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Public Act 096-0660 |
HB0751 Enrolled |
LRB096 05755 DRJ 15826 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Mental Health and Developmental |
Disabilities Administrative Act is amended by changing |
Sections 18.4 and 18.5 as follows:
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(20 ILCS 1705/18.4)
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Sec. 18.4. Community Mental Health Medicaid Trust Fund; |
reimbursement.
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(a) The Community Mental Health Medicaid Trust Fund is |
hereby created
in the State Treasury.
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(b) Amounts
paid to the State during each State fiscal year |
by the federal government under Title XIX
or Title XXI of the |
Social Security Act for services delivered by community
mental |
health providers, and any interest earned thereon, shall be
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deposited as follows: |
(1) The first $75,000,000 shall be deposited directly |
into the Community Mental Health Medicaid Trust Fund to be |
used for the purchase of community mental health services; |
(2) The next $4,500,000 shall be deposited directly |
into the Community Mental Health Medicaid Trust Fund to be |
used by the Department of Human Services' Division of |
Mental Health for the oversight and administration of |
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community mental health services and up to $1,000,000 of |
this amount may be used for support of community mental |
health service initiatives; |
(3) The next $3,500,000 shall be deposited directly |
into the General Revenue Fund;
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(4) Any additional amounts shall be deposited into the |
Community Mental Health Medicaid Trust Fund to be used for |
the purchase of community mental health services.
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(b-5) Whenever a State mental health facility operated by |
the Department is closed and the real estate on which the |
facility is located is sold by the State, the net proceeds of |
the sale of the real estate shall be deposited into the |
Community Mental Health Medicaid Trust Fund. |
(c) The Department shall reimburse community mental health
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providers for
services provided to eligible
individuals. |
Moneys in the Community Mental Health Medicaid Trust Fund may |
be
used for that purpose.
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(d) As used in this Section:
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"Community mental health provider" means a community |
agency that is funded by the Department to
provide a service.
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"Service" means a mental health service
provided pursuant |
to the provisions of administrative rules adopted by the |
Department and funded by the Department of Human Services' |
Division of Mental Health.
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(Source: P.A. 94-58, eff. 6-17-05; 94-839, eff. 6-6-06; 95-707, |
eff. 1-11-08.)
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(20 ILCS 1705/18.5) |
Sec. 18.5. Community Developmental Disability Services |
Medicaid Trust Fund; reimbursement. |
(a) The Community Developmental Disability Services |
Medicaid Trust Fund is hereby created in the State treasury.
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(b) Except as provided in subsection (b-5), any funds in |
excess of $16,700,000 in any fiscal year paid to the State by |
the federal government under Title XIX or Title XXI of the |
Social Security Act for services delivered by community |
developmental disability services providers for services |
relating to Developmental Training and Community Integrated |
Living Arrangements as a result of the conversion of such |
providers from a grant payment methodology to a fee-for-service |
payment methodology, or any other funds paid to the State for |
any subsequent revenue maximization initiatives performed by |
such providers, and any interest earned thereon, shall be |
deposited directly into the Community Developmental Disability |
Services Medicaid Trust Fund. One-third of this amount shall be |
used only to pay for Medicaid-reimbursed community |
developmental disability services provided to eligible |
individuals, and the remainder shall be transferred to the |
General Revenue Fund. |
(b-5) Beginning in State fiscal year 2008, any funds paid |
to the State by the federal government under Title XIX or Title |
XXI of the Social Security Act for services delivered through |
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the Children's Residential Waiver and the Children's In-Home |
Support Waiver shall be deposited directly into the Community |
Developmental Disability Services Medicaid Trust Fund and |
shall not be subject to the transfer provisions of subsection |
(b). |
(b-10) Whenever a State developmental disabilities |
facility operated by the Department is closed and the real |
estate on which the facility is located is sold by the State, |
the net proceeds of the sale of the real estate shall be |
deposited into the Community Developmental Disability Services |
Medicaid Trust Fund. |
(c) For purposes of this Section: |
"Medicaid-reimbursed developmental disability services" |
means services provided by a community developmental |
disability provider under an agreement with the Department that |
is eligible for reimbursement under the federal Title XIX |
program or Title XXI program. |
"Provider" means a qualified entity as defined in the |
State's Home and
Community-Based Services Waiver for Persons |
with Developmental Disabilities that is funded by the |
Department to provide a Medicaid-reimbursed service. |
"Revenue maximization alternatives" do not include |
increases in
funds paid to the State as a result of growth in |
spending through service expansion or
rate increases.
