97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1481

 

Introduced , by Rep. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-25013  from Ch. 34, par. 5-25013
405 ILCS 20/3e  from Ch. 91 1/2, par. 303e

    Amends the Counties Code and the Community Mental Health Act. Provides that in a county (other than Cook County or a county contiguous with Cook County) that has both a county health department and a county community mental health board, the county board of health may appoint the administrator of the county community mental health services and facilities as the medical health officer or public health administrator of the county health department and the county community mental health board may appoint the medical health officer or public health administrator of the county health department as the administrator of the county community mental health services and facilities.


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A BILL FOR

 

HB1481LRB097 03115 DRJ 43149 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-25013 as follows:
 
6    (55 ILCS 5/5-25013)  (from Ch. 34, par. 5-25013)
7    Sec. 5-25013. Organization of board; powers and duties.
8    (A) The board of health of each county or multiple-county
9health department shall, immediately after appointment, meet
10and organize, by the election of one of its number as president
11and one as secretary, and either from its number or otherwise,
12a treasurer and such other officers as it may deem necessary. A
13board of health may make and adopt such rules for its own
14guidance and for the government of the health department as may
15be deemed necessary to protect and improve public health not
16inconsistent with this Division. It shall:
17        1. Hold a meeting prior to the end of each operating
18    fiscal year, at which meeting officers shall be elected for
19    the ensuing operating fiscal year;
20        2. Hold meetings at least quarterly;
21        3. Hold special meetings upon a written request signed
22    by two members and filed with the Secretary or on request
23    of the medical health officer or public health

 

 

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1    administrator;
2        4. Provide, equip and maintain suitable offices,
3    facilities and appliances for the health department;
4        5. Publish annually, within 90 days after the end of
5    the county's operating fiscal year, in pamphlet form, for
6    free distribution, an annual report showing the condition
7    of its trust on the last day of the most recently completed
8    operating fiscal year, the sums of money received from all
9    sources, giving the name of any donor, how all moneys have
10    been expended and for what purpose, and such other
11    statistics and information in regard to the work of the
12    health department as it may deem of general interest;
13        6. Within its jurisdiction, and professional and
14    technical competence, enforce and observe all State laws
15    pertaining to the preservation of health, and all county
16    and municipal ordinances except as otherwise provided in
17    this Division;
18        7. Within its jurisdiction, and professional and
19    technical competence, investigate the existence of any
20    contagious or infectious disease and adopt measures, not
21    inconsistent with the regulations of the State Department
22    of Public Health, to arrest the progress of the same;
23        8. Within its jurisdiction, and professional and
24    technical competence, make all necessary sanitary and
25    health investigations and inspections;
26        9. Upon request, give professional advice and

 

 

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1    information to all city, village, incorporated town and
2    school authorities, within its jurisdiction, in all
3    matters pertaining to sanitation and public health;
4        10. Appoint a medical health officer as the executive
5    officer for the department, who shall be a citizen of the
6    United States and shall possess such qualifications as may
7    be prescribed by the State Department of Public Health; or
8    appoint a public health administrator who shall possess
9    such qualifications as may be prescribed by the State
10    Department of Public Health as the executive officer for
11    the department, provided that the board of health shall
12    make available medical supervision which is considered
13    adequate by the Director of Public Health; in a county
14    (other than Cook County or a county contiguous with Cook
15    County) that has a county health department established
16    under this Division 5-25 and also has a community mental
17    health board appointed by the chairman of the county
18    governing body under the Community Mental Health Act, the
19    county board of health may appoint the administrator of the
20    county community mental health services and facilities as
21    the medical health officer or public health administrator;
22        10 1/2. Appoint such professional employees as may be
23    approved by the executive officer who meet the
24    qualification requirements of the State Department of
25    Public Health for their respective positions provided,
26    that in those health departments temporarily without a

 

 

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1    medical health officer or public health administrator
2    approval by the State Department of Public Health shall
3    suffice;
4        11. Appoint such other officers and employees as may be
5    necessary;
6        12. Prescribe the powers and duties of all officers and
7    employees, fix their compensation, and authorize payment
8    of the same and all other department expenses from the
9    County Health Fund of the county or counties concerned;
10        13. Submit an annual budget to the county board or
11    boards;
12        14. Submit an annual report to the county board or
13    boards, explaining all of its activities and expenditures;
14        15. Establish and carry out programs and services in
15    mental health, including mental retardation and alcoholism
16    and substance abuse, not inconsistent with the regulations
17    of the Department of Human Services;
18        16. Consult with all other private and public health
19    agencies in the county in the development of local plans
20    for the most efficient delivery of health services.
21    (B) The board of health of each county or multiple-county
22health department may:
23        1. Initiate and carry out programs and activities of
24    all kinds, not inconsistent with law, that may be deemed
25    necessary or desirable in the promotion and protection of
26    health and in the control of disease including

 

 

