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1 | | deposited 100% into the Community Mental Health Medicaid Trust |
2 | | Fund. Not more than $4,500,000 of the Community Mental Health |
3 | | Medicaid Trust Fund may be used by the Department of Human |
4 | | Services' Division of Mental Health for oversight and |
5 | | administration of community mental health services, and of that |
6 | | amount no more than $1,000,000 may be used for the support of |
7 | | community mental health service initiatives. The remainder |
8 | | shall be used for the purchase of community mental health |
9 | | services.
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10 | | (b-5) Whenever a State mental health facility operated by |
11 | | the Department is closed and the real estate on which the |
12 | | facility is located is sold by the State, the net proceeds of |
13 | | the sale of the real estate shall be deposited into the |
14 | | Community Mental Health Medicaid Trust Fund and used for the |
15 | | purposes enumerated in subsections (c) and (c-1) of Section 4.6 |
16 | | of the Community Services Act; however, under subsection (e) of |
17 | | Section 4.6 of the Community Services Act, the Department may |
18 | | set aside a portion of the net proceeds of the sale of the real |
19 | | estate for deposit into the Human Services Priority Capital |
20 | | Program Fund. The portion set aside shall be used for the |
21 | | purposes enumerated in Section 6z-71 of the State Finance Act . |
22 | | (c) The Department shall reimburse community mental health
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23 | | providers for
services provided to eligible
individuals. |
24 | | Moneys in the Trust Fund may be
used for that purpose.
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25 | | (c-5) The Community Mental Health Medicaid Trust Fund is |
26 | | not subject to administrative charge-backs. |
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1 | | (c-10) The Department of Human Services shall annually |
2 | | report to the Governor and the General Assembly, by September |
3 | | 1, on both the total revenue deposited into the Trust Fund and |
4 | | the total expenditures made from the Trust Fund for the |
5 | | previous fiscal year. This report shall include detailed |
6 | | descriptions of both revenues and expenditures regarding the |
7 | | Trust Fund from the previous fiscal year. This report shall be |
8 | | presented by the Secretary of Human Services to the appropriate |
9 | | Appropriations Committee in the House of Representatives, as |
10 | | determined by the Speaker of the House, and in the Senate, as |
11 | | determined by the President of the Senate. This report shall be |
12 | | made available to the public and shall be published on the |
13 | | Department of Human Services' website in an appropriate |
14 | | location, a minimum of one week prior to presentation of the |
15 | | report to the General Assembly. |
16 | | (d) As used in this Section:
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17 | | "Trust Fund" means the Community Mental Health Medicaid |
18 | | Trust Fund. |
19 | | "Community mental health provider" means a community |
20 | | agency that is funded by the Department to
provide a service.
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21 | | "Service" means a mental health service
provided pursuant |
22 | | to the provisions of administrative rules adopted by the |
23 | | Department and funded by or claimed through the Department of |
24 | | Human Services' Division of Mental Health.
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25 | | (Source: P.A. 96-660, eff. 8-25-09; 96-820, eff. 11-18-09; |
26 | | 96-868, 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 |
3 | | Medicaid Trust Fund; reimbursement. |
4 | | (a) The Community Developmental Disability Services |
5 | | Medicaid Trust Fund is hereby created in the State treasury.
