Public Act 90-0423 of the 90th General Assembly
Public Act 90-0423
SB956 Enrolled LRB9002180WHmg
AN ACT to amend certain Acts in relation to mental health
and developmental disabilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Mental Health and
Developmental Disabilities Act (short title changed to
Mental Health and Developmental Disabilities Administrative
Act effective July 1, 1997) is amended by changing Sections
4.2, 15, and 54 as follows:
(20 ILCS 1705/4.2) (from Ch. 91 1/2, par. 100-4.2)
Sec. 4.2. Facility staff. The Department shall describe
and delineate guidelines for each of the facilities it
operates regarding the number and qualifications of the staff
required to carry out prescribed duties. The guidelines shall
be based on consideration of recipient needs as well as
professional and programmatic requirements, including those
established for purposes of national accreditation and for
certification under Titles XVIII and XIX of the federal
Social Security Act. The Department shall utilize those
guidelines in the preparation of its annual plan and shall
include in the plan a report of efforts in management and
budgeting at each facility to achieve staffing targets
established in relation to the guidelines.
(b) As used in this Section, "direct care position"
means any position with the Department in which the job
titles which will regularly or temporarily entail contact
with recipients in the Department's facilities for persons
with a mental illness or a developmental disability.
(c) The Department shall require that each candidate for
employment in a direct care position, as a condition of
employment, shall submit to a fingerprint-based criminal
background investigation to determine whether the candidate
for employment in a direct care position has ever been
charged with a crime and, if so, the disposition of those
charges. This authorization shall indicate the scope of the
inquiry and the agencies which may be contacted. Upon this
authorization, the Director (or, on or after July 1, 1997,
the Secretary) shall request and receive information and
assistance from any federal, State or local governmental
agency as part of the authorized investigation. The
Department of State Police shall provide information
concerning any criminal charges, and their disposition, now
or hereafter filed against a candidate for employment in a
direct care position upon request of the Department when the
request is made in the form and manner required by the
Department of State Police.
Information concerning convictions of a candidate for
employment in a direct care position investigated under this
Section, including the source of the information and any
conclusions or recommendations derived from the information,
shall be provided, upon request, to the candidate for
employment in a direct care position before final action by
the Department on the application. Information on convictions
of a candidate for employment in a direct care position under
this Act shall be provided to the director of the employing
unit, and, upon request, to the candidate for employment in
a direct care position. Any information concerning criminal
charges and the disposition of those charges obtained by the
Department shall be confidential and may not be transmitted
outside the Department, except as required in this Act, and
may not be transmitted to anyone within the Department except
as needed for the purpose of evaluating an application of a
candidate for employment in a direct care position. Only
information and standards which bear a reasonable and
rational relation to the performance of a direct care
position shall be used by the Department. Any employee of
the Department or the Department of State Police receiving
confidential information under this Section who gives or
causes to be given any confidential information concerning
any criminal convictions of a candidate for employment in a
direct care position shall be guilty of a Class A misdemeanor
unless release of the information is authorized by this
Section.
A Department employing unit may hire, on a probationary
basis, any candidate for employment in a direct care
position, authorizing a criminal background investigation
under this Section, pending the result of the investigation.
A candidate for employment in a direct care position shall be
notified before he or she is hired that his or her employment
may be terminated on the basis of criminal background
information obtained by the employing unit.
No person may be employed in a direct care position who
refuses to authorize an investigation as required by this
subsection (c).
(Source: P.A. 86-1013.)
(20 ILCS 1705/15) (from Ch. 91 1/2, par. 100-15)
(Text of Section in effect until July 1, 1997)
Sec. 15. Before any person is released from a facility
operated by the State pursuant to an absolute discharge or a
conditional discharge from hospitalization under this Act,
the facility director of the facility in which such person is
hospitalized shall determine that such person is not
currently in need of hospitalization and:
(a) is able to live independently in the community;
or
(b) requires further oversight and supervisory care
for which arrangements have been made with responsible
relatives or supervised residential program approved by
the Department; or
(c) requires further personal care or general
oversight as defined by the Nursing Home Care Act, for
which placement arrangements have been made with a
suitable family home or other licensed facility approved
by the Department under this Section.
