98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5481

 

Introduced , by Rep. Charles E. Meier

 

SYNOPSIS AS INTRODUCED:
 
405 ILCS 30/4.6

    Amends the Community Services Act. Provides that the Department of Human Services shall for a 6-month period from the effective date of the amendatory Act observe and track the progress of former residents of the Jacksonville Developmental Center who were removed from that facility after January 1, 2012. Provides that after the 6-month observation and tracking period, the Department of Human Services shall submit a report to the General Assembly that describes: (1) the new venues of care for the former residents of the Jacksonville Developmental Center; (2) costs to the Department of Human Services as a result of the closure of the Jacksonville Developmental Center; (3) cost savings or increases to the Department of Human Services due to the new venues of care for the former residents of the Jacksonville Developmental Center; and (4) the injuries or deaths to former residents of the Jacksonville Developmental Center in their new venues of care. Provides that the report must be submitted to the General Assembly within one year after the effective date of the amendatory Act. Provides that from the effective date of the amendatory Act until 3 months after the filing of the report with the General Assembly, the Department of Human Services may not remove a resident from any State-operated developmental center without the consent of the resident of the center or the guardian of that resident. Effective immediately.


LRB098 17982 RLC 53107 b

 

 

A BILL FOR

 

HB5481LRB098 17982 RLC 53107 b

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

 

 

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

 

 

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1real estate as provided in this Section, the Department of
2Human Services shall share and discuss its plan or plans for
3using those net proceeds with advocates, advocacy
4organizations, and advisory groups whose mission includes
5advocacy for persons with developmental disabilities or
6persons with mental illness.
7    (f) Consistent with the provisions of Sections 4.4 and 4.5
8of this Act, whenever a State mental health facility operated
9by the Department of Human Services is closed, the Department
10of Human Services, at the direction of the Governor, shall
11transfer funds from the closed facility to the appropriate line
12item providing appropriation authority for the new venue of
13care to facilitate the transition of services to the new venue
14of care, provided that the new venue of care is a Department of
15Human Services funded provider or facility.
16    (g) As used in this Section, the term "mental health
17facility" has the meaning ascribed to that term in the Mental
18Health and Developmental Disabilities Code.
19    (h) The Department of Human Services shall for a 6-month
20period from the effective date of this amendatory Act of the
2198th General Assembly observe and track the progress of former
22residents of the Jacksonville Developmental Center who were
23removed from that facility after January 1, 2012. After the
246-month observation and tracking period, the Department of
25Human Services shall submit a report to the General Assembly
26that describes:

 

 

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1        (1) the new venues of care for the former residents of
2    the Jacksonville Developmental Center;
3        (2) costs to the Department of Human Services as a
4    result of the closure of the Jacksonville Developmental
5    Center;
6        (3) cost savings or increases to the Department of
7    Human Services due to the new venues of care for the former
8    residents of the Jacksonville Developmental Center; and
9        (4) the injuries or deaths to former residents of the
10    Jacksonville Developmental Center in their new venues of
11    care.
12    The report must be submitted to the General Assembly within
13one year after the effective date of this amendatory Act of the
1498th General Assembly.
15    From the effective date of this amendatory Act of the 98th
16General Assembly until 3 months after the filing of the report
17with the General Assembly, the Department of Human Services may
18not remove a resident from any State-operated developmental
19center without the consent of the resident of the center or the
20guardian of that resident.
21(Source: P.A. 98-403, eff. 1-1-14.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.