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Public Act 099-0479 | ||||
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AN ACT concerning State government.
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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 Section | ||||
7.1 as follows:
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(20 ILCS 1705/7.1) (from Ch. 91 1/2, par. 100-7.1)
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Sec. 7.1.
For the purposes of this Section 7.1, | ||||
"Department" means the Department of Healthcare and Family | ||||
Services. To assist families in seeking intensive | ||||
community-based services or residential placement for to place | ||||
children with mental illness, for whom
no appropriate care is | ||||
available in State-operated Department facilities, in licensed | ||||
private
facilities, the Department shall supplement the amount | ||||
a family is able to pay,
as determined by the Department and | ||||
the amount available from other sources,
provided the | ||||
Department's share shall not exceed a uniform maximum rate to | ||||
be
determined from time to time by the Department. The | ||||
Department may exercise the authority under this Section as is | ||||
necessary to implement the provisions of Section 5-5.23 of the | ||||
Illinois Public Aid Code and to administer Individual Care | ||||
Grants. The Department shall work collaboratively with | ||||
stakeholders and family representatives in the implementation |
of this Section.
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(Source: P.A. 88-380.)
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Section 10. The Illinois Public Aid Code is amended by | ||
changing Section 5-5.23 as follows:
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(305 ILCS 5/5-5.23)
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Sec. 5-5.23. Children's mental health services.
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(a) The Department of Healthcare and Family Services, by | ||
rule, shall require the screening and
assessment of
a child | ||
prior to any Medicaid-funded admission to an inpatient hospital | ||
for
psychiatric
services to be funded by Medicaid. The | ||
screening and assessment shall include a
determination of the | ||
appropriateness and availability of out-patient support
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services
for necessary treatment. The Department, by rule, | ||
shall establish methods and
standards of payment for the | ||
screening, assessment, and necessary alternative
support
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services.
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(b) The Department of Healthcare and Family Services, to | ||
the extent allowable under federal law,
shall secure federal | ||
financial participation for Individual Care Grant
expenditures | ||
made
by the Department of Healthcare and Family Human Services | ||
for the Medicaid optional service
authorized under
Section | ||
1905(h) of the federal Social Security Act, pursuant to the | ||
provisions
of Section
7.1 of the Mental Health and | ||
Developmental Disabilities Administrative Act. The
Department |
of Healthcare and Family Services may exercise the
authority | ||
under this Section as is necessary to administer
Individual | ||
Care Grants as authorized under Section 7.1 of the
Mental | ||
Health and Developmental Disabilities Administrative
Act.
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(c) The Department of Healthcare and Family Services shall | ||
work collaboratively with the Department of Children and Family
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Services and the Division of Mental Health of jointly with the | ||
Department of
Human Services to implement subsections (a) and | ||
(b).
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(d) On and after July 1, 2012, the Department shall reduce | ||
any rate of reimbursement for services or other payments or | ||
alter any methodologies authorized by this Code to reduce any | ||
rate of reimbursement for services or other payments in | ||
accordance with Section 5-5e. | ||
(e) All rights, powers, duties, and responsibilities | ||
currently exercised by the Department of Human Services related | ||
to the Individual Care Grant program are transferred to the | ||
Department of Healthcare and Family Services with the transfer | ||
and transition of the Individual Care Grant program to the | ||
Department of Healthcare and Family Services to be completed | ||
and implemented within 6 months after the effective date of | ||
this amendatory Act of the 99th General Assembly. For the | ||
purposes of the Successor Agency Act, the Department of | ||
Healthcare and Family Services is declared to be the successor | ||
agency of the Department of Human Services, but only with | ||
respect to the functions of the Department of Human Services |
that are transferred to the Department of Healthcare and Family | ||
Services under this amendatory Act of the 99th General | ||
Assembly. | ||
(1) Each act done by the Department of Healthcare and | ||
Family Services in exercise of the transferred powers, | ||
duties, rights, and responsibilities shall have the same | ||
legal effect as if done by the Department of Human Services | ||
or its offices. | ||
(2) Any rules of the Department of Human Services that | ||
relate to the functions and programs transferred by this | ||
