HB0785 95TH GENERAL ASSEMBLY

LRB095 03729 LCT 23756 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0785

Introduced 2/7/2007, by Rep. Patricia R. Bellock

SYNOPSIS AS INTRODUCED:

405 ILCS 5/2-110.1
405 ILCS 5/2-110.2 new

Amends the Mental Health and Developmental Disabilities Code. Changes the content of the quarterly report that a mental hospital or facility administering electro-convulsive therapy must submit to include: (i) whether the patient gave informed consent or received therapy without informed consent, was confined as subject to involuntary admission, or received the therapy on an emergency basis; (ii) the type and charge dose of electro-convulsive treatments used; (iii) the identity of the treating hospital; (iv) if no patients have been treated using electro-convulsive therapy during that quarter, a written statement to that effect; and (v) for the first quarter report of each year, a copy of the informed consent used for electro-convulsive therapy, including any pamphlet or form information given to the patient on electro-convulsive therapy. Requires the Department of Human Services to include in its annual report the names of all facilities that have failed to comply with the listed reporting requirements during the calendar year covered by the annual report. Provide for the enforcement of the reporting requirements and civil penalties for failure to report. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning mental 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 Code is amended by changing Section 2-110.1 and by adding Section 2-110.2 as follows:

(405 ILCS 5/2-110.1)

Sec. 2-110.1. Reports.

(a) A mental hospital or facility at which electro-convulsive therapy is administered shall submit to the Department quarterly reports relating to the administration of the therapy for the purposes of reducing morbidity or mortality and improving patient care.

(b) A report shall provide the following information for each patient that received electro-convulsive therapy, state the following for each quarter:

(1) Whether the patient gave informed consent or received therapy without informed consent pursuant to Section 2-107 of this Code, was confined as subject to involuntary admission, or received the therapy on an emergency basis pursuant to subsection (d) of Section 2-107 of this Code. The number of persons who received the therapy, including:

(A) the number of persons who gave informed consent to the therapy;

(B) the number of persons confined as subject to involuntary admission who gave informed consent to the therapy;

(C) the number of persons who received the therapy without informed consent pursuant to Section 2-107.1; and

(D) the number of persons who received the therapy on an emergency basis pursuant to subsection (d) of Section 2-107.1.

(2) The age, sex, and race of the patient recipients of the therapy.

(3) The source of the treatment payment.

(4) The average number, type (bilateral pulse, unilateral pulse, and sine wave), and charge dose of electro-convulsive treatments administered for each complete series of treatments noting changes of type or charge administered over course of treatment, but not including maintenance treatments.

(5) The average number of maintenance electro-convulsive treatments administered per month. The maintenance treatments reports shall include the type, charge dose, and number of treatments and shall indicate whether it is the same as the original treatment type and charge dose.

(6) Any significant adverse reactions to the treatment as defined by rule.

(7) Autopsy findings if death followed within 14 days after the date of the administration of the therapy.

(b-5) In addition to the reporting requirements set forth in subsection (b):

(1) The identity of the treating hospital or facility shall be disclosed in the quarterly and annual reports.

(2) If no patients have been treated with electro-convulsive therapy during the reported quarter, a written statement to that effect shall be filed as the quarterly report.

(3) The report for the first quarter of each year shall include a copy of the informed consent form used for electro-convulsive therapy, including any pamphlet or form information given to the patient on electro-convulsive therapy.

(4) The quarterly report shall include any (8) Any other information required by the Department by rule.

(c) The Department shall prepare and publish an annual written report summarizing the information received under this Section. The Department shall include in the annual report the names of all facilities that have failed to comply with the reporting requirements of this Section during the calendar year covered by the annual report. The report shall not contain any information that identifies or tends to identify any facility, physician, health care provider, or patient.

(d) The Department may collect data referred to in this Section electronically or in writing.

(Source: P.A. 90-538, eff. 12-1-97.)

(405 ILCS 5/2-110.2 new)

Sec. 2-110.2. Enforcement of reporting requirements. A facility or physician that fails to submit the completed reports containing the information provided by Section 2-110.1 of this Code within 15 days following the close of a quarter shall be sent a written notice of noncompliance by the Department. The facility or physician has 15 days following receipt of the written notice to comply with the reporting requirements. If a facility or physician fails to comply with the reporting requirements within 15 days of receipt of the notice, the Department may take any of the following actions:

(1) The Department may assign a specified time period for the facility or physician to comply with the reporting requirements.

(2) The facility's or physician's failure to comply may be reported to the Department of Public Health and the Department of Financial and Professional Regulation, which may take appropriate disciplinary actions including, but not limited to, suspension of the facility's or physician's license.

(3) The Department may recommend revoking the facility's approval to receive Medicaid reimbursements for administration of electro-convulsive therapy.

(4) The Department may revoke any contract it has with the facility to provide mental health services.

(5) The Department may seek injunctive relief to bar administration of electro-convulsive therapy.

(6) The facility or the physician may be subject to a $1,000 civil penalty for each violation of the reporting requirements if the facility or physician is found to have knowingly or intentionally failed to comply with the reporting requirements.

The State's Attorney or Attorney General may enforce the provisions of this Section.

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