Bill Status of HB 88   93rd General Assembly

Short Description:  MENTAL HEALTH-INSP GENERAL

House Sponsors
Rep. Lou Lang-Mary E. Flowers-Patricia Bailey-Monique D. Davis

Senate Sponsors
(Sen. Donne E. Trotter-Jacqueline Y. Collins-Mattie Hunter-M. Maggie Crotty)


Last Action  View All Actions

DateChamber Action
  12/31/2003HousePublic Act . . . . . . . . . 93-0636

Statutes Amended In Order of Appearance
20 ILCS 1705/4from Ch. 91 1/2, par. 100-4
20 ILCS 1705/7from Ch. 91 1/2, par. 100-7
20 ILCS 1705/15from Ch. 91 1/2, par. 100-15
210 ILCS 30/6.2from Ch. 111 1/2, par. 4166.2
210 ILCS 30/6.3from Ch. 111 1/2, par. 4166.3
210 ILCS 30/6.4from Ch. 111 1/2, par. 4166.4
210 ILCS 30/6.5from Ch. 111 1/2, par. 4166.5
210 ILCS 30/6.6from Ch. 111 1/2, par. 4166.6
210 ILCS 30/6.7from Ch. 111 1/2, par. 4166.7
210 ILCS 30/6.8from Ch. 111 1/2, par. 4166.8
210 ILCS 45/2-106from Ch. 111 1/2, par. 4152-106
210 ILCS 45/2-106.1
210 ILCS 85/6.20
225 ILCS 65/5-10

Synopsis As Introduced
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the quarterly reports on State-operated facilities for the mentally ill and developmentally disabled shall include adverse federal certification or accreditation findings. Provides that, no later than January 1, 2005, the Department of Human Services shall adopt model protocol and forms for recording all patient diagnosis, care, and treatment at every facility under the jurisdiction of the Department. Provides that, no later than January 1, 2005, every facility under the jurisdiction of the Department and all services provided in those facilities shall comply with all of the applicable standards adopted by the Social Security Administration under the Medicare Subchapter of the federal Social Security Act. Makes various changes concerning pre-discharge determinations, discharge records, visits following placement, reports and evaluations, treatment plans, quality assurance for certain persons in long term care facilities, resident assessment, and other matters. Amends the Hospital Licensing Act. Requires hospitals to have a written policy to address the use of restraints and seclusion in the hospital. Amends the Abused and Neglected Long Term Care Facility Residents Reporting Act. Provides that the Inspector General shall function independently within the Department of Human Services with respect to the operations of the office. Eliminates sunset language for the Office of the Inspector General. Amends the Nursing Home Care Act. Makes changes with respect to the use of restraints and drug treatment. Amends the Nursing and Advanced Practice Nursing Act to make changes in the definition of "registered professional nursing practice". Makes other changes. Provides for an immediate effective date for specified portions of the bill.

House Amendment No. 1
Deletes reference to:
210 ILCS 85/6.20
225 ILCS 65/5-10

Further amends the Mental Health and Developmental Disability Administrative Act. Changes reference to "facility" to "State-operated facility for the mentally ill and developmentally disabled". Provides that when the services to existing clientele of not-for-profit agencies increase as a result of the Department assigning persons discharged from mental health facilities to the agency for participation in day activities, the Department shall reimburse the agency for the reasonable increased costs of providing those services. Provides that the Department shall keep written records detailing which facilities have been determined to have staff who have been appropriately trained by the Department. Provides that the Department shall determine at what point the appropriate licensing entity will assume the responsibility of ensuring that appropriate services are being provided to the resident. Further amends the Nursing Home Care Act. Provides that specified devices shall not be considered to be restraints. Provides that each facility under the Act must have a written policy to address the use of restraints and seclusion. Removes the changes to the Hospital Licensing Act and the Nursing and Advanced Practice Nursing Act from the bill. Makes other changes.

Senate Floor Amendment No. 2
Provides that, no later than January 1 2004, the Department of Human Services shall report to the Governor and the General Assembly whether each State-operated facility for the mentally ill and developmentally disabled under the jurisdiction of the Department and all services provided in those facilities comply with all of the applicable standards adopted by the Social Security Administration under the Medicare provisions of the Social Security Act, if the facility and services may be eligible for federal financial participation under that federal law. Provides that reimbursement for increased costs of certain services are subject to specific appropriation. In provisions amending the Abused and Neglected Long Term Care Facility Residents Reporting Act, makes changes concerning implementation of an approved response and the Inspector General's duties in relation to the implementation plan and replaces provisions concerning appropriations for the Office of Inspector General to provide that the appropriation for the Office of Inspector General shall be separate from the overall appropriation for the Department of Human Services.

Governor Amendatory Veto Message
Recommends removal of provisions requiring the Department of Human Services to reimburse the agency for the reasonable increased costs of providing services when the services to existing clientele of not-for-profit agencies increase as a result of the Department assigning persons discharged from mental health facilities to the agency for participation in day activities. In provisions amending the Nursing Home Care Act, makes changes regarding what shall not be considered restraints.

