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92_HB4170eng HB4170 Engrossed LRB9211305DJgc 1 AN ACT in relation to mental health. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Community Mental Health Act is amended by 5 changing Section 3e as follows: 6 (405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e) 7 Sec. 3e. Board's powers and duties. 8 (1) Every community mental health board shall, 9 immediately after appointment, meet and organize, by the 10 election of one of its number as president and one as 11 secretary and such other officers as it may deem necessary. 12 It shall make rules and regulations concerning the rendition 13 or operation of services and facilities which it directs, 14 supervises or funds, not inconsistent with the provisions of 15 this Act or with the rules and regulations of the Department 16 of Human Services. It shall: 17 (a) Hold a meeting prior to July 1 of each year at 18 which officers shall be elected for the ensuing year 19 beginning July 1; 20 (b) Hold meetings at least quarterly; 21 (c) Hold special meetings upon a written request 22 signed by at least 2 members and filed with the 23 secretary; 24 (d) Review and evaluate community mental health 25 services and facilities, including services and 26 facilities for the treatment of alcoholism, drug 27 addiction, developmental disabilities and mental 28 retardation; 29 (e) Submit to the appointing officer, the members 30 of the governing body, the Department of Human Services, 31 and the Health Systems Agency a written plan for a HB4170 Engrossed -2- LRB9211305DJgc 1 program of community mental health services and 2 facilities including programs for persons adjudicated 3 delinquent minors under the Juvenile Court Act or the 4 Juvenile Court Act of 1987 who are found to be persons 5 with mental illness, for persons with a developmental 6 disability and for the substance abuser. Such plan shall 7 be for the ensuing 12 month period. In addition, a plan 8 shall be developed for the ensuing 3 year period and such 9 plan shall be reviewed at the end of every 12 month 10 period and shall be modified as deemed advisable. The 11 basic components of such plans shall be consistent with 12 the regulations of the Department of Human Services. 13 (f) Within amounts appropriated therefor, execute 14 such programs and maintain such services and facilities 15 as may be authorized under such appropriations, including 16 amounts appropriated under bond issues, if any; 17 (g) The board shall cause the publication of its 18 annual budget and report within 60 days after the end of 19 the fiscal year in a newspaper published within the 20 jurisdiction of the board, or, if no newspaper is 21 published within the jurisdiction of the board, then one 22 published in the county, or, if no newspaper is published 23 in the county, then in a newspaper having general 24 circulation within the jurisdiction of the board. The 25 report shall show the condition of its trust of that 26 year, the sums of money received from all sources, giving 27 the name of any donor, how all monies have been expended 28 and for what purpose, and such other statistics and 29 program information in regard to the work of the board as 30 it may deem of general interest. A copy of the budget 31 and the annual report shall also be sent to the 32 Department of Human Services and to the regional Health 33 Systems Agency and to members of the General Assembly 34 whose districts include any part of the jurisdiction of HB4170 Engrossed -3- LRB9211305DJgc 1 such board. The names of all employees, consultants, and 2 other personnel shall be set forth along with the amounts 3 of money received; 4 (h) Consult with other appropriate local private 5 and public agencies and the Department of Human Services 6 in the development of local plans for the most efficient 7 delivery of mental health, alcoholism and substance abuse 8 services. The Board is authorized to join and to 9 participate in the activities of associations organized 10 for the purpose of promoting more efficient and effective 11 services and programs; 12 (i) Review and comment on all applications for 13 grants by any person, corporation, or governmental unit 14 providing services within the geographical area of the 15 board which provides mental health facilities and 16 services, when such facilities and services are included 17 in the board's one-year and 3-year plans, including 18 services for the person with a developmental disability 19 and the substance abuser. Grant applicants shall send a 20 copy of their grant application to the board at the time 21 such application is submitted to the Department of Human 22 Services or to any other local, State or federal funding 23 source or governmental agency. Within 60 days of the 24 receipt of any application, the board shall submit its 25 review and comments to the Department of Human Services 26 or to any other appropriate local, State or federal 27 funding source or governmental agency. A copy of the 28 review and comments shall be submitted both to the grant 29 applicant and to the regional Health Systems Agency. 30 Within 60 days thereafter, the Department of Human 31 Services or any other appropriate local or State 32 governmental agency shall issue a written response to the 33 board, to the grant applicant and to the federal Health 34 Systems Agency. The Department of Human Services shall HB4170 Engrossed -4- LRB9211305DJgc 1 supply any community mental health board such information 2 about purchase-of-care funds, State facility utilization, 3 and costs in its geographical area as the board may 4 request provided that the information requested is for 5 the purpose of the Community Mental Health Board 6 complying with the requirements of Section 3e, subsection 7 (e) of this Act; 8 (j) Perform such other acts as may be necessary or 9 proper to carry out the purposes of this Act, if not 10 inconsistent with the regulations of the Department of 11 Human Services. 