Full Text of HB4096 99th General Assembly
HB4096enr 99TH GENERAL ASSEMBLY |
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| 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 5. The Mental Health and Developmental | 5 | | Disabilities Administrative Act is amended by changing Section | 6 | | 7.1 as follows:
| 7 | | (20 ILCS 1705/7.1) (from Ch. 91 1/2, par. 100-7.1)
| 8 | | Sec. 7.1.
For the purposes of this Section 7.1, | 9 | | "Department" means the Department of Healthcare and Family | 10 | | Services. To assist families in seeking intensive | 11 | | community-based services or residential placement for to place | 12 | | children with mental illness, for whom
no appropriate care is | 13 | | available in State-operated Department facilities, in licensed | 14 | | private
facilities, the Department shall supplement the amount | 15 | | a family is able to pay,
as determined by the Department and | 16 | | the amount available from other sources,
provided the | 17 | | Department's share shall not exceed a uniform maximum rate to | 18 | | be
determined from time to time by the Department. The | 19 | | Department may exercise the authority under this Section as is | 20 | | necessary to implement the provisions of Section 5-5.23 of the | 21 | | Illinois Public Aid Code and to administer Individual Care | 22 | | Grants. The Department shall work collaboratively with | 23 | | stakeholders and family representatives in the implementation |
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| 1 | | of this Section.
| 2 | | (Source: P.A. 88-380.)
| 3 | | Section 10. The Illinois Public Aid Code is amended by | 4 | | changing Section 5-5.23 as follows:
| 5 | | (305 ILCS 5/5-5.23)
| 6 | | Sec. 5-5.23. Children's mental health services.
| 7 | | (a) The Department of Healthcare and Family Services, by | 8 | | rule, shall require the screening and
assessment of
a child | 9 | | prior to any Medicaid-funded admission to an inpatient hospital | 10 | | for
psychiatric
services to be funded by Medicaid. The | 11 | | screening and assessment shall include a
determination of the | 12 | | appropriateness and availability of out-patient support
| 13 | | services
for necessary treatment. The Department, by rule, | 14 | | shall establish methods and
standards of payment for the | 15 | | screening, assessment, and necessary alternative
support
| 16 | | services.
| 17 | | (b) The Department of Healthcare and Family Services, to | 18 | | the extent allowable under federal law,
shall secure federal | 19 | | financial participation for Individual Care Grant
expenditures | 20 | | made
by the Department of Healthcare and Family Human Services | 21 | | for the Medicaid optional service
authorized under
Section | 22 | | 1905(h) of the federal Social Security Act, pursuant to the | 23 | | provisions
of Section
7.1 of the Mental Health and | 24 | | Developmental Disabilities Administrative Act. The
Department |
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| 1 | | of Healthcare and Family Services may exercise the
authority | 2 | | under this Section as is necessary to administer
Individual | 3 | | Care Grants as authorized under Section 7.1 of the
Mental | 4 | | Health and Developmental Disabilities Administrative
Act.
| 5 | | (c) The Department of Healthcare and Family Services shall | 6 | | work collaboratively with the Department of Children and Family
| 7 | | Services and the Division of Mental Health of jointly with the | 8 | | Department of
Human Services to implement subsections (a) and | 9 | | (b).
| 10 | | (d) On and after July 1, 2012, the Department shall reduce | 11 | | any rate of reimbursement for services or other payments or | 12 | | alter any methodologies authorized by this Code to reduce any | 13 | | rate of reimbursement for services or other payments in | 14 | | accordance with Section 5-5e. | 15 | | (e) All rights, powers, duties, and responsibilities | 16 | | currently exercised by the Department of Human Services related | 17 | | to the Individual Care Grant program are transferred to the | 18 | | Department of Healthcare and Family Services with the transfer | 19 | | and transition of the Individual Care Grant program to the | 20 | | Department of Healthcare and Family Services to be completed | 21 | | and implemented within 6 months after the effective date of | 22 | | this amendatory Act of the 99th General Assembly. For the | 23 | | purposes of the Successor Agency Act, the Department of | 24 | | Healthcare and Family Services is declared to be the successor | 25 | | agency of the Department of Human Services, but only with | 26 | | respect to the functions of the Department of Human Services |
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| 1 | | that are transferred to the Department of Healthcare and Family | 2 | | Services under this amendatory Act of the 99th General | 3 | | Assembly. | 4 | | (1) Each act done by the Department of Healthcare and | 5 | | Family Services in exercise of the transferred powers, | 6 | | duties, rights, and responsibilities shall have the same | 7 | | legal effect as if done by the Department of Human Services | 8 | | or its offices. | 9 | | (2) Any rules of the Department of Human Services that | 10 | | relate to the functions and programs transferred by this | 11 | | amendatory Act of the 99th General Assembly that are in | 12 | | full force on the effective date of this amendatory Act of | 13 | | the 99th General Assembly shall become the rules of the | 14 | | Department of Healthcare and Family Services. All rules | 15 | | transferred under this amendatory Act of the 99th General | 16 | | Assembly are hereby amended such that the term "Department" | 17 | | shall be defined as the Department of Healthcare and Family | 18 | | Services and all references to the "Secretary" shall be | 19 | | changed to the "Director of Healthcare and Family Services | 20 | | or his or her designee". As soon as practicable hereafter, | 21 | | the Department of Healthcare and Family Services shall | 22 | | revise and clarify the rules to reflect the transfer of | 23 | | rights, powers, duties, and responsibilities affected by | 24 | | this amendatory Act of the 99th General Assembly, using the | 25 | | procedures for recodification of rules available under the | 26 | | Illinois Administrative Procedure Act, except that |
