Full Text of HB1592 102nd General Assembly
HB1592enr 102ND GENERAL ASSEMBLY |
| | HB1592 Enrolled | | LRB102 03635 KTG 13648 b |
|
| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Mental | 5 | | Health Inpatient Facility Access Act. | 6 | | Section 5. Findings. The General Assembly finds that: | 7 | | (1) In 1955, Illinois had more than 30,000 adult | 8 | | State-operated inpatient mental health beds. | 9 | | (2) In 2019, prior to the COVID-19 pandemic, Illinois | 10 | | had fewer than 1,200 adult State-operated inpatient mental | 11 | | health beds. | 12 | | (3) Due to the COVID-19 pandemic, there are now only | 13 | | approximately 1,100 State-operated inpatient mental health | 14 | | beds. | 15 | | (4) More than 500,000 people in Illinois have serious | 16 | | mental health conditions. | 17 | | (5) While most people with even the most serious | 18 | | mental health conditions can be successfully treated in | 19 | | the community or in private hospitals, many will need | 20 | | inpatient care from a State-operated inpatient mental | 21 | | health facility. | 22 | | (6) Given the small number of remaining beds in | 23 | | State-operated inpatient mental health facilities, it is |
| | | HB1592 Enrolled | - 2 - | LRB102 03635 KTG 13648 b |
|
| 1 | | vital that adults who need a hospital-level of care are | 2 | | able to obtain services in such facilities. | 3 | | (7) Due to the lack of available inpatient mental | 4 | | health beds: | 5 | | (A) Many people in need of inpatient psychiatric | 6 | | care wait for days or weeks in emergency departments | 7 | | or non-psychiatric units of general hospitals where it | 8 | | is difficult to provide them with safe and effective | 9 | | mental health treatment. | 10 | | (B) Persons found unfit to stand trial or not | 11 | | guilty by reason of insanity and committed to the | 12 | | custody of the Department of Human Services often wait | 13 | | for weeks or months in county jails where it is | 14 | | difficult to provide them with safe and effective | 15 | | mental health treatment. | 16 | | (C) Adults with a continuing need for mental | 17 | | health services are discharged into the community | 18 | | before their mental health condition makes such a | 19 | | discharge safe and appropriate or before arrangements | 20 | | have been made for needed long-term community mental | 21 | | health services. | 22 | | (D) Adults who need inpatient care are often | 23 | | denied access to such care. | 24 | | Section 10. Strategic plan on improving access to | 25 | | inpatient psychiatric beds. The Department of Human Services' |
| | | HB1592 Enrolled | - 3 - | LRB102 03635 KTG 13648 b |
|
| 1 | | Division of Mental Health shall develop a written, strategic | 2 | | plan that comprehensively addresses improving access to | 3 | | inpatient psychiatric beds in State-operated mental health | 4 | | facilities for individuals needing a hospital level of care. | 5 | | This plan shall address achieving the best use of | 6 | | State-operated psychiatric beds across Illinois, with | 7 | | strategies specifically to mitigate inefficient use of | 8 | | forensic beds and reduce lengths of stays for the forensic | 9 | | population. A comprehensive approach to this plan shall | 10 | | include training and education, ongoing assessment of | 11 | | individuals receiving inpatient services, reviewing and | 12 | | updating policies and procedures, and increasing | 13 | | community-based capacity for individuals in all State-operated | 14 | | forensic beds. The plan shall include: | 15 | | (1) Annual training. Required annual training for all | 16 | | State-operated inpatient mental health facility clinicians | 17 | | shall include: | 18 | | (A) Best practices for evaluating whether | 19 | | individuals found not guilty by reason of insanity or | 20 | | unfit to stand trial meet the legal criteria for | 21 | | inpatient treatment. | 22 | | (B) Best practices for determining appropriate | 23 | | treatment for individuals found not guilty by reason | 24 | | of insanity or unfit to stand trial. | 25 | | (C) The requirements of treatment plan reports. | 26 | | (D) The types of mental health services available |
| | | HB1592 Enrolled | - 4 - | LRB102 03635 KTG 13648 b |
|
| 1 | | following discharge, including, but not limited to: | 2 | | assertive community treatment, community support | 3 | | teams, supportive housing, medication management, | 4 | | psychotherapy, peer support services, specialized | 5 | | mental health rehabilitation facilities, and nursing | 6 | | homes. | 7 | | (2) Regular and periodic assessment of mental health | 8 | | condition and progress. At least once every year following | 9 | | the admission of any individual under Section 5-2-4 of the | 10 | | Unified Code of Corrections or Section 104-17 of the Code | 11 | | of Criminal Procedure of 1963, the Director of the | 12 | | Division of Mental Health, or his or her designee, shall | 13 | | meet with the treatment team assigned to that individual | 14 | | to review whether: | 15 | | (A) The individual continues to meet the standard | 16 | | for inpatient care. | 17 | | (B) The individual may be appropriate for | 18 | | unsupervised on-grounds privileges, off-grounds | 19 | | privileges (with or without escort by personnel of the | 20 | | Department of Human Services), home visits, and | 21 | | participation in work programs. | 22 | | (C) The current treatment plan is reasonably | 23 | | expected to result in the improvement of the | 24 | | individual's clinical condition so that the individual | 25 | | no longer needs inpatient treatment, and, if not, what | 26 | | other treatments or placements are available to meet |
| | | HB1592 Enrolled | - 5 - | LRB102 03635 KTG 13648 b |
|