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6 | | (b) Except as provided in subsection (b-5), any funds in |
7 | | any fiscal year paid to the State by the federal government |
8 | | under Title XIX or Title XXI of the Social Security Act for |
9 | | services delivered by community developmental disability |
10 | | services providers for services relating to Developmental |
11 | | Training and Community Integrated Living Arrangements as a |
12 | | result of the conversion of such providers from a grant payment |
13 | | methodology to a fee-for-service payment methodology, or any |
14 | | other funds paid to the State for any subsequent revenue |
15 | | maximization initiatives performed by such providers, and any |
16 | | interest earned thereon, shall be deposited directly into the |
17 | | Community Developmental Disability Services Medicaid Trust |
18 | | Fund to pay for Medicaid-reimbursed community developmental |
19 | | disability services provided to eligible individuals. |
20 | | (b-5) Beginning in State fiscal year 2008, any funds paid |
21 | | to the State by the federal government under Title XIX or Title |
22 | | XXI of the Social Security Act for services delivered through |
23 | | the Children's Residential Waiver and the Children's In-Home |
24 | | Support Waiver shall be deposited directly into the Trust Fund |
25 | | and shall not be subject to the transfer provisions of |
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1 | | subsection (b). |
2 | | (b-7) The Community Developmental Disability Services |
3 | | Medicaid Trust Fund is not subject to administrative |
4 | | charge-backs. |
5 | | (b-9) The Department of Human Services shall annually |
6 | | report to the Governor and the General Assembly, by September |
7 | | 1, on both the total revenue deposited into the Trust Fund and |
8 | | the total expenditures made from the Trust Fund for the |
9 | | previous fiscal year. This report shall include detailed |
10 | | descriptions of both revenues and expenditures regarding the |
11 | | Trust Fund from the previous fiscal year. This report shall be |
12 | | presented by the Secretary of Human Services to the appropriate |
13 | | Appropriations Committee in the House of Representatives, as |
14 | | determined by the Speaker of the House, and in the Senate, as |
15 | | determined by the President of the Senate. This report shall be |
16 | | made available to the public and shall be published on the |
17 | | Department of Human Services' website in an appropriate |
18 | | location, a minimum of one week prior to presentation of the |
19 | | report to the General Assembly. |
20 | | (b-10) Whenever a State developmental disabilities |
21 | | facility operated by the Department is closed and the real |
22 | | estate on which the facility is located is sold by the State, |
23 | | the net proceeds of the sale of the real estate shall be |
24 | | deposited into the Community Developmental Disability Services |
25 | | Medicaid Trust Fund and used for the purposes enumerated in |
26 | | subsections (c) and (d) of Section 4.6 of the Community |
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1 | | Services Act; however, under subsection (e) of Section 4.6 of |
2 | | the Community Services Act, the Department may set aside a |
3 | | portion of the net proceeds of the sale of the real estate for |
4 | | deposit into the Human Services Priority Capital Program Fund. |
5 | | The portion set aside shall be used for the purposes enumerated |
6 | | in Section 6z-71 of the State Finance Act . |
7 | | (c) For purposes of this Section: |
8 | | "Trust Fund" means the Community Developmental Disability |
9 | | Services Medicaid Trust Fund. |
10 | | "Medicaid-reimbursed developmental disability services" |
11 | | means services provided by a community developmental |
12 | | disability provider under an agreement with the Department that |
13 | | is eligible for reimbursement under the federal Title XIX |
14 | | program or Title XXI program. |
15 | | "Provider" means a qualified entity as defined in the |
16 | | State's Home and
Community-Based Services Waiver for Persons |
17 | | with Developmental Disabilities that is funded by the |
18 | | Department to provide a Medicaid-reimbursed service. |
19 | | "Revenue maximization alternatives" do not include |
20 | | increases in
funds paid to the State as a result of growth in |
21 | | spending through service expansion or
rate increases.
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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 |
24 | | Section 6z-71 as follows: |
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1 | | (30 ILCS 105/6z-71) |
2 | | Sec. 6z-71. Human Services Priority Capital Program Fund. |
3 | | The Human Services Priority Capital Program Fund is created as |
4 | | a special fund in the State treasury. Subject to appropriation, |
5 | | the Department of Human Services shall use moneys in the Human |
6 | | Services Priority Capital Program Fund to make grants to the |
7 | | Illinois Facilities Fund, a not-for-profit corporation, to |
8 | | make long term below market rate loans to nonprofit human |
9 | | service providers working under contract to the State of |
10 | | Illinois to assist those providers in meeting their capital |
11 | | needs. The loans shall be for the purpose of such capital |
12 | | needs, including but not limited to special use facilities, |
13 | | requirements for serving the disabled, mentally ill, or |
14 | | substance abusers, and medical and technology equipment. Loan |
15 | | repayments shall be deposited into the Human Services Priority |
16 | | Capital Program Fund. Interest income may be used to cover |
17 | | expenses of the program. The Illinois Facilities Fund shall |
18 | | report to the Department of Human Services and the General |
19 | | Assembly by April 1, 2008, and again by April 1, 2009, as to |
20 | | the use and earnings of the program.
