HB0517 94TH GENERAL ASSEMBLY

LRB094 06443 DRJ 37117 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0517

Introduced 1/27/2005, by Rep. Julie Hamos - Eileen Lyons - Sara Feigenholtz - Patricia R. Bellock - David R. Leitch

SYNOPSIS AS INTRODUCED:

20 ILCS 1705/15f new
305 ILCS 5/5-5e new

Amends the Mental Health and Developmental Disabilities Administrative Act and the Illinois Public Aid Code. Provides that the Department of Human Services shall develop a program of transition services, with appropriate follow-up, in selected areas of the State, to be expanded statewide as funding becomes available, to provide assistance to persons who: (i) have been diagnosed with mental illness or a co-occurring mental illness and substance abuse disorder; (ii) reside in a facility licensed under the Nursing Home Care Act or in an institution for mental diseases; and (iii) desire to move to and are able to reside in community residential placements that meet their needs and reflect their preferences. Provides that under the Medicaid program, the Department of Public Aid shall apply for any necessary waivers pursuant to the Social Security Act to facilitate transition services for persons with mental illness and to develop supportive living facilities for persons with mental illness. Provides that any such waiver application shall be developed in cooperation with the Department of Human Services, the Department of Public Health, the Guardianship and Advocacy Commission, other State agencies as appropriate, operators of nursing facilities, and others. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Mental Health and Developmental Disabilities Administrative Act is amended by adding Section 15f as follows:

(20 ILCS 1705/15f new)

Sec. 15f. Transition services for persons with mental illness.

(a) The Department of Human Services shall provide assistance to persons who: (i) have been diagnosed with mental illness or a co-occurring mental illness and substance abuse disorder; (ii) reside in a facility licensed under the Nursing Home Care Act or in an institution for mental diseases; and (iii) desire to move to and are able to reside in community residential placements that meet their needs and reflect their preferences. At any time during the process of providing such assistance, a resident or his or her representative may decline further assistance. For purposes of this Section, an "institution for mental diseases" or "IMD" means a facility licensed under the Nursing Home Care Act, in which services to residents are ineligible for federal financial participation under the Medicaid program because mental illness is the specific reason for being in the facility for more than 50% of the residents over 21 years of age and under 65 years of age.

(b) To provide assistance under this Section, the Department shall develop a program of transition services, with appropriate follow-up, in selected areas of the State, to be expanded statewide as funding becomes available. The Department shall adopt rules to provide for: resident eligibility for assistance under this Section; uniform assessment of a resident's health, cognitive, social, and financial needs; development of comprehensive service transition plans for eligible residents; and the level of services that must be available before a resident's transition into the community.

(c) Any nursing facility providing medical assistance under Title XIX of the Social Security Act and any IMD shall admit the Department's representative providing transition services under this Section and shall cooperate in facilitating the discharge and transition of residents.

(d) The Department shall adopt rules and implement transition services under this Section in cooperation with the Department of Public Aid, the Department of Public Health, the Guardianship and Advocacy Commission, other State agencies as appropriate, nursing facility and IMD operators, community mental health agency representatives, and supportive housing providers.

Section 10. The Illinois Public Aid Code is amended by adding Section 5-5e as follows:

(305 ILCS 5/5-5e new)

Sec. 5-5e. Persons with mental illness; transition services and supportive living facilities. The Department of Public Aid shall apply for any necessary waivers pursuant to Section 1915(c) of the Social Security Act to facilitate transition services for persons with mental illness and to develop supportive living facilities for persons with mental illness. Any such waiver application shall be developed in cooperation with the Department of Human Services, the Department of Public Health, the Guardianship and Advocacy Commission, other State agencies as appropriate, operators of facilities licensed under the Nursing Home Care Act, operators of institutions for mental diseases, community mental health agency representatives, and supportive housing providers. For purposes of this Section, "institution for mental diseases" means a facility licensed under the Nursing Home Care Act, in which services to residents are ineligible for federal financial participation under the Medicaid program because mental illness is the specific reason for being in the facility for more than 50% of the residents over 21 years of age and under 65 years of age.

Section 99. Effective date. This Act takes effect upon becoming law.