Such determination shall be made in writing and shall
become a part of the facility record of such absolutely or
conditionally discharged person. When the determination
indicates that the condition of the person to be granted an
absolute discharge or a conditional discharge is described
under subparagraph (c) of this Section, the name and address
of the continuing care facility or home to which such person
is to be released shall be entered in the facility record.
Where a discharge from a mental health facility is made under
subparagraph (c), the Department of Mental Health and
Developmental Disabilities shall assign the person so
discharged to an existing community based not-for-profit
agency for participation in day activities suitable to the
person's needs, such as but not limited to social and
vocational rehabilitation, and other recreational,
educational and financial activities unless the community
based not-for-profit agency is unqualified to accept such
assignment. Where the clientele of any not-for-profit agency
increases as a result of assignments under this amendatory
Act of 1977 by more than 3% over the prior year, the
Department shall fully reimburse such agency for the costs of
providing services to such persons in excess of such 3%
increase.
Insofar as desirable in the interests of the former
recipient, the facility, program or home in which the
discharged person is to be placed shall be located in or near
the community in which the person resided prior to
hospitalization or in the community in which the person's
family or nearest next of kin presently reside. Placement of
the discharged person in facilities, programs or homes
located outside of this State shall not be made by the
Department unless there are no appropriate facilities,
programs or homes available within this State. Out-of-state
placements shall be subject to return of recipients so placed
upon the availability of facilities, programs or homes within
this State to accommodate these recipients, except where
placement in a contiguous state results in locating a
recipient in a facility or program closer to the recipient's
home or family. If an appropriate facility or program
becomes available equal to or closer to the recipient's home
or family, the recipient shall be returned to and placed at
the appropriate facility or program within this State.
To place any person who is under a program of the
Department at board in a suitable family home or in such
other facility or program as the Department may consider
desirable. The Department may place in licensed nursing
homes, sheltered care homes, or homes for the aged those
persons whose behavioral manifestations and medical and
nursing care needs are such as to be substantially
indistinguishable from persons already living in such
facilities. Prior to any placement by the Department under
this Section, a determination shall be made by the personnel
of the Department, as to the capability and suitability of
such facility to adequately meet the needs of the person to
be discharged. When specialized programs are necessary in
order to enable persons in need of supervised living to
develop and improve in the community, the Department shall
place such persons only in specialized residential care
facilities which shall meet Department standards including
restricted admission policy, special staffing and programming
for social and vocational rehabilitation, in addition to the
requirements of the appropriate State licensing agency. The
Department shall not place any new person in a facility the
license of which has been revoked or not renewed on grounds
of inadequate programming, staffing, or medical or adjunctive
services, regardless of the pendency of an action for
administrative review regarding such revocation or failure to
renew. Before the Department may transfer any person to a
licensed nursing home, sheltered care home or home for the
aged or place any person in a specialized residential care
facility the Department shall notify the person to be
transferred, or a responsible relative of such person, in
writing, at least 30 days before the proposed transfer, with
respect to all the relevant facts concerning such transfer,
except in cases of emergency when such notice is not
required. If either the person to be transferred or a
responsible relative of such person objects to such transfer,
in writing to the Department, at any time after receipt of
notice and before the transfer, the facility director of the
facility in which the person was a recipient shall
immediately schedule a hearing at the facility with the
presence of the facility director, the person who objected to
such proposed transfer, and a psychiatrist who is familiar
with the record of the person to be transferred. Such person
to be transferred or a responsible relative may be
represented by such counsel or interested party as he may
appoint, who may present such testimony with respect to the
proposed transfer. Testimony presented at such hearing shall
become a part of the facility record of the
person-to-be-transferred. The record of testimony shall be
held in the person-to-be-transferred's record in the central
files of the facility. If such hearing is held a transfer may
only be implemented, if at all, in accordance with the
results of such hearing. Within 15 days after such hearing
the facility director shall deliver his findings based on the
record of the case and the testimony presented at the
hearing, by registered or certified mail, to the parties to
such hearing. The findings of the facility director shall be
deemed a final administrative decision of the Department. For
purposes of this Section, "case of emergency" means those
instances in which the health of the person to be transferred
is imperiled and the most appropriate mental health care or
medical care is available at a licensed nursing home,
sheltered care home or home for the aged or a specialized
residential care facility.