Actions 
DateChamber Action
  1/7/2003HousePrefiled with Clerk by Rep. Lou Lang
  1/8/2003HouseFirst Reading
  1/8/2003HouseReferred to Rules Committee
  1/23/2003HouseAssigned to Developmental Disabilities and Mental Illness Committee
  1/30/2003HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  1/30/2003HouseAdded Chief Co-Sponsor Rep. Patricia Bailey
  2/21/2003HouseHouse Amendment No. 1 Filed with Clerk by Developmental Disabilities and Mental Illness Committee
  2/21/2003HouseHouse Amendment No. 1 Adopted in Developmental Disabilities and Mental Illness Committee; by Voice Vote
  2/21/2003HouseDo Pass as Amended / Short Debate Developmental Disabilities and Mental Illness Committee; 009-000-000
  2/21/2003HousePlaced on Calendar 2nd Reading - Short Debate
  2/26/2003HouseSecond Reading - Short Debate
  2/26/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/28/2003HouseAdded Chief Co-Sponsor Rep. Monique D. Davis
  2/28/2003HouseThird Reading - Short Debate - Passed 115-000-000
  3/4/2003SenateArrive in Senate
  3/4/2003SenatePlaced on Calendar Order of First Reading March 5, 2003
  3/6/2003SenateChief Senate Sponsor Sen. Donne E. Trotter
  3/11/2003SenateFirst Reading
  3/11/2003SenateReferred to Rules
  4/10/2003SenateAssigned to Health & Human Services
  5/1/2003SenateDo Pass Health & Human Services; 006-002-001
  5/1/2003SenatePlaced on Calendar Order of 2nd Reading May 6, 2003
  5/6/2003SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Donne E. Trotter
  5/6/2003SenateSenate Floor Amendment No. 1 Referred to Rules
  5/7/2003SenateSenate Floor Amendment No. 1 Rules Refers to Health & Human Services
  5/8/2003SenateSenate Floor Amendment No. 1 Postponed - Health & Human Services
  5/8/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/12/2003SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Donne E. Trotter
  5/12/2003SenateSenate Floor Amendment No. 2 Referred to Rules
  5/13/2003SenateSenate Floor Amendment No. 2 Rules Refers to Health & Human Services
  5/14/2003SenateSenate Floor Amendment No. 2 Be Adopted Health & Human Services; 009-000-000
  5/15/2003SenateSecond Reading
  5/15/2003SenateSenate Floor Amendment No. 2 Adopted; Trotter
  5/15/2003SenatePlaced on Calendar Order of 3rd Reading May 16, 2003
  5/16/2003SenateThird Reading - Passed; 059-000-000
  5/16/2003SenateSenate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/16/2003HouseArrived in House
  5/16/2003HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
  5/20/2003HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Lou Lang
  5/20/2003HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/21/2003HouseSenate Floor Amendment No. 2 Motion to Concur Recommends be Adopted Rules Committee; 003-002-000
  5/23/2003HouseFinal Action Deadline Extended-9(b) May 31, 2003
  5/27/2003HouseSenate Floor Amendment No. 2 House Concurs 114-000-000
  5/27/2003HousePassed Both Houses
  6/25/2003HouseSent to the Governor
  8/18/2003HouseGovernor Amendatory Veto
  10/23/2003HousePlaced on Calendar Amendatory Veto November 4, 2003
  11/4/2003HouseAmendatory Veto Motion No. 1 Motion Filed Accept Amendatory Veto Rep. Lou Lang; Motion #1
  11/4/2003HouseAmendatory Veto Motion No. 1 Motion Referred to Rules Committee
  11/5/2003HouseAmendatory Veto Motion No. 1 Accept Motion Recommends Be Adopted Rules Committee; 005-000-000
  11/5/2003HouseAccept Amendatory Veto - House Passed 117-000-000
  11/6/2003SenatePlaced on Calendar Amendatory Veto November 18, 2003
  11/6/2003SenateAmendatory Veto Motion No. 1 Motion Filed Accept Amendatory Veto Sen. Donne E. Trotter
  11/6/2003SenateAmendatory Veto Motion No. 1 Motion Referred to Rules
  11/18/2003SenateAmendatory Veto Motion No. 1 Approved for Consideration Rules
  11/19/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  11/19/2003SenateAdded as Alternate Chief Co-Sponsor Sen. M. Maggie Crotty
  11/19/2003SenateAccept Amendatory Veto - Senate Passed 056-000-000
  11/19/2003HouseBoth Houses Accepted Amendatory Veto
  12/18/2003HouseReturned to Governor for Certification
  12/31/2003HouseGovernor Certifies Changes
  12/31/2003HouseEffective Date December 31, 2003; Generally
  12/31/2003HouseEffective Date June 1, 2004; Some Parts
  12/31/2003HousePublic Act . . . . . . . . . 93-0636

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