Full Text of HB4636 101st General Assembly
HB4636 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4636 Introduced 2/5/2020, by Rep. Debbie Meyers-Martin SYNOPSIS AS INTRODUCED: |
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405 ILCS 5/2-200 | from Ch. 91 1/2, par. 2-200 |
405 ILCS 5/3-207 | from Ch. 91 1/2, par. 3-207 |
405 ILCS 5/3-908 | from Ch. 91 1/2, par. 3-908 |
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Amends the Mental Health and Developmental Disabilities Code. Provides that notice of a recipient's rights shall include, if applicable, the recipient's right to request a transfer to a different Department of Human Services' facility. Provides that a recipient in any Department facility, his or her attorney, guardian (if any), or responsible relative may make a written application to the facility director of the recipient's current facility to transfer to another Department facility. Provides that the Department shall provide the form to make such an application to a recipient, his or her attorney, guardian (if any), or responsible relative upon request. Provides that upon receipt of the recipient's application, the facility director shall promptly schedule a hearing to be held within 7 days. Provides that the hearing shall be held at the recipient's current facility. Establishes the burden of proof that the recipient must show in order to be transferred. Provides that if the utilization review committee finds that the recipient has sustained his or her burden and the request for transfer is supported by substantial evidence, it shall recommend that the transfer proceed within 30 days. Provides that if it does not so find, it shall recommend that the recipient not be transferred. Provides that if a recipient's application for transfer is denied, no application may be filed for 180 days. Provides that the recipient does, however, have the right to administratively appeal
any decision of the utilization review committee.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | WHEREAS, The Mental Health and Developmental Disabilities | 3 | | Code sets forth important procedural protections when a | 4 | | recipient is initially transferred between Department of Human | 5 | | Services' facilities, but has no explicit procedural | 6 | | protection outside of this initial transfer period; and | 7 | | WHEREAS, It is the intent of this Act to protect the | 8 | | liberty interests and to mitigate harm to Department of Human | 9 | | Services' recipients;
therefore | 10 | | Be it enacted by the People of the State of Illinois,
| 11 | | represented in the General Assembly:
| 12 | | Section 5. The Mental Health and Developmental | 13 | | Disabilities Code is amended by changing Sections 2-200, 3-207, | 14 | | and 3-908 as follows:
| 15 | | (405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
| 16 | | Sec. 2-200. (a) Upon commencement of services, or as soon | 17 | | thereafter as
the condition of the recipient permits, every | 18 | | adult recipient, as well as the
recipient's guardian or | 19 | | substitute decision maker, and every recipient who is
12
years | 20 | | of age or older and the parent or guardian of a minor or person
| 21 | | under guardianship shall be informed orally and in writing of |
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| 1 | | the rights
guaranteed by this Chapter which are relevant to the | 2 | | nature of the
recipient's services
program. The notice shall | 3 | | include, if applicable, the recipient's right to request a | 4 | | transfer to a different Department facility under Section 3- | 5 | | 908. Every facility shall also post conspicuously in public | 6 | | areas
a summary of the rights which are relevant to the | 7 | | services delivered by
that facility as well as contact | 8 | | information for the Guardianship and Advocacy Commission and | 9 | | the agency designated by the Governor under Section 1 of the | 10 | | Protection and Advocacy for Persons with Developmental
| 11 | | Disabilities Act.
| 12 | | (b) A recipient who is 12 years of age or older and the | 13 | | parent or guardian
of a minor or person under guardianship at | 14 | | any time may designate, and upon
commencement of services shall | 15 | | be informed of the right to designate, a
person or agency to | 16 | | receive notice under Section 2-201 or to direct that
no | 17 | | information about the recipient be disclosed to any person or | 18 | | agency.
| 19 | | (c) Upon commencement of services, or as soon thereafter as | 20 | | the
condition of the recipient permits, the facility shall ask | 21 | | the adult
recipient or minor recipient admitted pursuant to | 22 | | Section 3-502 whether the
recipient wants the facility to | 23 | | contact the recipient's spouse, parents,
guardian, close | 24 | | relatives, friends, attorney, advocate from the
Guardianship | 25 | | and Advocacy Commission or the agency designated by the
| 26 | | Governor under Section 1 of the Protection and Advocacy for |
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| 1 | | Persons with Developmental
Disabilities Act, or others and
| 2 | | inform them of the recipient's presence at the facility. The | 3 | | facility
shall by phone or by mail contact at least two of | 4 | | those people designated
by the recipient and shall inform them | 5 | | of the recipient's location. If the
recipient so requests, the | 6 | | facility shall also inform them of how to
contact the | 7 | | recipient.
| 8 | | (d) Upon commencement of services, or as soon thereafter as | 9 | | the condition
of the recipient permits, the facility shall | 10 | | advise the recipient as to the
circumstances under which the | 11 | | law permits the use of emergency forced
medication or | 12 | | electroconvulsive therapy under subsection (a) of Section | 13 | | 2-107, restraint under Section
2-108, or seclusion under | 14 | | Section 2-109. At the same time, the facility shall
inquire of | 15 | | the recipient which form of intervention the recipient would | 16 | | prefer
if any of these circumstances should arise. The | 17 | | recipient's preference shall
be noted in the recipient's record | 18 | | and communicated by the facility to the
recipient's guardian or | 19 | | substitute decision maker, if any, and any other
individual | 20 | | designated by the recipient. If any such circumstances | 21 | | subsequently
do arise, the facility shall give due | 22 | | consideration to the preferences of the
recipient regarding | 23 | | which form of intervention to use as communicated to the
| 24 | | facility by the recipient or as stated in the recipient's | 25 | | advance directive.
| 26 | | (Source: P.A. 100-915, eff. 1-1-19 .)