Prior to placement of any person in a facility under this
Section the Department shall ensure that an appropriate
training plan for staff is provided by the facility. Said
training may include instruction and demonstration by
Department personnel qualified in the area of mental illness
or mental retardation, as applicable to the person to be
placed. Training may be given both at the facility from which
the recipient is transferred and at the facility receiving
the recipient, and may be available on a continuing basis
subsequent to placement. In a facility providing services to
former Department recipients, training shall be available as
necessary for facility staff. Such training will be on a
continuing basis as the needs of the facility and recipients
change and further training is required.
The Department shall not place any person in a facility
which does not have appropriately trained staff in sufficient
numbers to accommodate the recipient population already at
the facility. As a condition of further or future placements
of persons, the Department shall require the employment of
additional trained staff members at the facility where said
persons are to be placed. The Director, or his designate,
shall establish guidelines for placement of persons in
facilities under this Act.
Bills for the support for a person boarded out shall be
payable monthly out of the proper maintenance funds and shall
be audited as any other accounts of the Department. If a
person is placed in a facility or program outside the
Department, the Department may pay the actual costs of
residence, treatment or maintenance in such facility and may
collect such actual costs or a portion thereof from the
recipient or the estate of a person placed in accordance with
this Section.
Other than those placed in a family home the Department
shall cause all persons who are placed in a facility, as
defined by the Nursing Home Care Act, or in designated
community living situations or programs, to be visited at
least once during every week for the first month following
placement, and once every month thereafter when indicated.
Visits shall be made by qualified and trained Department
personnel, or their designee, in the area of mental health or
developmental disabilities applicable to the person visited,
and shall be made on a more frequent basis when indicated.
The Department may not use as designee any personnel
connected with or responsible to the representatives of any
facility in which persons who have been transferred under
this Section are placed. In the course of such visit there
shall be consideration of the following areas, but not
limited thereto: effects of transfer on physical and mental
health of the person, sufficiency of nursing care and medical
coverage required by the person, sufficiency of staff
personnel and ability to provide basic care for the person,
social, recreational and programmatic activities available
for the person, and other appropriate aspects of the person's
environment.
A report containing the above observations shall be made
to the Department and to any other appropriate agency
subsequent to each visitation. At the conclusion of one year
following absolute or conditional discharge, or a longer
period of time if required by the Department, the Department
may terminate the visitation requirements of this Section as
to a person placed in accordance with this Section, by filing
a written statement of termination setting forth reasons to
substantiate the termination of visitations in the person's
file, and sending a copy thereof to the person, and to his
guardian or next of kin.
Upon the complaint of any person placed in accordance
with this Section or any responsible citizen or upon
discovery that such person has been abused, neglected, or
improperly cared for, or that the placement does not provide
the type of care required by the recipient's current
condition, the Department immediately shall investigate, and
determine if the well-being, health, care, or safety of any
person is affected by any of the above occurrences, and if
any one of the above occurrences is verified, the Department
shall remove such person at once to a facility of the
Department or to another facility outside the Department,
provided such person's needs can be met at said facility.
The Department may also provide any person placed in
accordance with this Section who is without available funds,
and who is permitted to engage in employment outside the
facility, such sums for the transportation, and other
expenses as may be needed by him until he receives his wages
for such employment.
