Sen. Michael E. Hastings

Filed: 3/20/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 822

2    AMENDMENT NO. ______. Amend Senate Bill 822, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Mental Health and Developmental
6Disabilities Administrative Act is amended by changing
7Sections 18.4 and 18.5 as follows:
 
8    (20 ILCS 1705/18.4)
9    Sec. 18.4. Community Mental Health Medicaid Trust Fund;
10reimbursement.
11    (a) The Community Mental Health Medicaid Trust Fund is
12hereby created in the State Treasury.
13    (b) Amounts paid to the State during each State fiscal year
14by the federal government under Title XIX or Title XXI of the
15Social Security Act for services delivered by community mental
16health providers, and any interest earned thereon, shall be

 

 

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1deposited 100% into the Community Mental Health Medicaid Trust
2Fund. Not more than $4,500,000 of the Community Mental Health
3Medicaid Trust Fund may be used by the Department of Human
4Services' Division of Mental Health for oversight and
5administration of community mental health services, and of that
6amount no more than $1,000,000 may be used for the support of
7community mental health service initiatives. The remainder
8shall be used for the purchase of community mental health
9services.
10    (b-5) Whenever a State mental health facility operated by
11the Department is closed and the real estate on which the
12facility is located is sold by the State, the net proceeds of
13the sale of the real estate shall be deposited into the
14Community Mental Health Medicaid Trust Fund and used for the
15purposes enumerated in subsections (c) and (c-1) of Section 4.6
16of the Community Services Act; however, under subsection (e) of
17Section 4.6 of the Community Services Act, the Department may
18set aside a portion of the net proceeds of the sale of the real
19estate for deposit into the Human Services Priority Capital
20Program Fund. The portion set aside shall be used for the
21purposes enumerated in Section 6z-71 of the State Finance Act.
22    (c) The Department shall reimburse community mental health
23providers for services provided to eligible individuals.
24Moneys in the Trust Fund may be used for that purpose.
25    (c-5) The Community Mental Health Medicaid Trust Fund is
26not subject to administrative charge-backs.

 

 

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1    (c-10) The Department of Human Services shall annually
2report to the Governor and the General Assembly, by September
31, on both the total revenue deposited into the Trust Fund and
4the total expenditures made from the Trust Fund for the
5previous fiscal year. This report shall include detailed
6descriptions of both revenues and expenditures regarding the
7Trust Fund from the previous fiscal year. This report shall be
8presented by the Secretary of Human Services to the appropriate
9Appropriations Committee in the House of Representatives, as
10determined by the Speaker of the House, and in the Senate, as
11determined by the President of the Senate. This report shall be
12made available to the public and shall be published on the
13Department of Human Services' website in an appropriate
14location, a minimum of one week prior to presentation of the
15report to the General Assembly.
16    (d) As used in this Section:
17    "Trust Fund" means the Community Mental Health Medicaid
18Trust Fund.
19    "Community mental health provider" means a community
20agency that is funded by the Department to provide a service.
21    "Service" means a mental health service provided pursuant
22to the provisions of administrative rules adopted by the
23Department and funded by or claimed through the Department of
24Human Services' Division of Mental Health.
25(Source: P.A. 96-660, eff. 8-25-09; 96-820, eff. 11-18-09;
2696-868, eff. 7-1-12; 97-333, eff. 8-12-11.)
 

 

 

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1    (20 ILCS 1705/18.5)
2    Sec. 18.5. Community Developmental Disability Services
3Medicaid Trust Fund; reimbursement.
4    (a) The Community Developmental Disability Services
5Medicaid Trust Fund is hereby created in the State treasury.
6    (b) Except as provided in subsection (b-5), any funds in
7any fiscal year paid to the State by the federal government
8under Title XIX or Title XXI of the Social Security Act for
9services delivered by community developmental disability
10services providers for services relating to Developmental
11Training and Community Integrated Living Arrangements as a
12result of the conversion of such providers from a grant payment
13methodology to a fee-for-service payment methodology, or any
14other funds paid to the State for any subsequent revenue
15maximization initiatives performed by such providers, and any
16interest earned thereon, shall be deposited directly into the
17Community Developmental Disability Services Medicaid Trust
18Fund to pay for Medicaid-reimbursed community developmental
19disability services provided to eligible individuals.
20    (b-5) Beginning in State fiscal year 2008, any funds paid
21to the State by the federal government under Title XIX or Title
22XXI of the Social Security Act for services delivered through
23the Children's Residential Waiver and the Children's In-Home
24Support Waiver shall be deposited directly into the Trust Fund
25and shall not be subject to the transfer provisions of

