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1 | AN ACT concerning mental health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Out-of-State Person Subject to Involuntary Admission on an | ||||||
6 | Inpatient Basis Mental Health Treatment Act. | ||||||
7 | Section 5. Definitions. As used in this Act: | ||||||
8 | "Department" means the Department of Human Services. | ||||||
9 | "Eastern Iowa Mental Health Region" means the Iowa counties | ||||||
10 | of Cedar, Clinton, Jackson, Muscatine, and Scott. | ||||||
11 | "Person subject to involuntary admission on an inpatient | ||||||
12 | basis", "mental health facility", and "recipient" have the | ||||||
13 | meanings ascribed to them in the Mental Health and | ||||||
14 | Developmental Disabilities Code. | ||||||
15 | "Pilot project area" means the Eastern Iowa Mental Health | ||||||
16 | Region and Rock Island County, Illinois. | ||||||
17 | "Receiving agency" means a mental health facility located | ||||||
18 | in Rock Island, Illinois which accepts and provides treatment | ||||||
19 | to a person from the sending state. | ||||||
20 | "Receiving state" means Illinois. | ||||||
21 | "Sending state" means Iowa. | ||||||
22 | Section 10. Pilot project reciprocal agreement. On or |
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1 | before January 1, 2018, there is created a 2-year mental health | ||||||
2 | pilot project for which the receiving agency may accept the | ||||||
3 | admission of an Iowa resident from the Eastern Iowa Mental | ||||||
4 | Health Region who is a person subject to involuntary admission | ||||||
5 | on an inpatient basis under an order issued by an Iowa court | ||||||
6 | for treatment at a receiving agency in this State for which the | ||||||
7 | Iowa court shall have jurisdiction over the recipient while | ||||||
8 | committed to a receiving agency in this State as provided under | ||||||
9 | Section 331.910 of the Iowa Code. The pilot project shall also | ||||||
10 | provide that a resident of Rock Island County, Illinois who is | ||||||
11 | a person subject to involuntary admission on an inpatient basis | ||||||
12 | under an order issued by a court of this State for treatment at | ||||||
13 | a receiving agency in this State may receive inpatient | ||||||
14 | treatment in the sending state. The sending state or receiving | ||||||
15 | agency shall provide mental health services to the recipient | ||||||
16 | for the duration of the court order and shall return the | ||||||
17 | recipient to his or her state of legal residence upon | ||||||
18 | discharge. If a recipient has to enter a State-operated | ||||||
19 | facility, the recipient must be returned to his or her state of | ||||||
20 | legal residence. | ||||||
21 | Section 15. Reciprocal agreement. For the purpose of the | ||||||
22 | pilot project, the reciprocal agreement is limited to court | ||||||
23 | orders issued by the courts in the Eastern Iowa Mental Health | ||||||
24 | Region and in Rock Island County, Illinois. Court orders valid | ||||||
25 | under the law of the sending state are granted recognition and |
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1 | reciprocity in the receiving state's respective pilot project | ||||||
2 | area to the extent that the court orders relate to commitment | ||||||
3 | for inpatient treatment of a mental illness. The court orders | ||||||
4 | are not subject to legal challenge in the courts of the | ||||||
5 | receiving state. Persons who are detained, committed or placed | ||||||
6 | under the law of a sending state and who are transferred to a | ||||||
7 | receiving state under this Section continue to be in the legal | ||||||
8 | custody of the authority responsible for them under the law of | ||||||
9 | the sending state. Except in emergencies, those persons may not | ||||||
10 | be transferred, removed, or furloughed from a facility of the | ||||||
11 | receiving agency without the specific approval of the authority | ||||||
12 | responsible for them under the law of the sending state. The | ||||||
13 | receiving facility, whether public or private, must agree to | ||||||
14 | the transfer from the sending state before a transfer takes | ||||||
15 | place. Specifically excluded from this pilot project are those | ||||||
16 | persons who are involved in criminal proceedings. | ||||||
17 | Section 20. Applicable law. While in the receiving state, a | ||||||
18 | person shall be subject to all of the provisions of law, rules, | ||||||
19 | and regulations applicable to persons detained, committed, or | ||||||
20 | placed under the corresponding laws of the receiving state, | ||||||
21 | except those laws, rules, and regulations of the receiving | ||||||
22 | state relating to length of commitment, reexaminations, and | ||||||
23 | extensions of commitment or recommitment and except as | ||||||
24 | otherwise provided by this Act. Specifically, the laws of the | ||||||
25 | receiving state on emergency use of psychotropic medication and |
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1 | the procedures for involuntary forced psychotropic medications | ||||||
2 | shall apply to the person while in the receiving state. The | ||||||
3 | laws, rules, and regulations of the sending state relating to | ||||||
4 | length of commitment, reexaminations, and extensions of | ||||||
5 | commitment or recommitment shall apply. | ||||||
6 | Section 25. Records. Treatment records shall be managed in | ||||||
7 | accordance with the laws of the receiving state. | ||||||
8 | Section 30. Receiving agency responsibility.
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9 | (a) The receiving agency shall secure a re-examination for | ||||||
10 | a person and arrange any extension or recommitment of a | ||||||
11 | person's period of commitment. The receiving agency shall | ||||||
12 | arrange transportation of persons from the receiving facility. | ||||||
13 | (b) If a person receiving services under a contract under | ||||||
14 | this Act escapes from the receiving agency and the person at | ||||||
15 | the time of the escape is subject to involuntary admission | ||||||
16 | under the law of the sending state, the receiving agency shall | ||||||
17 | use all reasonable means to recapture the escapee. The | ||||||
18 | receiving agency shall immediately report the escape to the | ||||||
19 | sending state. The receiving state has the primary | ||||||
20 | responsibility for, and may direct, the pursuit, retaking, and | ||||||
21 | prosecution of escaped persons within its jurisdiction. | ||||||
22 | (c) The receiving agency shall seek reimbursement from | ||||||
23 | public or private insurance or from the county of residence or | ||||||
24 | the sending state.
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1 | Section 35. Residence not established. No person | ||||||
2 | establishes legal residence in the state where the receiving | ||||||
3 | agency is located while the person is receiving services under | ||||||
4 | this Act. | ||||||
5 | Section 40. Report to the Department. The receiving agency | ||||||
6 | shall submit to the Department demographic information on the | ||||||
7 | number of persons served in this pilot project, lengths of | ||||||
8 | stay, cost data, and any specific problems or concerns that | ||||||
9 | were raised during their stay. The agency shall also provide | ||||||
10 | information about the number of Illinois residents who were | ||||||
11 | served during the same period and whether any Illinois | ||||||
12 | residents were denied services due to this pilot project. The | ||||||
13 | receiving agency shall also notify other providers, hospitals, | ||||||
14 | courts, law enforcement organizations, and advocacy | ||||||
15 | organizations in the pilot project area on or before July 1, | ||||||
16 | 2019 of the report to the Department on the pilot project and | ||||||
17 | ask them to supply any comments to the Department. The | ||||||
18 | receiving agency shall provide the information on or before | ||||||
19 | August 1, 2019. | ||||||
20 | Section 45. Repeal. This Act is repealed on January 1, | ||||||
21 | 2020.
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22 | Section 99. Effective date. This Act takes effect July 1, | ||||||
23 | 2017. |