HB1683 EnrolledLRB098 09601 HLH 39747 b



1    AN ACT concerning finance.

 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 



 
4    Section 5. The State Finance Act is amended  by adding 
5Section 5i as follows:
 
6    (30 ILCS 105/5i new)
7    Sec. 5i. Closure of State mental health facilities or 
8developmental disabilities facilities.  Consistent with the 
9provisions of Sections 4.4 and 4.5 of the Community Services 
10Act, whenever a State mental health facility operated by the 
11Department of Human Services or a State developmental 
12disabilities facility operated by the Department of Human 
13Services is closed, the Department of Human Services, at the 
14direction of the Governor, shall transfer funds from the closed 
15facility to the appropriate line item providing appropriation 
16authority for the new venue of care to facilitate the 
17transition of services to the new venue of care, provided that 
18the new venue of care is a Department of Human Services funded 
19provider or facility.
20    As used in this Section, the terms "mental health facility" 
21and "developmental disabilities facility" have the meanings 
22ascribed to those terms in the Mental Health and Developmental 
23Disabilities Code.

 
 
 
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1    Section 10. The Community Services Act is amended  by 
2changing Section 4.6 as follows:
 
3    (405 ILCS 30/4.6)
4    Sec. 4.6. Closure and sale of State mental health or 
5developmental disabilities facility.
6    (a) Whenever a State mental health facility operated by the 
7Department of Human Services is closed and the real estate on 
8which the facility is located is sold by the State, then, to 
9the extent that net proceeds are realized from the sale of that 
10real estate, those net proceeds must be directed toward 
11providing
other services and supports for persons with mental 
12health needs. To that end, those net proceeds shall be 
13deposited into the Community Mental Health Medicaid Trust Fund.
14    (b) Whenever a State developmental disabilities facility 
15operated by the Department of Human Services is closed and the 
16real estate on which the facility is located is sold by the 
17State, then, to the extent that net proceeds are realized from 
18the sale of that real estate, those net proceeds must be 
19directed toward providing
other services and supports for 
20persons with developmental disabilities needs. To that end, 
21those  net proceeds shall be deposited into the Community 
22Developmental Disability Services Medicaid Trust Fund.
23    (c) In determining whether any net proceeds are realized 
24from a sale of real estate described in subsection (a) or (b), 
 
 
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1the Division of Developmental Disabilities and the Division of 
2Mental Health of the Department of Human Services shall each 
3determine the money, if any, that shall be made available to 
4ensure that life, safety, and care concerns, including 
5infrastructure, are addressed so as to provide for persons with 
6developmental disabilities or mental illness at the remaining 
7respective State-operated facilities that will be expected to 
8serve the individuals previously served at the closed facility.
9    (d) The purposes for which the net proceeds from a sale of 
10real estate as provided in this Section may be used include, 
11but are not limited to, the following:
12        (1) Providing for individuals with developmental 
13    disabilities and mental health needs the services and 
14    supports described in subsection (e) of Section 4.4.
15        (2) In the case of the closure of a mental health 
16    facility, the construction of a new facility to serve the 
17    needs of persons with mental health needs.
18        (3) In the case of the closure of a developmental 
19    disabilities facility, construction of a new facility to 
20    serve the needs of persons with developmental disabilities 
21    needs. 
22    (e) Whenever any net proceeds are realized from a sale of 
23real estate as provided in this Section, the Department of 
24Human Services shall share and discuss its plan or plans for 
25using those net proceeds with advocates, advocacy 
26organizations, and advisory groups whose
mission
includes 
 
 
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1advocacy for persons with developmental disabilities or 
2persons with
mental
illness.

3    (f)  Consistent with the provisions of Sections 4.4 and 4.5 
4of this Act, whenever a State mental health facility operated 
5by the Department of Human Services is closed, the Department 
6of Human Services, at the direction of the Governor, shall 
7transfer funds from the closed facility to the appropriate line 
8item providing appropriation authority for the new venue of 
9care to facilitate the transition of services to the new venue 
10of care, provided that the new venue of care is a Department of 
11Human Services funded provider or facility. 
12    (g)  As used in this Section, the term "mental health 
13facility" has the meaning ascribed to that term in the Mental 
14Health and Developmental Disabilities Code. 
15(Source: P.A. 96-660, eff. 8-25-09; 96-1000, eff. 7-2-10.)