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Illinois General Assembly· SB 3434Governor Approved

DHS-COMMUNITY DAY SERVICES, the official text

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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
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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
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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
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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
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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
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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
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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.)
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