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21 | | A portion of the proceeds from the sale of a mental health |
22 | | facility or developmental disabilities facility operated by |
23 | | the Department of Human Services may be deposited into the Fund |
24 | | and 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 |
2 | | changing Section 4.6 as follows: |
3 | | (405 ILCS 30/4.6) |
4 | | Sec. 4.6. Closure and sale of State mental health or |
5 | | developmental disabilities facility. |
6 | | (a) Whenever a State mental health facility operated by the |
7 | | Department of Human Services is closed and the real estate on |
8 | | which the facility is located is sold by the State, then, to |
9 | | the extent that net proceeds are realized from the sale of that |
10 | | real estate, those net proceeds must be used for mental health |
11 | | services or to support mental health services directed toward |
12 | | providing
other services and supports for persons with mental |
13 | | health needs . To that end, those net proceeds shall be |
14 | | deposited into the Community Mental Health Medicaid Trust Fund. |
15 | | The net proceeds from the sale of a State mental health |
16 | | facility may be spent over a number of fiscal years and are not |
17 | | required to be spent in the same fiscal year in which they are |
18 | | deposited. |
19 | | (b) Whenever a State developmental disabilities facility |
20 | | operated by the Department of Human Services is closed and the |
21 | | real estate on which the facility is located is sold by the |
22 | | State, then, to the extent that net proceeds are realized from |
23 | | the sale of that real estate, those net proceeds must be |
24 | | directed toward providing
other services and supports for |
25 | | persons with developmental disabilities needs. To that end, |
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1 | | those net proceeds shall be deposited into the Community |
2 | | Developmental Disability Services Medicaid Trust Fund. The net |
3 | | proceeds from the sale of a State developmental disabilities |
4 | | facility may be spent over a number of fiscal years and are not |
5 | | required to be spent in the same fiscal year in which they are |
6 | | deposited. |
7 | | (c) The sale of a State mental health or developmental |
8 | | disabilities facility shall be done in accordance with |
9 | | applicable State laws and, if a State mental health or |
10 | | developmental disabilities facility to be sold has been |
11 | | financed or refinanced with tax-exempt bonds, applicable |
12 | | federal laws. In determining whether any net proceeds are |
13 | | realized from a sale of real estate described in subsection (a) |
14 | | or (b), the Division of Developmental Disabilities and the |
15 | | Division of Mental Health of the Department of Human Services |
16 | | shall each first determine the money, if any, that shall be |
17 | | made available for infrastructure not to exceed 25% of the |
18 | | proceeds of the sale of the real estate to ensure that life, |
19 | | safety, and care concerns , including infrastructure, are |
20 | | addressed so as to provide for persons with developmental |
21 | | disabilities or mental illness at the remaining respective |
22 | | State-operated facilities that will be expected to serve the |
23 | | individuals previously served at the closed facility . That |
24 | | amount shall be excluded from the calculation of net proceeds |
25 | | by the Division of Developmental Disabilities or the Division |
26 | | of Mental Health, or both, of the Department of Human Services. |
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1 | | Amounts determined by the Department for infrastructure to be |
2 | | necessary to ensure that life, safety, and care concerns are |
3 | | addressed, shall be deposited, respectively, into the |
4 | | Community Mental Health Medicaid Trust Fund or the Community |
5 | | Developmental Disability Services Medicaid Trust Fund. |
6 | | (c-1) To the extent that a State mental health facility |
7 | | which has been closed served a geographical area, at minimum, |
8 | | 40% of the resulting net proceeds of its sale shall be made |
9 | | exclusively in the facility's geographical area. If any other |
10 | | State-operated mental health facility which served a specific |
11 | | geographic area was closed within one year before or after the |
12 | | closure of the facility whose sale has resulted in net proceeds |
13 | | under this Section, 20% of the proceeds shall be used to |
14 | | provide services in the geographic area of this facility. The |
15 | | remainder of the net proceeds may be spent anywhere in the |
16 | | State. All net proceeds may be used for the following mental |
17 | | health 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 |
9 | | real estate as provided in subsection (b) of this Section may |
10 | | be 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 |
9 | | real estate as provided in this Section, the Department of |
10 | | Human Services shall share and discuss its plan or plans for |
11 | | using those net proceeds with advocates, advocacy |
12 | | organizations, and advisory groups whose
mission
includes |
13 | | advocacy for persons with developmental disabilities or |
14 | | persons with
mental
illness.
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15 | | (f) Consistent with the provisions of Sections 4.4 and 4.5 |
16 | | of this Act, whenever a State mental health facility operated |
17 | | by the Department of Human Services is closed, the Department |
18 | | of Human Services, at the direction of the Governor, shall |
19 | | transfer funds from the closed facility to the appropriate line |
20 | | item providing appropriation authority for the new venue of |
21 | | care to facilitate the transition of services to the new venue |
22 | | of care, provided that the new venue of care is a Department of |
23 | | Human Services funded provider or facility. |
24 | | (g) As used in this Section, the term "mental health |
25 | | facility" has the meaning ascribed to that term in the Mental |
26 | | Health and Developmental Disabilities Code. |