405 ILCS 5/3-819

(405 ILCS 5/3-819) (from Ch. 91 1/2, par. 3-819)

Sec. 3-819.

(a) In counties with a population of 3,000,000 or more, when a recipient is hospitalized upon court order, the order
may authorize a relative or friend of the recipient to transport the recipient
to the facility if such person is able to do so safely and humanely.  When
the Department indicates that it has transportation to the facility available,
the order may authorize the Department to transport the recipient there.
The court may order the sheriff of the county in which such proceedings
are held to transport the recipient to the facility. When a recipient is
hospitalized upon court order, and the recipient has been transported to a
mental health facility, other than a state-operated mental health facility, and
it is determined by the facility that the recipient is in need of commitment or
treatment at another mental health facility, the court shall determine whether
a relative or friend of the recipient or the Department is authorized to
transport the recipient between facilities, or whether the county sheriff
is responsible for transporting the recipient between facilities.  The sheriff
may make arrangements with another public or private entity including a
licensed ambulance service to transport the recipient to the facility.  The
transporting entity acting in good faith and without negligence in connection
with the transportation of recipients shall incur no liability, civil or
criminal, by reason of such transportation.

(a-5) In counties with a population under 3,000,000, when a recipient  is  hospitalized  upon court  order, the order may authorize a relative or friend of the recipient to transport the recipient to the  facility  if the  person  is able to do so safely and humanely.  The  court  may  order  the Department  to transport the recipient to the facility.  When  a recipient is hospitalized upon court order, and the recipient has  been transported to a mental health facility other than a State-operated mental health facility, and it is determined by the facility that the recipient is in need  of  commitment or  treatment  at  another  mental health facility, the court shall determine whether a relative or friend of the recipient is authorized to  transport  the  recipient between  facilities, or whether the Department  is  responsible  for  transporting  the   recipient   between facilities.   If the court determines that the Department is responsible for the transportation, the   Department   shall    make arrangements  either  directly  or  through  agreements  with another  public  or  private  entity,  including   a  licensed ambulance service, to appropriately transport the recipient to the facility.  The making of such arrangements and agreements with public or private entities is independent of the Department's role as a provider of mental health services and does not indicate that the recipient is admitted to any Department facility.   In making such arrangements and agreements with other public or private entities, the Department shall include provisions to ensure (i) the provision of trained personnel and  the  use  of an appropriate vehicle for the safe transport of the recipient and (ii) that the recipient's  insurance carrier as well as other programs, both public and private, that provide payment for such transportation services are fully utilized to the maximum extent possible.

The Department may not  make  arrangements  with  an existing   hospital   or   grant-in-aid   or  fee-for-service community provider for  transportation  services  under  this  Section  unless  the  hospital  or  provider  has voluntarily submitted a proposal for its  transportation  services.   This requirement does not eliminate or reduce  any responsibility on the part of a hospital or community provider to ensure transportation that may arise independently through other State or federal law or regulation.

A transporting entity acting in good faith and without negligence in connection with the transportation of a recipient incurs no liability, civil or criminal, by reason of that transportation.

(b) The transporting entity may

bill the recipient,
the estate of the recipient, legally responsible relatives, or insurance
carrier for the cost of providing transportation of the recipient to a mental
health facility.  The recipient and the estate of the recipient are liable
for the payment of transportation costs for transporting the recipient to a
mental health facility.  If the recipient is a beneficiary of a trust
described in Section 509 of the Illinois Trust Code, the trust shall
not be considered a part of the recipient's estate and shall not be subject
to payment for transportation costs for transporting the recipient to a
mental health facility under this section, except to the extent permitted
under Section 509 of the Illinois Trust Code.  If the recipient is
unable to pay or if the estate of the recipient is insufficient, the
responsible relatives are severally liable for the payment of those sums or
for the balance due in case less than the amount owing has been paid.  If
the recipient is covered by insurance, the insurance carrier shall be
liable for payment to the extent authorized by the recipient's insurance
policy.

(c) Upon the delivery of a recipient to a facility, in accordance with the
procedure set forth in this Article, the facility director of the facility
shall sign a receipt acknowledging custody of the recipient and for any
personal property belonging to him, which receipt shall be filed with the clerk
of the court entering the hospitalization order.

(Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.)