Full Text of HB2426 102nd General Assembly
HB2426eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Mental Health and Developmental | 5 | | Disabilities Code is amended by changing Sections 2-200, | 6 | | 3-207, and 3-908 as follows:
| 7 | | (405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
| 8 | | Sec. 2-200. (a) Upon commencement of services, or as soon | 9 | | thereafter as
the condition of the recipient permits, every | 10 | | adult recipient, as well as the
recipient's guardian or | 11 | | substitute decision maker, and every recipient who is
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years | 12 | | of age or older and the parent or guardian of a minor or person
| 13 | | under guardianship shall be informed orally and in writing of | 14 | | the rights
guaranteed by this Chapter which are relevant to | 15 | | the nature of the
recipient's services
program. The notice | 16 | | shall include, if applicable, the recipient's right to request | 17 | | a transfer to a different Department facility under Section | 18 | | 3-908. Every facility shall also post conspicuously in public | 19 | | areas
a summary of the rights which are relevant to the | 20 | | services delivered by
that facility as well as contact | 21 | | information for the Guardianship and Advocacy Commission and | 22 | | the agency designated by the Governor under Section 1 of the | 23 | | Protection and Advocacy for Persons with Developmental
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| 1 | | Disabilities Act.
| 2 | | (b) A recipient who is 12 years of age or older and the | 3 | | parent or guardian
of a minor or person under guardianship at | 4 | | any time may designate, and upon
commencement of services | 5 | | shall be informed of the right to designate, a
person or agency | 6 | | to receive notice under Section 2-201 or to direct that
no | 7 | | information about the recipient be disclosed to any person or | 8 | | agency.
| 9 | | (c) Upon commencement of services, or as soon thereafter | 10 | | as the
condition of the recipient permits, the facility shall | 11 | | ask the adult
recipient or minor recipient admitted pursuant | 12 | | to Section 3-502 whether the
recipient wants the facility to | 13 | | contact the recipient's spouse, parents,
guardian, close | 14 | | relatives, friends, attorney, advocate from the
Guardianship | 15 | | and Advocacy Commission or the agency designated by the
| 16 | | Governor under Section 1 of the Protection and Advocacy for | 17 | | Persons with Developmental
Disabilities Act, or others and
| 18 | | inform them of the recipient's presence at the facility. The | 19 | | facility
shall by phone or by mail contact at least two of | 20 | | those people designated
by the recipient and shall inform them | 21 | | of the recipient's location. If the
recipient so requests, the | 22 | | facility shall also inform them of how to
contact the | 23 | | recipient.
| 24 | | (d) Upon commencement of services, or as soon thereafter | 25 | | as the condition
of the recipient permits, the facility shall | 26 | | advise the recipient as to the
circumstances under which the |
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| 1 | | law permits the use of emergency forced
medication or | 2 | | electroconvulsive therapy under subsection (a) of Section | 3 | | 2-107, restraint under Section
2-108, or seclusion under | 4 | | Section 2-109. At the same time, the facility shall
inquire of | 5 | | the recipient which form of intervention the recipient would | 6 | | prefer
if any of these circumstances should arise. The | 7 | | recipient's preference shall
be noted in the recipient's | 8 | | record and communicated by the facility to the
recipient's | 9 | | guardian or substitute decision maker, if any, and any other
| 10 | | individual designated by the recipient. If any such | 11 | | circumstances subsequently
do arise, the facility shall give | 12 | | due consideration to the preferences of the
recipient | 13 | | regarding which form of intervention to use as communicated to | 14 | | the
facility by the recipient or as stated in the recipient's | 15 | | advance directive.
| 16 | | (Source: P.A. 100-915, eff. 1-1-19 .)
| 17 | | (405 ILCS 5/3-207) (from Ch. 91 1/2, par. 3-207)
| 18 | | Sec. 3-207.