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(Source: P.A. 95-707, eff. 1-11-08.) |
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Section 10. The State Property Control Act is amended by |
changing Section 7.1 as follows:
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(30 ILCS 605/7.1) (from Ch. 127, par. 133b10.1)
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Sec. 7.1.
(a) Except as otherwise provided by law, all |
surplus real
property held by the State of Illinois shall be |
disposed of by the
administrator as provided in this Section. |
"Surplus real property," as
used in this Section, means any |
real property to which the State holds fee
simple title or
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lesser interest, and is vacant, unoccupied or unused and which |
has no
foreseeable use by the owning agency.
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(b) All responsible officers shall submit an Annual Real |
Property
Utilization Report to the Administrator, or annual |
update of such
report, on forms required by the Administrator, |
by October 30 of each year.
The Administrator may require such |
documentation as he deems reasonably
necessary in connection |
with this Report, and shall require that such
Report include |
the following information:
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(1) A legal description of all real property owned by the |
State
under the control of the responsible officer.
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(2) A description of the use of the real property listed |
under (1).
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(3) A list of any improvements made to such real property |
during the
previous year.
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(4) The dates on which the State first acquired its |
interest in such
real property, and the purchase price and |
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source of the funds used to
acquire the property.
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(5) Plans for the future use of currently unused real |
property.
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(6) A declaration of any surplus real property.
On or |
before December 31 of each year the Administrator shall furnish
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copies of each responsible officer's report along with a list |
of surplus
property indexed by legislative district to the |
General Assembly.
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This report shall be filed with the Speaker, the Minority |
Leader and the
Clerk of the House of Representatives and the |
President, the Minority
Leader and the Secretary of the Senate |
and shall be duplicated and made
available to the members of |
the General Assembly for evaluation by such
members for |
possible liquidation of unused public property at public sale.
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(c) Following receipt of the Annual Real Property |
Utilization Report
required under paragraph (b), the |
Administrator shall notify all State
agencies by December 31 of |
all declared surplus real
property. Any State
agency may submit |
a written request to the Administrator, within 60 days
of the |
date of such notification, to have control of surplus real
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property transferred to that agency. Such request must indicate |
the
reason for the transfer and the intended use to be made of |
such surplus
real property. The Administrator may deny any or |
all such requests by a
State agency or agencies if the |
Administrator determines that it is more
advantageous to the |
State to dispose of the surplus real property under
paragraph |
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(d). In case requests for the same surplus real property are
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received from more than one State agency, the Administrator |
shall weigh
the benefits to the State and determine to which |
agency, if any, to
transfer control of such property. The |
Administrator shall coordinate
the use and disposal of State |
surplus real property with any State space
utilization program.
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(d) Any surplus real property which is not transferred to |
the
control of another State agency under paragraph (c) shall |
be disposed of
by the Administrator. No appraisal is required |
if during his initial
survey of surplus real property the |
Administrator determines such
property has a fair market value |
of less than $5,000. If the value of
such property is |
determined by the Administrator in his initial survey
to be |
$5,000 or more, then the Administrator shall obtain 3 |
appraisals
of such real property, one of which shall be |
performed by an appraiser
residing in the county in which said |
surplus real property is located.