The Department shall promulgate rules and regulations
governing the purchase of care for persons who are wards of
or who are receiving services from the Department. Such
rules and regulations shall apply to all monies expended by
any agency of the State of Illinois for services rendered by
any person, corporate entity, agency, governmental agency or
political subdivision whether public or private outside of
the Department whether payment is made through a contractual,
per-diem or other arrangement. No funds shall be paid to any
person, corporation, agency, governmental entity or political
subdivision without compliance with such rules and
regulations.
The rules and regulations governing purchase of care
shall describe categories and types of service deemed
appropriate for purchase by the Department.
Any provider of services under this Act may elect to
receive payment for those services, and the Department is
authorized to arrange for that payment, by means of direct
deposit transmittals to the service provider's account
maintained at a bank, savings and loan association, or other
financial institution. The financial institution shall be
approved by the Department, and the deposits shall be in
accordance with rules and regulations adopted by the
Department.
(Source: P.A. 86-820; 86-922; 86-1028; 87-751.)
(Text of Section taking effect July 1, 1997)
Sec. 15. Before any person is released from a facility
operated by the State pursuant to an absolute discharge or a
conditional discharge from hospitalization under this Act,
the facility director of the facility in which such person is
hospitalized shall determine that such person is not
currently in need of hospitalization and:
(a) is able to live independently in the community;
or
(b) requires further oversight and supervisory care
for which arrangements have been made with responsible
relatives or supervised residential program approved by
the Department; or
(c) requires further personal care or general
oversight as defined by the Nursing Home Care Act, for
which placement arrangements have been made with a
suitable family home or other licensed facility approved
by the Department under this Section.
Such determination shall be made in writing and shall
become a part of the facility record of such absolutely or
conditionally discharged person. When the determination
indicates that the condition of the person to be granted an
absolute discharge or a conditional discharge is described
under subparagraph (c) of this Section, the name and address
of the continuing care facility or home to which such person
is to be released shall be entered in the facility record.
Where a discharge from a mental health facility is made under
subparagraph (c), the Department shall assign the person so
discharged to an existing community based not-for-profit
agency for participation in day activities suitable to the
person's needs, such as but not limited to social and
vocational rehabilitation, and other recreational,
educational and financial activities unless the community
based not-for-profit agency is unqualified to accept such
assignment. Where the clientele of any not-for-profit agency
increases as a result of assignments under this amendatory
Act of 1977 by more than 3% over the prior year, the
Department shall fully reimburse such agency for the costs of
providing services to such persons in excess of such 3%
increase.
Insofar as desirable in the interests of the former
recipient, the facility, program or home in which the
discharged person is to be placed shall be located in or near
the community in which the person resided prior to
hospitalization or in the community in which the person's
family or nearest next of kin presently reside. Placement of
the discharged person in facilities, programs or homes
located outside of this State shall not be made by the
Department unless there are no appropriate facilities,
programs or homes available within this State. Out-of-state
placements shall be subject to return of recipients so placed
upon the availability of facilities, programs or homes within
this State to accommodate these recipients, except where
placement in a contiguous state results in locating a
recipient in a facility or program closer to the recipient's
home or family. If an appropriate facility or program
becomes available equal to or closer to the recipient's home
or family, the recipient shall be returned to and placed at
the appropriate facility or program within this State.
