SB0822sam001 98TH GENERAL ASSEMBLY

Sen. Michael E. Hastings

Filed: 3/14/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 822

2    AMENDMENT NO. ______. Amend Senate Bill 822 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Mental Health and Developmental
5Disabilities Administrative Act is amended by changing Section
618.4 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

 

 

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1Fund. Not more than $4,500,000 of the Community Mental Health
2Medicaid Trust Fund may be used by the Department of Human
3Services' Division of Mental Health for oversight and
4administration of community mental health services, and of that
5amount no more than $1,000,000 may be used for the support of
6community mental health service initiatives. The remainder
7shall be used for the purchase of community mental health
8services.
9    (b-5) Whenever a State mental health facility operated by
10the Department is closed and the real estate on which the
11facility is located is sold by the State, the net proceeds of
12the sale of the real estate shall be deposited into the
13Community Mental Health Medicaid Trust Fund and used
14exclusively for the purposes enumerated in subsections (c),
15(c-2), and (c-3) of Section 4.6 of the Community Services Act.
16The net proceeds from the sale of a State mental health
17facility may be spent over a number of fiscal years and are not
18required to be spent in the same fiscal year in which they are
19deposited.
20    (c) The Department shall reimburse community mental health
21providers for services provided to eligible individuals.
22Moneys in the Trust Fund may be used for that purpose.
23    (c-5) The Community Mental Health Medicaid Trust Fund is
24not subject to sweeps, administrative charges, or
25charge-backs, or any other fiscal or budgetary maneuver that
26would transfer any amount from the Fund into any other Fund of

 

 

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1the State unless specifically authorized by law prior to the
2effective date of this amendatory Act of the 98th General
3Assembly. It is not lawful to circumvent this limitation by
4governmental reorganization or other methods administrative
5charge-backs.
6    (c-10) The Department of Human Services shall annually
7report to the Governor and the General Assembly, by September
81, on both the total revenue deposited into the Trust Fund and
9the total expenditures made from the Trust Fund for the
10previous fiscal year. This report shall include detailed
11descriptions of both revenues and expenditures regarding the
12Trust Fund from the previous fiscal year. This report shall be
13presented by the Secretary of Human Services to the appropriate
14Appropriations Committee in the House of Representatives, as
15determined by the Speaker of the House, and in the Senate, as
16determined by the President of the Senate. This report shall be
17made available to the public and shall be published on the
18Department of Human Services' website in an appropriate
19location, a minimum of one week prior to presentation of the
20report to the General Assembly.
21    (d) As used in this Section:
22    "Trust Fund" means the Community Mental Health Medicaid
23Trust Fund.
24    "Community mental health provider" means a community
25agency that is funded by the Department to provide a service.
26    "Service" means a mental health service provided pursuant

 

 

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1to the provisions of administrative rules adopted by the
2Department and funded by or claimed through the Department of
3Human Services' Division of Mental Health.
4(Source: P.A. 96-660, eff. 8-25-09; 96-820, eff. 11-18-09;
596-868, eff. 7-1-12; 97-333, eff. 8-12-11.)
 
6    Section 10. The Community Services Act is amended by
7changing Section 4.6 as follows:
 
8    (405 ILCS 30/4.6)
9    Sec. 4.6. Closure and sale of State mental health or
10developmental disabilities facility.
11    (a) Whenever a State mental health facility operated by the
12Department of Human Services is closed and the real estate on
13which the facility is located is sold by the State, then, to
14the extent that net proceeds are realized from the sale of that
15real estate, those net proceeds must be used for mental health
16services directed toward providing other services and supports
17for persons with mental health needs. To that end, those net
18proceeds shall be deposited into the Community Mental Health
19Medicaid Trust Fund.
20    (b) Whenever a State developmental disabilities facility
21operated by the Department of Human Services is closed and the
22real estate on which the facility is located is sold by the
23State, then, to the extent that net proceeds are realized from
24the sale of that real estate, those net proceeds must be

 

 

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1directed toward providing other services and supports for
2persons with developmental disabilities needs. To that end,
3those net proceeds shall be deposited into the Community
4Developmental Disability Services Medicaid Trust Fund.
5    (c) In determining whether any net proceeds are realized
6from a sale of real estate described in subsection (a) or (b),
7moneys for infrastructure the Division of Developmental
8Disabilities and the Division of Mental Health of the
9Department of Human Services shall each determine the money, if
10any, that shall be made available to ensure that life, safety,
11and care concerns, including infrastructure, are addressed so
12as to provide for persons with developmental disabilities or
13mental illness at the remaining respective State-operated
14facilities that will be expected to serve the individuals
15previously served at the closed facility shall be excluded from
16calculation by the Division of Mental Health of the Department
17of Human Services of net proceeds.
18    (c-1) In determining whether any net proceeds are realized
19from a sale of real estate described in subsection (b), the
20Division of Developmental Disabilities of the Department of
21Human Services shall determine the money, if any, that shall be
22made available to ensure that life, safety, and care concerns,
23including infrastructure, are addressed so as to provide for
24persons with developmental disabilities at the remaining
25respective State-operated facilities that will be expected to
26serve the individuals previously served at the closed facility.

 

 

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1    (c-2) To the extent that a State mental health facility
2which has been closed served a specific geographical area, at
3minimum, 50% of the resulting net proceeds of its sale shall be
4made exclusively in the facility's geographical area and shall
5be used for the following mental health services:
6        (1) Supportive housing.
7        (2) Technology that enables behavioral health
8    providers to participate in health information exchanges.
9        (3) Assertive Community Treatment.
10        (4) Transitional living apartments.
11        (5) Peer run crisis residential services targeted at
12    diverting persons with mental illnesses from emergency
13    departments.
14        (6) Psychiatric services.
15        (7) Community mental health services targeted at
16    diverting persons with mental illness from the criminal
17    justice system.
18    (c-3) The purpose of this Section is to increase the total
19funding available for community mental health services in any
20fiscal year in which those funds are expended above the amount
21which would otherwise be expended from General Revenue Funds or
22any other funding source controlled by the State. Moneys
23expended under this Section shall not be used to replace any
24other source of funding. The moneys shall be used to create new
25or additional mental health services as described in subsection
26(c-2).

 

 

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1    (c-4) The purposes for which the net proceeds from the sale
2of real estate as provided in subsection (b) may be used for
3include, but are not limited to, the following:
4        (1) providing individuals with developmental
5    disabilities the services and supports described in
6    subsection (e) of Section 4.4; and
7        (2) in the case of a closure of a developmental
8    disabilities facility, construction of a new facility to
9    serve the needs of persons with developmental
10    disabilities.
11    (d) (Blank). The purposes for which the net proceeds from a
12sale of real estate as provided in this Section may be used
13include, but are not limited to, the following:
14        (1) Providing for individuals with developmental
15    disabilities and mental health needs the services and
16    supports described in subsection (e) of Section 4.4.
17        (2) In the case of the closure of a mental health
18    facility, the construction of a new facility to serve the
19    needs of persons with mental health needs.
20        (3) In the case of the closure of a developmental
21    disabilities facility, construction of a new facility to
22    serve the needs of persons with developmental disabilities
23    needs.
24    (e) Whenever any net proceeds are realized from a sale of
25real estate as provided in this Section, the Department of
26Human Services shall share and discuss its plan or plans for

 

 

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1using those net proceeds with advocates, advocacy
2organizations, and advisory groups whose mission includes
3advocacy for persons with developmental disabilities or
4persons with mental illness.
5(Source: P.A. 96-660, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".