SB0822eng 98TH GENERAL ASSEMBLY



 


 
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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 Administrative Act is amended by changing
6Sections 18.4 and 18.5 as follows:
 
7    (20 ILCS 1705/18.4)
8    Sec. 18.4. Community Mental Health Medicaid Trust Fund;
9reimbursement.
10    (a) The Community Mental Health Medicaid Trust Fund is
11hereby created in the State Treasury.
12    (b) Amounts paid to the State during each State fiscal year
13by the federal government under Title XIX or Title XXI of the
14Social Security Act for services delivered by community mental
15health providers, and any interest earned thereon, shall be
16deposited 100% into the Community Mental Health Medicaid Trust
17Fund. Not more than $4,500,000 of the Community Mental Health
18Medicaid Trust Fund may be used by the Department of Human
19Services' Division of Mental Health for oversight and
20administration of community mental health services, and of that
21amount no more than $1,000,000 may be used for the support of
22community mental health service initiatives. The remainder
23shall be used for the purchase of community mental health

 

 

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1services.
2    (b-5) Whenever a State mental health facility operated by
3the Department is closed and the real estate on which the
4facility is located is sold by the State, the net proceeds of
5the sale of the real estate shall be deposited into the
6Community Mental Health Medicaid Trust Fund and used for the
7purposes enumerated in subsections (c) and (c-1) of Section 4.6
8of the Community Services Act; however, under subsection (e) of
9Section 4.6 of the Community Services Act, the Department may
10set aside a portion of the net proceeds of the sale of the real
11estate for deposit into the Human Services Priority Capital
12Program Fund. The portion set aside shall be used for the
13purposes enumerated in Section 6z-71 of the State Finance Act.
14    (c) The Department shall reimburse community mental health
15providers for services provided to eligible individuals.
16Moneys in the Trust Fund may be used for that purpose.
17    (c-5) The Community Mental Health Medicaid Trust Fund is
18not subject to administrative charge-backs.
19    (c-10) The Department of Human Services shall annually
20report to the Governor and the General Assembly, by September
211, on both the total revenue deposited into the Trust Fund and
22the total expenditures made from the Trust Fund for the
23previous fiscal year. This report shall include detailed
24descriptions of both revenues and expenditures regarding the
25Trust Fund from the previous fiscal year. This report shall be
26presented by the Secretary of Human Services to the appropriate

 

 

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1Appropriations Committee in the House of Representatives, as
2determined by the Speaker of the House, and in the Senate, as
3determined by the President of the Senate. This report shall be
4made available to the public and shall be published on the
5Department of Human Services' website in an appropriate
6location, a minimum of one week prior to presentation of the
7report to the General Assembly.
8    (d) As used in this Section:
9    "Trust Fund" means the Community Mental Health Medicaid
10Trust Fund.
11    "Community mental health provider" means a community
12agency that is funded by the Department to provide a service.
13    "Service" means a mental health service provided pursuant
14to the provisions of administrative rules adopted by the
15Department and funded by or claimed through the Department of
16Human Services' Division of Mental Health.
17(Source: P.A. 96-660, eff. 8-25-09; 96-820, eff. 11-18-09;
1896-868, eff. 7-1-12; 97-333, eff. 8-12-11.)
 
19    (20 ILCS 1705/18.5)
20    Sec. 18.5. Community Developmental Disability Services
21Medicaid Trust Fund; reimbursement.
22    (a) The Community Developmental Disability Services
23Medicaid Trust Fund is hereby created in the State treasury.
24    (b) Except as provided in subsection (b-5), any funds in
25any fiscal year paid to the State by the federal government

 

 

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1under Title XIX or Title XXI of the Social Security Act for
2services delivered by community developmental disability
3services providers for services relating to Developmental
4Training and Community Integrated Living Arrangements as a
5result of the conversion of such providers from a grant payment
6methodology to a fee-for-service payment methodology, or any
7other funds paid to the State for any subsequent revenue
8maximization initiatives performed by such providers, and any
9interest earned thereon, shall be deposited directly into the
10Community Developmental Disability Services Medicaid Trust
11Fund to pay for Medicaid-reimbursed community developmental
12disability services provided to eligible individuals.
13    (b-5) Beginning in State fiscal year 2008, any funds paid
14to the State by the federal government under Title XIX or Title
15XXI of the Social Security Act for services delivered through
16the Children's Residential Waiver and the Children's In-Home
17Support Waiver shall be deposited directly into the Trust Fund
18and shall not be subject to the transfer provisions of
19subsection (b).
20    (b-7) The Community Developmental Disability Services
21Medicaid Trust Fund is not subject to administrative
22charge-backs.
23    (b-9) The Department of Human Services shall annually
24report to the Governor and the General Assembly, by September
251, on both the total revenue deposited into the Trust Fund and
26the total expenditures made from the Trust Fund for the

