Full Text of SB3546 97th General Assembly
SB3546sam001 97TH GENERAL ASSEMBLY | Sen. Steven M. Landek Filed: 3/2/2012
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| 1 | | AMENDMENT TO SENATE BILL 3546
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3546 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Community Mental Health Act is amended by | 5 | | changing Section 3e as follows:
| 6 | | (405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e)
| 7 | | Sec. 3e. Board's powers and duties.
| 8 | | (1) Every community mental health board shall, immediately
| 9 | | after appointment, meet and organize, by the election of one of | 10 | | its
number as president and one as secretary and such other | 11 | | officers as it
may deem necessary. It shall make rules and | 12 | | regulations concerning the
rendition or operation of services | 13 | | and facilities which it directs,
supervises or funds, not | 14 | | inconsistent with the provisions of this Act. It shall:
| 15 | | (a) Hold a meeting prior to July 1 of each year at | 16 | | which officers
shall be elected for the ensuing year |
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| 1 | | beginning July 1;
| 2 | | (b) Hold meetings at least quarterly;
| 3 | | (c) Hold special meetings upon a written request signed | 4 | | by at least
2 members and filed with the secretary;
| 5 | | (d) Review and evaluate community mental health | 6 | | services and
facilities, including services and facilities | 7 | | for the treatment of
alcoholism, drug addiction, | 8 | | developmental disabilities, and intellectual disabilities;
| 9 | | (e) Authorize the disbursement of money from the | 10 | | community mental health fund for payment for the ordinary | 11 | | and contingent expenses of the board;
| 12 | | (f) Submit to the appointing officer and the members of | 13 | | the governing
body a written plan for a program of | 14 | | community mental health services and
facilities for | 15 | | persons with a mental illness, a
developmental
disability, | 16 | | or a substance use disorder. Such plan shall be for the | 17 | | ensuing 12
month period. In addition, a plan shall be | 18 | | developed for the ensuing 3 year
period and such plan shall | 19 | | be reviewed at the end of every 12 month period and
shall | 20 | | be modified as deemed advisable.
| 21 | | (g) Within amounts appropriated therefor, execute such | 22 | | programs and
maintain such services and facilities as may | 23 | | be authorized under such
appropriations, including amounts | 24 | | appropriated under bond issues, if any;
| 25 | | (h)
Publish the annual budget and report
within 120
| 26 | | days after the end of the fiscal year in a newspaper |
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| 1 | | distributed
within the jurisdiction of the board, or, if no | 2 | | newspaper is published
within the jurisdiction of the | 3 | | board, then one published in the county,
or, if no | 4 | | newspaper is published in the county, then in a newspaper
| 5 | | having general circulation within the jurisdiction of the | 6 | | board. The
report shall show the condition of its trust of | 7 | | that year, the sums of
money received from all sources, | 8 | | giving the name of any donor, how all
monies have been | 9 | | expended and for what purpose, and such other
statistics | 10 | | and program information in regard to the work of the board | 11 | | as
it may deem of general interest. A copy of the budget | 12 | | and the annual
report shall be made available to the | 13 | | Department of Human Services and to members
of the General | 14 | | Assembly whose districts include any part of the
| 15 | | jurisdiction of such board. The names of all employees, | 16 | | consultants, and
other personnel shall be set forth along | 17 | | with the amounts of money received;
| 18 | | (i) Consult with other appropriate private and public | 19 | | agencies
in
the development of local plans for the most | 20 | | efficient delivery of mental
health, developmental | 21 | | disabilities, and substance use disorder services. The | 22 | | Board is authorized
to join and to participate in the | 23 | | activities of associations organized for
the purpose of | 24 | | promoting more efficient and effective services and | 25 | | programs;
| 26 | | (j)
Have the authority to review and comment on all |
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| 1 | | applications for grants by any person,
corporation, or | 2 | | governmental unit providing services within the
| 3 | | geographical area of the board which provides mental health | 4 | | facilities
and services,
including services for the person | 5 | | with a
mental illness, a
developmental disability, or a | 6 | | substance use disorder. The board may require funding | 7 | | applicants to send a copy of their funding application to | 8 | | the board at the time
such application is submitted to the | 9 | | Department of Human Services or to any other local, State | 10 | | or federal funding source or
governmental agency. Within 60 | 11 | | days of the receipt of any application, the
board shall | 12 | | submit its review and comments to the Department of Human
| 13 | | Services or to any other appropriate local, State
or | 14 | | federal funding source or governmental agency. A copy of | 15 | | the review and
comments shall be submitted to the funding
| 16 | | applicant. Within 60 days thereafter, the Department of
| 17 | | Human Services or any other appropriate
local or State | 18 | | governmental agency shall issue a written response to
the | 19 | | board and the funding applicant. The Department of Human | 20 | | Services shall supply
any community mental health board | 21 | | such information about
purchase-of-care funds, State | 22 | | facility utilization, and costs in its
geographical area as | 23 | | the board may request provided that the information
| 24 | | requested is for the purpose of the Community Mental Health | 25 | | Board
complying with the requirements of Section 3f, | 26 | | subsection (f) of this Act;
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| 1 | | (k) Perform such other acts as may be necessary or | 2 | | proper to carry
out the purposes of this Act.
