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| | SB3753 Engrossed | - 2 - | LRB103 39458 RLC 69652 b |
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1 | | persons with developmental disabilities, the facility shall |
2 | | complete at least annual reviews of the individual's clinical |
3 | | need for continued services in order to determine if these |
4 | | needs are able to be met in a less restrictive setting. |
5 | | Comprehensive and integrated assessments shall be used to |
6 | | assist in determining the level of care and services most |
7 | | appropriate to meet the individual's needs. |
8 | | (c) All individuals shall have the right to know their |
9 | | options for supports and shall be provided the opportunity to |
10 | | learn about the full spectrum of care, including the range of |
11 | | possible living environments available as provided by |
12 | | entities, including, but not limited to, State-operated |
13 | | facilities and case management agencies. If an individual |
14 | | indicates that the individual would like to move to a less |
15 | | restrictive environment, activities to explore and take steps |
16 | | regarding the range of options shall be provided to the |
17 | | individual and guardian, if applicable. The interdisciplinary |
18 | | team shall assist the individual and guardian, if applicable, |
19 | | to identify placements that are able to meet the individual's |
20 | | needs, excluding when there are severe safety concerns |
21 | | identified by the interdisciplinary team that cannot be easily |
22 | | mitigated with interventions that are commonly used in the |
23 | | community. |
24 | | An individual's support plan shall include services to |
25 | | address identified needs if the individual is clinically |
26 | | determined to no longer meet the intermediate care facility |
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| | SB3753 Engrossed | - 3 - | LRB103 39458 RLC 69652 b |
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1 | | level of care, or be at risk of harm to the individual or |
2 | | others. Thoughtful transition planning shall take place to |
3 | | assist with finding a less restrictive environment of the |
4 | | individual's choosing, and guardian's choosing, if applicable.
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5 | | Section 10. The Mental Health and Developmental |
6 | | Disabilities Code is amended by adding Article VIII to Chapter |
7 | | IV as follows:
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8 | | (405 ILCS 5/Ch. IV Art. VIII heading new) |
9 | | ARTICLE VIII. SERVICE PROVIDER SANCTIONS
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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 may impose progressive sanctions on |
13 | | providers that fail to comply with conditions specified by |
14 | | rule, or contract agreement, as determined by the Department. |
15 | | Sanctions include, but are not limited to, payment suspension, |
16 | | loss of payment, enrollment limitations, admission holds, |
17 | | removal of individuals currently served, or other actions up |
18 | | to and including contract termination, certification |
19 | | revocation, or licensure revocation. In situations in which |
20 | | recipients of services are placed at imminent risk of harm, |
21 | | steps to ensure the safety of individuals and any provider |
22 | | sanctions shall be taken expeditiously and not progressively. |
23 | | A service provider that has received a sanction may appeal the |