(a) Hearings under Sections 3-405, 3-904 , | 19 | | 3-908, and 3-911 of
this Chapter shall be conducted by a | 20 | | utilization review committee. The Secretary
shall appoint a
| 21 | | utilization review committee at each Department facility. Each | 22 | | such committee
shall consist of a multi-disciplinary group of | 23 | | professional staff members who
are trained and equipped to | 24 | | deal with the clinical and treatment needs of
recipients. The | 25 | | recipient and the objector may be represented by persons of
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| 1 | | their choice.
| 2 | | (b) The committee shall not be bound by rules of evidence | 3 | | or procedure
but shall conduct the proceedings in a manner | 4 | | intended to ensure a fair
hearing. The committee may make such | 5 | | investigation as it deems necessary.
A record of the | 6 | | proceedings shall be made and shall be kept in the recipient's
| 7 | | record. Within 3 days of conclusion of the hearing, the | 8 | | committee shall
submit to the facility director its written | 9 | | recommendations which include its factual findings
and | 10 | | conclusions. A copy of the recommendations shall be given to | 11 | | the recipient
and the objector.
| 12 | | (c) Within 7 days of receipt of the recommendations, the | 13 | | facility director shall give written
notice to the recipient | 14 | | and objector of his acceptance or rejection of the
| 15 | | recommendations and his reason therefor. If the director of | 16 | | the facility rejects the recommendations or if the
recipient | 17 | | or objector requests review of the director's decision, the | 18 | | director
shall promptly forward a copy of his decision, the | 19 | | recommendations, and the
record of the hearing to the | 20 | | Secretary of the Department for
final review. The decision of | 21 | | the director or the decision of the
Secretary of the | 22 | | Department, if his review was requested,
shall be considered a | 23 | | final administrative decision.
| 24 | | (Source: P.A. 91-726, eff. 6-2-00.)
| 25 | | (405 ILCS 5/3-908) (from Ch. 91 1/2, par. 3-908)
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| 1 | | Sec. 3-908. Application for transfer of recipient to | 2 | | another Department facility. | 3 | | (a) The facility director of any Department facility may | 4 | | transfer
a recipient to another Department facility if he | 5 | | determines the transfer to be
clinically advisable and | 6 | | consistent with the treatment needs of the recipient. | 7 | | (b) A recipient, his or her attorney, guardian, if any, | 8 | | and responsible relative, in any Department facility may make | 9 | | a written application to the facility director of the | 10 | | recipient's current facility to transfer to another Department | 11 | | facility. The Department shall provide the form to make such | 12 | | an application to a recipient, his or her attorney, guardian, | 13 | | if any, and responsible relative upon request. A recipient of | 14 | | services shall not include a person with the primary diagnosis | 15 | | of a developmental disability. | 16 | | (c) Upon receipt of the recipient's application, the | 17 | | facility director shall promptly schedule a hearing to be held | 18 | | within 7 days under Section 3-207. The hearing shall be held at | 19 | | the recipient's current facility. | 20 | | (d) At the hearing the recipient shall have the burden of | 21 | | proving that: | 22 | | (1) the facility to which the recipient is requesting | 23 | | a transfer to a less restrictive facility that provides | 24 | | treatment which is more clinically appropriate for the | 25 | | recipient. If the recipient refuses the transfer it shall | 26 | | be considered the same as if the recipient was denied a |
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| 1 | | transfer and the recipient shall be prohibited from making | 2 | | another request for 180 days after the initial denial of | 3 | | transfer; and | 4 | | (2) the transfer does not threaten the safety of the | 5 | | recipient or others. | 6 | | If the utilization review committee finds that the | 7 | | recipient has sustained his burden and the request for | 8 | | transfer is supported by substantial evidence, it shall | 9 | | recommend that the transfer proceed within 30 days. If it does | 10 | | not so find, it shall recommend that the recipient not be | 11 | | transferred. If the transfer to a less restricted facility | 12 | | cannot be executed due to lack of beds, the transferring | 13 | | facility shall inform the recipient and his petitioning | 14 | | attorney or guardian, in writing, and provide an estimated | 15 | | time frame for the transfer. | 16 | | (e) If a recipient's application for transfer is denied, | 17 | | no application may be filed for 180 days. The recipient does, | 18 | | however, have the right to administratively appeal any | 19 | | decision of the utilization review committee.
| 20 | | (Source: P.A. 88-380.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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