To place any person who is under a program of the
Department at board in a suitable family home or in such
other facility or program as the Department may consider
desirable. The Department may place in licensed nursing
homes, sheltered care homes, or homes for the aged those
persons whose behavioral manifestations and medical and
nursing care needs are such as to be substantially
indistinguishable from persons already living in such
facilities. Prior to any placement by the Department under
this Section, a determination shall be made by the personnel
of the Department, as to the capability and suitability of
such facility to adequately meet the needs of the person to
be discharged. When specialized programs are necessary in
order to enable persons in need of supervised living to
develop and improve in the community, the Department shall
place such persons only in specialized residential care
facilities which shall meet Department standards including
restricted admission policy, special staffing and programming
for social and vocational rehabilitation, in addition to the
requirements of the appropriate State licensing agency. The
Department shall not place any new person in a facility the
license of which has been revoked or not renewed on grounds
of inadequate programming, staffing, or medical or adjunctive
services, regardless of the pendency of an action for
administrative review regarding such revocation or failure to
renew. Before the Department may transfer any person to a
licensed nursing home, sheltered care home or home for the
aged or place any person in a specialized residential care
facility the Department shall notify the person to be
transferred, or a responsible relative of such person, in
writing, at least 30 days before the proposed transfer, with
respect to all the relevant facts concerning such transfer,
except in cases of emergency when such notice is not
required. If either the person to be transferred or a
responsible relative of such person objects to such transfer,
in writing to the Department, at any time after receipt of
notice and before the transfer, the facility director of the
facility in which the person was a recipient shall
immediately schedule a hearing at the facility with the
presence of the facility director, the person who objected to
such proposed transfer, and a psychiatrist who is familiar
with the record of the person to be transferred. Such person
to be transferred or a responsible relative may be
represented by such counsel or interested party as he may
appoint, who may present such testimony with respect to the
proposed transfer. Testimony presented at such hearing shall
become a part of the facility record of the
person-to-be-transferred. The record of testimony shall be
held in the person-to-be-transferred's record in the central
files of the facility. If such hearing is held a transfer may
only be implemented, if at all, in accordance with the
results of such hearing. Within 15 days after such hearing
the facility director shall deliver his findings based on the
record of the case and the testimony presented at the
hearing, by registered or certified mail, to the parties to
such hearing. The findings of the facility director shall be
deemed a final administrative decision of the Department. For
purposes of this Section, "case of emergency" means those
instances in which the health of the person to be transferred
is imperiled and the most appropriate mental health care or
medical care is available at a licensed nursing home,
sheltered care home or home for the aged or a specialized
residential care facility.
Prior to placement of any person in a facility under this
Section the Department shall ensure that an appropriate
training plan for staff is provided by the facility. Said
training may include instruction and demonstration by
Department personnel qualified in the area of mental illness
or mental retardation, as applicable to the person to be
placed. Training may be given both at the facility from
which the recipient is transferred and at the facility
receiving the recipient, and may be available on a continuing
basis subsequent to placement. In a facility providing
services to former Department recipients, training shall be
available as necessary for facility staff. Such training
will be on a continuing basis as the needs of the facility
and recipients change and further training is required.
The Department shall not place any person in a facility
which does not have appropriately trained staff in sufficient
numbers to accommodate the recipient population already at
the facility. As a condition of further or future placements
of persons, the Department shall require the employment of
additional trained staff members at the facility where said
persons are to be placed. The Secretary, or his or her
designate, shall establish guidelines for placement of
persons in facilities under this Act.
Bills for the support for a person boarded out shall be
payable monthly out of the proper maintenance funds and shall
be audited as any other accounts of the Department. If a
person is placed in a facility or program outside the
Department, the Department may pay the actual costs of
residence, treatment or maintenance in such facility and may
collect such actual costs or a portion thereof from the
recipient or the estate of a person placed in accordance with
this Section.
Other than those placed in a family home the Department
shall cause all persons who are placed in a facility, as
defined by the Nursing Home Care Act, or in designated
community living situations or programs, to be visited at
least once during every week for the first month following
placement, and once every month thereafter when indicated.
Visits shall be made by qualified and trained Department
personnel, or their designee, in the area of mental health or
developmental disabilities applicable to the person visited,
and shall be made on a more frequent basis when indicated.
The Department may not use as designee any personnel
connected with or responsible to the representatives of any
facility in which persons who have been transferred under
this Section are placed. In the course of such visit there
shall be consideration of the following areas, but not
limited thereto: effects of transfer on physical and mental
health of the person, sufficiency of nursing care and medical
coverage required by the person, sufficiency of staff
personnel and ability to provide basic care for the person,
social, recreational and programmatic activities available
for the person, and other appropriate aspects of the person's
environment.