12 (2) The community mental health board has the following 13 powersmay: 14 (a) The board may enter into multiple-year 15 contracts for rendition or operation of services, 16 facilities and educational programs.;17 (b) The board may arrange for the rendition of 18 services and operation of facilities by other agencies of 19 the governmental unit or county in which the governmental 20 unit is located with the approval of the governing body.;21 (c) The board may employ such personnel, including 22 legal counsel, as may be necessary to carry out the 23 purposes of this Act and prescribe the duties of and 24 establish salaries and provide other compensation for 25 such personnel. The board may enter into multiple-year 26 employment contracts as may be necessary for the 27 recruitment and retention of personnel and the proper 28 functioning of the board.;29 (d) The board may enter into multiple-year joint 30 agreements, which shall be written, with other contiguous 31 mental health boards and boards of health to provide 32 jointly agreed upon community mental health facilities 33 and services and to pool such funds as may be deemed 34 necessary and available for this purpose. HB4170 Engrossed -5- LRB9211305DJgc 1 (e) The board may organize a not-for-profit 2 corporation for the purpose of providing direct recipient 3 services. Such corporations shall have, in addition to 4 all other lawful powers, the power to contract with 5 persons to furnish services for recipients of the 6 corporation's facilities, including psychiatrists and 7 other physicians licensed in this State to practice 8 medicine in all of its branches. Such physicians shall 9 be considered independent contractors, and liability for 10 any malpractice shall not extend to such corporation, nor 11 to the community mental health board, except for gross 12 negligence in entering into such a contract. 13 (f) The board shall not operate any direct 14 recipient services for more than a 2-year period when 15 such services are being provided in the governmental 16 unit, but shall encourage, by financial support, the 17 development of private agencies to deliver such needed 18 services, pursuant to regulations of the board. 19 (g) Where there are multiple boards within the same 20 planning area, as established by the Department of Human 21 Services, services may be purchased through a single 22 delivery system. In such areas, a coordinating body with 23 representation from each board shall be established to 24 carry out the service functions of this Act. In the event 25 any such coordinating body purchases or improves real 26 property, such body shall first obtain the approval of 27 the governing bodies of the governmental units in which 28 the coordinating body is located. 29 (h) The board may enter into multiple-year joint 30 agreements with other governmental units located within 31 the geographical area of the board. Such agreements 32 shall be written and shall provide for the rendition of 33 services by the board to the residents of such 34 governmental units.For this purpose, the board isHB4170 Engrossed -6- LRB9211305DJgc 1authorized to accept local tax funds and funds made2available to units of government through the Federal,3State and Local Fiscal Assistance Act of 1972.4 (i) The board may enter into multiple-year joint 5 agreements with the Department of Human Services whereby 6 the board will provide certain services, the costs of 7 which shall be negotiated between the Department and the 8 board. This provision shall not be construed to limit 9 the authority of the board to contract with other 10 federal, State and local agencies. All such joint 11 agreements must provide for the exchange of relevant 12 data. However, nothing in this Act shall be construed to 13 permit the abridgement of the confidentiality of patient 14 records.;15 (j) The board may receive gifts from private 16 sources for purposes not inconsistent with the provisions 17 of this Act.;18 (k) The board may receive Federal, State and local 19 funds for purposes not inconsistent with the provisions 20 of this Act.;21 (l) The board may establish scholarship programs. 22 Such programs shall require equivalent service or 23 reimbursement pursuant to regulations of the board. 24 (m) The board may sell, rent, or lease real 25 property for purposes consistent with this Act. 26 (n) The board may: (i) own real property, lease 27 real property as lessee, or acquire real property by 28 purchase, construction, lease-purchase agreement, or 29 otherwise; (ii) take title to the property in the board's 30 name; (iii) borrow money and issue debt instruments, 31 mortgages, purchase-money mortgages, and other security 32 instruments with respect to the property; and (iv) 33 maintain, repair, remodel, or improve the property. All 34 of these activities must be for purposes consistent with HB4170 Engrossed -7- LRB9211305DJgc 1 this Act as may be reasonably necessary for the housing 2 and proper functioning of the board. The board may use 3 moneys in the Community Mental Health Fund for these 4 purposes.Within amounts appropriated by the governing5body for such purpose, own or purchase real property for6purposes consistent with this Act and borrow money not to7exceed the real value of the property.8 (o) The board may organize a not-for-profit 9 corporation (i) for the purpose of raising money to be 10 distributed by the board for providing community mental 11 health services and facilities for the treatment of 12 alcoholism, drug addiction, developmental disabilities, 13 and mental retardation or (ii) for other purposes not 14 inconsistent with this Act. 15 (Source: P.A. 88-380; 89-507, eff. 7-1-97.) 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.