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90_SB0956
SEE INDEX
Amends the Mental Health and Developmental Disabilities
Administrative Act. Provides that the Department of Mental
Health (and, on and after July 1, 1997, the Department of
Human Services) shall require candidates for positions
involving contact with recipients of services in
State-operated facilities to submit to fingerprint-based
criminal background investigations. Sets forth circumstances
under which information relating to an investigation may be
disclosed. Deletes provisions allowing the Department to
provide supplemental payments to families of persons placed
in licensed private facilities. Deletes a provision
requiring 30 days' notice to the Department and the person's
guardian before a mentally retarded person is discharged or
transferred from a private facility. Provides that the
Department shall visit all persons the Department places in a
nursing home once in the first month following placement and
once every month thereafter when indicated. Abolishes the
Community Funding Advisory Committee. Repeals the Community
Residential Alternatives Licensing Act. Provides that all
agencies previously regulated by the Community Residential
Alternatives Licensing Act shall be regulated under the
Community-Integrated Living Arrangements Licensure and
Certification Act. Amends the Mental Health and
Developmental Disabilities Confidentiality Act. Provides
that mental health records and communications may be
disclosed in accordance with the Sex Offender Registration
Act and the Rights of Crime Victims and Witnesses Act.
Permits a facility director to disclose whether a person is
present at the mental health or developmental disability
facility upon the request of a peace officer or prosecuting
authority who is conducting a bona fide investigation of a
criminal offense or attempting to apprehend a fugitive from
justice. Establishes civil and criminal immunity for a
person who discloses the information in good faith. Makes
other changes. Effective immediately, except certain
provisions take effect on July 1, 1997.
LRB9002180WHmg
LRB9002180WHmg
1 AN ACT to amend certain Acts in relation to mental health
2 and developmental disabilities.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Department of Mental Health and
6 Developmental Disabilities Act (short title changed to
7 Mental Health and Developmental Disabilities Administrative
8 Act effective July 1, 1997) is amended by changing Sections
9 4.2, 15, 43, and 54 as follows:
10 (20 ILCS 1705/4.2) (from Ch. 91 1/2, par. 100-4.2)
11 Sec. 4.2. Facility staff. The Department shall describe
12 and delineate guidelines for each of the facilities it
13 operates regarding the number and qualifications of the staff
14 required to carry out prescribed duties. The guidelines shall
15 be based on consideration of recipient needs as well as
16 professional and programmatic requirements, including those
17 established for purposes of national accreditation and for
18 certification under Titles XVIII and XIX of the federal
19 Social Security Act. The Department shall utilize those
20 guidelines in the preparation of its annual plan and shall
21 include in the plan a report of efforts in management and
22 budgeting at each facility to achieve staffing targets
23 established in relation to the guidelines.
24 (b) As used in this Section, "direct care position"
25 means any position with the Department in which the job
26 titles which will regularly or temporarily entail contact
27 with recipients in the Department's facilities for persons
28 with a mental illness or a developmental disability.
29 (c) The Department shall require that each candidate for
30 employment in a direct care position, as a condition of
31 employment, shall submit to a fingerprint-based criminal
-2- LRB9002180WHmg
1 background investigation to determine whether the candidate
2 for employment in a direct care position has ever been
3 charged with a crime and, if so, the disposition of those
4 charges. This authorization shall indicate the scope of the
5 inquiry and the agencies which may be contacted. Upon this
6 authorization, the Director (or, on or after July 1, 1997,
7 the Secretary) shall request and receive information and
8 assistance from any federal, State or local governmental
9 agency as part of the authorized investigation. The
10 Department of State Police shall provide information
11 concerning any criminal charges, and their disposition, now
12 or hereafter filed against a candidate for employment in a
13 direct care position upon request of the Department when the
14 request is made in the form and manner required by the
15 Department of State Police.
16 Information concerning convictions of a candidate for
17 employment in a direct care position investigated under this
18 Section, including the source of the information and any
19 conclusions or recommendations derived from the information,
20 shall be provided, upon request, to the candidate for
21 employment in a direct care position before final action by
22 the Department on the application. Information on convictions
23 of a candidate for employment in a direct care position under
24 this Act shall be provided to the director of the employing
25 unit, and, upon request, to the candidate for employment in
26 a direct care position. Any information concerning criminal
27 charges and the disposition of those charges obtained by the
28 Department shall be confidential and may not be transmitted
29 outside the Department, except as required in this Act, and
30 may not be transmitted to anyone within the Department except
31 as needed for the purpose of evaluating an application of a
32 candidate for employment in a direct care position. Only
33 information and standards which bear a reasonable and
34 rational relation to the performance of a direct care
-3- LRB9002180WHmg
1 position shall be used by the Department. Any employee of
2 the Department or the Department of State Police receiving
3 confidential information under this Section who gives or
4 causes to be given any confidential information concerning
5 any criminal convictions of a candidate for employment in a
6 direct care position shall be guilty of a Class A misdemeanor
7 unless release of the information is authorized by this
8 Section.
9 A Department employing unit may hire, on a probationary
10 basis, any candidate for employment in a direct care
11 position, authorizing a criminal background investigation
12 under this Section, pending the result of the investigation.
13 A candidate for employment in a direct care position shall be
14 notified before he or she is hired that his or her employment
15 may be terminated on the basis of criminal background
16 information obtained by the employing unit.
17 No person may be employed in a direct care position who
18 refuses to authorize an investigation as required by this
19 subsection (c).
20 (Source: P.A. 86-1013.)
21 (20 ILCS 1705/15) (from Ch. 91 1/2, par. 100-15)
22 (Text of Section in effect until July 1, 1997)
23 Sec. 15. Before any person is released from a facility
24 operated by the State pursuant to an absolute discharge or a
25 conditional discharge from hospitalization under this Act,
26 the facility director of the facility in which such person is
27 hospitalized shall determine that such person is not
28 currently in need of hospitalization and:
29 (a) is able to live independently in the community;
30 or
31 (b) requires further oversight and supervisory care
32 for which arrangements have been made with responsible
33 relatives or supervised residential program approved by
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1 the Department; or
2 (c) requires further personal care or general
3 oversight as defined by the Nursing Home Care Act, for
4 which placement arrangements have been made with a
5 suitable family home or other licensed facility approved
6 by the Department under this Section.
7 Such determination shall be made in writing and shall
8 become a part of the facility record of such absolutely or
9 conditionally discharged person. When the determination
10 indicates that the condition of the person to be granted an
11 absolute discharge or a conditional discharge is described
12 under subparagraph (c) of this Section, the name and address
13 of the continuing care facility or home to which such person
14 is to be released shall be entered in the facility record.
15 Where a discharge from a mental health facility is made under
16 subparagraph (c), the Department of Mental Health and
17 Developmental Disabilities shall assign the person so
18 discharged to an existing community based not-for-profit
19 agency for participation in day activities suitable to the
20 person's needs, such as but not limited to social and
21 vocational rehabilitation, and other recreational,
22 educational and financial activities unless the community
23 based not-for-profit agency is unqualified to accept such
24 assignment. Where the clientele of any not-for-profit agency
25 increases as a result of assignments under this amendatory
26 Act of 1977 by more than 3% over the prior year, the
27 Department shall fully reimburse such agency for the costs of
28 providing services to such persons in excess of such 3%
29 increase.
