HB 5471

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Full Text of HB5471
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	HB5471 - 104th General Assembly
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		HB5471 Enrolled		LRB104 19575 BAB 33023 b
1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Community-Integrated Living Arrangements
5Licensure and Certification Act is amended by changing Section
64 as follows:
7    (210 ILCS 135/4)  (from Ch. 91 1/2, par. 1704)
8    Sec. 4. (a) Any community developmental services agency
9who wishes to develop and support a variety of
10community-integrated living arrangements may do so pursuant to
11a license issued by the Department under this Act. However,
12programs established under or otherwise subject to the Child
13Care Act of 1969, the Nursing Home Care Act, the Specialized
14Mental Health Rehabilitation Act of 2013, the ID/DD Community
15Care Act, or the MC/DD Act, as now or hereafter amended, shall
16remain subject thereto, and this Act shall not be construed to
17limit the application of those Acts.
18    (b) The system of licensure established under this Act
19shall 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;
		HB5471 Enrolled	- 2 -	LRB104 19575 BAB 33023 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
11assurance unit within the Department which shall be
12administratively independent of units responsible for funding
13of agencies or community services.
14    (c) As a condition of being licensed by the Department as a
15community developmental services agency under this Act, the
16agency 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.
		HB5471 Enrolled	- 3 -	LRB104 19575 BAB 33023 b
1    (c-5) Each developmental services agency licensed under
2this Act shall submit an annual report to the Department, as a
3contractual requirement between the Department and the
4developmental services agency, certifying that all
5legislatively or administratively mandated wage increases to
6benefit workers are passed through in accordance with the
7legislative or administrative mandate. The Department shall
8determine the manner and form of the annual report.
9    (d) An applicant for licensure as a community
10developmental services agency under this Act shall submit an
11application pursuant to the application process established by
12the Department by rule and shall pay an application fee in an
13amount established by the Department, which amount shall not
14be more than $200.
15    (e) If an applicant meets the requirements established by
16the Department to be licensed as a community developmental
17services agency under this Act, after payment of the licensing
18fee, the Department shall issue a license valid for 2 [3] years
19from the date thereof unless suspended or revoked by the
20Department or voluntarily surrendered by the agency.
21    (f) Upon application to the Department, the Department may
22issue a temporary permit to an applicant for up to a 2-year
23period to allow the holder of such permit reasonable time to
24become eligible for a license under this Act.
25    (g)(1) The Department may conduct site visits to an agency
26licensed under this Act, or to any program or placement
		HB5471 Enrolled	- 4 -	LRB104 19575 BAB 33023 b
1certified by the agency, and inspect the records or premises,
2or both, of such agency, program or placement as it deems
3appropriate, for the purpose of determining compliance with
4this Act, the Mental Health and Developmental Disabilities
5Code, and applicable Department rules and regulations. The
6Department shall conduct inspections of the records and
7premises of each community-integrated living arrangement
8certified under this Act at least once every 2 years.
9    (2) If the Department determines that an agency licensed
10under this Act is not in compliance with this Act or the rules
11and regulations promulgated under this Act, the Department
12shall serve a notice of violation upon the licensee. Each
13notice of violation shall be prepared in writing and shall
14specify the nature of the violation, the statutory provision
15or rule alleged to have been violated, and that the licensee
16submit a plan of correction to the Department if required. The
17notice shall also inform the licensee of any other action
18which the Department might take pursuant to this Act and of the
19right to a hearing.
20    (g-5) As determined by the Department, a disproportionate
21number or percentage of licensure complaints; a
22disproportionate number or percentage of substantiated cases
23of abuse, neglect, or exploitation involving an agency; an
24apparent unnatural death of an individual served by an agency;
25any egregious or life-threatening abuse or neglect within an
26agency; or any other significant event as determined by the
		HB5471 Enrolled	- 5 -	LRB104 19575 BAB 33023 b
1Department shall initiate a review of the agency's license by
2the Department, as well as a review of its service agreement
3for funding. The Department shall adopt rules to establish the
4process by which the determination to initiate a review shall
5be made and the timeframe to initiate a review upon the making
6of such determination.
7    (h) Upon the expiration of any license issued under this
8Act, a license renewal application shall be required of and a
9license renewal fee in an amount established by the Department
10shall be charged to a community developmental services agency,
11provided that such fee shall not be more than $200.
12    (i) A public or private agency, association, partnership,
13corporation, or organization that has had a license revoked
14under subsection (b) of Section 6 of this Act may not apply for
15or possess a license under a different name.
16(Source: P.A. 104-270, eff. 8-15-25.)