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Public Act 093-0770
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| HB0722 Enrolled |
LRB093 05824 DRH 05917 b |
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AN ACT in relation to mental health.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Mental Health and Developmental |
Disabilities Code is amended by changing Sections 3-605 and |
3-819 as follows:
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(405 ILCS 5/3-605) (from Ch. 91 1/2, par. 3-605)
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Sec. 3-605. (a) In counties with a population of 3,000,000 |
or more, upon receipt of a petition and certificate prepared
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pursuant to this Article, the county sheriff of the county in |
which a
respondent is found shall take a respondent into
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custody and transport him to a mental health facility, or may |
make
arrangements
with another public or private entity |
including a licensed ambulance service to
transport the |
respondent to the mental health facility.
In the event it
is |
determined by such facility that the respondent is in need of |
commitment
or treatment at another mental health facility, the |
county sheriff
shall transport the respondent to the |
appropriate mental health facility,
or the county sheriff may |
make arrangements with another public or private
entity |
including a licensed
ambulance service to transport the |
respondent to the mental health facility.
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(b) The county
sheriff
may delegate his duties under |
subsection (a)
hereunder to another law enforcement body within
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that county if that law enforcement body agrees.
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(b-5) In counties with a population under 3,000,000, upon |
receipt of a petition and certificate prepared pursuant to this |
Article, the Department shall make arrangements to |
appropriately transport the respondent to a mental health |
facility. In the event it is determined by the facility that |
the respondent is in need of commitment or treatment at another |
mental health facility, the Department shall make arrangements |
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to appropriately transport the respondent to another mental |
health facility. The making of such arrangements and agreements |
with public or private entities is independent of the |
Department's role as a provider of mental health services and |
does not indicate that the respondent is admitted to any |
Department facility. In making such arrangements and |
agreements with other public or private entities, the |
Department shall include provisions to ensure (i) the provision |
of trained personnel and the use of an appropriate vehicle for |
the safe transport of the respondent and (ii) that the |
respondent's insurance carrier as well as other programs, both |
public and private, that provide payment for such |
transportation services are fully utilized to the maximum |
extent possible. |
The Department may not make arrangements with an existing |
hospital or grant-in-aid or fee-for-service community provider |
for transportation services under this Section unless the |
hospital or provider has voluntarily submitted a proposal for |
its transportation services. This requirement does not |
eliminate or reduce any responsibility on the part of a |
hospital or community provider to ensure transportation that |
may arise independently through other State or federal law or |
regulation.
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(c) The transporting authority acting in good faith and |
without negligence
in connection with the transportation of |
respondents shall incur no liability,
civil or criminal, by |
reason of such transportation.
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(d) The respondent
and the estate of that respondent are |
liable for the payment
of transportation costs for transporting |
the respondent to a mental health
facility. If the respondent
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is a beneficiary of a trust described in Section 15.1 of the |
Trusts and
Trustees Act, the trust shall not be considered a |
part of the respondent's
estate and shall not be subject to |
payment for transportation costs for
transporting the |
respondent to a mental health facility
under this Section |
except to the extent permitted under Section 15.1 of the
Trusts |
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and Trustees Act. If the respondent is unable to pay or if the |
estate
of the respondent is insufficient, the responsible |
relatives are severally
liable for the payment of those sums or |
for the balance due in case less
than the amount owing has been |
paid.
If the respondent is covered by insurance, the insurance |
carrier shall be
liable for payment to the extent authorized by |
the respondent's insurance
policy.
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(Source: P.A. 87-1158.)
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(405 ILCS 5/3-819) (from Ch. 91 1/2, par. 3-819)
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Sec. 3-819. (a) In counties with a population of 3,000,000 |
or more, when a recipient is hospitalized upon court order, the |
order
may authorize a relative or friend of the recipient to |
transport the recipient
to the facility if such person is able |
to do so safely and humanely. When
the Department indicates |
that it has transportation to the facility available,
the order |
may authorize the Department to transport the recipient there.