| 1 | | the individual's needs and safety. | 2 | | (3) Updated policies and procedures. | 3 | | (A) Revise facility policies and procedures to | 4 | | increase opportunities for home visits and work | 5 | | programs that assist with community reintegration. | 6 | | This shall include a review of unsupervised on-grounds | 7 | | privileges, off-grounds privileges (with or without | 8 | | escort by personnel of the Department of Human | 9 | | Services), home visits, and participation in work or | 10 | | educational programs to ensure that policies do not | 11 | | limit the ability to approve these activities. The | 12 | | plan shall also address the frequency for which | 13 | | individuals are assessed to be eligible for these | 14 | | activities. | 15 | | (B) Ensure all individuals found unfit to stand | 16 | | trial or not guilty by reason of insanity, who can be | 17 | | treated on an outpatient basis are recommended for | 18 | | outpatient services. | 19 | | (C) Develop benchmarks to ensure that: | 20 | | (i) every individual found unfit to stand | 21 | | trial or not guilty by reason of insanity who has | 22 | | been committed by a court to the Department for | 23 | | treatment shall be admitted to a Department | 24 | | facility within the time periods set forth in
| 25 | | subsection (b) of Section 104-17 of the Code of
| 26 | | Criminal Procedure of 1963 and subsection (a) of
|
| | | HB1592 Enrolled | - 6 - | LRB102 03635 KTG 13648 b |
|
| 1 | | Section 5-2-4 of Unified Code of Corrections; and | 2 | | (ii) no individual who needs inpatient | 3 | | psychiatric care remains in an emergency | 4 | | department of any hospital or in any other | 5 | | non-psychiatric unit longer than 48 hours. | 6 | | (4) Building community treatment capacity. | 7 | | (A) Specific steps to increase access to | 8 | | community-based mental health services that provide | 9 | | (i) outpatient alternatives to those being assessed | 10 | | for inpatient stays at State-operated inpatient mental | 11 | | health facilities and (ii) step-down services for | 12 | | those no longer meeting inpatient stay criteria, | 13 | | specifically the population of individuals found not | 14 | | guilty by reason of insanity. Such steps must | 15 | | specifically identify community-based treatment | 16 | | alternatives and how these services will be funded. | 17 | | (B) Specific steps to ensure each State-operated | 18 | | inpatient mental health facility has sufficient | 19 | | qualified psychiatrists, psychologists, social | 20 | | workers, peer support professionals, and other staff | 21 | | so that the Department may provide adequate and humane | 22 | | care and services for all patients. That plan shall | 23 | | include: | 24 | | (i) an assessment of whether the salary and | 25 | | other benefits provided to professional staff are | 26 | | sufficient to attract and retain staff; |
| | | HB1592 Enrolled | - 7 - | LRB102 03635 KTG 13648 b |
|
| 1 | | (ii) an assessment of the annual budget needed | 2 | | to attract and retain staff; | 3 | | (iii) an assessment of any other impediments | 4 | | to attracting and retaining staff, and a | 5 | | mitigation plan for those impediments; and | 6 | | (iv) a detailed plan for recruiting | 7 | | psychiatrists, psychologists, social workers, peer | 8 | | support professionals, and other mental health | 9 | | staff. | 10 | | (5) Certification of mental health clinicians. The | 11 | | Division of Mental Health shall outline in the strategic
| 12 | | plan a plan for training, implementing standard
| 13 | | qualifications, and credentialing all psychiatrists, | 14 | | clinical social workers, clinical psychologists, and | 15 | | qualified examiners who conduct any evaluations, as | 16 | | employees, agents, or vendors of the Division concerning: | 17 | | (A) findings of unfitness to stand trial and all | 18 | | other evaluations of individuals receiving treatment | 19 | | in accordance with Section 104-10 of the Code of | 20 | | Criminal Procedure of 1963: | 21 | | (B) individuals receiving treatment in accordance | 22 | | with Section 5-2-4 of the Unified Code of Corrections; | 23 | | (C) whether individuals are subject to involuntary | 24 | | admission on an inpatient or outpatient basis in | 25 | | accordance with the Mental Health and Developmental | 26 | | Disabilities Code; and |
| | | HB1592 Enrolled | - 8 - | LRB102 03635 KTG 13648 b |
|
| 1 | | (D) whether individuals are subject to | 2 | | court-ordered treatment in accordance with Section | 3 | | 2-107.1 of the Mental Health and Developmental | 4 | | Disabilities Code. | 5 | | Such evaluations shall include any treatment reports | 6 | | required under the Code of Criminal Procedure of 1963 or | 7 | | the Mental Health and Developmental Disabilities Code. | 8 | | (6) There shall be stakeholder input during the | 9 | | planning process from the Division of Mental Health's | 10 | | forensic workgroup. | 11 | | Section 15. Implementation. The strategic plan developed | 12 | | by the Division of Mental Health shall be finalized and made | 13 | | publicly available one year after the effective date of this | 14 | | Act. The plan shall include: | 15 | | (1) Benchmarks and timelines for implementing each | 16 | | provision of the plan. | 17 | | (2) Strategy for obtaining resources needed to | 18 | | implement each provision of the plan. | 19 | | (3) Ongoing stakeholder engagement during the | 20 | | implementation of the plan through the Division of Mental | 21 | | Health's forensic workgroup. | 22 | | Section 20. Prohibition on reduction of State-operated | 23 | | psychiatric inpatient beds. The Department shall make no | 24 | | further reductions in State-operated inpatient mental health |
| | | HB1592 Enrolled | - 9 - | LRB102 03635 KTG 13648 b |
|
| 1 | | bed capacity. Nothing in
this Section shall affect the | 2 | | authority of the Governor to
issue emergency executive orders | 3 | | to protect the health or
safety of recipients or employees of | 4 | | State-operated inpatient psychiatric facilities.
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law. |
|