 

 

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1subsection (b).
2    (b-7) The Community Developmental Disability Services
3Medicaid Trust Fund is not subject to administrative
4charge-backs.
5    (b-9) The Department of Human Services shall annually
6report to the Governor and the General Assembly, by September
71, on both the total revenue deposited into the Trust Fund and
8the total expenditures made from the Trust Fund for the
9previous fiscal year. This report shall include detailed
10descriptions of both revenues and expenditures regarding the
11Trust Fund from the previous fiscal year. This report shall be
12presented by the Secretary of Human Services to the appropriate
13Appropriations Committee in the House of Representatives, as
14determined by the Speaker of the House, and in the Senate, as
15determined by the President of the Senate. This report shall be
16made available to the public and shall be published on the
17Department of Human Services' website in an appropriate
18location, a minimum of one week prior to presentation of the
19report to the General Assembly.
20    (b-10) Whenever a State developmental disabilities
21facility operated by the Department is closed and the real
22estate on which the facility is located is sold by the State,
23the net proceeds of the sale of the real estate shall be
24deposited into the Community Developmental Disability Services
25Medicaid Trust Fund and used for the purposes enumerated in
26subsections (c) and (d) of Section 4.6 of the Community

 

 

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1Services Act; however, under subsection (e) of Section 4.6 of
2the Community Services Act, the Department may set aside a
3portion of the net proceeds of the sale of the real estate for
4deposit into the Human Services Priority Capital Program Fund.
5The portion set aside shall be used for the purposes enumerated
6in Section 6z-71 of the State Finance Act.
7    (c) For purposes of this Section:
8    "Trust Fund" means the Community Developmental Disability
9Services Medicaid Trust Fund.
10    "Medicaid-reimbursed developmental disability services"
11means services provided by a community developmental
12disability provider under an agreement with the Department that
13is eligible for reimbursement under the federal Title XIX
14program or Title XXI program.
15    "Provider" means a qualified entity as defined in the
16State's Home and Community-Based Services Waiver for Persons
17with Developmental Disabilities that is funded by the
18Department to provide a Medicaid-reimbursed service.
19    "Revenue maximization alternatives" do not include
20increases in funds paid to the State as a result of growth in
21spending through service expansion or rate increases.
22(Source: P.A. 96-660, eff. 8-25-09; 96-868, eff. 7-1-12.)
 
23    Section 10. The State Finance Act is amended by changing
24Section 6z-71 as follows:
 

 

 

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1    (30 ILCS 105/6z-71)
2    Sec. 6z-71. Human Services Priority Capital Program Fund.
3The Human Services Priority Capital Program Fund is created as
4a special fund in the State treasury. Subject to appropriation,
5the Department of Human Services shall use moneys in the Human
6Services Priority Capital Program Fund to make grants to the
7Illinois Facilities Fund, a not-for-profit corporation, to
8make long term below market rate loans to nonprofit human
9service providers working under contract to the State of
10Illinois to assist those providers in meeting their capital
11needs. The loans shall be for the purpose of such capital
12needs, including but not limited to special use facilities,
13requirements for serving the disabled, mentally ill, or
14substance abusers, and medical and technology equipment. Loan
15repayments shall be deposited into the Human Services Priority
16Capital Program Fund. Interest income may be used to cover
17expenses of the program. The Illinois Facilities Fund shall
18report to the Department of Human Services and the General
19Assembly by April 1, 2008, and again by April 1, 2009, as to
20the use and earnings of the program.
21    A portion of the proceeds from the sale of a mental health
22facility or developmental disabilities facility operated by
23the Department of Human Services may be deposited into the Fund
24and may be used for the purposes described in this Section.
25(Source: P.A. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08.)
 

 

 

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1    Section 15. 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 used for mental health
11services or to support mental health services directed toward
12providing other services and supports for persons with mental
13health needs. To that end, those net proceeds shall be
14deposited into the Community Mental Health Medicaid Trust Fund.
15The net proceeds from the sale of a State mental health
16facility may be spent over a number of fiscal years and are not
17required to be spent in the same fiscal year in which they are
18deposited.
19    (b) Whenever a State developmental disabilities facility
20operated by the Department of Human Services is closed and the
21real estate on which the facility is located is sold by the
22State, then, to the extent that net proceeds are realized from
23the sale of that real estate, those net proceeds must be
24directed toward providing other services and supports for
25persons with developmental disabilities needs. To that end,

 

 