| 3 | | (2) The community mental health board has the following | 4 | | powers:
| 5 | | (a) The board may enter into multiple-year contracts | 6 | | for rendition
or operation of services,
facilities and | 7 | | educational programs.
| 8 | | (b) The board may arrange through intergovernmental | 9 | | agreements or intragovernmental agreements or both for the | 10 | | rendition of services and operation
of
facilities by other | 11 | | agencies or departments of the governmental unit or county | 12 | | in which
the governmental unit is located with the approval | 13 | | of the governing
body.
| 14 | | (c) To employ, establish compensation for, and set | 15 | | policies for its personnel, including legal counsel, as
may | 16 | | be
necessary to carry out the purposes of this Act and | 17 | | prescribe the duties thereof. The
board may enter into | 18 | | multiple-year employment contracts as may be
necessary for | 19 | | the recruitment and retention of personnel and the proper
| 20 | | functioning of the board.
| 21 | | (d) The board may enter into multiple-year joint | 22 | | agreements,
which shall be written, with other
mental | 23 | | health boards and boards of health to provide jointly
| 24 | | agreed upon community mental health facilities and | 25 | | services and to pool
such funds as may be deemed necessary | 26 | | and available for this purpose.
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| 1 | | (e) The board may organize a not-for-profit | 2 | | corporation for the purpose of
providing direct recipient | 3 | | services. Such corporations shall have, in addition
to all | 4 | | other lawful powers, the power to contract with persons to | 5 | | furnish
services for recipients of the corporation's | 6 | | facilities, including
psychiatrists and other physicians | 7 | | licensed in this State to practice medicine
in all of its | 8 | | branches. Such physicians shall be considered independent
| 9 | | contractors, and liability for any malpractice shall not | 10 | | extend to such
corporation, nor to the community mental | 11 | | health board, except for gross
negligence in entering into | 12 | | such a contract.
| 13 | | (f) The board shall not operate any direct recipient | 14 | | services for more
than
a 2-year period when such services | 15 | | are being provided in the governmental unit,
but shall | 16 | | encourage, by financial support, the development of | 17 | | private agencies
to deliver such needed services, pursuant | 18 | | to regulations of the board.
| 19 | | (g) Where there are multiple boards within the same | 20 | | planning area, as
established by the Department of Human | 21 | | Services, services
may be purchased through a single | 22 | | delivery system. In such areas, a
coordinating body with | 23 | | representation from each board shall be established to
| 24 | | carry out the service functions of this Act. In the event | 25 | | any such coordinating
body purchases or improves real | 26 | | property, such body shall first obtain the
approval of the |
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| 1 | | governing bodies of the governmental units in which the
| 2 | | coordinating body is located.
| 3 | | (h) The board may enter into multiple-year joint | 4 | | agreements with
other governmental units
located within | 5 | | the geographical area of the board. Such agreements
shall | 6 | | be written and shall provide for the rendition of services | 7 | | by the
board to the residents of such governmental units.
| 8 | | (i) The board may enter into multiple-year joint | 9 | | agreements with federal, State, and local governments, | 10 | | including
the Department of Human Services,
whereby the | 11 | | board will provide certain
services. All such joint | 12 | | agreements must provide for the exchange of
relevant data. | 13 | | However, nothing in this Act shall be construed to permit
| 14 | | the abridgement of the confidentiality of patient records.
| 15 | | (j) The board may receive gifts from private sources | 16 | | for purposes not
inconsistent
with the provisions of this | 17 | | Act.
| 18 | | (k) The board may receive Federal, State and local | 19 | | funds for purposes
not inconsistent with the provisions of | 20 | | this Act.
| 21 | | (l) The board may establish scholarship programs. Such | 22 | | programs shall
require
equivalent
service or reimbursement | 23 | | pursuant to regulations of the board.
| 24 | | (m) The board may sell, rent, or lease real property | 25 | | for purposes
consistent with this
Act.
| 26 | | (n) The board may: (i) own real property, lease real |
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| 1 | | property as lessee,
or
acquire real property by purchase, | 2 | | construction, lease-purchase agreement, or
otherwise; (ii) | 3 | | take title to the property in the board's name; (iii) | 4 | | borrow
money and issue debt instruments, mortgages, | 5 | | purchase-money mortgages, and
other security instruments | 6 | | with respect to the property; and (iv) maintain,
repair, | 7 | | remodel, or improve the property. All of these activities | 8 | | must be for
purposes consistent with this Act as may be | 9 | | reasonably necessary for the
housing and proper | 10 | | functioning of the board. The board may use moneys in the
| 11 | | Community Mental Health Fund for these purposes.
| 12 | | (o) The board may organize a not-for-profit | 13 | | corporation (i) for the
purpose of raising money to be | 14 | | distributed by the board for providing community
mental | 15 | | health services and facilities for the treatment of | 16 | | alcoholism, drug
addiction, developmental disabilities, | 17 | | and intellectual disabilities or (ii) for
other purposes | 18 | | not inconsistent with this Act.
| 19 | | (p) The board shall comply with the Public Funds | 20 | | Statement Publication Act if the requirements are not | 21 | | included as part of publication by the appointing | 22 | | authority. The compliance shall not violate any | 23 | | confidentiality requirements of State or federal law. | 24 | | (Source: P.A. 97-227, eff. 1-1-12.)".
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