30 Insofar as desirable in the interests of the former
31 recipient, the facility, program or home in which the
32 discharged person is to be placed shall be located in or near
33 the community in which the person resided prior to
34 hospitalization or in the community in which the person's
-5- LRB9002180WHmg
1 family or nearest next of kin presently reside. Placement of
2 the discharged person in facilities, programs or homes
3 located outside of this State shall not be made by the
4 Department unless there are no appropriate facilities,
5 programs or homes available within this State. Out-of-state
6 placements shall be subject to return of recipients so placed
7 upon the availability of facilities, programs or homes within
8 this State to accommodate these recipients, except where
9 placement in a contiguous state results in locating a
10 recipient in a facility or program closer to the recipient's
11 home or family. If an appropriate facility or program
12 becomes available equal to or closer to the recipient's home
13 or family, the recipient shall be returned to and placed at
14 the appropriate facility or program within this State.
15 To place any person who is under a program of the
16 Department at board in a suitable family home or in such
17 other facility or program as the Department may consider
18 desirable. The Department may place in licensed nursing
19 homes, sheltered care homes, or homes for the aged those
20 persons whose behavioral manifestations and medical and
21 nursing care needs are such as to be substantially
22 indistinguishable from persons already living in such
23 facilities. Prior to any placement by the Department under
24 this Section, a determination shall be made by the personnel
25 of the Department, as to the capability and suitability of
26 such facility to adequately meet the needs of the person to
27 be discharged. When specialized programs are necessary in
28 order to enable persons in need of supervised living to
29 develop and improve in the community, the Department shall
30 place such persons only in specialized residential care
31 facilities which shall meet Department standards including
32 restricted admission policy, special staffing and programming
33 for social and vocational rehabilitation, in addition to the
34 requirements of the appropriate State licensing agency. The
-6- LRB9002180WHmg
1 Department shall not place any new person in a facility the
2 license of which has been revoked or not renewed on grounds
3 of inadequate programming, staffing, or medical or adjunctive
4 services, regardless of the pendency of an action for
5 administrative review regarding such revocation or failure to
6 renew. Before the Department may transfer any person to a
7 licensed nursing home, sheltered care home or home for the
8 aged or place any person in a specialized residential care
9 facility the Department shall notify the person to be
10 transferred, or a responsible relative of such person, in
11 writing, at least 30 days before the proposed transfer, with
12 respect to all the relevant facts concerning such transfer,
13 except in cases of emergency when such notice is not
14 required. If either the person to be transferred or a
15 responsible relative of such person objects to such transfer,
16 in writing to the Department, at any time after receipt of
17 notice and before the transfer, the facility director of the
18 facility in which the person was a recipient shall
19 immediately schedule a hearing at the facility with the
20 presence of the facility director, the person who objected to
21 such proposed transfer, and a psychiatrist who is familiar
22 with the record of the person to be transferred. Such person
23 to be transferred or a responsible relative may be
24 represented by such counsel or interested party as he may
25 appoint, who may present such testimony with respect to the
26 proposed transfer. Testimony presented at such hearing shall
27 become a part of the facility record of the
28 person-to-be-transferred. The record of testimony shall be
29 held in the person-to-be-transferred's record in the central
30 files of the facility. If such hearing is held a transfer may
31 only be implemented, if at all, in accordance with the
32 results of such hearing. Within 15 days after such hearing
33 the facility director shall deliver his findings based on the
34 record of the case and the testimony presented at the
-7- LRB9002180WHmg
1 hearing, by registered or certified mail, to the parties to
2 such hearing. The findings of the facility director shall be
3 deemed a final administrative decision of the Department. For
4 purposes of this Section, "case of emergency" means those
5 instances in which the health of the person to be transferred
6 is imperiled and the most appropriate mental health care or
7 medical care is available at a licensed nursing home,
8 sheltered care home or home for the aged or a specialized
9 residential care facility.
10 Prior to placement of any person in a facility under this
11 Section the Department shall ensure that an appropriate
12 training plan for staff is provided by the facility. Said
13 training may include instruction and demonstration by
14 Department personnel qualified in the area of mental illness
15 or mental retardation, as applicable to the person to be
16 placed. Training may be given both at the facility from which
17 the recipient is transferred and at the facility receiving
18 the recipient, and may be available on a continuing basis
19 subsequent to placement. In a facility providing services to
20 former Department recipients, training shall be available as
21 necessary for facility staff. Such training will be on a
22 continuing basis as the needs of the facility and recipients
23 change and further training is required.
24 The Department shall not place any person in a facility
25 which does not have appropriately trained staff in sufficient
26 numbers to accommodate the recipient population already at
27 the facility. As a condition of further or future placements
28 of persons, the Department shall require the employment of
29 additional trained staff members at the facility where said
30 persons are to be placed. The Director, or his designate,
31 shall establish guidelines for placement of persons in
32 facilities under this Act.
33 Bills for the support for a person boarded out shall be
34 payable monthly out of the proper maintenance funds and shall
-8- LRB9002180WHmg
1 be audited as any other accounts of the Department. If a
2 person is placed in a facility or program outside the
3 Department, the Department may pay the actual costs of
4 residence, treatment or maintenance in such facility and may
5 collect such actual costs or a portion thereof from the
6 recipient or the estate of a person placed in accordance with
7 this Section.
8 Other than those placed in a family home the Department
9 shall cause all persons who are placed in a facility, as
10 defined by the Nursing Home Care Act, or in designated
11 community living situations or programs, to be visited at
12 least once during every week for the first month following
13 placement, and once every month thereafter when indicated.
14 Visits shall be made by qualified and trained Department
15 personnel, or their designee, in the area of mental health or
16 developmental disabilities applicable to the person visited,
17 and shall be made on a more frequent basis when indicated.
18 The Department may not use as designee any personnel
19 connected with or responsible to the representatives of any
20 facility in which persons who have been transferred under
21 this Section are placed. In the course of such visit there
22 shall be consideration of the following areas, but not
23 limited thereto: effects of transfer on physical and mental
24 health of the person, sufficiency of nursing care and medical
25 coverage required by the person, sufficiency of staff
26 personnel and ability to provide basic care for the person,
27 social, recreational and programmatic activities available
28 for the person, and other appropriate aspects of the person's
29 environment.
30 A report containing the above observations shall be made
31 to the Department and to any other appropriate agency
32 subsequent to each visitation. At the conclusion of one year
33 following absolute or conditional discharge, or a longer
34 period of time if required by the Department, the Department
-9- LRB9002180WHmg
1 may terminate the visitation requirements of this Section as
2 to a person placed in accordance with this Section, by filing
3 a written statement of termination setting forth reasons to
4 substantiate the termination of visitations in the person's
5 file, and sending a copy thereof to the person, and to his
6 guardian or next of kin.
7 Upon the complaint of any person placed in accordance
8 with this Section or any responsible citizen or upon
9 discovery that such person has been abused, neglected, or
10 improperly cared for, or that the placement does not provide
11 the type of care required by the recipient's current
12 condition, the Department immediately shall investigate, and
13 determine if the well-being, health, care, or safety of any
14 person is affected by any of the above occurrences, and if
15 any one of the above occurrences is verified, the Department
16 shall remove such person at once to a facility of the
17 Department or to another facility outside the Department,
18 provided such person's needs can be met at said facility.
