disorders is
8

determined using a uniform screening, assessment, and
9

evaluation process inclusive of criteria; for purposes of
10

this subsection (b), a uniform screening, assessment, and
11

evaluation process refers to a process that includes an
12

appropriate evaluation and, as warranted, a referral;
13

"uniform" does not mean the use of a singular instrument,
14

tool, or process that all must utilize; information
15

obtained through client evaluation can be used in
16

individual treatment and habilitation plans; to assure
17

appropriate placement and to assist in program evaluation;
18

(c) Case Coordination: services to provide information
19

and assistance to persons with disabilities to ensure that
20

they obtain needed services provided by the private and
21

public sectors; case coordination services should be
22

available to individuals whose functioning level or
23

history of institutional recidivism or long-term care
24

indicate that such assistance is required for successful
25

community living;
26

(d) Crisis and Emergency: services to assist

SB3434 Enrolled
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LRB104 18138 KTG 31577 b
1

individuals and their families through crisis periods, to
2

stabilize individuals under stress and to prevent
3

unnecessary institutionalization;
4

(e) Treatment, Habilitation and Support: services
5

designed to help individuals develop skills which promote
6

independence and improved levels of social and vocational
7

functioning and personal growth; and to provide
8

non-treatment support services which are necessary for
9

successful community living;
10

(f) Community Residential Alternatives to
11

Institutional Settings: services to provide living
12

arrangements for persons unable to live independently; the
13

level of supervision, services provided and length of stay
14

at community residential alternatives will vary by the
15

type of program and the needs and functioning level of the
16

residents; other services may be provided in a community
17

residential alternative which promote the acquisition of
18

independent living skills and integration with the
19

community.
20

(g) Community Day Services or CDS: a Home and
21

Community-Based Waiver day program that is certified by
22

the Department. Community day services provide assistance
23

with gaining, maintaining, or improving skills and
24

functioning to individuals with developmental
25

disabilities. Services can reinforce skills or strategies
26

taught in other settings and may include training and

SB3434 Enrolled
- 11 -
LRB104 18138 KTG 31577 b
1

supports to help prevent or slow the loss of skills.
2

Community day services take place in a non-residential
3

setting, separate from the individual's residential
4

setting, whether individually owned, controlled, or
5

otherwise. Community day services can be provided in a
6

site certified by the Department (site-based CDS) or in
7

community locations where members of the general community
8

typically congregate (non-site-based CDS). CDS activities
9

shall promote greater independence and support full access
10

to the general community to the same degree as persons not
11

receiving Home and Community-Based Waiver services.

12
(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19
.)

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