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The court may order the sheriff of the county in which such |
proceedings
are held to transport the recipient to the |
facility. When a recipient is
hospitalized upon court order, |
and the recipient has been transported to a
mental health |
facility, other than a state-operated mental health facility, |
and
it is determined by the facility that the recipient is in |
need of commitment or
treatment at another mental health |
facility, the court shall determine whether
a relative or |
friend of the recipient or the Department is authorized to
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transport the recipient between facilities, or whether the |
county sheriff
is responsible for transporting the recipient |
between facilities. The sheriff
may make arrangements with |
another public or private entity including a
licensed ambulance |
service to transport the recipient to the facility. The
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transporting entity acting in good faith and without negligence |
in connection
with the transportation of recipients shall incur |
no liability, civil or
criminal, by reason of such |
transportation.
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(a-5) In counties with a population under 3,000,000, when a |
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recipient is hospitalized upon court order, the order may |
authorize a relative or friend of the recipient to transport |
the recipient to the facility if the person is able to do so |
safely and humanely. The court may order the Department to |
transport the recipient to the facility. When a recipient is |
hospitalized upon court order, and the recipient has been |
transported to a mental health facility other than a |
State-operated mental health facility, and it is determined by |
the facility that the recipient is in need of commitment or |
treatment at another mental health facility, the court shall |
determine whether a relative or friend of the recipient is |
authorized to transport the recipient between facilities, or |
whether the Department is responsible for transporting the |
recipient between facilities. If the court determines that the |
Department is responsible for the transportation, the |
Department shall make arrangements either directly or through |
agreements with another public or private entity, including a |
licensed ambulance service, to appropriately transport the |
recipient to the facility. The making of such arrangements and |
agreements with public or private entities is independent of |
the Department's role as a provider of mental health services |
and does not indicate that the recipient is admitted to any |
Department facility. In making such arrangements and |
agreements with other public or private entities, the |
Department shall include provisions to ensure (i) the provision |
of trained personnel and the use of an appropriate vehicle for |
the safe transport of the recipient and (ii) that the |
recipient's insurance carrier as well as other programs, both |
public and private, that provide payment for such |
transportation services are fully utilized to the maximum |
extent possible. |
The Department may not make arrangements with an existing |
hospital or grant-in-aid or fee-for-service community provider |
for transportation services under this Section unless the |
hospital or provider has voluntarily submitted a proposal for |
its transportation services. This requirement does not |
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eliminate or reduce any responsibility on the part of a |
hospital or community provider to ensure transportation that |
may arise independently through other State or federal law or |
regulation. |
A transporting entity acting in good faith and without |
negligence in connection with the transportation of a recipient |
incurs no liability, civil or criminal, by reason of that |
transportation.
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(b) The court may authorize the transporting entity may
to
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bill the recipient,
the estate of the recipient, legally |
responsible relatives, or insurance
carrier for the cost of |
providing transportation of the recipient to a mental
health |
facility. The recipient and the estate of the recipient are |
liable
for the payment of transportation costs for transporting |
the recipient to a
mental health facility. If the recipient is |
a beneficiary of a trust
described in Section 15.1 of the |
Trusts and Trustees Act, the trust shall
not be considered a |
part of the recipient's estate and shall not be subject
to |
payment for transportation costs for transporting the |
recipient to a
mental health facility under this section, |
except to the extent permitted
under Section 15.1 of the Trusts |
and Trustees Act. If the recipient is
unable to pay or if the |
estate of the recipient is insufficient, the
responsible |
relatives are severally liable for the payment of those sums or
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for the balance due in case less than the amount owing has been |
paid. If
the recipient is covered by insurance, the insurance |
carrier shall be
liable for payment to the extent authorized by |
the recipient's insurance
policy.
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(c) Upon the delivery of a recipient to a facility, in |
accordance with the
procedure set forth in this Article, the |
facility director of the facility
shall sign a receipt |
acknowledging custody of the recipient and for any
personal |
property belonging to him, which receipt shall be filed with |
the clerk
of the court entering the hospitalization order.
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(Source: P.A. 87-1158; 88-380.)
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