HB5586ham001 97TH GENERAL ASSEMBLY

Rep. Kimberly du Buclet

Filed: 3/7/2012

09700HB5586ham001 LRB097 18283 AJO 67265 a

AMENDMENT TO HOUSE BILL 5586

AMENDMENT NO. ______. Amend House Bill 5586 by replacing everything after the enacting clause with the following:

"Section 5. The Mental Health and Developmental Disabilities Administrative Act is amended by adding Section 54.1 as follows:

(20 ILCS 1705/54.1 new)

Sec. 54.1. Maintenance of services when State-operated mental health facilities are closed or downsized.

(a) Whenever, as the result of the closing or the reduction in the number of units or available beds of any mental health facility operated by the Department of Human Services, the State determines to enter into a contract with any mental health facility to provide hospitalization to persons who would otherwise be served by the State-operated mental health facility, the State shall include in that contract a requiremment that the facility provide the following rights, procedures, and services in relation to those persons:

(1) the right to challenge a denial of admission as provided in Sections 3-207 and 3-405 of the Mental Health and Developmental Disabilities Code;

(2) the right to challenge a discharge as provided in Sections 3-207 and 3-405 of the Mental Health and Developmental Disabilities Code;

(3) the right to writing materials, postage, and telephone usage funds in reasonable amounts as provided in subsection (a) of Section 2-103 of the Mental Health and Developmental Disabilities Code;

(4) compliance with the requirements of subsection (h) of Section 2-107 of the Mental Health and Developmental Disabilities Code; and

(5) compliance with reporting requirements of Section 2-107.3 of the Mental Health and Developmental Disabilities Code.

(b) The rate or amount paid under any contract subject to this Section shall include funds sufficient to reimburse the mental health facility for any reasonable costs associated with the provisions of subsection (a).

(c) The State shall include in any contract subject to this Section specific funds to cover the reasonable costs of any person required to testify pursuant to Section 3-807 of the Mental Health and Developmental Disabilities Code and the reasonable costs of transporting any person subject to a hearing under Article VIII of Chapter III of the Mental Health and Developmental Disabilities Code from the mental health facility to the place of the hearing.

Section 99. Effective date. This Act takes effect upon becoming law.".