The average of these 3 |
appraisals, plus the costs of obtaining the
appraisals, shall |
represent the fair market value of the surplus real
property. |
No surplus real property may be conveyed by the Administrator
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for less than the fair market value. Prior to offering the |
surplus real
property for sale to the public the Administrator |
shall give notice in
writing of the existence and fair market |
value of the surplus real
property to the governing bodies of |
the county and of all cities,
villages and incorporated towns |
in the county in which such real
property is located. Any such |
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governing body may exercise its option to
acquire the surplus |
real property for the fair market value within 60
days of the |
notice. After the 60 day period has passed, the
Administrator |
may sell the surplus real property by public auction
following |
notice of such sale by publication on 3 separate days not less
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than 15 nor more than 30 days prior to the sale in the State |
newspaper
and in a newspaper having general circulation in the |
county in which the
surplus real property is located. The |
Administrator shall post "For
Sale" signs of a conspicuous |
nature on such surplus real property
offered for sale to the |
public. If no acceptable offers for the surplus
real property |
are received, the Administrator may have new appraisals of
such |
property made. The Administrator shall have all power necessary |
to
convey surplus real property under this Section. All moneys |
received
for the sale of surplus real property shall be |
deposited in the General
Revenue Fund, except that: |
(1) Where where moneys expended for the acquisition of |
such
real property were from a special fund which is still |
a special fund in
the State treasury, this special fund |
shall be reimbursed in the amount
of the original |
expenditure and any amount in excess thereof shall be
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deposited in the General Revenue Fund. |
(2) Whenever a State mental health facility operated by |
the Department of Human Services is closed and the real |
estate on which the facility is located is sold by the |
State, the net proceeds of the sale of the real estate |
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shall be deposited into the Community Mental Health |
Medicaid Trust Fund. |
(3) Whenever a State developmental disabilities |
facility operated by the Department of Human Services is |
closed and the real estate on which the facility is located |
is sold by the State, the net proceeds of the sale of the |
real estate shall be deposited into the Community |
Developmental Disability Services Medicaid Trust Fund.
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The Administrator shall have authority to order such |
surveys, abstracts
of title, or commitments for title insurance |
as may, in his reasonable
discretion, be deemed necessary to |
demonstrate to prospective purchasers or
bidders good and |
marketable title in any property offered for sale pursuant
to |
this Section. Unless otherwise specifically authorized by the |
General
Assembly, all conveyances of property made by the |
Administrator shall be by
quit claim deed.
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(e) The Administrator shall submit an annual report on or |
before
February 1 to the Governor and the General Assembly |
containing a
detailed statement of surplus real property either |
transferred or
conveyed under this Section.
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(Source: P.A. 85-315.)
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Section 15. The Community Services Act is amended by adding |
Section 4.6 as follows: |
(405 ILCS 30/4.6 new) |
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Sec. 4.6. Closure and sale of State mental health or |
developmental disabilities facility. |
(a) Whenever a State mental health facility operated by the |
Department of Human Services is closed and the real estate on |
which the facility is located is sold by the State, then, to |
the extent that net proceeds are realized from the sale of that |
real estate, those net proceeds must be directed toward |
providing
other services and supports for persons with mental |
health needs. To that end, those net proceeds shall be |
deposited into the Community Mental Health Medicaid Trust Fund. |
(b) Whenever a State developmental disabilities facility |
operated by the Department of Human Services is closed and the |
real estate on which the facility is located is sold by the |
State, then, to the extent that net proceeds are realized from |
the sale of that real estate, those net proceeds must be |
directed toward providing
other services and supports for |
persons with developmental disabilities needs. To that end, |
those net proceeds shall be deposited into the Community |
Developmental Disability Services Medicaid Trust Fund. |
(c) In determining whether any net proceeds are realized |
from a sale of real estate described in subsection (a) or (b), |
the Division of Developmental Disabilities and the Division of |
Mental Health of the Department of Human Services shall each |
determine the money, if any, that shall be made available to |
ensure that life, safety, and care concerns, including |
infrastructure, are addressed so as to provide for persons with |
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developmental disabilities or mental illness at the remaining |
respective State-operated facilities that will be expected to |
serve the individuals previously served at the closed facility. |
(d) The purposes for which the net proceeds from a sale of |
real estate as provided in this Section may be used include, |
but are not limited to, the following: |
(1) Providing for individuals with developmental |
disabilities and mental health needs the services and |
supports described in subsection (e) of Section 4.4. |
(2) In the case of the closure of a mental health |
facility, the construction of a new facility to serve the |
needs of persons with mental health needs. |
(3) In the case of the closure of a developmental |
disabilities facility, construction of a new facility to |
serve the needs of persons with developmental disabilities |
needs. |
(e) Whenever any net proceeds are realized from a sale of |
real estate as provided in this Section, the Department of |
Human Services shall share and discuss its plan or plans for |
using those net proceeds with advocates, advocacy |
organizations, and advisory groups whose
mission
includes |
advocacy for persons with developmental disabilities or |
persons with
mental
illness.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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