amendatory Act of the 99th General Assembly that are in | ||
full force on the effective date of this amendatory Act of | ||
the 99th General Assembly shall become the rules of the | ||
Department of Healthcare and Family Services. All rules | ||
transferred under this amendatory Act of the 99th General | ||
Assembly are hereby amended such that the term "Department" | ||
shall be defined as the Department of Healthcare and Family | ||
Services and all references to the "Secretary" shall be | ||
changed to the "Director of Healthcare and Family Services | ||
or his or her designee". As soon as practicable hereafter, | ||
the Department of Healthcare and Family Services shall | ||
revise and clarify the rules to reflect the transfer of | ||
rights, powers, duties, and responsibilities affected by | ||
this amendatory Act of the 99th General Assembly, using the | ||
procedures for recodification of rules available under the | ||
Illinois Administrative Procedure Act, except that |
existing title, part, and section numbering for the | ||
affected rules may be retained. The Department of | ||
Healthcare and Family Services, consistent with its | ||
authority to do so as granted by this amendatory Act of the | ||
99th General Assembly, shall propose and adopt any other | ||
rules under the Illinois Administrative Procedure Act as | ||
necessary to administer the Individual Care Grant program. | ||
These rules may include, but are not limited to, the | ||
application process and eligibility requirements for | ||
recipients. | ||
(3) All unexpended appropriations and balances and | ||
other funds available for use in connection with any | ||
functions of the Individual Care Grant program shall be | ||
transferred for the use of the Department of Healthcare and | ||
Family Services to operate the Individual Care Grant | ||
program. Unexpended balances shall be expended only for the | ||
purpose for which the appropriation was originally made. | ||
The Department of Healthcare and Family Services shall | ||
exercise all rights, powers, duties, and responsibilities | ||
for operation of the Individual Care Grant program. | ||
(4) Existing personnel and positions of the Department | ||
of Human Services pertaining to the administration of the | ||
Individual Care Grant program shall be transferred to the | ||
Department of Healthcare and Family Services with the | ||
transfer and transition of the Individual Care Grant | ||
program to the Department of Healthcare and Family |
Services. The status and rights of Department of Human | ||
Services employees engaged in the performance of the | ||
functions of the Individual Care Grant program shall not be | ||
affected by this amendatory Act of the 99th General | ||
Assembly. The rights of the employees, the State of | ||
Illinois, and its agencies under the Personnel Code and | ||
applicable collective bargaining agreements or under any | ||
pension, retirement, or annuity plan shall not be affected | ||
by this amendatory Act of the 99th General Assembly. All | ||
transferred employees who are members of collective | ||
bargaining units shall retain their seniority, continuous | ||
service, salary, and accrued benefits. | ||
(5) All books, records, papers, documents, property | ||
(real and personal), contracts, and pending business | ||
pertaining to the powers, duties, rights, and | ||
responsibilities related to the functions of the | ||
Individual Care Grant program, including, but not limited | ||
to, material in electronic or magnetic format and necessary | ||
computer hardware and software, shall be delivered to the | ||
Department of Healthcare and Family Services; provided, | ||
however, that the delivery of this information shall not | ||
violate any applicable confidentiality constraints. | ||
(6) Whenever reports or notices are now required to be
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made or given or papers or documents furnished or served by | ||
any person to or upon the Department of Human Services in | ||
connection with any of the functions transferred by this |
amendatory Act of the 99th General Assembly, the same shall | ||
be made, given, furnished, or served in the same manner to | ||
or upon the Department of Healthcare and Family Services. | ||
(7) This amendatory Act of the 99th General Assembly | ||
shall not affect any act done, ratified, or canceled or any | ||
right occurring or established or any action or proceeding | ||
had or commenced in an administrative, civil, or criminal | ||
cause regarding the Department of Human Services before the | ||
effective date of this amendatory Act of the 99th General | ||
Assembly; and those actions or proceedings may be defended, | ||
prosecuted, and continued by the Department of Human | ||
Services. | ||
(f) The Individual Care Grant program shall be inoperative | ||
during the calendar year in which implementation begins of any | ||
remedies in response to litigation against the Department of | ||
Healthcare and Family Services related to children's | ||
behavioral health and the general status of children's | ||
behavioral health in this State. Individual Care Grant | ||
recipients in the program the year it becomes inoperative shall | ||
continue to remain in the program until it is clinically | ||
appropriate for them to step down in level of care. | ||
(Source: P.A. 97-689, eff. 6-14-12.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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