Rep. Kimberly du Buclet
Filed: 3/7/2012
 
 

 

 

 
09700HB5586ham001LRB097 18283 AJO 67265 a



1
AMENDMENT TO HOUSE BILL 5586




2    AMENDMENT NO. ______. Amend House Bill 5586 by replacing 
3everything after the enacting clause with the following:


 
4    "Section 5. The Mental Health and Developmental 
5Disabilities Administrative Act is amended by adding Section 
654.1 as follows:
 
7    (20 ILCS 1705/54.1 new)
8    Sec. 54.1. Maintenance of services when State-operated 
9mental health facilities are closed or downsized.
10    (a)  Whenever, as the result of the closing or the reduction 
11in the number of units or available beds of any mental health 
12facility operated by the Department of Human Services, the 
13State determines to enter into a contract with any mental 
14health facility to provide hospitalization to persons who would 
15otherwise be served by the State-operated mental health 
16facility, the State shall include in that contract a 
 
 
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1requiremment that the facility provide the following rights, 
2procedures, and services in relation to those persons:
3        (1) the right to challenge a denial of admission as 
4    provided in Sections 3-207 and  3-405 of the Mental Health 
5    and Developmental Disabilities Code;
6        (2) the right to challenge a discharge as provided in 
7    Sections 3-207 and 3-405 of the Mental Health and 
8    Developmental Disabilities Code;
9        (3) the right to writing materials, postage, and 
10    telephone usage funds in reasonable amounts as provided in 
11    subsection (a) of Section 2-103  of the Mental Health and 
12    Developmental Disabilities Code;
13        (4) compliance with the requirements of subsection (h) 
14    of Section 2-107 of the Mental Health and Developmental 
15    Disabilities Code; and
16        (5) compliance with reporting requirements of Section 
17    2-107.3 of the Mental Health and Developmental 
18    Disabilities Code.
19    (b) The rate or amount paid under any contract subject to 
20this Section shall include funds sufficient to reimburse the 
21mental health facility for any reasonable costs associated with 
22the provisions of subsection (a).
23    (c) The State shall include in any contract subject to this 
24Section specific funds to cover the reasonable costs of any 
25person required to testify pursuant to Section 3-807 of the 
26Mental Health and Developmental Disabilities Code and the 
 
 
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1reasonable costs of transporting any person subject to a 
2hearing under Article VIII of Chapter III of the Mental Health 
3and Developmental Disabilities Code from the mental health 
4facility to the place of the hearing.
 
5    Section 99. Effective date. This Act takes effect upon 
6becoming law.".