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1    tuberculosis;
2        2. Receive contributions of real and personal
3    property;
4        3. Recommend to the county board or boards the adoption
5    of such ordinances and of such rules and regulations as may
6    be deemed necessary or desirable for the promotion and
7    protection of health and control of disease;
8        4. Appoint a medical and dental advisory committee and
9    a non-medical advisory committee to the health department;
10        5. Enter into contracts with the State,
11    municipalities, other political subdivisions and
12    non-official agencies for the purchase, sale or exchange of
13    health services;
14        6. Set fees it deems reasonable and necessary (i) to
15    provide services or perform regulatory activities, (ii)
16    when required by State or federal grant award conditions,
17    (iii) to support activities delegated to the board of
18    health by the Illinois Department of Public Health, or (iv)
19    when required by an agreement between the board of health
20    and other private or governmental organizations, unless
21    the fee has been established as a part of a regulatory
22    ordinance adopted by the county board, in which case the
23    board of health shall make recommendations to the county
24    board concerning those fees. Revenue generated under this
25    Section shall be deposited into the County Health Fund or
26    to the account of the multiple-county health department.

 

 

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1        7. Enter into multiple year employment contracts with
2    the medical health officer or public health administrator
3    as may be necessary for the recruitment and retention of
4    personnel and the proper functioning of the health
5    department.
6    (C) The board of health of a multiple-county health
7department may hire attorneys to represent and advise the
8department concerning matters that are not within the exclusive
9jurisdiction of the State's Attorney of one of the counties
10that created the department.
11(Source: P.A. 89-272, eff. 8-10-95; 89-507, eff. 7-1-97.)
 
12    Section 10. The Community Mental Health Act is amended by
13changing Section 3e as follows:
 
14    (405 ILCS 20/3e)  (from Ch. 91 1/2, par. 303e)
15    Sec. 3e. Board's powers and duties.
16    (1) Every community mental health board shall, immediately
17after appointment, meet and organize, by the election of one of
18its number as president and one as secretary and such other
19officers as it may deem necessary. It shall make rules and
20regulations concerning the rendition or operation of services
21and facilities which it directs, supervises or funds, not
22inconsistent with the provisions of this Act. It shall:
23        (a) Hold a meeting prior to July 1 of each year at
24    which officers shall be elected for the ensuing year

 

 

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1    beginning July 1;
2        (b) Hold meetings at least quarterly;
3        (c) Hold special meetings upon a written request signed
4    by at least 2 members and filed with the secretary;
5        (d) Review and evaluate community mental health
6    services and facilities, including services and facilities
7    for the treatment of alcoholism, drug addiction,
8    developmental disabilities and mental retardation;
9        (e) Authorize the disbursement of money from the
10    community mental health fund for payment for the ordinary
11    and contingent expenses of the board;
12        (f) Submit to the appointing officer and the members of
13    the governing body a written plan for a program of
14    community mental health services and facilities for
15    persons with a mental illness, a developmental disability,
16    or a substance use disorder. Such plan shall be for the
17    ensuing 12 month period. In addition, a plan shall be
18    developed for the ensuing 3 year period and such plan shall
19    be reviewed at the end of every 12 month period and shall
20    be modified as deemed advisable.
21        (g) Within amounts appropriated therefor, execute such
22    programs and maintain such services and facilities as may
23    be authorized under such appropriations, including amounts
24    appropriated under bond issues, if any;
25        (h) Publish the annual budget and report within 120
26    days after the end of the fiscal year in a newspaper

 

 

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1    distributed within the jurisdiction of the board, or, if no
2    newspaper is published within the jurisdiction of the
3    board, then one published in the county, or, if no
4    newspaper is published in the county, then in a newspaper
5    having general circulation within the jurisdiction of the
6    board. The report shall show the condition of its trust of
7    that year, the sums of money received from all sources,
8    giving the name of any donor, how all monies have been
9    expended and for what purpose, and such other statistics
10    and program information in regard to the work of the board
11    as it may deem of general interest. A copy of the budget
12    and the annual report shall be made available to the
13    Department of Human Services and to members of the General
14    Assembly whose districts include any part of the
15    jurisdiction of such board. The names of all employees,
16    consultants, and other personnel shall be set forth along
17    with the amounts of money received;
18        (i) Consult with other appropriate private and public
19    agencies in the development of local plans for the most
20    efficient delivery of mental health, developmental
21    disabilities, and substance use disorder services. The
22    Board is authorized to join and to participate in the
23    activities of associations organized for the purpose of
24    promoting more efficient and effective services and
25    programs;
26        (j) Have the authority to review and comment on all

 

 

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1    applications for grants by any person, corporation, or
2    governmental unit providing services within the
3    geographical area of the board which provides mental health
4    facilities and services, including services for the person
5    with a mental illness, a developmental disability, or a
6    substance use disorder. The board may require funding
7    applicants to send a copy of their funding application to
8    the board at the time such application is submitted to the
9    Department of Human Services or to any other local, State
10    or federal funding source or governmental agency. Within 60
11    days of the receipt of any application, the board shall
12    submit its review and comments to the Department of Human
13    Services or to any other appropriate local, State or
14    federal funding source or governmental agency. A copy of
15    the review and comments shall be submitted to the funding
16    applicant. Within 60 days thereafter, the Department of
17    Human Services or any other appropriate local or State
18    governmental agency shall issue a written response to the
19    board and the funding applicant. The Department of Human
20    Services shall supply any community mental health board
21    such information about purchase-of-care funds, State
22    facility utilization, and costs in its geographical area as
23    the board may request provided that the information
24    requested is for the purpose of the Community Mental Health
25    Board complying with the requirements of Section 3f,
26    subsection (f) of this Act;