 

 

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1previous fiscal year. This report shall include detailed
2descriptions of both revenues and expenditures regarding the
3Trust Fund from the previous fiscal year. This report shall be
4presented by the Secretary of Human Services to the appropriate
5Appropriations Committee in the House of Representatives, as
6determined by the Speaker of the House, and in the Senate, as
7determined by the President of the Senate. This report shall be
8made available to the public and shall be published on the
9Department of Human Services' website in an appropriate
10location, a minimum of one week prior to presentation of the
11report to the General Assembly.
12    (b-10) Whenever a State developmental disabilities
13facility operated by the Department is closed and the real
14estate on which the facility is located is sold by the State,
15the net proceeds of the sale of the real estate shall be
16deposited into the Community Developmental Disability Services
17Medicaid Trust Fund and used for the purposes enumerated in
18subsections (c) and (d) of Section 4.6 of the Community
19Services Act; however, under subsection (e) of Section 4.6 of
20the Community Services Act, the Department may set aside a
21portion of the net proceeds of the sale of the real estate for
22deposit into the Human Services Priority Capital Program Fund.
23The portion set aside shall be used for the purposes enumerated
24in Section 6z-71 of the State Finance Act.
25    (c) For purposes of this Section:
26    "Trust Fund" means the Community Developmental Disability

 

 

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1Services Medicaid Trust Fund.
2    "Medicaid-reimbursed developmental disability services"
3means services provided by a community developmental
4disability provider under an agreement with the Department that
5is eligible for reimbursement under the federal Title XIX
6program or Title XXI program.
7    "Provider" means a qualified entity as defined in the
8State's Home and Community-Based Services Waiver for Persons
9with Developmental Disabilities that is funded by the
10Department to provide a Medicaid-reimbursed service.
11    "Revenue maximization alternatives" do not include
12increases in funds paid to the State as a result of growth in
13spending through service expansion or rate increases.
14(Source: P.A. 96-660, eff. 8-25-09; 96-868, eff. 7-1-12.)
 
15    Section 10. The State Finance Act is amended by changing
16Section 6z-71 as follows:
 
17    (30 ILCS 105/6z-71)
18    Sec. 6z-71. Human Services Priority Capital Program Fund.
19The Human Services Priority Capital Program Fund is created as
20a special fund in the State treasury. Subject to appropriation,
21the Department of Human Services shall use moneys in the Human
22Services Priority Capital Program Fund to make grants to the
23Illinois Facilities Fund, a not-for-profit corporation, to
24make long term below market rate loans to nonprofit human

 

 

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1service providers working under contract to the State of
2Illinois to assist those providers in meeting their capital
3needs. The loans shall be for the purpose of such capital
4needs, including but not limited to special use facilities,
5requirements for serving the disabled, mentally ill, or
6substance abusers, and medical and technology equipment. Loan
7repayments shall be deposited into the Human Services Priority
8Capital Program Fund. Interest income may be used to cover
9expenses of the program. The Illinois Facilities Fund shall
10report to the Department of Human Services and the General
11Assembly by April 1, 2008, and again by April 1, 2009, as to
12the use and earnings of the program.
13    A portion of the proceeds from the sale of a mental health
14facility or developmental disabilities facility operated by
15the Department of Human Services may be deposited into the Fund
16and may be used for the purposes described in this Section.
17(Source: P.A. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08.)
 
18    Section 15. The Community Services Act is amended by
19changing Section 4.6 as follows:
 
20    (405 ILCS 30/4.6)
21    Sec. 4.6. Closure and sale of State mental health or
22developmental disabilities facility.
23    (a) Whenever a State mental health facility operated by the
24Department of Human Services is closed and the real estate on

 

 

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1which the facility is located is sold by the State, then, to
2the extent that net proceeds are realized from the sale of that
3real estate, those net proceeds must be used for mental health
4services or to support mental health services directed toward
5providing other services and supports for persons with mental
6health needs. To that end, those net proceeds shall be
7deposited into the Community Mental Health Medicaid Trust Fund.
8The net proceeds from the sale of a State mental health
9facility may be spent over a number of fiscal years and are not
10required to be spent in the same fiscal year in which they are
11deposited.
12    (b) Whenever a State developmental disabilities facility
13operated by the Department of Human Services is closed and the
14real estate on which the facility is located is sold by the
15State, then, to the extent that net proceeds are realized from
16the sale of that real estate, those net proceeds must be
17directed toward providing other services and supports for
18persons with developmental disabilities needs. To that end,
19those net proceeds shall be deposited into the Community
20Developmental Disability Services Medicaid Trust Fund. The net
21proceeds from the sale of a State developmental disabilities
22facility may be spent over a number of fiscal years and are not
23required to be spent in the same fiscal year in which they are
24deposited.
25    (c) The sale of a State mental health or developmental
26disabilities facility shall be done in accordance with