19 The Department may also provide any person placed in
20 accordance with this Section who is without available funds,
21 and who is permitted to engage in employment outside the
22 facility, such sums for the transportation, and other
23 expenses as may be needed by him until he receives his wages
24 for such employment.
25 The Department shall promulgate rules and regulations
26 governing the purchase of care for persons who are wards of
27 or who are receiving services from the Department. Such
28 rules and regulations shall apply to all monies expended by
29 any agency of the State of Illinois for services rendered by
30 any person, corporate entity, agency, governmental agency or
31 political subdivision whether public or private outside of
32 the Department whether payment is made through a contractual,
33 per-diem or other arrangement. No funds shall be paid to any
34 person, corporation, agency, governmental entity or political
-10- LRB9002180WHmg
1 subdivision without compliance with such rules and
2 regulations.
3 The rules and regulations governing purchase of care
4 shall describe categories and types of service deemed
5 appropriate for purchase by the Department.
6 Any provider of services under this Act may elect to
7 receive payment for those services, and the Department is
8 authorized to arrange for that payment, by means of direct
9 deposit transmittals to the service provider's account
10 maintained at a bank, savings and loan association, or other
11 financial institution. The financial institution shall be
12 approved by the Department, and the deposits shall be in
13 accordance with rules and regulations adopted by the
14 Department.
15 (Source: P.A. 86-820; 86-922; 86-1028; 87-751.)
16 (Text of Section taking effect July 1, 1997)
17 Sec. 15. Before any person is released from a facility
18 operated by the State pursuant to an absolute discharge or a
19 conditional discharge from hospitalization under this Act,
20 the facility director of the facility in which such person is
21 hospitalized shall determine that such person is not
22 currently in need of hospitalization and:
23 (a) is able to live independently in the community;
24 or
25 (b) requires further oversight and supervisory care
26 for which arrangements have been made with responsible
27 relatives or supervised residential program approved by
28 the Department; or
29 (c) requires further personal care or general
30 oversight as defined by the Nursing Home Care Act, for
31 which placement arrangements have been made with a
32 suitable family home or other licensed facility approved
33 by the Department under this Section.
34 Such determination shall be made in writing and shall
-11- LRB9002180WHmg
1 become a part of the facility record of such absolutely or
2 conditionally discharged person. When the determination
3 indicates that the condition of the person to be granted an
4 absolute discharge or a conditional discharge is described
5 under subparagraph (c) of this Section, the name and address
6 of the continuing care facility or home to which such person
7 is to be released shall be entered in the facility record.
8 Where a discharge from a mental health facility is made under
9 subparagraph (c), the Department shall assign the person so
10 discharged to an existing community based not-for-profit
11 agency for participation in day activities suitable to the
12 person's needs, such as but not limited to social and
13 vocational rehabilitation, and other recreational,
14 educational and financial activities unless the community
15 based not-for-profit agency is unqualified to accept such
16 assignment. Where the clientele of any not-for-profit agency
17 increases as a result of assignments under this amendatory
18 Act of 1977 by more than 3% over the prior year, the
19 Department shall fully reimburse such agency for the costs of
20 providing services to such persons in excess of such 3%
21 increase.
22 Insofar as desirable in the interests of the former
23 recipient, the facility, program or home in which the
24 discharged person is to be placed shall be located in or near
25 the community in which the person resided prior to
26 hospitalization or in the community in which the person's
27 family or nearest next of kin presently reside. Placement of
28 the discharged person in facilities, programs or homes
29 located outside of this State shall not be made by the
30 Department unless there are no appropriate facilities,
31 programs or homes available within this State. Out-of-state
32 placements shall be subject to return of recipients so placed
33 upon the availability of facilities, programs or homes within
34 this State to accommodate these recipients, except where
-12- LRB9002180WHmg
1 placement in a contiguous state results in locating a
2 recipient in a facility or program closer to the recipient's
3 home or family. If an appropriate facility or program
4 becomes available equal to or closer to the recipient's home
5 or family, the recipient shall be returned to and placed at
6 the appropriate facility or program within this State.
7 To place any person who is under a program of the
8 Department at board in a suitable family home or in such
9 other facility or program as the Department may consider
10 desirable. The Department may place in licensed nursing
11 homes, sheltered care homes, or homes for the aged those
12 persons whose behavioral manifestations and medical and
13 nursing care needs are such as to be substantially
14 indistinguishable from persons already living in such
15 facilities. Prior to any placement by the Department under
16 this Section, a determination shall be made by the personnel
17 of the Department, as to the capability and suitability of
18 such facility to adequately meet the needs of the person to
19 be discharged. When specialized programs are necessary in
20 order to enable persons in need of supervised living to
21 develop and improve in the community, the Department shall
22 place such persons only in specialized residential care
23 facilities which shall meet Department standards including
24 restricted admission policy, special staffing and programming
25 for social and vocational rehabilitation, in addition to the
26 requirements of the appropriate State licensing agency. The
27 Department shall not place any new person in a facility the
28 license of which has been revoked or not renewed on grounds
29 of inadequate programming, staffing, or medical or adjunctive
30 services, regardless of the pendency of an action for
31 administrative review regarding such revocation or failure to
32 renew. Before the Department may transfer any person to a
33 licensed nursing home, sheltered care home or home for the
34 aged or place any person in a specialized residential care
-13- LRB9002180WHmg
1 facility the Department shall notify the person to be
2 transferred, or a responsible relative of such person, in
3 writing, at least 30 days before the proposed transfer, with
4 respect to all the relevant facts concerning such transfer,
5 except in cases of emergency when such notice is not
6 required. If either the person to be transferred or a
7 responsible relative of such person objects to such transfer,
8 in writing to the Department, at any time after receipt of
9 notice and before the transfer, the facility director of the
10 facility in which the person was a recipient shall
11 immediately schedule a hearing at the facility with the
12 presence of the facility director, the person who objected to
13 such proposed transfer, and a psychiatrist who is familiar
14 with the record of the person to be transferred. Such person
15 to be transferred or a responsible relative may be
16 represented by such counsel or interested party as he may
17 appoint, who may present such testimony with respect to the
18 proposed transfer. Testimony presented at such hearing shall
19 become a part of the facility record of the
20 person-to-be-transferred. The record of testimony shall be
21 held in the person-to-be-transferred's record in the central
22 files of the facility. If such hearing is held a transfer may
23 only be implemented, if at all, in accordance with the
24 results of such hearing. Within 15 days after such hearing
25 the facility director shall deliver his findings based on the
26 record of the case and the testimony presented at the
27 hearing, by registered or certified mail, to the parties to
28 such hearing. The findings of the facility director shall be
29 deemed a final administrative decision of the Department. For
30 purposes of this Section, "case of emergency" means those
31 instances in which the health of the person to be transferred
32 is imperiled and the most appropriate mental health care or
33 medical care is available at a licensed nursing home,
34 sheltered care home or home for the aged or a specialized
-14- LRB9002180WHmg
1 residential care facility.