 

 

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1        (k) Perform such other acts as may be necessary or
2    proper to carry out the purposes of this Act.
3    (2) The community mental health board has the following
4powers:
5        (a) The board may enter into multiple-year contracts
6    for rendition or operation of services, facilities and
7    educational programs.
8        (b) The board may arrange through intergovernmental
9    agreements or intragovernmental agreements or both for the
10    rendition of services and operation of facilities by other
11    agencies or departments of the governmental unit or county
12    in which the governmental unit is located with the approval
13    of the governing body.
14        (c) To employ, establish compensation for, and set
15    policies for its personnel, including legal counsel, as may
16    be necessary to carry out the purposes of this Act and
17    prescribe the duties thereof. The board may enter into
18    multiple-year employment contracts as may be necessary for
19    the recruitment and retention of personnel and the proper
20    functioning of the board.
21        (c-5) In a county (other than Cook County or a county
22    contiguous with Cook County) that has a community mental
23    health board appointed by the chairman of the county
24    governing body under this Act and also has a county health
25    department established under Division 5-25 of the Counties
26    Code, the community mental health board may employ the

 

 

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1    county medical health officer or public health
2    administrator as the administrator of the county community
3    mental health services and facilities.
4        (d) The board may enter into multiple-year joint
5    agreements, which shall be written, with other mental
6    health boards and boards of health to provide jointly
7    agreed upon community mental health facilities and
8    services and to pool such funds as may be deemed necessary
9    and available for this purpose.
10        (e) The board may organize a not-for-profit
11    corporation for the purpose of providing direct recipient
12    services. Such corporations shall have, in addition to all
13    other lawful powers, the power to contract with persons to
14    furnish services for recipients of the corporation's
15    facilities, including psychiatrists and other physicians
16    licensed in this State to practice medicine in all of its
17    branches. Such physicians shall be considered independent
18    contractors, and liability for any malpractice shall not
19    extend to such corporation, nor to the community mental
20    health board, except for gross negligence in entering into
21    such a contract.
22        (f) The board shall not operate any direct recipient
23    services for more than a 2-year period when such services
24    are being provided in the governmental unit, but shall
25    encourage, by financial support, the development of
26    private agencies to deliver such needed services, pursuant

 

 

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1    to regulations of the board.
2        (g) Where there are multiple boards within the same
3    planning area, as established by the Department of Human
4    Services, services may be purchased through a single
5    delivery system. In such areas, a coordinating body with
6    representation from each board shall be established to
7    carry out the service functions of this Act. In the event
8    any such coordinating body purchases or improves real
9    property, such body shall first obtain the approval of the
10    governing bodies of the governmental units in which the
11    coordinating body is located.
12        (h) The board may enter into multiple-year joint
13    agreements with other governmental units located within
14    the geographical area of the board. Such agreements shall
15    be written and shall provide for the rendition of services
16    by the board to the residents of such governmental units.
17        (i) The board may enter into multiple-year joint
18    agreements with federal, State, and local governments,
19    including the Department of Human Services, whereby the
20    board will provide certain services. All such joint
21    agreements must provide for the exchange of relevant data.
22    However, nothing in this Act shall be construed to permit
23    the abridgement of the confidentiality of patient records.
24        (j) The board may receive gifts from private sources
25    for purposes not inconsistent with the provisions of this
26    Act.

 

 

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1        (k) The board may receive Federal, State and local
2    funds for purposes not inconsistent with the provisions of
3    this Act.
4        (l) The board may establish scholarship programs. Such
5    programs shall require equivalent service or reimbursement
6    pursuant to regulations of the board.
7        (m) The board may sell, rent, or lease real property
8    for purposes consistent with this Act.
9        (n) The board may: (i) own real property, lease real
10    property as lessee, or acquire real property by purchase,
11    construction, lease-purchase agreement, or otherwise; (ii)
12    take title to the property in the board's name; (iii)
13    borrow money and issue debt instruments, mortgages,
14    purchase-money mortgages, and other security instruments
15    with respect to the property; and (iv) maintain, repair,
16    remodel, or improve the property. All of these activities
17    must be for purposes consistent with this Act as may be
18    reasonably necessary for the housing and proper
19    functioning of the board. The board may use moneys in the
20    Community Mental Health Fund for these purposes.
21        (o) The board may organize a not-for-profit
22    corporation (i) for the purpose of raising money to be
23    distributed by the board for providing community mental
24    health services and facilities for the treatment of
25    alcoholism, drug addiction, developmental disabilities,
26    and mental retardation or (ii) for other purposes not

 

 

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1    inconsistent with this Act.
2(Source: P.A. 95-336, eff. 8-21-07.)