SB3753*LRB10339458RLC70739a* EnrolledSen. LRB103 39458 RLC 69652 b AN ACT concerning health.

BeLaura itFine enactedFiled: by the People of the State of Illinois, represented in the General Assembly:

Section3/8/2024 5.10300SB3753sam001 LRB103 39458 RLC 70739 a AMENDMENT TO SENATE BILL 3753 AMENDMENT NO.

______.

Amend Senate Bill 3753 by replacing everything after the enacting clause with the following:

"Section 5.

(a) ForAny any individual oradmitted guardian, or both, if applicable, seeking admission for the individual to a State-operated facility for persons with developmental disabilities the individual must meet the following criteria in order to be approved for admission:

(1) the individual ismust athave leastreceived 18or yearsattempted ofto age;receive community-based services and supports;

(2) the individual andmust meet the individual'sintermediate guardian,care asfacility applicable,level haveof received,care attempteddefinition; to receive, or received education regarding community-based services and supports;

(3)and the10300SB3753sam001 individual-2- meetsLRB103 39458 RLC 70739 a (3) the intermediateindividual caremust facilitymeet levelall ofclinical careeligibility definition;requirements.

and(b) (4)Upon admission to a State-operated facility for persons with developmental disabilities, the individualfacility meetsshall allcomplete clinicalat eligibilityleast requirementsannual includingreviews havingof ana intellectualperson's disabilityclinical SB3753need Enrolledfor -continued 2services -to LRB103determine 39458if RLCneeds 69652are bable asto definedbe met in thisa Act.less restrictive setting.

(b) Upon admission to a State-operated facility for persons with developmental disabilities, the facility shall complete at least annual reviews of the individual's clinical need for continued services in order to determine if these needs are able to be met in a less restrictive setting.

(c) 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 asthrough provided by entities, including, but not limited to, State-operated facilitiesfacilities, and case management agencies.agencies, or both.

If an individual indicates that the individual would like to move to a less restrictive environment, activities to explore and take steps regarding the range of options shall be providedprovided. to the individual and guardian, if applicable.

(d) An individual's support plan shall includeprovide services to SB3753 Enrolled - 3 - LRB103 39458 RLC 69652 b address those identified needs ifwhen the individual is clinically determined to no longer meet10300SB3753sam001 the-3- intermediateLRB103 care39458 facilityRLC level70739 ofa care,is orclinically bedetermined at risk of harm to thebe individuala orrisk. others.

Thoughtful transition planning shall take place to assist with finding a less restrictive environment of the individual's choosing,choosing. and guardian's choosing, if applicable.

The Mental Health and Developmental Disabilities Code is amended by changing Section 4-302 and by adding Article VIIIVII to Chapter IV as follows:

VIIIVII heading new) ARTICLE VIII.VII.

SERVICE PROVIDER SANCTIONS (405 ILCS 5/4-302)5/4-7.100 (fromnew) Ch.Sec.

914-7.100. 1/2, par.

4-302)Provider Sec.sanctions and fair hearings.

4-302.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.

ASanctions personinclude, withbut aare developmentalnot disabilitylimited mayto, bepayment administrativelysuspension, admittedloss toof apayment, facilityenrollment uponlimitations, applicationincluding ifadmission theholds, facilityremoval director of theindividuals facilitycurrently determinesserved, thator theother personactions heup isto suitableand forincluding admission.contract termination, certification revocation, or licensure revocation.

AIn personsituations 18where yearsa recipient of ageservices oris older,placed ifat theimminent personrisk heof hasharm, thesteps capacity,to orensure the person'ssafety hisof guardian,individuals ifand heany isprovider authorizedsanctions byshall thebe guardianshiptaken orderexpeditiously ofand thenot Circuitprogressively. Court, may execute an application for administrative admission.

ApplicationA mayservice beprovider executedreceiving for a personsanction undermay 18appeal years of age by the person'ssanction his parent, guardian, or person in locowriting parentis pursuant to the IntermediateDepartment Careof forHuman the10300SB3753sam001 Developmentally-4- Disabled Facilities SB3753 Enrolled - 4 - LRB103 39458 RLC 6965270739 ba CodeServices authorizedwithin under30 thedays ID/DDafter Communityreceipt Careof Act.the sanction.

(Source:

P.A.

88-380.) (405 ILCS 5/4-800 new) Sec.

4-800.

Provider sanctions and appeals.

The Department of Human Services Division of Developmental Disabilities may impose progressive sanctions on providers that fail to comply with conditions specified by rule, or contract agreement, as determined by the Department.

Sanctions include, but are not limited to, payment suspension, loss of payment, enrollment limitations, admission holds, removal of individuals currently served, or other actions up to and including contract termination, certification revocation, or licensure revocation.

In situations in which recipients of services are placed at imminent risk of harm, steps to ensure the safety of individuals and any provider sanctions shall be taken expeditiously and not progressively.

A service provider that has received a sanction may appeal the sanction in writing to the Department of Healthcare and Family Services within 30 days of receipt of the sanction.

Steps to ensure the safety of individuals may be taken regardless of a service provider appeal.

(405 ILCS 5/4-8015/7-101 new) Sec.

4-801.7-101.

Provider dischargeappeals reconsiderationand requests.fair hearings.

SB3753 Enrolled - 5 - LRB103 39458 RLC 69652 b After an informal review of a discharge by the Department of Human ServicesServices, Division of Developmental Disabilities, a provider may requestappeal a reconsideration of the decision,decision to the Department of HumanHealthcare Servicesand DivisionFamily ofServices. Developmental Disabilities.

The reconsiderationappeal request must be received within 10 working days after the provider receives the written notification, following the informal review decision from the DepartmentDepartment. of Human Services Division of Developmental Disabilities.