2 Prior to placement of any person in a facility under this
3 Section the Department shall ensure that an appropriate
4 training plan for staff is provided by the facility. Said
5 training may include instruction and demonstration by
6 Department personnel qualified in the area of mental illness
7 or mental retardation, as applicable to the person to be
8 placed. Training may be given both at the facility from
9 which the recipient is transferred and at the facility
10 receiving the recipient, and may be available on a continuing
11 basis subsequent to placement. In a facility providing
12 services to former Department recipients, training shall be
13 available as necessary for facility staff. Such training
14 will be on a continuing basis as the needs of the facility
15 and recipients change and further training is required.
16 The Department shall not place any person in a facility
17 which does not have appropriately trained staff in sufficient
18 numbers to accommodate the recipient population already at
19 the facility. As a condition of further or future placements
20 of persons, the Department shall require the employment of
21 additional trained staff members at the facility where said
22 persons are to be placed. The Secretary, or his or her
23 designate, shall establish guidelines for placement of
24 persons in facilities under this Act.
25 Bills for the support for a person boarded out shall be
26 payable monthly out of the proper maintenance funds and shall
27 be audited as any other accounts of the Department. If a
28 person is placed in a facility or program outside the
29 Department, the Department may pay the actual costs of
30 residence, treatment or maintenance in such facility and may
31 collect such actual costs or a portion thereof from the
32 recipient or the estate of a person placed in accordance with
33 this Section.
34 Other than those placed in a family home the Department
-15- LRB9002180WHmg
1 shall cause all persons who are placed in a facility, as
2 defined by the Nursing Home Care Act, or in designated
3 community living situations or programs, to be visited at
4 least once during every week for the first month following
5 placement, and once every month thereafter when indicated.
6 Visits shall be made by qualified and trained Department
7 personnel, or their designee, in the area of mental health or
8 developmental disabilities applicable to the person visited,
9 and shall be made on a more frequent basis when indicated.
10 The Department may not use as designee any personnel
11 connected with or responsible to the representatives of any
12 facility in which persons who have been transferred under
13 this Section are placed. In the course of such visit there
14 shall be consideration of the following areas, but not
15 limited thereto: effects of transfer on physical and mental
16 health of the person, sufficiency of nursing care and medical
17 coverage required by the person, sufficiency of staff
18 personnel and ability to provide basic care for the person,
19 social, recreational and programmatic activities available
20 for the person, and other appropriate aspects of the person's
21 environment.
22 A report containing the above observations shall be made
23 to the Department and to any other appropriate agency
24 subsequent to each visitation. At the conclusion of one year
25 following absolute or conditional discharge, or a longer
26 period of time if required by the Department, the Department
27 may terminate the visitation requirements of this Section as
28 to a person placed in accordance with this Section, by filing
29 a written statement of termination setting forth reasons to
30 substantiate the termination of visitations in the person's
31 file, and sending a copy thereof to the person, and to his
32 guardian or next of kin.
33 Upon the complaint of any person placed in accordance
34 with this Section or any responsible citizen or upon
-16- LRB9002180WHmg
1 discovery that such person has been abused, neglected, or
2 improperly cared for, or that the placement does not provide
3 the type of care required by the recipient's current
4 condition, the Department immediately shall investigate, and
5 determine if the well-being, health, care, or safety of any
6 person is affected by any of the above occurrences, and if
7 any one of the above occurrences is verified, the Department
8 shall remove such person at once to a facility of the
9 Department or to another facility outside the Department,
10 provided such person's needs can be met at said facility.
11 The Department may also provide any person placed in
12 accordance with this Section who is without available funds,
13 and who is permitted to engage in employment outside the
14 facility, such sums for the transportation, and other
15 expenses as may be needed by him until he receives his wages
16 for such employment.
17 The Department shall promulgate rules and regulations
18 governing the purchase of care for persons who are wards of
19 or who are receiving services from the Department. Such
20 rules and regulations shall apply to all monies expended by
21 any agency of the State of Illinois for services rendered by
22 any person, corporate entity, agency, governmental agency or
23 political subdivision whether public or private outside of
24 the Department whether payment is made through a contractual,
25 per-diem or other arrangement. No funds shall be paid to any
26 person, corporation, agency, governmental entity or political
27 subdivision without compliance with such rules and
28 regulations.
29 The rules and regulations governing purchase of care
30 shall describe categories and types of service deemed
31 appropriate for purchase by the Department.
32 Any provider of services under this Act may elect to
33 receive payment for those services, and the Department is
34 authorized to arrange for that payment, by means of direct
-17- LRB9002180WHmg
1 deposit transmittals to the service provider's account
2 maintained at a bank, savings and loan association, or other
3 financial institution. The financial institution shall be
4 approved by the Department, and the deposits shall be in
5 accordance with rules and regulations adopted by the
6 Department.
7 (Source: P.A. 89-507, eff. 7-1-97.)
8 (20 ILCS 1705/43) (from Ch. 91 1/2, par. 100-43)
9 Sec. 43. To provide habilitation and care for mentally
10 retarded and persons with a developmental disability and
11 counseling for their families in accordance with programs
12 established and conducted by the Department.
13 In assisting families to place such persons in need of
14 care in licensed facilities for mentally retarded and persons
15 with a developmental disability. The Department may
16 supplement the amount a family is able to pay, as determined
17 by the Department in accordance with Sections 5-105 through
18 5-116 of the "Mental Health and Developmental Disabilities
19 Code" as amended, and the amount available from other
20 sources. The Department shall have the authority to determine
21 eligibility for placement of a person in a private facility.
22 Whenever a mentally retarded person or a client is placed
23 in a private facility pursuant to this Section, such private
24 facility must give the Department and the person's guardian
25 or nearest relative, at least 30 days' notice in writing
26 before such person may be discharged or transferred from the
27 private facility, except in an emergency.
28 (Source: P.A. 88-380.)
29 (20 ILCS 1705/54) (from Ch. 91 1/2, par. 100-54)
30 (Text of Section in effect until July 1, 1997)
31 Sec. 54. Establishment of rates for purchase of services.
32 (a) It is the purpose of this Section to establish
-18- LRB9002180WHmg
1 procedures for the development, calculation, and
2 communication of rates promulgated by the Department of
3 Mental Health and Developmental Disabilities for the purchase
4 of services for persons with a developmental disability, and
5 persons with mental illness; to require the promulgation of
6 rules which specify the treatment of costs for purposes of
7 establishing rates for various purchase care program
8 categories; to require that rates be equitable,
9 understandable, and established through an open, public
10 process; and to require the delineation of where purchase
11 care, grant-in-aid, and other payment mechanisms are most
12 appropriately utilized. The Department's rate-setting policy
13 should stimulate the development of cost effective,
14 clinically appropriate, community-based residential, and
15 other support services for recipients according to an annual
16 statement of purchase care goals and objectives.
17 (b) The Department shall establish rates in all
18 instances where services are purchased by the Department for
19 a specific recipient from a specific community service
20 provider for which the Department has the responsibility for
21 establishing payment rates. When determining rates, the
22 Department shall take into consideration differences in the
23 costs of doing business among the various geographic regions
24 of the State and shall set rates that reflect those
25 differences. The Department may, for various program
26 categories, adopt rates that are set by other State agencies.