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| 1 | | existing title, part, and section numbering for the | 2 | | affected rules may be retained. The Department of | 3 | | Healthcare and Family Services, consistent with its | 4 | | authority to do so as granted by this amendatory Act of the | 5 | | 99th General Assembly, shall propose and adopt any other | 6 | | rules under the Illinois Administrative Procedure Act as | 7 | | necessary to administer the Individual Care Grant program. | 8 | | These rules may include, but are not limited to, the | 9 | | application process and eligibility requirements for | 10 | | recipients. | 11 | | (3) All unexpended appropriations and balances and | 12 | | other funds available for use in connection with any | 13 | | functions of the Individual Care Grant program shall be | 14 | | transferred for the use of the Department of Healthcare and | 15 | | Family Services to operate the Individual Care Grant | 16 | | program. Unexpended balances shall be expended only for the | 17 | | purpose for which the appropriation was originally made. | 18 | | The Department of Healthcare and Family Services shall | 19 | | exercise all rights, powers, duties, and responsibilities | 20 | | for operation of the Individual Care Grant program. | 21 | | (4) Existing personnel and positions of the Department | 22 | | of Human Services pertaining to the administration of the | 23 | | Individual Care Grant program shall be transferred to the | 24 | | Department of Healthcare and Family Services with the | 25 | | transfer and transition of the Individual Care Grant | 26 | | program to the Department of Healthcare and Family |
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| 1 | | Services. The status and rights of Department of Human | 2 | | Services employees engaged in the performance of the | 3 | | functions of the Individual Care Grant program shall not be | 4 | | affected by this amendatory Act of the 99th General | 5 | | Assembly. The rights of the employees, the State of | 6 | | Illinois, and its agencies under the Personnel Code and | 7 | | applicable collective bargaining agreements or under any | 8 | | pension, retirement, or annuity plan shall not be affected | 9 | | by this amendatory Act of the 99th General Assembly. All | 10 | | transferred employees who are members of collective | 11 | | bargaining units shall retain their seniority, continuous | 12 | | service, salary, and accrued benefits. | 13 | | (5) All books, records, papers, documents, property | 14 | | (real and personal), contracts, and pending business | 15 | | pertaining to the powers, duties, rights, and | 16 | | responsibilities related to the functions of the | 17 | | Individual Care Grant program, including, but not limited | 18 | | to, material in electronic or magnetic format and necessary | 19 | | computer hardware and software, shall be delivered to the | 20 | | Department of Healthcare and Family Services; provided, | 21 | | however, that the delivery of this information shall not | 22 | | violate any applicable confidentiality constraints. | 23 | | (6) Whenever reports or notices are now required to be
| 24 | | made or given or papers or documents furnished or served by | 25 | | any person to or upon the Department of Human Services in | 26 | | connection with any of the functions transferred by this |
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| 1 | | amendatory Act of the 99th General Assembly, the same shall | 2 | | be made, given, furnished, or served in the same manner to | 3 | | or upon the Department of Healthcare and Family Services. | 4 | | (7) This amendatory Act of the 99th General Assembly | 5 | | shall not affect any act done, ratified, or canceled or any | 6 | | right occurring or established or any action or proceeding | 7 | | had or commenced in an administrative, civil, or criminal | 8 | | cause regarding the Department of Human Services before the | 9 | | effective date of this amendatory Act of the 99th General | 10 | | Assembly; and those actions or proceedings may be defended, | 11 | | prosecuted, and continued by the Department of Human | 12 | | Services. | 13 | | (f) The Individual Care Grant program shall be inoperative | 14 | | during the calendar year in which implementation begins of any | 15 | | remedies in response to litigation against the Department of | 16 | | Healthcare and Family Services related to children's | 17 | | behavioral health and the general status of children's | 18 | | behavioral health in this State. Individual Care Grant | 19 | | recipients in the program the year it becomes inoperative shall | 20 | | continue to remain in the program until it is clinically | 21 | | appropriate for them to step down in level of care. | 22 | | (Source: P.A. 97-689, eff. 6-14-12.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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