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1those net proceeds shall be deposited into the Community
2Developmental Disability Services Medicaid Trust Fund. The net
3proceeds from the sale of a State developmental disabilities
4facility may be spent over a number of fiscal years and are not
5required to be spent in the same fiscal year in which they are
6deposited.
7    (c) The sale of a State mental health or developmental
8disabilities facility shall be done in accordance with
9applicable State laws and, if a State mental health or
10developmental disabilities facility to be sold has been
11financed or refinanced with tax-exempt bonds, applicable
12federal laws. In determining whether any net proceeds are
13realized from a sale of real estate described in subsection (a)
14or (b), the Division of Developmental Disabilities and the
15Division of Mental Health of the Department of Human Services
16shall each first determine the money, if any, that shall be
17made available for infrastructure not to exceed 25% of the
18proceeds of the sale of the real estate to ensure that life,
19safety, and care concerns, including infrastructure, are
20addressed so as to provide for persons with developmental
21disabilities or mental illness at the remaining respective
22State-operated facilities that will be expected to serve the
23individuals previously served at the closed facility. That
24amount shall be excluded from the calculation of net proceeds
25by the Division of Developmental Disabilities or the Division
26of Mental Health, or both, of the Department of Human Services.

 

 

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1Amounts determined by the Department for infrastructure to be
2necessary to ensure that life, safety, and care concerns are
3addressed, shall be deposited, respectively, into the
4Community Mental Health Medicaid Trust Fund or the Community
5Developmental Disability Services Medicaid Trust Fund.
6    (c-1) To the extent that a State mental health facility
7which has been closed served a geographical area, at minimum,
840% of the resulting net proceeds of its sale shall be made
9exclusively in the facility's geographical area. If any other
10State-operated mental health facility which served a specific
11geographic area was closed within one year before or after the
12closure of the facility whose sale has resulted in net proceeds
13under this Section, 20% of the proceeds shall be used to
14provide services in the geographic area of this facility. The
15remainder of the net proceeds may be spent anywhere in the
16State. All net proceeds may be used for the following mental
17health services and supports, to include, but not limited to:
18        (1) Permanent Supportive housing.
19        (2) Technology that enables behavioral health
20    providers to participate in health information exchanges.
21        (3) Assertive Community Treatment and Community
22    Support Team.
23        (4) Transitional living apartments.
24        (5) Crisis residential services targeted at diverting
25    persons with mental illnesses from emergency departments,
26    (including peer run crisis services).

 

 

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1        (6) Psychiatric services.
2        (7) Community mental health services targeted at
3    diverting persons with mental illness from the criminal
4    justice system.
5        (8) Individual Placement and Support and other
6    services to support employment.
7        (9) Alcohol and substance abuse treatment.
8    (d) The purposes for which the net proceeds from a sale of
9real estate as provided in subsection (b) of this Section may
10be used include, but are not limited to, the following:
11        (1) Providing individuals with developmental
12    disabilities community–based Medicaid services and
13    supports such as residential habilitation, day programs,
14    supported employment, home-based supports, therapies,
15    adaptive equipment, and home modifications.
16        (2) Assisting individuals with developmental
17    disabilities through case management, service
18    coordination, and assessments.
19        (3) Strengthening the service delivery system through
20    crisis intervention services.
21        (4) Enhancing the service delivery system through
22    infrastructure improvements, including technology
23    improvements.
24        (1) Providing for individuals with developmental
25    disabilities and mental health needs the services and
26    supports described in subsection (e) of Section 4.4.

 

 

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1        (2) In the case of the closure of a mental health
2    facility, the construction of a new facility to serve the
3    needs of persons with mental health needs.
4        (3) In the case of the closure of a developmental
5    disabilities facility, construction of a new facility to
6    serve the needs of persons with developmental disabilities
7    needs.
8    (e) Whenever any net proceeds are realized from a sale of
9real estate as provided in this Section, the Department of
10Human Services shall share and discuss its plan or plans for
11using those net proceeds with advocates, advocacy
12organizations, and advisory groups whose mission includes
13advocacy for persons with developmental disabilities or
14persons with mental illness.
15    (f) Consistent with the provisions of Sections 4.4 and 4.5
16of this Act, whenever a State mental health facility operated
17by the Department of Human Services is closed, the Department
18of Human Services, at the direction of the Governor, shall
19transfer funds from the closed facility to the appropriate line
20item providing appropriation authority for the new venue of
21care to facilitate the transition of services to the new venue
22of care, provided that the new venue of care is a Department of
23Human Services funded provider or facility.
24    (g) As used in this Section, the term "mental health
25facility" has the meaning ascribed to that term in the Mental
26Health and Developmental Disabilities Code.

 

 

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1(Source: P.A. 98-403, eff. 1-1-14.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".