27 (c) The Department shall perform the following duties:
28 (1) Develop rate-setting methodologies for purchase
29 care program categories.
30 (2) Promulgate rules and regulations governing
31 rate-setting, treatment of costs, treatment of occupancy,
32 and payment and contracting processes for purchase care.
33 (3) Collect cost and performance information from
34 care providers. The Department may stipulate forms, unit
-19- LRB9002180WHmg
1 of service definitions, reporting procedures and
2 reporting intervals.
3 (4) Calculate purchase of care reimbursement rates
4 for specific providers based on the promulgated rate
5 methodology for that program category.
6 (5) Negotiate and implement purchase of care
7 contracts with specific providers.
8 (6) Develop an annual statement of purchase care
9 goals and objectives detailing maximum units of service
10 by program category to be purchased. The plan for each
11 fiscal year shall be completed by May 1 of the previous
12 fiscal year.
13 (7) Conduct an annual review and prepare an annual
14 report of rates and units of service purchased, comparing
15 the annual purchase of care statement with actual
16 services purchased, and the actual cost of providing
17 those services. The report shall be made available by
18 May 1.
19 (8) Establish and promulgate a process and criteria
20 for appealing rates.
21 (9) Develop and promulgate standards and criteria
22 by which provider performance shall be evaluated.
23 (10) Set rates based on published methodologies and
24 subject to the availability of funds appropriated by the
25 General Assembly.
26 (11) Establish and promulgate a policy regarding
27 applicability of income offsets in rate calculation or
28 and/or payment processes.
29 (12) Develop criteria for selection of payment
30 mechanisms to be employed in funding community services.
31 (d) The Department may investigate and employ
32 alternative rate setting approaches and engage in
33 demonstration projects. These Such approaches must be
34 publicly articulated by the Department, identifying the
-20- LRB9002180WHmg
1 purpose and scope of the alternative approach and evaluation
2 to be conducted.
3 (e) (Blank). The Director shall appoint a Community
4 funding advisory Committee within 60 days after the effective
5 date of this amendatory Act of 1983.
6 The Community Funding advisory Committee shall be
7 composed of 12 members. The Director shall appoint a
8 chairperson from among the Committee members. Two shall be
9 individuals representing developmental disability providers,
10 2 shall be individuals representing consumers of
11 developmental disability services and advocates.
12 Two shall be individuals representing mental illness
13 providers and 2 shall be individuals representing consumers
14 of mental illness services and advocates.
15 The Directors of the Departments of Mental Health and
16 Developmental Disabilities, Public Health, Public Aid, and
17 Children and Family Services, shall designate representatives
18 from their respective departments who shall also sit on the
19 Advisory Committee.
20 Members shall serve terms as follows: 4 shall serve for
21 one year and until their successors are appointed; 4 shall
22 serve for 2 years and until their successors are appointed;
23 and 4 shall serve for 3 years and until their successors are
24 appointed. After the expiration of the original
25 appointments, all terms shall be for 3 years.
26 It shall be the responsibility of the Community Funding
27 Advisory Committee to:
28 (1) advise and counsel the Department in the
29 development and adoption of purchased care rate-setting
30 methodologies;
31 (2) advise and counsel the Department in the annual
32 review of purchased care rates;
33 (3) advise and counsel the Department in the
34 development of standards and criteria by which provider
-21- LRB9002180WHmg
1 contract performance shall be evaluated;
2 (4) review and comment on the annual statement of
3 purchased care goals and objectives;
4 (5) review purchased care rate methodologies
5 employed by the Department;
6 (6) Review criteria developed by the Department for
7 selection of payment mechanisms to be employed in funding
8 community services.
9 (Source: P.A. 88-380; 89-58, eff. 1-1-96.)
10 (Text of Section taking effect July 1, 1997)
11 Sec. 54. Establishment of rates for purchase of services.
12 (a) It is the purpose of this Section to establish
13 procedures for the development, calculation, and
14 communication of rates promulgated by the Department for the
15 purchase of services for persons with a developmental
16 disability, and persons with mental illness; to require the
17 promulgation of rules which specify the treatment of costs
18 for purposes of establishing rates for various purchase care
19 program categories; to require that rates be equitable,
20 understandable, and established through an open, public
21 process; and to require the delineation of where purchase
22 care, grant-in-aid, and other payment mechanisms are most
23 appropriately utilized. The Department's rate-setting policy
24 should stimulate the development of cost effective,
25 clinically appropriate, community-based residential, and
26 other support services for recipients according to an annual
27 statement of purchase care goals and objectives.
28 (b) The Department shall establish rates in all
29 instances where services are purchased by the Department for
30 a specific recipient from a specific community service
31 provider for which the Department has the responsibility for
32 establishing payment rates. When determining rates, the
33 Department shall take into consideration differences in the
34 costs of doing business among the various geographic regions
-22- LRB9002180WHmg
1 of the State and shall set rates that reflect those
2 differences. The Department may, for various program
3 categories, adopt rates that are set by other State agencies.
4 (c) The Department shall perform the following duties:
5 (1) Develop rate-setting methodologies for purchase
6 care program categories.
7 (2) Promulgate rules and regulations governing
8 rate-setting, treatment of costs, treatment of occupancy,
9 and payment and contracting processes for purchase care.
10 (3) Collect cost and performance information from
11 care providers. The Department may stipulate forms, unit
12 of service definitions, reporting procedures and
13 reporting intervals.
14 (4) Calculate purchase of care reimbursement rates
15 for specific providers based on the promulgated rate
16 methodology for that program category.
17 (5) Negotiate and implement purchase of care
18 contracts with specific providers.
19 (6) Develop an annual statement of purchase care
20 goals and objectives detailing maximum units of service
21 by program category to be purchased. The plan for each
22 fiscal year shall be completed by May 1 of the previous
23 fiscal year.
24 (7) Conduct an annual review and prepare an annual
25 report of rates and units of service purchased, comparing
26 the annual purchase of care statement with actual
27 services purchased, and the actual cost of providing
28 those services. The report shall be made available by
29 May 1.
30 (8) Establish and promulgate a process and criteria
31 for appealing rates.
32 (9) Develop and promulgate standards and criteria
33 by which provider performance shall be evaluated.
34 (10) Set rates based on published methodologies and
-23- LRB9002180WHmg
1 subject to the availability of funds appropriated by the
2 General Assembly.
3 (11) Establish and promulgate a policy regarding
4 applicability of income offsets in rate calculation or
5 and/or payment processes.
6 (12) Develop criteria for selection of payment
7 mechanisms to be employed in funding community services.
8 (d) The Department may investigate and employ
9 alternative rate setting approaches and engage in
10 demonstration projects. These Such approaches must be
11 publicly articulated by the Department, identifying the
12 purpose and scope of the alternative approach and evaluation
13 to be conducted.
14 (e) (Blank). The Secretary shall appoint a Community
15 Funding Advisory Committee within 60 days after the effective
16 date of this amendatory Act of 1983.
