90th General Assembly
Status of HB0540
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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 



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