LANG-FANTIN-HOLBROOK AND BUGIELSKI. (RADOGNO-SMITH) 20 ILCS 1705/4.3 from Ch. 91 1/2, par. 100-4.3 Amends the Department of Mental Health and Developmental Disabilities Act. Provides that facilities under the jurisdiction of the Department of Mental Health and Developmental Disabilities (transferred to the Dept. of Human Services on July 1, 1997) shall be subject to a site audit at least once during each 12-month period by the Department (now each biennium by the Citizens Council on Mental Health and Developmental Disabilities). Provides that the visit shall determine compliance with the statutes and Department policies and procedures (now Department policies and procedures). Provides that visits shall be made to review and follow up on complaints made by legislators, mental health agencies and advocates (now mental health agencies and advocates). Provides that non-profit advocacy organiza- tions shall have access to all facilities. Effective immediately. HOUSE AMENDMENT NO. 1. Deletes provisions concerning access to facilities by non-profit advocacy organizations. Provides instead that 3 non-profit organizations, certified by the Auditor General, shall have access to State-operated facilities to conduct an independent assessment of the facilities. Provides that access to the facilities shall exclude patient records unless the recipient has permitted the examination of his or her records under the Mental Health and Developmental Disabilities Code. Provides that reports of the assessment shall be provided to the Department of Mental Health and Developmental Disabilities (or the Department of Human Services on and after July 1, 1997), the Speaker of the House of Representatives, the President of the Senate, and others that the organizations may determine. Provides that the assessments shall be conducted by the organizations at no charge. Contains other provisions. FISCAL NOTE, AMENDED (DMHDD) There is no added direct cost to DMHDD (DHS). STATE MANDATES FISCAL NOTE, AMENDED In the opinion DCCA, HB 540 fails to create a State Mandate under the State Mandates Act. HOUSE AMENDMENT NO. 2. Further amends the Department of Mental Health and Developmental Disabilities Act. Provides that certified organizations shall have access to all the State-operated facilities (now facilities). Provides that the access excludes patient records unless the recipient has permitted the examination of his or her records under the Mental Health and Developmental Disabilities Confidentiality Act (now the Mental Health and Developmental Disabilities Code). Includes the Minority Leader of the Senate and the Minority Leader of the House of Representatives in the list of persons who will receive reports of the assessment conducted by the certified organizations. SENATE AMENDMENT NO. 1. Provides that certified organizations having access to mental health facilities shall comply with all statutory and regulatory provisions governing recipients' rights, confidentiality, privacy, and safety. Provides that the Department of Mental Health and Developmental Disabilities (after July 1, 1997, the Department of Human Services) shall not deny certifications due to a disagreement by the Department with positions taken by the organizations with regard to public policy, legislation, regulation, or litigation concerning mental health services, the operation of, or the quality of care provided by the Department or any mental health provider. SENATE AMENDMENT NO. 2. Provides that the Auditor General shall certify at least (now not more than) 3 organizations to have access to all State-operated mental health facilities. GOVERNOR'S AMENDATORY VETO MESSAGE Recommends providing that: the Inspector General (instead of the Auditor General) shall certify non-profit