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| 1 | | (405 ILCS 5/3-207) (from Ch. 91 1/2, par. 3-207)
| 2 | | Sec. 3-207.
(a) Hearings under Sections 3-405, 3-904 , | 3 | | 3-908, and 3-911 of
this Chapter shall be conducted by a | 4 | | utilization review committee. The Secretary
shall appoint a
| 5 | | utilization review committee at each Department facility. Each | 6 | | such committee
shall consist of a multi-disciplinary group of | 7 | | professional staff members who
are trained and equipped to deal | 8 | | with the clinical and treatment needs of
recipients. The | 9 | | recipient and the objector may be represented by persons of
| 10 | | their choice.
| 11 | | (b) The committee shall not be bound by rules of evidence | 12 | | or procedure
but shall conduct the proceedings in a manner | 13 | | intended to ensure a fair
hearing. The committee may make such | 14 | | investigation as it deems necessary.
A record of the | 15 | | proceedings shall be made and shall be kept in the recipient's
| 16 | | record. Within 3 days of conclusion of the hearing, the | 17 | | committee shall
submit to the facility director its written | 18 | | recommendations which include its factual findings
and | 19 | | conclusions. A copy of the recommendations shall be given to | 20 | | the recipient
and the objector.
| 21 | | (c) Within 7 days of receipt of the recommendations, the | 22 | | facility director shall give written
notice to the recipient | 23 | | and objector of his acceptance or rejection of the
| 24 | | recommendations and his reason therefor. If the director of the | 25 | | facility rejects the recommendations or if the
recipient or |
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| 1 | | objector requests review of the director's decision, the | 2 | | director
shall promptly forward a copy of his decision, the | 3 | | recommendations, and the
record of the hearing to the Secretary | 4 | | of the Department for
final review. The decision of the | 5 | | director or the decision of the
Secretary of the Department, if | 6 | | his review was requested,
shall be considered a final | 7 | | administrative decision.
| 8 | | (Source: P.A. 91-726, eff. 6-2-00.)
| 9 | | (405 ILCS 5/3-908) (from Ch. 91 1/2, par. 3-908)
| 10 | | Sec. 3-908.
| 11 | | (a) The facility director of any Department facility may | 12 | | transfer
a recipient to another Department facility if he | 13 | | determines the transfer to be
clinically advisable and | 14 | | consistent with the treatment needs of the recipient. | 15 | | (b) A recipient in any Department facility, his or her | 16 | | attorney, guardian (if any), or responsible relative may make a | 17 | | written application to the facility director of the recipient's | 18 | | current facility to transfer to another Department facility. | 19 | | The Department shall provide the form to make such an | 20 | | application to a recipient, his or her attorney, guardian (if | 21 | | any), or responsible relative upon request. | 22 | | A recipient of services eligible to apply under this | 23 | | subsection (b) shall not include persons with the primary | 24 | | diagnosis of a developmental disability. | 25 | | (c) Upon receipt of the recipient's application, the |
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| 1 | | facility director shall promptly schedule a hearing to be held | 2 | | by the utilization review committee within 7 days under Section | 3 | | 3-207. The hearing shall be held at the recipient's current | 4 | | facility. | 5 | | (d) At the hearing, the recipient shall have the burden of | 6 | | proving that: | 7 | | (1) the facility to which the recipient is requesting a | 8 | | transfer to a less restrictive facility that provides | 9 | | treatment which is more clinically appropriate for the | 10 | | recipient; and | 11 | | (2) the transfer does not threaten the safety of the | 12 | | recipient or others. | 13 | | (e) If the utilization review committee finds that the | 14 | | recipient has sustained his or her burden and the request for | 15 | | transfer is supported by substantial evidence, it shall | 16 | | recommend that the transfer proceed within 30 days. If it does | 17 | | not so find, it shall recommend that the recipient not be | 18 | | transferred. | 19 | | (f) If a recommended transfer cannot be currently made due | 20 | | to lack of space at the receiving facility, that facility shall | 21 | | inform the recipient and his or her petitioning attorney or | 22 | | guardian, in writing, and provide an estimated time frame for | 23 | | the completion of the transfer. | 24 | | (g) If a recipient's application for transfer is denied, no | 25 | | application under this Section may be filed by or for the | 26 | | recipient for 180 days after the date of the denial. The |
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| 1 | | recipient does, however, have the right to administratively | 2 | | appeal
any decision of the utilization review committee. | 3 | | If the recipient refuses the transfer recommended under | 4 | | subsection (e), no application under this Section may be filed | 5 | | by or for the recipient for 180 days after the date of the | 6 | | recipient's refusal.
| 7 | | (Source: P.A. 88-380.)
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