Illinois General Assembly - Full Text of HB4252
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Full Text of HB4252  101st General Assembly

HB4252 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4252

 

Introduced 1/27/2020, by Rep. Debbie Meyers-Martin

 

SYNOPSIS AS INTRODUCED:
 
405 ILCS 5/2-200  from Ch. 91 1/2, par. 2-200
405 ILCS 5/3-207  from Ch. 91 1/2, par. 3-207
405 ILCS 5/3-908  from Ch. 91 1/2, par. 3-908

    Amends the Mental Health and Developmental Disabilities Code. Provides that the notice of a recipient's rights includes, if applicable, the recipient's right to request a transfer to a different Department of Human Services facility. Provides that a recipient, his or her attorney, guardian, if any, and responsible relative, in any Department facility may make a written application to the facility director of the recipient's current facility to transfer to another Department facility. Provides that the Department shall provide the form to make such an application to a recipient, his or her attorney, guardian, if any, and responsible relative upon request. Provides that a recipient of services shall not include a person with the primary diagnosis of a developmental disability. Provides that upon receipt of the recipient's application, the facility director shall promptly schedule a hearing to be held within 7 days. Provides that the hearing shall be held at the recipient's current facility. Establishes the recipient's burden of proof at the transfer hearing. Provides that if a recipient's application for transfer is denied, no application may be filed for 180 days. Provides that the recipient does, however, have the right to administratively appeal any decision of the utilization review committee. Effective immediately.


LRB101 17439 RLC 66848 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4252LRB101 17439 RLC 66848 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Code is amended by changing Sections 2-200, 3-207,
6and 3-908 as follows:
 
7    (405 ILCS 5/2-200)  (from Ch. 91 1/2, par. 2-200)
8    Sec. 2-200. (a) Upon commencement of services, or as soon
9thereafter as the condition of the recipient permits, every
10adult recipient, as well as the recipient's guardian or
11substitute decision maker, and every recipient who is 12 years
12of age or older and the parent or guardian of a minor or person
13under guardianship shall be informed orally and in writing of
14the rights guaranteed by this Chapter which are relevant to the
15nature of the recipient's services program. The notice shall
16include, if applicable, the recipient's right to request a
17transfer to a different Department facility under Section
183-908. Every facility shall also post conspicuously in public
19areas a summary of the rights which are relevant to the
20services delivered by that facility as well as contact
21information for the Guardianship and Advocacy Commission and
22the agency designated by the Governor under Section 1 of the
23Protection and Advocacy for Persons with Developmental

 

 

HB4252- 2 -LRB101 17439 RLC 66848 b

1Disabilities Act.
2    (b) A recipient who is 12 years of age or older and the
3parent or guardian of a minor or person under guardianship at
4any time may designate, and upon commencement of services shall
5be informed of the right to designate, a person or agency to
6receive notice under Section 2-201 or to direct that no
7information about the recipient be disclosed to any person or
8agency.
9    (c) Upon commencement of services, or as soon thereafter as
10the condition of the recipient permits, the facility shall ask
11the adult recipient or minor recipient admitted pursuant to
12Section 3-502 whether the recipient wants the facility to
13contact the recipient's spouse, parents, guardian, close
14relatives, friends, attorney, advocate from the Guardianship
15and Advocacy Commission or the agency designated by the
16Governor under Section 1 of the Protection and Advocacy for
17Persons with Developmental Disabilities Act, or others and
18inform them of the recipient's presence at the facility. The
19facility shall by phone or by mail contact at least two of
20those people designated by the recipient and shall inform them
21of the recipient's location. If the recipient so requests, the
22facility shall also inform them of how to contact the
23recipient.
24    (d) Upon commencement of services, or as soon thereafter as
25the condition of the recipient permits, the facility shall
26advise the recipient as to the circumstances under which the

 

 

HB4252- 3 -LRB101 17439 RLC 66848 b

1law permits the use of emergency forced medication or
2electroconvulsive therapy under subsection (a) of Section
32-107, restraint under Section 2-108, or seclusion under
4Section 2-109. At the same time, the facility shall inquire of
5the recipient which form of intervention the recipient would
6prefer if any of these circumstances should arise. The
7recipient's preference shall be noted in the recipient's record
8and communicated by the facility to the recipient's guardian or
9substitute decision maker, if any, and any other individual
10designated by the recipient. If any such circumstances
11subsequently do arise, the facility shall give due
12consideration to the preferences of the recipient regarding
13which form of intervention to use as communicated to the
14facility by the recipient or as stated in the recipient's
15advance directive.
16(Source: P.A. 100-915, eff. 1-1-19.)
 
