Illinois General Assembly - Full Text of SB1966
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Full Text of SB1966  102nd General Assembly

SB1966eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB1966 EngrossedLRB102 17305 KTG 22790 b

1    AN ACT concerning mental health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Interstate Contracts for Mental Health Disorder Treatment Act.
 
6    Section 3. Purpose. The purpose of this Act is to enable
7Illinois and Wisconsin residents who are subject, by court
8order, to involuntary admission on an inpatient basis for the
9treatment of a mental health disorder to obtain appropriate
10treatment across state lines in qualified private hospitals
11and facilities that are closer to their homes than are
12facilities available in their home states.
 
13    Section 5. Definitions. As used in this Act:
14    "Subject to involuntary admission on an inpatient basis",
15"mental health facility", and "recipient" have the meanings
16ascribed to them in the Mental Health and Developmental
17Disabilities Code.
18    "Receiving agency" means a mental health facility that
19provides substance use disorder or mental health treatment to
20a person from a state other than the state in which a facility
21is located.
22    "Receiving state" means the state in which the receiving

 

 

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1agency is located.
2    "Northern border county" means the Illinois counties of
3Boone, DeKalb, DuPage, Kane, Lake, McHenry, and Winnebago.
4    "Sending agency" means a mental health facility located in
5a state which sends a person to a receiving state for substance
6use disorder or mental health treatment.
7    "Sending state" means the state in which a sending agency
8is located.
9    "Wisconsin Southeast Region" means the Wisconsin counties
10of Kenosha, Milwaukee, Ozaukee, Racine, Rock, Walworth,
11Washington, and Waukesha.
 
12    Section 10. Purchase of services. A private mental health
13facility located in a northern border county may contract as
14provided under this Act with a county department located in
15the Wisconsin Southeast Region to secure mental health
16treatment for Illinois residents who are subject to
17involuntary admission on an inpatient basis under orders
18issued by courts of this State for treatment at the mental
19health facility or hospital, except that mental health
20treatment may not be secured for persons committed under
21Section 104-13 or 104-25 of the Code of Criminal Procedure of
221963 or under Section 5-2-4 of the Unified Code of
23Corrections.
 
24    Section 15. Provision of services. A private mental health

 

 

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1facility located in a northern border county may contract as
2provided under this Act with a county department located in
3the Wisconsin Southeast Region to provide mental health
4treatment to Wisconsin residents who are subject to
5involuntary admission on an inpatient basis under orders
6issued by Wisconsin courts which shall have jurisdiction over
7the Wisconsin residents while they are committed to the
8private mental health facility or private hospital for
9treatment as provided under Section 51.87 of the Wisconsin
10Statutes, except that mental health treatment may not be
11provided for Wisconsin residents who are involved in a
12criminal proceeding.
 
13    Section 20. Residence not established. No person
14establishes legal residence in the state where the receiving
15agency is located while the person is receiving services in
16accordance with a contract under this Act.
 
17    Section 25. Treatment records. Treatment records shall be
18managed in accordance with the laws of the receiving state.
 
19    Section 30. Involuntary commitments. An individual who is
20detained, committed, or placed on an involuntary basis under
21Article VI or VII of the Mental Health and Developmental
22Disabilities Code may be confined and treated for a mental
23health disorder in a private hospital or mental health

 

 

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1facility located in the Wisconsin Southeast Region in
2accordance with a contract under this Act. An individual who
3is detained, committed, or placed under the civil laws of
4Wisconsin may be confined and treated in this State in
5accordance with a contract under this Act. Court orders valid
6under the law of the sending state are granted recognition and
7reciprocity in the receiving state for individuals covered by
8a contract under this Act to the extent that the court orders
9relate to confinement for treatment or care of a mental health
10disorder. Such court orders are not subject to legal challenge
11in the courts of the receiving state. Persons who are
12detained, committed, or placed under the law of a sending
13state and who are transferred to a receiving state under this
14Act continue to be in the legal custody of the authority
15responsible for them under the law of the sending state.
16Except in emergencies, those persons may not be transferred,
17removed, or furloughed from a facility of the receiving agency
18without the specific approval of the authority responsible for
19them under the law of the sending state.
 
20    Section 35. Applicable laws. While in the receiving state
21in accordance with a contract under this Act, an individual
22shall be subject to all of the provisions of law, rules, and
23regulations applicable to persons detained, committed, or
24placed in accordance with the corresponding laws of the
25receiving state, except those laws, rules, and regulations of

 

 

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1the receiving state relating to length of confinement,
2reexaminations, and extensions of confinement and except as
3otherwise provided by this Act. The law, rules, and
4regulations of the sending state relating to length of
5confinement, reexaminations, and extensions of confinement
6shall apply. No person may be sent to another state in
7accordance with a contract under this Act until the receiving
8state has enacted a law recognizing the validity and
9applicability of this State's laws as provided in this Act.
 
10    Section 40. Transfers between facilities. An individual
11may be transferred between private facilities of the receiving
12state if transfers are permitted by the contract under this
13Act providing for the individual's care.
 
14    Section 50. Required contract provisions. All contracts
15under this Act shall do all of the following:
16        (1) Establish the responsibility for the costs of all
17    services to be provided under the contract.
18        (2) Establish the responsibility for the
19    transportation of clients to and from receiving
20    facilities.
21        (3) Provide for reports by the receiving agency to the
22    sending agency on the condition of each client covered by
23    the contract.
24        (4) Provide for arbitration of disputes arising out of

 

 

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1    the provisions of the contract which cannot be settled
2    through discussion between the contracting parties and
3    specify how arbitrators will be chosen.
4        (5) Include provisions ensuring the nondiscriminatory
5    treatment, as required by law, of employees, clients, and
6    applicants for employment and services.
7        (6) Establish the responsibility for providing legal
8    representation for clients in legal proceedings involving
9    the legality of confinement and the conditions of
10    confinement.
11        (7) Establish the responsibility for providing legal
12    representation for employees of the contracting parties in
13    legal proceedings initiated by persons receiving treatment
14    in accordance with the contract.
15        (8) Include provisions concerning the length of the
16    contract and the means by which the contract can be
17    terminated.
18        (9) Establish the right of qualified employees and
19    representatives of the sending agency and sending state to
20    inspect, at all reasonable times, the records of the
21    receiving agency and its treatment facilities to determine
22    if appropriate standards of care are met for clients
23    receiving services under the contract.
24        (10) Require the sending agency to provide the
25    receiving agency with copies of all relevant legal
26    documents authorizing confinement of persons who are

 

 

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1    confined in accordance with the law of the sending state
2    and receiving services in accordance with a contract under
3    this Act.
4        (11) Establish the responsibility for securing a
5    reexamination for an individual and for extending an
6    individual's period of confinement.
7        (12) Include provisions specifying when a receiving
8    facility can refuse to admit or retain an individual.
9        (13) Specify the circumstances under which individuals
10    will be permitted home visits and granted passes to leave
11    the facility.
 
12    Section 55. Applicability. This Act does not apply to
13state-operated or public facilities or hospitals located in
14Wisconsin or Illinois.