17 The Community Funding Advisory Committee shall be
18 composed of 12 members. Two members shall be individuals
19 representing developmental disability providers, 2 shall be
20 individuals representing consumers of developmental
21 disability services and advocates. Two members shall be
22 individuals representing mental illness providers and 2 shall
23 be individuals representing consumers of mental illness
24 services and advocates. The Secretary of Human Services
25 and the Directors of the Departments of Public Health, Public
26 Aid, and Children and Family Services, shall each designate a
27 representative from their respective departments who shall
28 also sit on the Advisory Committee.
29 The Secretary shall appoint a chairperson from among the
30 Committee members.
31 Members shall serve terms as follows: 4 shall serve for
32 one year and until their successors are appointed; 4 shall
33 serve for 2 years and until their successors are appointed;
34 and 4 shall serve for 3 years and until their successors are
-24- LRB9002180WHmg
1 appointed. After the expiration of the original
2 appointments, all terms shall be for 3 years.
3 It shall be the responsibility of the Community Funding
4 Advisory Committee to:
5 (1) advise and counsel the Department in the
6 development and adoption of purchased care rate-setting
7 methodologies;
8 (2) advise and counsel the Department in the annual
9 review of purchased care rates;
10 (3) advise and counsel the Department in the
11 development of standards and criteria by which provider
12 contract performance shall be evaluated;
13 (4) review and comment on the annual statement of
14 purchased care goals and objectives;
15 (5) review purchased care rate methodologies
16 employed by the Department;
17 (6) Review criteria developed by the Department for
18 selection of payment mechanisms to be employed in funding
19 community services.
20 (Source: P.A. 88-380; 89-58, eff. 1-1-96; 89-507, eff.
21 7-1-97.)
22 (20 ILCS 1705/7.1 rep.)
23 Section 10. The Department of Mental Health and
24 Developmental Disabilities Act (short title changed to Mental
25 Health and Developmental Disabilities Administrative Act
26 effective July 1, 1997) is amended by repealing Section 7.1.
27 Section 15. The Community-Integrated Living Arrangements
28 Licensure and Certification Act is amended by adding Section
29 11 as follows:
30 (210 ILCS 135/11 new)
31 Sec. 11. All agencies previously licensed under the
-25- LRB9002180WHmg
1 Community Residential Alternatives Licensing Act are subject
2 to and shall be licensed under this Act.
3 (210 ILCS 140/1 Act rep.)
4 Section 20. The Community Residential Alternatives
5 Licensing Act is repealed.
6 Section 25. The Mental Health and Developmental
7 Disabilities Confidentiality Act is amended by changing
8 Sections 11 and 12 as follows:
9 (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
10 (Text of Section in effect until July 1, 1997)
11 Sec. 11. Disclosure of records and communications.
12 Records and communications may be disclosed, (i) in
13 accordance with the provisions of the Abused and Neglected
14 Child Reporting Act; (ii) when, and to the extent, a
15 therapist, in his or her sole discretion, determines that
16 disclosure is necessary to initiate or continue civil
17 commitment proceedings under the laws of this State or to
18 otherwise protect the recipient or other person against a
19 clear, imminent risk of serious physical or mental injury or
20 disease or death being inflicted upon the recipient or by the
21 recipient on himself or another; (iii) when, and to the
22 extent disclosure is, in the sole discretion of the
23 therapist, necessary to the provision of emergency medical
24 care to a recipient who is unable to assert or waive his or
25 her rights hereunder; (iv) when disclosure is necessary to
26 collect sums or receive third party payment representing
27 charges for mental health or developmental disabilities
28 services provided by a therapist or agency to a recipient
29 under Chapter V of the Mental Health and Developmental
30 Disabilities Code or to transfer debts under the Uncollected
31 States Claims Act; however, disclosure shall be limited to
-26- LRB9002180WHmg
1 information needed to pursue collection, and the information
2 so disclosed shall not be used for any other purposes nor
3 shall it be redisclosed except in connection with collection
4 activities; (v) when requested by a family member, the
5 Department of Mental Health and Developmental Disabilities
6 may assist in the location of the interment site of a
7 deceased recipient who is interred in a cemetery established
8 under Section 100-26 of the Department of Mental Health and
9 Developmental Disabilities Act; (vi) in commitment
10 proceedings and involuntary medication hearings under the
11 Mental Health and Developmental Disabilities Code and
12 proceedings and investigations preliminary thereto, to the
13 State's Attorney for the county or residence of a person for
14 whom involuntary or judicial admission or involuntary
15 medication is sought, or in which the person is found, or in
16 which the facility is located, and to the attorney
17 representing the recipient in the commitment proceedings or
18 medication hearing, provided that the information so
19 disclosed shall not be utilized for any other purpose nor be
20 redisclosed except in connection with the proceedings or
21 investigations; (vii) when, and to the extent disclosure is
22 necessary to comply with the requirements of the Census
23 Bureau in taking the federal Decennial Census; and (viii)
24 when, and to the extent, in the therapist's sole discretion,
25 disclosure is necessary to warn or protect a specific
26 individual against whom a recipient has made a specific
27 threat of violence where there exists a therapist-recipient
28 relationship or a special recipient-individual relationship;
29 (ix) in accordance with the Sex Offender Registration Act;
30 and (x) in accordance with the Rights of Crime Victims and
31 Witnesses Act. Any person, institution, or agency, under this
32 Act, participating in good faith in the making of a report
33 under the Abused and Neglected Child Reporting Act or in the
34 disclosure of records and communications under this Section,
-27- LRB9002180WHmg
1 shall have immunity from any liability, civil, criminal or
2 otherwise, that might result by reason of such action. For
3 the purpose of any proceeding, civil or criminal, arising out
4 of a report or disclosure under this Section, the good faith
5 of any person, institution, or agency so reporting or
6 disclosing shall be presumed.
7 (Source: P.A. 88-484; 89-439, eff. 6-1-96.)
8 (Text of Section taking effect July 1, 1997)
