Public Act 102-0371
 
SB1966 EnrolledLRB102 17305 KTG 22790 b


  
    AN ACT concerning mental health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 1. Short title. This Act may be cited as the 
Interstate Contracts for Mental Health Disorder Treatment Act.
 
    Section 3. Purpose. The purpose of this Act is to enable 
Illinois and Wisconsin residents who are subject, by court 
order, to involuntary admission on an inpatient basis for the 
treatment of a mental health disorder to obtain appropriate 
treatment across state lines in qualified private hospitals 
and facilities that are closer to their homes than are 
facilities available in their home states.
 
    Section 5. Definitions. As used in this Act:
    "Subject to involuntary admission on an inpatient basis", 
"mental health facility", and "recipient" have the meanings 
ascribed to them in the Mental Health and Developmental 
Disabilities Code.
    "Receiving agency" means a mental health facility that 
provides substance use disorder or mental health treatment to 
a person from a state other than the state in which a facility 
is located.
    "Receiving state" means the state in which the receiving 
agency is located.
    "Northern border county" means the Illinois counties of 
Boone, DeKalb, DuPage, Kane, Lake, McHenry, and Winnebago.

    "Sending agency" means a mental health facility located in 
a state which sends a person to a receiving state for substance 
use disorder or mental health treatment.
    "Sending state" means the state in which a sending agency 
is located.
    "Wisconsin Southeast Region" means the Wisconsin counties 
of Kenosha, Milwaukee, Ozaukee, Racine, Rock, Walworth, 
Washington, and Waukesha.

 
    Section 10. Purchase of services.  A private mental health 
facility located in a northern border county may contract as 
provided under this Act with a county department located in 
the Wisconsin Southeast Region to secure mental health 
treatment for Illinois residents who are subject to 
involuntary admission on an inpatient basis under orders 
issued by courts of this State for treatment at the mental 
health facility or hospital, except that mental health 
treatment may not be secured for persons committed under 
Section 104-13 or 104-25 of the Code of Criminal Procedure of 
1963 or under Section 5-2-4 of the Unified Code of 
Corrections.
 
    Section 15. Provision of services.  A private mental health 
facility located in a northern border county may contract as 
provided under this Act with a county department located in 
the Wisconsin Southeast Region to provide mental health 
treatment to Wisconsin residents who are subject to 
involuntary admission on an inpatient basis under orders 
issued by Wisconsin courts which shall have jurisdiction over 
the Wisconsin residents while they are committed to the 
private mental health facility or private hospital for 
treatment as provided under Section 51.87 of the Wisconsin 
Statutes, except that mental health treatment may not be 
provided for  Wisconsin residents who are involved in a 
criminal proceeding.


 
    Section 20. Residence not established. No person 
establishes legal residence in the state where the receiving 
agency is located while the person is receiving services in 
accordance with a contract under this Act.
 
    Section 25. Treatment records. Treatment records shall be 
managed in accordance with the laws of the receiving state.
 
    Section 30. Involuntary commitments.  An individual who is 
detained, committed, or placed on an involuntary basis under 
Article VI or VII of the Mental Health and Developmental 
Disabilities Code may be confined and treated for a mental 
health disorder in a private hospital or mental health 
facility located in the Wisconsin Southeast Region in 
accordance with a contract under this Act. An individual who 
is detained, committed, or placed under the civil laws of 
Wisconsin may be confined and treated in this State in 
accordance with a contract under this Act. Court orders valid 
under the law of the sending state are granted recognition and 
reciprocity in the receiving state for individuals covered by 
a contract under this Act to the extent that the court orders 
relate to confinement for treatment or care of a mental health 
disorder. Such court orders are not subject to legal challenge 
in the courts of the receiving state. Persons who are 
detained, committed, or placed under the law of a sending 
state and who are transferred to a receiving state under this 
Act continue to be in the legal custody of the authority 
responsible for them under the law of the sending state. 
Except in emergencies, those persons may not be transferred, 
removed, or furloughed from a facility of the receiving agency 
without the specific approval of the authority responsible for 
them under the law of the sending state.
 
    Section 35. Applicable laws.  While in the receiving state 
in accordance with a contract under this Act, an individual 
shall be subject to all of the provisions of law, rules, and 
regulations applicable to persons detained, committed, or 
placed in accordance with the corresponding laws of the 
receiving state, except those laws, rules, and regulations of 
the receiving state relating to length of confinement, 
reexaminations, and extensions of confinement and except as 
otherwise provided by this Act. The law, rules, and 
regulations of the sending state relating to length of 
confinement, reexaminations, and extensions of confinement 
shall apply. No person may be sent to another state in 
accordance with a contract under this Act until the receiving 
state has enacted a law recognizing the validity and 
applicability of this State's laws as provided in this Act.
 
    Section 40. Transfers between facilities.  An individual 
may be transferred between private facilities of the receiving 
state if transfers are permitted by the contract under this 
Act providing for the individual's care.
 
    Section 50. Required contract provisions.  All contracts 
under this Act shall do all of the following:
        (1) Establish the responsibility for the costs of all 
    services to be provided under the contract. 
        (2) Establish the responsibility for the 
    transportation of clients to and from receiving 
    facilities. 
        (3) Provide for reports by the receiving agency to the 
    sending agency on the condition of each client covered by 
    the contract. 
        (4) Provide for arbitration of disputes arising out of 
    the provisions of the contract which cannot be settled 
    through discussion between the contracting parties and 
    specify how arbitrators will be chosen. 
        (5) Include provisions ensuring the nondiscriminatory 
    treatment, as required by law, of employees, clients, and 
    applicants for employment and services. 
        (6) Establish the responsibility for providing legal 
    representation for clients in legal proceedings involving 
    the legality of confinement and the conditions of 
    confinement. 
        (7) Establish the responsibility for providing legal 
    representation for employees of the contracting parties in 
    legal proceedings initiated by persons receiving treatment 
    in accordance with the contract. 
        (8) Include provisions concerning the length of the 
    contract and the means by which the contract can be 
    terminated. 
        (9) Establish the right of qualified employees and 
    representatives of the sending agency and sending state to 
    inspect, at all reasonable times, the records of the 
    receiving agency and its treatment facilities to determine 
    if appropriate standards of care are met for clients 
    receiving services under the contract. 
        (10) Require the sending agency to provide the 
    receiving agency with copies of all relevant legal 
    documents authorizing confinement of persons who are 
    confined in accordance with the law of the sending state 
    and receiving services in accordance with a contract under 
    this Act. 
        (11) Establish the responsibility for securing a 
    reexamination for an individual and for extending an 
    individual's period of confinement. 
        (12) Include provisions specifying when a receiving 
    facility can refuse to admit or retain an individual. 
        (13) Specify the circumstances under which individuals 
    will be permitted home visits and granted passes to leave 
    the facility. 
  
 
    Section 55. Applicability. This Act does not apply to 
state-operated or public facilities or hospitals located in 
Wisconsin or Illinois.