Bill Amendment: IL SB3753 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: MHDD CD-PROGRESSIVE SANCTIONS
Status: 2024-05-17 - Third Reading/Final Action Deadline Extended-9(b) May 24, 2024 [SB3753 Detail]
Download: Illinois-2023-SB3753-House_Amendment_001.html
Bill Title: MHDD CD-PROGRESSIVE SANCTIONS
Status: 2024-05-17 - Third Reading/Final Action Deadline Extended-9(b) May 24, 2024 [SB3753 Detail]
Download: Illinois-2023-SB3753-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 3753 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 3753 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Mental Health and Developmental | ||||||
5 | Disabilities Administrative Act is amended by adding Section | ||||||
6 | 8.1 as follows:
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7 | (20 ILCS 1705/8.1 new) | ||||||
8 | Sec. 8.1. Admission to State-operated facilities for | ||||||
9 | persons with developmental disabilities. | ||||||
10 | (a) For any individual or guardian, or both, if | ||||||
11 | applicable, seeking admission for the individual to a | ||||||
12 | State-operated facility for persons with developmental | ||||||
13 | disabilities the individual must meet the following criteria | ||||||
14 | in order to be approved for admission: | ||||||
15 | (1) the individual is at least 18 years of age; | ||||||
16 | (2) the individual and the individual's guardian, as |
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1 | applicable, have received, attempted to receive, or | ||||||
2 | received education regarding community-based services and | ||||||
3 | supports; | ||||||
4 | (3) the individual meets the intermediate care | ||||||
5 | facility level of care definition; and | ||||||
6 | (4) the individual meets all clinical eligibility | ||||||
7 | requirements including having an intellectual disability | ||||||
8 | as defined in this Act. | ||||||
9 | (b) Upon admission to a State-operated facility for | ||||||
10 | persons with developmental disabilities, the facility shall | ||||||
11 | complete at least annual reviews of the individual's clinical | ||||||
12 | need for continued services in order to determine if these | ||||||
13 | needs are able to be met in a less restrictive setting. | ||||||
14 | Comprehensive and integrated assessments shall be used to | ||||||
15 | assist in determining the level of care and services most | ||||||
16 | appropriate to meet the individual's needs. | ||||||
17 | (c) All individuals shall have the right to know their | ||||||
18 | options for supports and shall be provided the opportunity to | ||||||
19 | learn about the full spectrum of care, including the range of | ||||||
20 | possible living environments available as provided by | ||||||
21 | entities, including, but not limited to, State-operated | ||||||
22 | facilities and case management agencies. If an individual | ||||||
23 | indicates that the individual would like to move to a less | ||||||
24 | restrictive environment, activities to explore and take steps | ||||||
25 | regarding the range of options shall be provided to the | ||||||
26 | individual and guardian, if applicable. The interdisciplinary |
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1 | team shall assist the individual and guardian, if applicable, | ||||||
2 | to identify placements that are able to meet the individual's | ||||||
3 | needs, excluding when there are severe safety concerns | ||||||
4 | identified by the interdisciplinary team that cannot be easily | ||||||
5 | mitigated with interventions that are commonly used in the | ||||||
6 | community. | ||||||
7 | An individual's support plan shall include services to | ||||||
8 | address identified needs if the individual is clinically | ||||||
9 | determined to no longer meet the intermediate care facility | ||||||
10 | level of care, or be at risk of harm to the individual or | ||||||
11 | others. Thoughtful transition planning shall take place to | ||||||
12 | assist with finding a less restrictive environment of the | ||||||
13 | individual's choosing, and guardian's choosing, if applicable.
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14 | Section 10. The Mental Health and Developmental | ||||||
15 | Disabilities Code is amended by changing Section 4-302 and by | ||||||
16 | adding Article VIII to Chapter IV as follows:
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17 | (405 ILCS 5/Ch. IV Art. VIII heading new) | ||||||
18 | ARTICLE VIII. SERVICE PROVIDER SANCTIONS | ||||||
19 | (405 ILCS 5/4-302) (from Ch. 91 1/2, par. 4-302) | ||||||
20 | Sec. 4-302. A person with a developmental disability may | ||||||
21 | be administratively admitted to a facility upon application if | ||||||
22 | the facility director of the facility determines that the | ||||||
23 | person he is suitable for admission. A person 18 years of age |
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1 | or older, if the person he has the capacity, or the person's | ||||||
2 | his guardian, if he is authorized by the guardianship order of | ||||||
3 | the Circuit Court, may execute an application for | ||||||
4 | administrative admission. Application may be executed for a | ||||||
5 | person under 18 years of age by the person's his parent, | ||||||
6 | guardian, or person in loco parentis pursuant to the | ||||||
7 | Intermediate Care for the Developmentally Disabled Facilities | ||||||
8 | Code authorized under the ID/DD Community Care Act . | ||||||
9 | (Source: P.A. 88-380.)
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10 | (405 ILCS 5/4-800 new) | ||||||
11 | Sec. 4-800. Provider sanctions and appeals. The Department | ||||||
12 | of Human Services Division of Developmental Disabilities may | ||||||
13 | impose progressive sanctions on providers that fail to comply | ||||||
14 | with conditions specified by rule, or contract agreement, as | ||||||
15 | determined by the Department. Sanctions include, but are not | ||||||
16 | limited to, payment suspension, loss of payment, enrollment | ||||||
17 | limitations, admission holds, removal of individuals currently | ||||||
18 | served, or other actions up to and including contract | ||||||
19 | termination, certification revocation, or licensure | ||||||
20 | revocation. In situations in which recipients of services are | ||||||
21 | placed at imminent risk of harm, steps to ensure the safety of | ||||||
22 | individuals and any provider sanctions shall be taken | ||||||
23 | expeditiously and not progressively. A service provider that | ||||||
24 | has received a sanction may appeal the sanction in writing to | ||||||
25 | the Department of Healthcare and Family Services within 30 |
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1 | days of receipt of the sanction. Steps to ensure the safety of | ||||||
2 | individuals may be taken regardless of a service provider | ||||||
3 | appeal. The Department shall adopt rules as necessary to | ||||||
4 | implement this Section.
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