9 Sec. 11. Disclosure of records and communications.
10 Records and communications may be disclosed, (i) in
11 accordance with the provisions of the Abused and Neglected
12 Child Reporting Act; (ii) when, and to the extent, a
13 therapist, in his or her sole discretion, determines that
14 disclosure is necessary to initiate or continue civil
15 commitment proceedings under the laws of this State or to
16 otherwise protect the recipient or other person against a
17 clear, imminent risk of serious physical or mental injury or
18 disease or death being inflicted upon the recipient or by the
19 recipient on himself or another; (iii) when, and to the
20 extent disclosure is, in the sole discretion of the
21 therapist, necessary to the provision of emergency medical
22 care to a recipient who is unable to assert or waive his or
23 her rights hereunder; (iv) when disclosure is necessary to
24 collect sums or receive third party payment representing
25 charges for mental health or developmental disabilities
26 services provided by a therapist or agency to a recipient
27 under Chapter V of the Mental Health and Developmental
28 Disabilities Code or to transfer debts under the Uncollected
29 State Claims Act; however, disclosure shall be limited to
30 information needed to pursue collection, and the information
31 so disclosed shall not be used for any other purposes nor
32 shall it be redisclosed except in connection with collection
33 activities; (v) when requested by a family member, the
34 Department of Human Services may assist in the location of
-28- LRB9002180WHmg
1 the interment site of a deceased recipient who is interred in
2 a cemetery established under Section 100-26 of the Mental
3 Health and Developmental Disabilities Administrative Act;
4 (vi) in commitment proceedings and involuntary medication
5 hearings under the Mental Health and Developmental
6 Disabilities Code and proceedings and investigations
7 preliminary thereto, to the State's Attorney for the county
8 or residence of a person for whom involuntary or judicial
9 admission or involuntary medication is sought, or in which
10 the person is found, or in which the facility is located, and
11 to the attorney representing the recipient in the commitment
12 proceedings or medication hearing, provided that the
13 information so disclosed shall not be utilized for any other
14 purpose nor be redisclosed except in connection with the
15 proceedings or investigations; (vii) when, and to the extent
16 disclosure is necessary to comply with the requirements of
17 the Census Bureau in taking the federal Decennial Census; and
18 (viii) when, and to the extent, in the therapist's sole
19 discretion, disclosure is necessary to warn or protect a
20 specific individual against whom a recipient has made a
21 specific threat of violence where there exists a
22 therapist-recipient relationship or a special
23 recipient-individual relationship; (ix) in accordance with
24 the Sex Offender Registration Act; and (x) in accordance with
25 the Rights of Crime Victims and Witnesses Act. Any person,
26 institution, or agency, under this Act, participating in good
27 faith in the making of a report under the Abused and
28 Neglected Child Reporting Act or in the disclosure of records
29 and communications under this Section, shall have immunity
30 from any liability, civil, criminal or otherwise, that might
31 result by reason of such action. For the purpose of any
32 proceeding, civil or criminal, arising out of a report or
33 disclosure under this Section, the good faith of any person,
34 institution, or agency so reporting or disclosing shall be
-29- LRB9002180WHmg
1 presumed.
2 (Source: P.A. 88-484; 89-439, eff. 6-1-96; 89-507, eff.
3 7-1-97.)
4 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
5 (Text of Section in effect until July 1, 1997)
6 Sec. 12. (a) If the United States Secret Service or the
7 Department of State Police requests information from a mental
8 health or developmental disability facility, as defined in
9 Section 1-107 and 1-114 of the Mental Health and
10 Developmental Disabilities Code, relating to a specific
11 recipient and the facility director determines that
12 disclosure of such information may be necessary to protect
13 the life of, or to prevent the infliction of great bodily
14 harm to, a public official, or a person under the protection
15 of the United States Secret Service, only the following
16 information may be disclosed: the recipient's name, address,
17 and age and the date of any admission to or discharge from a
18 facility; and any information which would indicate whether or
19 not the recipient has a history of violence or presents a
20 danger of violence to the person under protection. Any
21 information so disclosed shall be used for investigative
22 purposes only and shall not be publicly disseminated. Any
23 person participating in good faith in the disclosure of such
24 information in accordance with this provision shall have
25 immunity from any liability, civil, criminal or otherwise, if
26 such information is disclosed relying upon the representation
27 of an officer of the United States Secret Service or the
28 Department of State Police that a person is under the
29 protection of the United States Secret Service or is a public
30 official.
31 For the purpose of this subsection (a), the term "public
32 official" means the Governor, Lieutenant Governor, Attorney
33 General, Secretary of State, State Comptroller, State
-30- LRB9002180WHmg
1 Treasurer or member of the General Assembly. The term shall
2 also include the spouse, child or children of a public
3 official.
4 (b) The Department of Mental Health and Developmental
5 Disabilities and all private hospitals are required, as
6 hereafter described in this subsection, to furnish the
7 Department of State Police only such information as may be
8 required for the sole purpose of determining whether an
9 individual who may be or may have been a patient is
10 disqualified because of that status from receiving or
11 retaining a Firearm Owner's Identification Card under
12 subsection (e) of Section 8 of the Firearm Owners
13 Identification Card Act. All private hospitals shall, in the
14 form and manner required by the Department, provide such
15 information as shall be necessary for the Department to
16 comply with the reporting requirements to the Department of
17 State Police. Such information shall be furnished within 30
18 days after admission to a private hospital. Any such
19 information disclosed under this subsection shall remain
20 privileged and confidential, and shall not be redisclosed nor
21 utilized for any other purpose. The method of requiring the
22 providing of such information shall guarantee that no
23 information is released beyond what is necessary for this
24 purpose. In addition, the information disclosed shall be
25 provided by the Department within the time period established
26 by Section 24-3 of the Criminal Code of 1961 regarding the
27 delivery of firearms. The method used shall be sufficient to
28 provide the necessary information within the prescribed time
29 period, which may include periodically providing lists to the
30 Department of Mental Health and Developmental Disabilities or
31 any private hospital of Firearm Owner's Identification Card
32 applicants on which the Department or hospital shall indicate
33 the identities of those individuals who are to its knowledge
34 disqualified from having a Firearm Owner's Identification
-31- LRB9002180WHmg
1 Card for reasons described herein. The Department may
2 provide for a centralized source of information for the State
3 on this subject under its jurisdiction.
4 Any person, institution, or agency, under this Act,
5 participating in good faith in the reporting or disclosure of
6 records and communications otherwise in accordance with this
7 provision or with rules, regulations or guidelines issued by
8 the Department shall have immunity from any liability, civil,
9 criminal or otherwise, that might result by reason of the
10 action. For the purpose of any proceeding, civil or
11 criminal, arising out of a report or disclosure in accordance
12 with this provision, the good faith of any person,
13 institution, or agency so reporting or disclosing shall be
14 presumed. The full extent of the immunity provided in this
15 subsection (b) shall apply to any person, institution or
16 agency that fails to make a report or disclosure in the good
17 faith belief that the report or disclosure would violate
18 federal regulations governing the confidentiality of alcohol
19 and drug abuse patient records implementing 42 U.S.C. 290dd-3
20 and 290ee-3.
21 For purposes of this subsection (b) only, the following
22 terms shall have the meaning prescribed:
23 (1) "Hospital" means only that type of institution
24 which is providing full-time residential facilities and
25 treatment for in-patients and excludes institutions, such
26 as community clinics, which only provide treatment to
27 out-patients.
28 (2) "Patient" shall mean only a person who is an
29 in-patient or resident of any hospital, not an
30 out-patient or client seen solely for periodic
31 consultation.
32 (c) Upon the request of a peace officer who takes a
33 person into custody and transports such person to a mental
34 health or developmental disability facility pursuant to
-32- LRB9002180WHmg
1 Section 3-606 or 4-404 of the Mental Health and Developmental
2 Disabilities Code or who transports a person from such
3 facility, a facility director shall furnish said peace
4 officer the name, address, age and name of the nearest
5 relative of the person transported to or from the mental
6 health or developmental disability facility. In no case
7 shall the facility director disclose to the peace officer any
8 information relating to the diagnosis, treatment or
9 evaluation of the person's mental or physical health.
10 For the purposes of this subsection (c), the terms
11 "mental health or developmental disability facility", "peace
12 officer" and "facility director" shall have the meanings
13 ascribed to them in the Mental Health and Developmental
14 Disabilities Code.
15 (d) Upon the request of a peace officer or prosecuting
16 authority who is conducting a bona fide investigation of a
17 criminal offense, or attempting to apprehend a fugitive from
18 justice, a facility director may disclose whether a person is
19 present at the facility. The requesting peace officer or
20 prosecuting authority must furnish a case number and the
21 purpose of the investigation or an outstanding arrest warrant
22 at the time of the request. Any person, institution, or
23 agency participating in good faith in disclosing such
24 information in accordance with this subsection (d) is immune
25 from any liability, civil, criminal or otherwise, that might
26 result by reason of the action.
