SB3434: DHS-COMMUNITY DAY SERVICES

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 - 2 - 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 - 3 - 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 - 4 - 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 - 5 - 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 - 6 - 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 - 7 - 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 - 8 - 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 - 9 - 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 - 10 - 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 .)