Illinois Compiled Statutes
Chapter 210 - HEALTH FACILITIES AND REGULATION
210 ILCS 42/ - Continuum of Care Services for the Developmentally Disabled Act.

(210 ILCS 42/1)
Sec. 1. Short title. This Act may be cited as the Continuum of Care Services for the Developmentally Disabled Act.

(Source: P.A. 99-892, eff. 1-1-17.)
 
(210 ILCS 42/5)
Sec. 5. Purpose. The purpose of this Act is to authorize a new type of license for organizations providing services to individuals with developmental disabilities to be known as a continuum of care license; to define the requirements for a continuum of care facility to receive and maintain such a license; to establish a process for the development of an alternative budget-neutral reimbursement mechanism for such a facility; and to authorize a request to the federal government for a waiver pursuant to the federal Social Security Act.



(Source: P.A. 99-892, eff. 1-1-17.)
 
(210 ILCS 42/10)
Sec. 10. Definitions. As used in this Act, unless the context requires otherwise:
"Applicable requirements of law" means State and federal statutes, rules, regulations, and guidance, as such may from time to time be amended or revised, governing the rights, protections, and services, including reimbursement for such services, afforded to individuals with developmental disabilities.
"Campus group home" means a residential facility meeting the requirements of Section 30 of this Act and operated as part of a continuum of care facility licensed under this Act.
"Continuum of care facility" means a legally incorporated entity that provides a comprehensive range of programs, services, and supports for adults with developmental disabilities, positioned at a central geographic campus facility, and including all of the following:
"Continuum of care license" means a license issued to a continuum of care facility in accordance with the terms of this Act.
"Continuum of care plan" means a formal, written plan meeting the requirements of Section 25 of this Act.
"Facility constituent elements" means the particular, discrete programs, services, and supports delineated in the definition of "continuum of care facility" and provided collectively by the facility.



(Source: P.A. 99-892, eff. 1-1-17.)
 
(210 ILCS 42/15)
Sec. 15. Powers and duties. The Secretary of Human Services, acting in consultation and coordination as necessary with the Director of Public Health and the Director of Healthcare and Family Services, shall, within 12 months after the effective date of this Act, establish a system of licensure for continuum of care facilities, in accordance with this Act, for the following purposes:
(Source: P.A. 99-892, eff. 1-1-17.)
 
(210 ILCS 42/20)
Sec. 20. Licensing standards. The Secretary of Human Services shall, within 12 months after the effective date of this Act, file rules establishing standards for licensing of continuum of care facilities under a single license. These rules shall ensure that an applicant for licensure:
(Source: P.A. 99-892, eff. 1-1-17.)
 
(210 ILCS 42/25)
Sec. 25. Continuum of care plan. An applicant for a continuum of care license shall submit to the Secretary of Human Services, in such form and manner as the Secretary of Human Services shall require, a continuum of care plan that demonstrates how the applicant will:
(Source: P.A. 99-892, eff. 1-1-17.)
 
(210 ILCS 42/30)
Sec. 30. Applicable requirements. The Secretary of Human Services, acting as appropriate through or in coordination with the Director of Public Health, shall in licensing a continuum of care facility ensure the following:
A continuum of care license may be issued to a continuum of care facility upon the adoption of the rules provided for in Section 20 of this Act.


(Source: P.A. 99-892, eff. 1-1-17.)
 
(210 ILCS 42/35)
Sec. 35. Existing and future programs and services.
(a) To the extent necessary to carry out the purposes of this Act and to maintain eligibility for reimbursement for services under applicable State and federal programs, including Title XIX of the federal Social Security Act, facility constituent elements of an entity licensed as a continuum of care facility may be considered to be licensed pursuant to the otherwise applicable requirements of law as set forth in Section 30 of this Act.
(b) In the event that a continuum of care facility ceases to retain licensure as a continuum of care facility, facility constituent elements that meet all otherwise applicable requirements of law with respect to such element as set forth in Section 30 of this Act shall be deemed to be licensed pursuant to such requirements.
(c) Residents of campus group homes and community-integrated living arrangements that are facility constituent elements shall continue to be beneficiaries of and have the rights and protections provided to residents of ID/DD facilities and community-integrated living arrangements, respectively, under the consent decree entered by the United States District Court for the Northern District of Illinois in the matter of Ligas v. Hamos, No. 1:05-CV-4331 on June 15, 2011 (Ligas).

While the consent decree in Ligas remains in effect, members of the class in Ligas residing in ID/DD facilities on June 15, 2011 may move to community-integrated living arrangements as they choose to do so; members of the class in Ligas admitted to ID/DD facilities after June 15, 2011 must enroll on the Prioritization of Urgency of Need for Services waiting list and be selected for community-integrated living arrangements services prior to moving.
(d) A continuum of care licensee shall be permitted to add new facility constituent elements under its license provided that it demonstrates a need for the new facility constituent elements and that the facility constituent elements meet all applicable requirements of law.


(Source: P.A. 99-892, eff. 1-1-17.)
 
(210 ILCS 42/40)
Sec. 40. Reimbursement rules. The Secretary of Human Services and the Director of Healthcare and Family Services shall:
(Source: P.A. 99-892, eff. 1-1-17.)
 
(210 ILCS 42/45)
Sec. 45. (Amendatory provisions; text omitted).

(Source: P.A. 99-892, eff. 1-1-17; text omitted.)

Structure Illinois Compiled Statutes