Full Text of HB0722 093rd General Assembly
HB0722enr 93RD GENERAL ASSEMBLY
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| AN ACT in relation to mental health.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Mental Health and Developmental | 5 |
| Disabilities Code is amended by changing Sections 3-605 and | 6 |
| 3-819 as follows:
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| (405 ILCS 5/3-605) (from Ch. 91 1/2, par. 3-605)
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| Sec. 3-605. (a) In counties with a population of 3,000,000 | 9 |
| or more, upon receipt of a petition and certificate prepared
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| pursuant to this Article, the county sheriff of the county in | 11 |
| which a
respondent is found shall take a respondent into
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| custody and transport him to a mental health facility, or may | 13 |
| make
arrangements
with another public or private entity | 14 |
| including a licensed ambulance service to
transport the | 15 |
| respondent to the mental health facility.
In the event it
is | 16 |
| determined by such facility that the respondent is in need of | 17 |
| commitment
or treatment at another mental health facility, the | 18 |
| county sheriff
shall transport the respondent to the | 19 |
| appropriate mental health facility,
or the county sheriff may | 20 |
| make arrangements with another public or private
entity | 21 |
| including a licensed
ambulance service to transport the | 22 |
| respondent to the mental health facility.
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| (b) The county
sheriff
may delegate his duties under | 24 |
| subsection (a)
hereunder to another law enforcement body within
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| that county if that law enforcement body agrees.
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| (b-5) In counties with a population under 3,000,000, upon | 27 |
| receipt of a petition and certificate prepared pursuant to this | 28 |
| Article, the Department shall make arrangements to | 29 |
| appropriately transport the respondent to a mental health | 30 |
| facility. In the event it is determined by the facility that | 31 |
| the respondent is in need of commitment or treatment at another | 32 |
| mental health facility, the Department shall make arrangements |
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| to appropriately transport the respondent to another mental | 2 |
| health facility. The making of such arrangements and agreements | 3 |
| with public or private entities is independent of the | 4 |
| Department's role as a provider of mental health services and | 5 |
| does not indicate that the respondent is admitted to any | 6 |
| Department facility. In making such arrangements and | 7 |
| agreements with other public or private entities, the | 8 |
| Department shall include provisions to ensure (i) the provision | 9 |
| of trained personnel and the use of an appropriate vehicle for | 10 |
| the safe transport of the respondent and (ii) that the | 11 |
| respondent's insurance carrier as well as other programs, both | 12 |
| public and private, that provide payment for such | 13 |
| transportation services are fully utilized to the maximum | 14 |
| extent possible. | 15 |
| The Department may not make arrangements with an existing | 16 |
| hospital or grant-in-aid or fee-for-service community provider | 17 |
| for transportation services under this Section unless the | 18 |
| hospital or provider has voluntarily submitted a proposal for | 19 |
| its transportation services. This requirement does not | 20 |
| eliminate or reduce any responsibility on the part of a | 21 |
| hospital or community provider to ensure transportation that | 22 |
| may arise independently through other State or federal law or | 23 |
| regulation.
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| (c) The transporting authority acting in good faith and | 25 |
| without negligence
in connection with the transportation of | 26 |
| respondents shall incur no liability,
civil or criminal, by | 27 |
| reason of such transportation.
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| (d) The respondent
and the estate of that respondent are | 29 |
| liable for the payment
of transportation costs for transporting | 30 |
| the respondent to a mental health
facility. If the respondent
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| is a beneficiary of a trust described in Section 15.1 of the | 32 |
| Trusts and
Trustees Act, the trust shall not be considered a | 33 |
| part of the respondent's
estate and shall not be subject to | 34 |
| payment for transportation costs for
transporting the | 35 |
| respondent to a mental health facility
under this Section | 36 |
| except to the extent permitted under Section 15.1 of the
Trusts |
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| and Trustees Act. If the respondent is unable to pay or if the | 2 |
| estate
of the respondent is insufficient, the responsible | 3 |
| relatives are severally
liable for the payment of those sums or | 4 |
| for the balance due in case less
than the amount owing has been | 5 |
| paid.
If the respondent is covered by insurance, the insurance | 6 |
| carrier shall be
liable for payment to the extent authorized by | 7 |
| the respondent's insurance
policy.
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| (Source: P.A. 87-1158.)
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| (405 ILCS 5/3-819) (from Ch. 91 1/2, par. 3-819)
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| Sec. 3-819. (a) In counties with a population of 3,000,000 | 11 |
| or more, when a recipient is hospitalized upon court order, the | 12 |
| order
may authorize a relative or friend of the recipient to | 13 |
| transport the recipient
to the facility if such person is able | 14 |
| to do so safely and humanely. When
the Department indicates | 15 |
| that it has transportation to the facility available,
the order | 16 |
| may authorize the Department to transport the recipient there.