17    (405 ILCS 5/3-207)  (from Ch. 91 1/2, par. 3-207)
18    Sec. 3-207. (a) Hearings under Sections 3-405, 3-904,
193-908, and 3-911 of this Chapter shall be conducted by a
20utilization review committee. The Secretary shall appoint a
21utilization review committee at each Department facility. Each
22such committee shall consist of a multi-disciplinary group of
23professional staff members who are trained and equipped to deal
24with the clinical and treatment needs of recipients. The
25recipient and the objector may be represented by persons of

 

 

HB4252- 4 -LRB101 17439 RLC 66848 b

1their choice.
2    (b) The committee shall not be bound by rules of evidence
3or procedure but shall conduct the proceedings in a manner
4intended to ensure a fair hearing. The committee may make such
5investigation as it deems necessary. A record of the
6proceedings shall be made and shall be kept in the recipient's
7record. Within 3 days of conclusion of the hearing, the
8committee shall submit to the facility director its written
9recommendations which include its factual findings and
10conclusions. A copy of the recommendations shall be given to
11the recipient and the objector.
12    (c) Within 7 days of receipt of the recommendations, the
13facility director shall give written notice to the recipient
14and objector of his acceptance or rejection of the
15recommendations and his reason therefor. If the director of the
16facility rejects the recommendations or if the recipient or
17objector requests review of the director's decision, the
18director shall promptly forward a copy of his decision, the
19recommendations, and the record of the hearing to the Secretary
20of the Department for final review. The decision of the
21director or the decision of the Secretary of the Department, if
22his review was requested, shall be considered a final
23administrative decision.
24(Source: P.A. 91-726, eff. 6-2-00.)
 
25    (405 ILCS 5/3-908)  (from Ch. 91 1/2, par. 3-908)

 

 

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1    Sec. 3-908. Application for transfer of recipient to
2another Department facility.
3    (a) The facility director of any Department facility may
4transfer a recipient to another Department facility if he
5determines the transfer to be clinically advisable and
6consistent with the treatment needs of the recipient.
7    (b) A recipient, his or her attorney, guardian, if any, and
8responsible relative, in any Department facility may make a
9written application to the facility director of the recipient's
10current facility to transfer to another Department facility.
11The Department shall provide the form to make such an
12application to a recipient, his or her attorney, guardian, if
13any, and responsible relative upon request. A recipient of
14services shall not include a person with the primary diagnosis
15of a developmental disability.
16    (c) Upon receipt of the recipient's application, the
17facility director shall promptly schedule a hearing to be held
18within 7 days under Section 3-207. The hearing shall be held at
19the recipient's current facility.
20    (d) At the hearing the recipient shall have the burden of
21proving that:
22        (1) the facility to which the recipient is requesting a
23    transfer to a less restrictive facility that provides
24    treatment which is more clinically appropriate for the
25    recipient. If the recipient refuses the transfer it shall
26    be considered the same as if the recipient was denied a

 

 

HB4252- 6 -LRB101 17439 RLC 66848 b

1    transfer and the recipient shall be prohibited from making
2    another request for 180 days after the initial denial of
3    transfer; and
4        (2) the transfer does not threaten the safety of the
5    recipient or others.
6    If the utilization review committee finds that the
7recipient has sustained his burden and the request for transfer
8is supported by substantial evidence, it shall recommend that
9the transfer proceed within 30 days. If it does not so find, it
10shall recommend that the recipient not be transferred. If the
11transfer to a less restricted facility cannot be executed due
12to lack of beds, the transferring facility shall inform the
13recipient and his petitioning attorney or guardian, in writing,
14and provide an estimated time frame for the transfer.
15    (e) If a recipient's application for transfer is denied, no
16application may be filed for 180 days. The recipient does,
17however, have the right to administratively appeal any decision
18of the utilization review committee.
19(Source: P.A. 88-380.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.