HB1683 EnrolledLRB098 09601 HLH 39747 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5i as follows:
 
6    (30 ILCS 105/5i new)
7    Sec. 5i. Closure of State mental health facilities or
8developmental disabilities facilities. Consistent with the
9provisions of Sections 4.4 and 4.5 of the Community Services
10Act, whenever a State mental health facility operated by the
11Department of Human Services or a State developmental
12disabilities facility operated by the Department of Human
13Services is closed, the Department of Human Services, at the
14direction of the Governor, shall transfer funds from the closed
15facility to the appropriate line item providing appropriation
16authority for the new venue of care to facilitate the
17transition of services to the new venue of care, provided that
18the new venue of care is a Department of Human Services funded
19provider or facility.
20    As used in this Section, the terms "mental health facility"
21and "developmental disabilities facility" have the meanings
22ascribed to those terms in the Mental Health and Developmental
23Disabilities Code.
 

 

 

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1    Section 10. The Community Services Act is amended by
2changing Section 4.6 as follows:
 
3    (405 ILCS 30/4.6)
4    Sec. 4.6. Closure and sale of State mental health or
5developmental disabilities facility.
6    (a) Whenever a State mental health facility operated by the
7Department of Human Services is closed and the real estate on
8which the facility is located is sold by the State, then, to
9the extent that net proceeds are realized from the sale of that
10real estate, those net proceeds must be directed toward
11providing other services and supports for persons with mental
12health needs. To that end, those net proceeds shall be
13deposited into the Community Mental Health Medicaid Trust Fund.
14    (b) Whenever a State developmental disabilities facility
15operated by the Department of Human Services is closed and the
16real estate on which the facility is located is sold by the
17State, then, to the extent that net proceeds are realized from
18the sale of that real estate, those net proceeds must be
19directed toward providing other services and supports for
20persons with developmental disabilities needs. To that end,
21those net proceeds shall be deposited into the Community
22Developmental Disability Services Medicaid Trust Fund.
23    (c) In determining whether any net proceeds are realized
24from a sale of real estate described in subsection (a) or (b),

 

 

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1the Division of Developmental Disabilities and the Division of
2Mental Health of the Department of Human Services shall each
3determine the money, if any, that shall be made available to
4ensure that life, safety, and care concerns, including
5infrastructure, are addressed so as to provide for persons with
6developmental disabilities or mental illness at the remaining
7respective State-operated facilities that will be expected to
8serve the individuals previously served at the closed facility.
9    (d) The purposes for which the net proceeds from a sale of
10real estate as provided in this Section may be used include,
11but are not limited to, the following:
12        (1) Providing for individuals with developmental
13    disabilities and mental health needs the services and
14    supports described in subsection (e) of Section 4.4.
15        (2) In the case of the closure of a mental health
16    facility, the construction of a new facility to serve the
17    needs of persons with mental health needs.
18        (3) In the case of the closure of a developmental
19    disabilities facility, construction of a new facility to
20    serve the needs of persons with developmental disabilities
21    needs.
22    (e) Whenever any net proceeds are realized from a sale of
23real estate as provided in this Section, the Department of
24Human Services shall share and discuss its plan or plans for
25using those net proceeds with advocates, advocacy
26organizations, and advisory groups whose mission includes

 

 

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1advocacy for persons with developmental disabilities or
2persons with mental illness.
3    (f) Consistent with the provisions of Sections 4.4 and 4.5
4of this Act, whenever a State mental health facility operated
5by the Department of Human Services is closed, the Department
6of Human Services, at the direction of the Governor, shall
7transfer funds from the closed facility to the appropriate line
8item providing appropriation authority for the new venue of
9care to facilitate the transition of services to the new venue
10of care, provided that the new venue of care is a Department of
11Human Services funded provider or facility.
12    (g) As used in this Section, the term "mental health
13facility" has the meaning ascribed to that term in the Mental
14Health and Developmental Disabilities Code.
15(Source: P.A. 96-660, eff. 8-25-09; 96-1000, eff. 7-2-10.)