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| The court may order the sheriff of the county in which such | 18 |
| proceedings
are held to transport the recipient to the | 19 |
| facility. When a recipient is
hospitalized upon court order, | 20 |
| and the recipient has been transported to a
mental health | 21 |
| facility, other than a state-operated mental health facility, | 22 |
| and
it is determined by the facility that the recipient is in | 23 |
| need of commitment or
treatment at another mental health | 24 |
| facility, the court shall determine whether
a relative or | 25 |
| friend of the recipient or the Department is authorized to
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| transport the recipient between facilities, or whether the | 27 |
| county sheriff
is responsible for transporting the recipient | 28 |
| between facilities. The sheriff
may make arrangements with | 29 |
| another public or private entity including a
licensed ambulance | 30 |
| service to transport the recipient to the facility. The
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| transporting entity acting in good faith and without negligence | 32 |
| in connection
with the transportation of recipients shall incur | 33 |
| no liability, civil or
criminal, by reason of such | 34 |
| transportation.
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| (a-5) In counties with a population under 3,000,000, when a |
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| recipient is hospitalized upon court order, the order may | 2 |
| authorize a relative or friend of the recipient to transport | 3 |
| the recipient to the facility if the person is able to do so | 4 |
| safely and humanely. The court may order the Department to | 5 |
| transport the recipient to the facility. When a recipient is | 6 |
| hospitalized upon court order, and the recipient has been | 7 |
| transported to a mental health facility other than a | 8 |
| State-operated mental health facility, and it is determined by | 9 |
| the facility that the recipient is in need of commitment or | 10 |
| treatment at another mental health facility, the court shall | 11 |
| determine whether a relative or friend of the recipient is | 12 |
| authorized to transport the recipient between facilities, or | 13 |
| whether the Department is responsible for transporting the | 14 |
| recipient between facilities. If the court determines that the | 15 |
| Department is responsible for the transportation, the | 16 |
| Department shall make arrangements either directly or through | 17 |
| agreements with another public or private entity, including a | 18 |
| licensed ambulance service, to appropriately transport the | 19 |
| recipient to the facility. The making of such arrangements and | 20 |
| agreements with public or private entities is independent of | 21 |
| the Department's role as a provider of mental health services | 22 |
| and does not indicate that the recipient is admitted to any | 23 |
| Department facility. In making such arrangements and | 24 |
| agreements with other public or private entities, the | 25 |
| Department shall include provisions to ensure (i) the provision | 26 |
| of trained personnel and the use of an appropriate vehicle for | 27 |
| the safe transport of the recipient and (ii) that the | 28 |
| recipient's insurance carrier as well as other programs, both | 29 |
| public and private, that provide payment for such | 30 |
| transportation services are fully utilized to the maximum | 31 |
| extent possible. | 32 |
| The Department may not make arrangements with an existing | 33 |
| hospital or grant-in-aid or fee-for-service community provider | 34 |
| for transportation services under this Section unless the | 35 |
| hospital or provider has voluntarily submitted a proposal for | 36 |
| its transportation services. This requirement does not |
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HB0722 Enrolled |
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LRB093 05824 DRH 05917 b |
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| eliminate or reduce any responsibility on the part of a | 2 |
| hospital or community provider to ensure transportation that | 3 |
| may arise independently through other State or federal law or | 4 |
| regulation. | 5 |
| A transporting entity acting in good faith and without | 6 |
| negligence in connection with the transportation of a recipient | 7 |
| incurs no liability, civil or criminal, by reason of that | 8 |
| transportation.
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| (b) The court may authorize the transporting entity may
to
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| bill the recipient,
the estate of the recipient, legally | 11 |
| responsible relatives, or insurance
carrier for the cost of | 12 |
| providing transportation of the recipient to a mental
health | 13 |
| facility. The recipient and the estate of the recipient are | 14 |
| liable
for the payment of transportation costs for transporting | 15 |
| the recipient to a
mental health facility. If the recipient is | 16 |
| a beneficiary of a trust
described in Section 15.1 of the | 17 |
| Trusts and Trustees Act, the trust shall
not be considered a | 18 |
| part of the recipient's estate and shall not be subject
to | 19 |
| payment for transportation costs for transporting the | 20 |
| recipient to a
mental health facility under this section, | 21 |
| except to the extent permitted
under Section 15.1 of the Trusts | 22 |
| and Trustees Act. If the recipient is
unable to pay or if the | 23 |
| estate of the recipient is insufficient, the
responsible | 24 |
| relatives are severally liable for the payment of those sums or
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| for the balance due in case less than the amount owing has been | 26 |
| paid. If
the recipient is covered by insurance, the insurance | 27 |
| carrier shall be
liable for payment to the extent authorized by | 28 |
| the recipient's insurance
policy.
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| (c) Upon the delivery of a recipient to a facility, in | 30 |
| accordance with the
procedure set forth in this Article, the | 31 |
| facility director of the facility
shall sign a receipt | 32 |
| acknowledging custody of the recipient and for any
personal | 33 |
| property belonging to him, which receipt shall be filed with | 34 |
| the clerk
of the court entering the hospitalization order.
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| (Source: P.A. 87-1158; 88-380.)
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HB0722 Enrolled |
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LRB093 05824 DRH 05917 b |
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| Section 99. Effective date. This Act takes effect January | 2 |
| 1, 2005. |
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