SB 3753

Abstract

Amends the Mental Health and Developmental Disabilities Code. Provides that the Division of Developmental Disabilities of the Department of Human Services may impose progressive sanctions, excluding a situation in which a recipient of services is placed at immediate risk of harm, on providers that fail to comply with conditions specified by rule, contract, or policy as determined by the Division. Provides that sanctions include, but are not limited to, payment suspension, loss of payment, enrollment limitations including admission holds, or other actions up to and including contract termination. Provides that a service provider receiving a sanction may appeal the sanction in writing to the Department of Healthcare and Family Services within 30 days after receipt of the sanction. Senate Committee Amendment No. 1 Deletes reference to: 405 ILCS 5/Ch. IV Art. VIII heading new 405 ILCS 5/4-800 new Adds reference to: 20 ILCS 1705/8.1 new 405 ILCS 5/Ch. IV Art. VII heading new 405 ILCS 5/4-7.100 new 405 ILCS 5/7-101 new Replaces everything after the enacting clause. Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that any individual admitted to a State-operated facility for persons with developmental disabilities must meet the following criteria in order to be approved for admission: (1) the individual must have received or attempted to receive community-based services and supports; (2) the individual must meet the intermediate care facility level of care definition; and (3) the individual must meet all clinical eligibility requirements. Provides that upon admission to a State-operated facility for persons with developmental disabilities, the facility shall complete at least annual reviews of a person's clinical need for continued services to determine if needs are able to be met in a less restrictive setting. Comprehensive and integrated assessments shall be used to assist in determining what level of care and services are most appropriate to meet the individual's needs. Provides that all individuals shall have the right to know their options for supports and shall be provided the opportunity to learn about the full spectrum of care, including the range of possible living environments available through State-operated facilities or case management agencies, or both. Amends the Mental Health and Developmental Disabilities Code. Provides that the Department of Human Services may impose progressive sanctions on providers that fail to comply with conditions specified by rule, contract, or policy as determined by the Department. Sanctions include, but are not limited to, payment suspension, loss of payment, enrollment limitations, including admission holds, removal of an individual or individuals currently served, or other actions up to and including contract termination, certification revocation, or licensure revocation. Provides that, in situations where a recipient of services is placed at imminent risk of harm, steps to ensure the safety of individuals and any provider sanctions shall be taken expeditiously and not progressively. Provides that a service provider receiving a sanction may appeal the sanction in writing to the Department of Human Services within 30 days after receipt of the sanction. Provides that the Department shall adopt rules as necessary to implement these provisions. Senate Floor Amendment No. 2 Deletes reference to: 405 ILCS 5/Ch. IV Art. VII heading new 405 ILCS 5/4-700 new 405 ILCS 5/7-101 new Adds reference to: 405 ILCS 5/Ch. IV Art. VIII heading new 405 ILCS 5/4-800 new 405 ILCS 5/4-801 new Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1. Makes technical changes. In the amendatory changes to the Mental Health and Developmental Disabilities Code, provides that a service provider that has received a sanction may appeal the sanction in writing to the Department of Healthcare and Family Services (rather than the Department of Human Services). Provides that the Department of Human Services and the Department of Healthcare and Family Services shall adopt rules as necessary to implement this provision. House Floor Amendment No. 2 Adds reference to: 405 ILCS 5/4-302 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill. In the amendatory changes to the Mental Health and Developmental Disabilities Administrative Act, provides that for an individual or guardian, or both, if applicable, seeking admission for the individual to a State-operated facility for persons with developmental disabilities, the individual and the individual's guardian, as applicable, must have received, attempted to receive, or received education regarding community-based services and supports. In the amendatory changes to the Mental Health and Developmental Disabilities Code, provides that after an informal review of a discharge by the Department of Human Services Division of Developmental Disabilities, a provider may request a reconsideration of the decision, to the Department of Human Services Division of Developmental Disabilities. Provides that the reconsideration request must be received within 10 working days after the provider receives the written notification, following the informal review decision from the Department of Human Services Division of Developmental Disabilities. Deletes a provision that the Department of Healthcare and Family Services shall adopt rules as necessary to implement these provisions. Makes technical changes.