Illinois General Assembly - Full Text of Public Act 097-0529
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Public Act 097-0529





Public Act 097-0529
SB1623 EnrolledLRB097 08881 KTG 49011 b

    AN ACT concerning health.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Mental Health and Developmental
Disabilities Administrative Act is amended by adding Section 73
as follows:
    (20 ILCS 1705/73 new)
    Sec. 73. Report; Williams v. Quinn consent decree.
    (a) Annual Report.
        (1) No later that December 31, 2011, and on December
    31st of each of the following 4 years, the Department of
    Human Services shall prepare and submit an annual report to
    the General Assembly concerning the implementation of the
    Williams v. Quinn consent decree and other efforts to move
    persons with mental illnesses from institutional settings
    to community-based settings. This report shall include:
            (A) The number of persons who have been moved from
        long-term care facilities to community-based settings
        during the previous year and the number of persons
        projected to be moved during the next year.
            (B) Any implementation or compliance reports
        prepared by the State for the Court or the
        court-appointed monitor in Williams v. Quinn.
            (C) Any reports from the court-appointed monitor
        or findings by the Court reflecting the Department's
        compliance or failure to comply with the Williams v.
        Quinn consent decree and any other order issued during
        that proceeding.
            (D) Statistics reflecting the number and types of
        community-based services provided to persons who have
        been moved from long-term care facilities to
        community-based settings.
            (E) Any additional community-based services which
        are or will be needed in order to ensure maximum
        community integration as provided for by the Williams
        v. Quinn consent decree, and the Department's plan for
        providing these services.
            (F) Any and all costs associated with
        transitioning residents from institutional settings to
        community-based settings, including, but not limited
        to, the cost of residential services, the cost of
        outpatient treatment, and the cost of all community
        support services facilitating the community-based
        (2) The requirement for reporting to the General
    Assembly shall be satisfied by filing copies of the report
    with the Speaker, Minority Leader, and Clerk of the House
    of Representatives; the President, Minority Leader, and
    Secretary of the Senate; and the Legislative Research Unit,
    as required by Section 3.1 of the General Assembly
    Organization Act, and by filing additional copies with the
    State Government Report Distribution Center for the
    General Assembly as required under paragraph (t) of Section
    7 of the State Library Act.
    (b) Department rule. The Department of Human Services shall
draft and promulgate a new rule governing community-based
residential settings. The new rule for community-based
residential settings shall include settings that offer to
persons with serious mental illness (i) community-based
residential recovery-oriented mental health care, treatment,
and services; and (ii) community-based residential mental
health and co-occurring substance use disorder care,
treatment, and services.
    Community-based residential settings shall honor a
consumer's choice as well as a consumer's right to live in the:
        (1) Least restrictive environment.
        (2) Most appropriate integrated setting.
        (3) Least restrictive environment and most appropriate
    integrated setting designed to assist the individual in
    living in a safe, appropriate, and therapeutic
        (4) Least restrictive environment and most appropriate
    integrated setting that affords the person the opportunity
    to live similarly to persons without serious mental
    The new rule for community-based residential settings
shall be drafted in such a manner as to delineate
State-supported care, treatment, and services appropriately
governed within the new rule, and shall continue eligibility
for eligible individuals in programs governed by Title 59, Part
132 of the Illinois Administrative Code. The Department shall
draft a new rule for community-based residential settings by
January 1, 2012. The new rule must include, but shall not be
limited to, standards for:
        (i) Administrative requirements.
        (ii) Monitoring, review, and reporting.
        (iii) Certification requirements.
        (iv) Life safety.
    (c) Study of housing and residential services. By no later
than October 1, 2011, the Department shall conduct a statewide
study to assess the existing types of community-based housing
and residential services currently being provided to
individuals with mental illnesses in Illinois. This study shall
include State-funded and federally funded housing and
residential services. The results of this study shall be used
to inform the rulemaking process outlined in subsection (b).
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2011