 

 

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1applicable State laws and, if a State mental health or
2developmental disabilities facility to be sold has been
3financed or refinanced with tax-exempt bonds, applicable
4federal laws. In determining whether any net proceeds are
5realized from a sale of real estate described in subsection (a)
6or (b), the Division of Developmental Disabilities and the
7Division of Mental Health of the Department of Human Services
8shall each first determine the money, if any, that shall be
9made available for infrastructure not to exceed 25% of the
10proceeds of the sale of the real estate to ensure that life,
11safety, and care concerns, including infrastructure, are
12addressed so as to provide for persons with developmental
13disabilities or mental illness at the remaining respective
14State-operated facilities that will be expected to serve the
15individuals previously served at the closed facility. That
16amount shall be excluded from the calculation of net proceeds
17by the Division of Developmental Disabilities or the Division
18of Mental Health, or both, of the Department of Human Services.
19Amounts determined by the Department for infrastructure to be
20necessary to ensure that life, safety, and care concerns are
21addressed shall be deposited, respectively, into the Community
22Mental Health Medicaid Trust Fund or the Community
23Developmental Disability Services Medicaid Trust Fund.
24    (c-1) To the extent that a State mental health facility
25which has been closed served a geographical area, at minimum,
2640% of the resulting net proceeds of its sale shall be made

 

 

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1exclusively in the facility's geographical area. If any other
2State-operated mental health facility which served a specific
3geographic area was closed within one year before or after the
4closure of the facility whose sale has resulted in net proceeds
5under this Section, 20% of the proceeds shall be used to
6provide services in the geographic area of this facility. The
7remainder of the net proceeds may be spent anywhere in the
8State. All net proceeds may be used for the following mental
9health services and supports, to include, but not limited to:
10        (1) Permanent Supportive housing.
11        (2) Technology that enables behavioral health
12    providers to participate in health information exchanges.
13        (3) Assertive Community Treatment and Community
14    Support Team.
15        (4) Transitional living apartments.
16        (5) Crisis residential services targeted at diverting
17    persons with mental illnesses from emergency departments
18    (including peer run crisis services).
19        (6) Psychiatric services.
20        (7) Community mental health services targeted at
21    diverting persons with mental illness from the criminal
22    justice system.
23        (8) Individual Placement and Support and other
24    services to support employment.
25        (9) Alcohol and substance abuse treatment.
26    (d) The purposes for which the net proceeds from a sale of

 

 

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1real estate as provided in subsection (b) of this Section may
2be used include, but are not limited to, the following:
3        (1) Providing individuals with developmental
4    disabilities community–based Medicaid services and
5    supports such as residential habilitation, day programs,
6    supported employment, home-based supports, therapies,
7    adaptive equipment, and home modifications.
8        (2) Assisting individuals with developmental
9    disabilities through case management, service
10    coordination, and assessments.
11        (3) Strengthening the service delivery system through
12    crisis intervention services.
13        (4) Enhancing the service delivery system through
14    infrastructure improvements, including technology
15    improvements.
16        (1) Providing for individuals with developmental
17    disabilities and mental health needs the services and
18    supports described in subsection (e) of Section 4.4.
19        (2) In the case of the closure of a mental health
20    facility, the construction of a new facility to serve the
21    needs of persons with mental health needs.
22        (3) In the case of the closure of a developmental
23    disabilities facility, construction of a new facility to
24    serve the needs of persons with developmental disabilities
25    needs.
26    (e) Whenever any net proceeds are realized from a sale of

 

 

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1real estate as provided in this Section, the Department of
2Human Services shall share and discuss its plan or plans for
3using those net proceeds with advocates, advocacy
4organizations, and advisory groups whose mission includes
5advocacy for persons with developmental disabilities or
6persons with mental illness.
7    (f) Consistent with the provisions of Sections 4.4 and 4.5
8of this Act, whenever a State mental health facility operated
9by the Department of Human Services is closed, the Department
10of Human Services, at the direction of the Governor, shall
11transfer funds from the closed facility to the appropriate line
12item providing appropriation authority for the new venue of
13care to facilitate the transition of services to the new venue
14of care, provided that the new venue of care is a Department of
15Human Services funded provider or facility.
16    (g) As used in this Section, the term "mental health
17facility" has the meaning ascribed to that term in the Mental
18Health and Developmental Disabilities Code.
19(Source: P.A. 98-403, eff. 1-1-14.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.