organizations to conduct assessments of State-operated facilities; the Department of Human Services shall adopt rules governing the organization's access to facilities; if the Inspector General is conducting an investigation of a facility, an organization shall defer its review until after the investigation is completed; an organization may not be denied certi- fication or access due to a disagreement by the Department with the organization's position with regard to public policy, legislation, or regulation (instead of public policy, legislation, regulation, or litigation); an organization suing the Department, using visits to assist litigants, or failing to comply with guidelines imposed by the facility or rules governing access to the facility shall have its certification revoked. 97-02-05 H FIRST READING 97-02-05 H REFERRED TO HOUSE RULES COMMITTEE RULES 97-02-10 H ASSIGNED TO COMMITTEE HUMAN SERVS 97-02-27 H AMENDMENT NO. 01-HUMAN SERVS H 97-02-27 H ADOPTED 97-02-27 H DO PASS AMENDED/SHORT DEBATE 011-000-000 HHSV 97-02-27 H FISCAL NOTE REQUESTED AS AMENDED/ZICKUS 97-02-27 H STATE MANDATES FISCAL NOTE REQUESTED AS AMENDED/ZICKUS 97-02-27 H PLACED CALENDAR 2ND READING-SHORT DEBATE 97-02-28 H AMENDMENT NO. 02-LANG 97-02-28 H AMENDMENT REFERRED TO HRUL 97-02-28 H CALENDAR ORDER 2ND READING-SHORT DEBATE 97-03-04 H FISCAL NOTE FILED AS AMENDED 97-03-04 H STATE MANDATES FISCAL NOTE FILED AS AMENDED 97-03-04 H CALENDAR ORDER 2ND READING-SHORT DEBATE 97-03-04 H ADDED AS A CO-SPONSOR BUGIELSKI 97-03-05 H SECOND READING-SHORT DEBATE 97-03-05 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 97-03-06 H AMENDMENT NO. 02-LANG 97-03-06 H BE ADOPTED HRUL 97-03-06 H CALENDAR ORDER 3RD READING-SHORT DEBATE 97-04-08 H RECALLED TO SECOND READING-SHORT DEBATE 97-04-08 H AMENDMENT NO. 02-LANG 97-04-08 H ADOPTED 97-04-08 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 97-04-08 H THIRD READING/SHORT DEBATE/PASSED 115-000-000 97-04-08 H ADDED AS A JOINT SPONSOR FANTIN 97-04-09 S ARRIVE IN SENATE 97-04-09 S PLACED CALENDAR ORDER OF FIRST READING 97-04-10 97-04-10 S CHIEF SPONSOR RADOGNO 97-04-10 S FIRST READING 97-04-10 S REFERRED TO SENATE RULES COMMITTEE RULES 97-04-17 S ASSIGNED TO COMMITTEE PUBLIC HEALTH 97-04-21 S ADDED AS A CHIEF CO-SPONSOR SMITH 97-04-23 S POSTPONED 97-04-29 S AMENDMENT NO. 01-PUB HEALTH S 97-04-29 S ADOPTED 97-04-29 S AMENDMENT NO. 02-PUB HEALTH S 97-04-29 S ADOPTED 97-04-29 S DO PASS AS AMENDED 009-000-000 SPBH 97-04-29 S PLACED ON CALENDAR ORDER OF 2ND READING 97-04-30 97-04-30 S SECOND READING 97-04-30 S PLACED ON CALENDAR ORDER OF 3RD READING 97-05-01 97-05-08 S ADDED AS A CO-SPONSOR SHAW 97-05-08 S ADDED AS A CO-SPONSOR TROTTER 97-05-08 S THIRD READING - PASSED 051-000-003 97-05-08 H ARRIVE IN HOUSE 97-05-08 H PLACED ON CALENDAR ORDER OF CONCURRENCE 01,02 97-05-16 H ADDED AS A CO-SPONSOR HOLBROOK 97-05-17 H MOTION FILED CONCUR 01,02/LANG 97-05-17 H REFERRED TO RULES COMMITTEE/RULE 75(A) 01,02 97-05-17 H PLACED ON CALENDAR ORDER OF CONCURRENCE 01,02 97-05-19 H BE APPROVED FOR CONSIDERATION 01,02/003-002-000 97-05-19 H PLACED ON CALENDAR ORDER OF CONCURRENCE 01,02 97-05-21 H HSE CONCURS IN SEN AMENDMENTS (NO.) 01,02/118-000-000 97-05-21 H PASSED BOTH HOUSES 97-06-19 H SENT TO THE GOVERNOR 97-08-16 H GOVERNOR AMENDATORY VETO 97-08-16 H PLACED CALENDAR AMENDATORY VETO OCTOBER 28, 1997 97-10-22 H MOTION FILED ACCEPT AMENDATORY VETO #1/LANG 97-10-22 H MOTION REFERRED TO HRUL 97-10-22 H MOTION FILED OVERRIDE AMENDATORY VETO #2/LANG 97-10-22 H PLACED CALENDAR AMENDATORY VETO OCTOBER 28, 1997 97-10-30 H 3/5 VOTE REQUIRED 97-10-30 H OVERRIDE AMENDATORY VETO - HOUSE LOST #2/058-056-002 97-10-30 H PLACED CALENDAR AMENDATORY VETO 97-10-30 H BILL DEAD-AMENDATORY VETO END OF INQUIRY Full Text Bill Summary