Full Text of HB1683 98th General Assembly
HB1683sam001 98TH GENERAL ASSEMBLY | Sen. Kirk W. Dillard Filed: 5/2/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1683
| 2 | | AMENDMENT NO. ______. Amend House Bill 1683 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Finance Act is amended by adding | 5 | | Section 5i as follows: | 6 | | (30 ILCS 105/5i new) | 7 | | Sec. 5i. Closure of State mental health facilities or | 8 | | developmental disabilities facilities. Consistent with the | 9 | | provisions of Sections 4.4 and 4.5 of the Community Services | 10 | | Act, whenever a State mental health facility operated by the | 11 | | Department of Human Services or a State developmental | 12 | | disabilities facility operated by the Department of Human | 13 | | Services is closed, the Department of Human Services, at the | 14 | | direction of the Governor, shall transfer funds from the closed | 15 | | facility to the appropriate line item providing appropriation | 16 | | authority for the new venue of care to facilitate the |
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| 1 | | transition of services to the new venue of care, provided that | 2 | | the new venue of care is a Department of Human Services funded | 3 | | provider or facility. | 4 | | As used in this Section, the terms "mental health facility" | 5 | | and "developmental disabilities facility" have the meanings | 6 | | ascribed to those terms in the Mental Health and Developmental | 7 | | Disabilities Code.
| 8 | | Section 10. The Community Services Act is amended by | 9 | | changing Section 4.6 as follows: | 10 | | (405 ILCS 30/4.6) | 11 | | Sec. 4.6. Closure and sale of State mental health or | 12 | | developmental disabilities facility. | 13 | | (a) Whenever a State mental health facility operated by the | 14 | | Department of Human Services is closed and the real estate on | 15 | | which the facility is located is sold by the State, then, to | 16 | | the extent that net proceeds are realized from the sale of that | 17 | | real estate, those net proceeds must be directed toward | 18 | | providing
other services and supports for persons with mental | 19 | | health needs. To that end, those net proceeds shall be | 20 | | deposited into the Community Mental Health Medicaid Trust Fund. | 21 | | (b) Whenever a State developmental disabilities facility | 22 | | operated by the Department of Human Services is closed and the | 23 | | real estate on which the facility is located is sold by the | 24 | | State, then, to the extent that net proceeds are realized from |
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| 1 | | the sale of that real estate, those net proceeds must be | 2 | | directed toward providing
other services and supports for | 3 | | persons with developmental disabilities needs. To that end, | 4 | | those net proceeds shall be deposited into the Community | 5 | | Developmental Disability Services Medicaid Trust Fund. | 6 | | (c) In determining whether any net proceeds are realized | 7 | | from a sale of real estate described in subsection (a) or (b), | 8 | | the Division of Developmental Disabilities and the Division of | 9 | | Mental Health of the Department of Human Services shall each | 10 | | determine the money, if any, that shall be made available to | 11 | | ensure that life, safety, and care concerns, including | 12 | | infrastructure, are addressed so as to provide for persons with | 13 | | developmental disabilities or mental illness at the remaining | 14 | | respective State-operated facilities that will be expected to | 15 | | serve the individuals previously served at the closed facility. | 16 | | (d) The purposes for which the net proceeds from a sale of | 17 | | real estate as provided in this Section may be used include, | 18 | | but are not limited to, the following: | 19 | | (1) Providing for individuals with developmental | 20 | | disabilities and mental health needs the services and | 21 | | supports described in subsection (e) of Section 4.4. | 22 | | (2) In the case of the closure of a mental health | 23 | | facility, the construction of a new facility to serve the | 24 | | needs of persons with mental health needs. | 25 | | (3) In the case of the closure of a developmental | 26 | | disabilities facility, construction of a new facility to |
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| 1 | | serve the needs of persons with developmental disabilities | 2 | | needs. | 3 | | (e) Whenever any net proceeds are realized from a sale of | 4 | | real estate as provided in this Section, the Department of | 5 | | Human Services shall share and discuss its plan or plans for | 6 | | using those net proceeds with advocates, advocacy | 7 | | organizations, and advisory groups whose
mission
includes | 8 | | advocacy for persons with developmental disabilities or | 9 | | persons with
mental
illness.
| 10 | | (f) Consistent with the provisions of Sections 4.4 and 4.5 | 11 | | of this Act, whenever a State mental health facility operated | 12 | | by the Department of Human Services is closed, the Department | 13 | | of Human Services, at the direction of the Governor, shall | 14 | | transfer funds from the closed facility to the appropriate line | 15 | | item providing appropriation authority for the new venue of | 16 | | care to facilitate the transition of services to the new venue | 17 | | of care, provided that the new venue of care is a Department of | 18 | | Human Services funded provider or facility. | 19 | | (g) As used in this Section, the term "mental health | 20 | | facility" has the meaning ascribed to that term in the Mental | 21 | | Health and Developmental Disabilities Code. | 22 | | (Source: P.A. 96-660, eff. 8-25-09; 96-1000, eff. 7-2-10.)".
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