Full Text of HB2409 101st General Assembly
HB2409 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2409 Introduced , by Rep. Avery Bourne SYNOPSIS AS INTRODUCED: | | 405 ILCS 5/3-605 | from Ch. 91 1/2, par. 3-605 |
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Amends the Mental Health and Developmental Disabilities Code. Provides that a person subject to involuntary admission on an inpatient basis may be transported to a hospital nearest to his or her residence (rather than only a mental health facility). Provides that if a person subject to involuntary admission on an inpatient basis is transported to a hospital that is unable to provide treatment to persons subject to involuntary admission on an inpatient basis, the hospital shall arrange for transport of the respondent to a hospital that treats persons subject to involuntary admission on an inpatient basis or a mental health facility.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 Section 3-605 as | 6 | | follows:
| 7 | | (405 ILCS 5/3-605) (from Ch. 91 1/2, par. 3-605)
| 8 | | Sec. 3-605. (a) In counties with a population of 3,000,000 | 9 | | or more, upon receipt of a petition and certificate prepared
| 10 | | pursuant to this Article, the county sheriff of the county in | 11 | | which a
respondent is found shall take a respondent into
| 12 | | custody and transport him to the hospital nearest to his or her | 13 | | residence or to a mental health facility, or may make
| 14 | | arrangements
with another public or private entity including a | 15 | | licensed ambulance service to
transport the respondent to the | 16 | | hospital nearest to his or her residence or to the mental | 17 | | health facility.
In the event it
is determined by such facility | 18 | | that the respondent is in need of commitment
or treatment at | 19 | | another hospital or mental health facility, the county sheriff
| 20 | | shall transport the respondent to the appropriate hospital or | 21 | | to the mental health facility,
or the county sheriff may make | 22 | | arrangements with another public or private
entity including a | 23 | | licensed
ambulance service to transport the respondent to the |
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| 1 | | hospital or mental health facility. If a person subject to | 2 | | involuntary admission on an inpatient basis is transported to a | 3 | | hospital that is unable to provide treatment to persons subject | 4 | | to involuntary admission on an inpatient basis, the hospital | 5 | | shall arrange for transport of the respondent to a hospital | 6 | | that treats persons subject to involuntary admission on an | 7 | | inpatient basis or a mental health facility.
| 8 | | (b) The county
sheriff
may delegate his duties under | 9 | | subsection (a) to another law enforcement body within
that | 10 | | county if that law enforcement body agrees.
| 11 | | (b-5) In counties with a population under 3,000,000, upon | 12 | | receipt of a petition and certificate prepared pursuant to this | 13 | | Article, the Department shall make arrangements to | 14 | | appropriately transport the respondent to a hospital nearest to | 15 | | his or her residence or to a mental health facility. In the | 16 | | event it is determined by the facility that the respondent is | 17 | | in need of commitment or treatment at another mental health | 18 | | facility or hospital , the Department shall make arrangements to | 19 | | appropriately transport the respondent to another mental | 20 | | health facility or hospital . If a person subject to involuntary | 21 | | admission on an inpatient basis is transported to a hospital | 22 | | that is unable to provide treatment to persons subject to | 23 | | involuntary admission on an inpatient basis, the hospital shall | 24 | | arrange for transport of the respondent to a hospital that | 25 | | treats persons subject to involuntary admission on an inpatient | 26 | | basis or a mental health facility. The making of such |
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| 1 | | arrangements and agreements with public or private entities is | 2 | | independent of the Department's role as a provider of mental | 3 | | health services and does not indicate that the respondent is | 4 | | admitted to any Department facility. In making such | 5 | | arrangements and agreements with other public or private | 6 | | entities, the Department shall include provisions to ensure (i) | 7 | | the provision of trained personnel and the use of an | 8 | | appropriate vehicle for the safe transport of the respondent | 9 | | and (ii) that the respondent's insurance carrier as well as | 10 | | other programs, both public and private, that provide payment | 11 | | for such transportation services are fully utilized to the | 12 | | maximum extent possible. | 13 | | The Department may not make arrangements with an existing | 14 | | hospital or grant-in-aid or fee-for-service community provider | 15 | | for transportation services under this Section unless the | 16 | | hospital or provider has voluntarily submitted a proposal for | 17 | | its transportation services. This requirement does not | 18 | | eliminate or reduce any responsibility on the part of a | 19 | | hospital or community provider to ensure transportation that | 20 | | may arise independently through other State or federal law or | 21 | | regulation.
| 22 | | (c) The transporting authority acting in good faith and | 23 | | without negligence
in connection with the transportation of | 24 | | respondents shall incur no liability,
civil or criminal, by | 25 | | reason of such transportation.
| 26 | | (d) The respondent
and the estate of that respondent are |
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| 1 | | liable for the payment
of transportation costs for transporting | 2 | | the respondent to a mental health
facility or hospital . If the | 3 | | respondent
is a beneficiary of a trust described in Section | 4 | | 15.1 of the Trusts and
Trustees Act, the trust shall not be | 5 | | considered a part of the respondent's
estate and shall not be | 6 | | subject to payment for transportation costs for
transporting | 7 | | the respondent to a mental health facility
or hospital under | 8 | | this Section except to the extent permitted under Section 15.1 | 9 | | of the
Trusts and Trustees Act. If the respondent is unable to | 10 | | pay or if the estate
of the respondent is insufficient, the | 11 | | responsible relatives are severally
liable for the payment of | 12 | | those sums or for the balance due in case less
than the amount | 13 | | owing has been paid.
If the respondent is covered by insurance, | 14 | | the insurance carrier shall be
liable for payment to the extent | 15 | | authorized by the respondent's insurance
policy.
| 16 | | (Source: P.A. 93-770, eff. 1-1-05.)
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