27 (Source: P.A. 86-922; 87-124; 87-299; 87-300; 87-895.)
28 (Text of Section taking effect July 1, 1997)
29 Sec. 12. (a) If the United States Secret Service or the
30 Department of State Police requests information from a mental
31 health or developmental disability facility, as defined in
32 Section 1-107 and 1-114 of the Mental Health and
33 Developmental Disabilities Code, relating to a specific
34 recipient and the facility director determines that
-33- LRB9002180WHmg
1 disclosure of such information may be necessary to protect
2 the life of, or to prevent the infliction of great bodily
3 harm to, a public official, or a person under the protection
4 of the United States Secret Service, only the following
5 information may be disclosed: the recipient's name, address,
6 and age and the date of any admission to or discharge from a
7 facility; and any information which would indicate whether or
8 not the recipient has a history of violence or presents a
9 danger of violence to the person under protection. Any
10 information so disclosed shall be used for investigative
11 purposes only and shall not be publicly disseminated. Any
12 person participating in good faith in the disclosure of such
13 information in accordance with this provision shall have
14 immunity from any liability, civil, criminal or otherwise, if
15 such information is disclosed relying upon the representation
16 of an officer of the United States Secret Service or the
17 Department of State Police that a person is under the
18 protection of the United States Secret Service or is a public
19 official.
20 For the purpose of this subsection (a), the term "public
21 official" means the Governor, Lieutenant Governor, Attorney
22 General, Secretary of State, State Comptroller, State
23 Treasurer or member of the General Assembly. The term shall
24 also include the spouse, child or children of a public
25 official.
26 (b) The Department of Human Services (acting as
27 successor to the Department of Mental Health and
28 Developmental Disabilities) and all private hospitals are
29 required, as hereafter described in this subsection, to
30 furnish the Department of State Police only such information
31 as may be required for the sole purpose of determining
32 whether an individual who may be or may have been a patient
33 is disqualified because of that status from receiving or
34 retaining a Firearm Owner's Identification Card under
-34- LRB9002180WHmg
1 subsection (e) of Section 8 of the Firearm Owners
2 Identification Card Act. All private hospitals shall, in the
3 form and manner required by the Department, provide such
4 information as shall be necessary for the Department to
5 comply with the reporting requirements to the Department of
6 State Police. Such information shall be furnished within 30
7 days after admission to a private hospital. Any such
8 information disclosed under this subsection shall remain
9 privileged and confidential, and shall not be redisclosed nor
10 utilized for any other purpose. The method of requiring the
11 providing of such information shall guarantee that no
12 information is released beyond what is necessary for this
13 purpose. In addition, the information disclosed shall be
14 provided by the Department within the time period established
15 by Section 24-3 of the Criminal Code of 1961 regarding the
16 delivery of firearms. The method used shall be sufficient to
17 provide the necessary information within the prescribed time
18 period, which may include periodically providing lists to the
19 Department of Human Services or any private hospital of
20 Firearm Owner's Identification Card applicants on which the
21 Department or hospital shall indicate the identities of those
22 individuals who are to its knowledge disqualified from having
23 a Firearm Owner's Identification Card for reasons described
24 herein. The Department may provide for a centralized source
25 of information for the State on this subject under its
26 jurisdiction.
27 Any person, institution, or agency, under this Act,
28 participating in good faith in the reporting or disclosure of
29 records and communications otherwise in accordance with this
30 provision or with rules, regulations or guidelines issued by
31 the Department shall have immunity from any liability, civil,
32 criminal or otherwise, that might result by reason of the
33 action. For the purpose of any proceeding, civil or
34 criminal, arising out of a report or disclosure in accordance
-35- LRB9002180WHmg
1 with this provision, the good faith of any person,
2 institution, or agency so reporting or disclosing shall be
3 presumed. The full extent of the immunity provided in this
4 subsection (b) shall apply to any person, institution or
5 agency that fails to make a report or disclosure in the good
6 faith belief that the report or disclosure would violate
7 federal regulations governing the confidentiality of alcohol
8 and drug abuse patient records implementing 42 U.S.C. 290dd-3
9 and 290ee-3.
10 For purposes of this subsection (b) only, the following
11 terms shall have the meaning prescribed:
12 (1) "Hospital" means only that type of institution
13 which is providing full-time residential facilities and
14 treatment for in-patients and excludes institutions, such
15 as community clinics, which only provide treatment to
16 out-patients.
17 (2) "Patient" shall mean only a person who is an
18 in-patient or resident of any hospital, not an
19 out-patient or client seen solely for periodic
20 consultation.
21 (c) Upon the request of a peace officer who takes a
22 person into custody and transports such person to a mental
23 health or developmental disability facility pursuant to
24 Section 3-606 or 4-404 of the Mental Health and Developmental
25 Disabilities Code or who transports a person from such
26 facility, a facility director shall furnish said peace
27 officer the name, address, age and name of the nearest
28 relative of the person transported to or from the mental
29 health or developmental disability facility. In no case
30 shall the facility director disclose to the peace officer any
31 information relating to the diagnosis, treatment or
32 evaluation of the person's mental or physical health.
33 For the purposes of this subsection (c), the terms
34 "mental health or developmental disability facility", "peace
-36- LRB9002180WHmg
1 officer" and "facility director" shall have the meanings
2 ascribed to them in the Mental Health and Developmental
3 Disabilities Code.
4 (d) Upon the request of a peace officer or prosecuting
5 authority who is conducting a bona fide investigation of a
6 criminal offense, or attempting to apprehend a fugitive from
7 justice, a facility director may disclose whether a person is
8 present at the facility. The requesting peace officer or
9 prosecuting authority must furnish a case number and the
10 purpose of the investigation or an outstanding arrest warrant
11 at the time of the request. Any person, institution, or
12 agency participating in good faith in disclosing such
13 information in accordance with this subsection (d) is immune
14 from any liability, civil, criminal or otherwise, that might
15 result by reason of the action.
16 (Source: P.A. 89-507, eff. 7-1-97.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law, except that the provisions repealing the
19 Community Residential Alternatives Licensing Act and the
20 provisions adding Section 11 to the Community-Integrated
21 Living Arrangements Licensure and Certification Act take
22 effect on July 1, 1997.
-37- LRB9002180WHmg
1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 1705/4.2 from Ch. 91 1/2, par. 100-4.2
4 20 ILCS 1705/15 from Ch. 91 1/2, par. 100-15
5 20 ILCS 1705/43 from Ch. 91 1/2, par. 100-43
6 20 ILCS 1705/54 from Ch. 91 1/2, par. 100-54
7 20 ILCS 1705/7.1 rep.
8 210 ILCS 135/11 new
9 210 ILCS 140/Act rep.
10 740 ILCS 110/11 from Ch. 91 1/2, par. 811
11 740 ILCS 110/12 from Ch. 91 1/2, par. 812