HB 5356 — CILA-HLTH CARE WRKR BACKGROUND

*LRB09518320DRJ44404b* HB5356 95THEngrossed GENERALLRB095 ASSEMBLY18320 StateDRJ of44404 Illinoisb andAN 2008ACT HB5356concerning byregulation. Rep.

Lou Lang SYNOPSIS AS INTRODUCED:

ILCS 135/4 from Ch.

91 1/2, par.

1704 Amends the Community-Integrated Living Arrangements Licensure and Certification Act.

Provides that as a condition of being licensed by the Department as a community mental health or developmental services agency under the Act, the agency shall certify to the Department that the agency Check Act.

Effective immediately.e with the Health Care Worker Background LRB095 18320 DRJ 44404 b A BILL FOR HB5356 LRB095 18320 DRJ 44404 b AN ACT concerning regulation.

(2) Insuring that recipients’ rights are protected and that all programs provided to and placements arranged for recipients HB5356 Engrossed - 2 - LRB095 18320 DRJ 44404 b comply with this Act, the Mental Health and Developmental Disabilities Code, and applicable Department rules and regulations;

(d) An applicant for licensure as a community mental health HB5356 Engrossed - 3 - LRB095 18320 DRJ 44404 b or developmental services agency under this Act shall submit an application pursuant to the application process established by the Department by rule and shall pay an application fee in an amount established by the Department, which amount shall not be more than $200.

Each HB5356 Engrossed - 4 - LRB095 18320 DRJ 44404 b notice of violation shall be prepared in writing and shall specify the nature of the violation, the statutory provision or rule alleged to have been violated, and that the licensee submit a plan of correction to the Department if required.

(i) Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly.

If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly’s discretion.

Nothing contained in this HB5356 Engrossed - 5 - LRB095 18320 DRJ 44404 b amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given.

For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.