HB2409 101ST GENERAL ASSEMBLY

LRB101 07716 RLC 52764 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2409

Introduced , by Rep. Avery Bourne

SYNOPSIS AS INTRODUCED:

405 ILCS 5/3-605

from Ch. 91 1/2, par. 3-605

Amends the Mental Health and Developmental Disabilities Code. Provides that a person subject to involuntary admission on an inpatient basis may be transported to a hospital nearest to his or her residence (rather than only a mental health facility). Provides that if a person subject to involuntary admission on an inpatient basis is transported to a hospital that is unable to provide treatment to persons subject to involuntary admission on an inpatient basis, the hospital shall arrange for transport of the respondent to a hospital that treats persons subject to involuntary admission on an inpatient basis or a mental health facility.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Mental Health and Developmental Disabilities Code is amended by changing Section 3-605 as follows:

(405 ILCS 5/3-605) (from Ch. 91 1/2, par. 3-605)

Sec. 3-605. (a) In counties with a population of 3,000,000 or more, upon receipt of a petition and certificate prepared pursuant to this Article, the county sheriff of the county in which a respondent is found shall take a respondent into custody and transport him to the hospital nearest to his or her residence or 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 hospital nearest to his or her residence or 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 hospital or mental health facility, the county sheriff shall transport the respondent to the appropriate hospital or to the 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 hospital or mental health facility. If a person subject to involuntary admission on an inpatient basis is transported to a hospital that is unable to provide treatment to persons subject to involuntary admission on an inpatient basis, the hospital shall arrange for transport of the respondent to a hospital that treats persons subject to involuntary admission on an inpatient basis or a mental health facility.

(b) The county sheriff may delegate his duties under subsection (a) to another law enforcement body within that county if that law enforcement body agrees.

(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 hospital nearest to his or her residence or 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 or hospital, the Department shall make arrangements to appropriately transport the respondent to another mental health facility or hospital. If a person subject to involuntary admission on an inpatient basis is transported to a hospital that is unable to provide treatment to persons subject to involuntary admission on an inpatient basis, the hospital shall arrange for transport of the respondent to a hospital that treats persons subject to involuntary admission on an inpatient basis or a 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.

(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.

(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 or hospital. If the respondent 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 or hospital under this Section except to the extent permitted under Section 15.1 of the Trusts 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.

(Source: P.A. 93-770, eff. 1-1-05.)