A report containing the above observations shall be made
to the Department and to any other appropriate agency
subsequent to each visitation. At the conclusion of one year
following absolute or conditional discharge, or a longer
period of time if required by the Department, the Department
may terminate the visitation requirements of this Section as
to a person placed in accordance with this Section, by filing
a written statement of termination setting forth reasons to
substantiate the termination of visitations in the person's
file, and sending a copy thereof to the person, and to his
guardian or next of kin.
Upon the complaint of any person placed in accordance
with this Section or any responsible citizen or upon
discovery that such person has been abused, neglected, or
improperly cared for, or that the placement does not provide
the type of care required by the recipient's current
condition, the Department immediately shall investigate, and
determine if the well-being, health, care, or safety of any
person is affected by any of the above occurrences, and if
any one of the above occurrences is verified, the Department
shall remove such person at once to a facility of the
Department or to another facility outside the Department,
provided such person's needs can be met at said facility.
The Department may also provide any person placed in
accordance with this Section who is without available funds,
and who is permitted to engage in employment outside the
facility, such sums for the transportation, and other
expenses as may be needed by him until he receives his wages
for such employment.
The Department shall promulgate rules and regulations
governing the purchase of care for persons who are wards of
or who are receiving services from the Department. Such
rules and regulations shall apply to all monies expended by
any agency of the State of Illinois for services rendered by
any person, corporate entity, agency, governmental agency or
political subdivision whether public or private outside of
the Department whether payment is made through a contractual,
per-diem or other arrangement. No funds shall be paid to any
person, corporation, agency, governmental entity or political
subdivision without compliance with such rules and
regulations.
The rules and regulations governing purchase of care
shall describe categories and types of service deemed
appropriate for purchase by the Department.
Any provider of services under this Act may elect to
receive payment for those services, and the Department is
authorized to arrange for that payment, by means of direct
deposit transmittals to the service provider's account
maintained at a bank, savings and loan association, or other
financial institution. The financial institution shall be
approved by the Department, and the deposits shall be in
accordance with rules and regulations adopted by the
Department.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 1705/54) (from Ch. 91 1/2, par. 100-54)
(Text of Section in effect until July 1, 1997)
Sec. 54. Establishment of rates for purchase of services.
(a) It is the purpose of this Section to establish
procedures for the development, calculation, and
communication of rates promulgated by the Department of
Mental Health and Developmental Disabilities for the purchase
of services for persons with a developmental disability, and
persons with mental illness; to require the promulgation of
rules which specify the treatment of costs for purposes of
establishing rates for various purchase care program
categories; to require that rates be equitable,
understandable, and established through an open, public
process; and to require the delineation of where purchase
care, grant-in-aid, and other payment mechanisms are most
appropriately utilized. The Department's rate-setting policy
should stimulate the development of cost effective,
clinically appropriate, community-based residential, and
other support services for recipients according to an annual
statement of purchase care goals and objectives.
(b) The Department shall establish rates in all
instances where services are purchased by the Department for
a specific recipient from a specific community service
provider for which the Department has the responsibility for
establishing payment rates. When determining rates, the
Department shall take into consideration differences in the
costs of doing business among the various geographic regions
of the State and shall set rates that reflect those
differences. The Department may, for various program
categories, adopt rates that are set by other State agencies.
(c) The Department shall perform the following duties:
(1) Develop rate-setting methodologies for purchase
care program categories.
(2) Promulgate rules and regulations governing
rate-setting, treatment of costs, treatment of occupancy,
and payment and contracting processes for purchase care.
(3) Collect cost and performance information from
care providers. The Department may stipulate forms, unit
of service definitions, reporting procedures and
reporting intervals.
(4) Calculate purchase of care reimbursement rates
for specific providers based on the promulgated rate
methodology for that program category.
(5) Negotiate and implement purchase of care
contracts with specific providers.
(6) Develop an annual statement of purchase care
goals and objectives detailing maximum units of service
by program category to be purchased. The plan for each
fiscal year shall be completed by May 1 of the previous
fiscal year.
(7) Conduct an annual review and prepare an annual
report of rates and units of service purchased, comparing
the annual purchase of care statement with actual
services purchased, and the actual cost of providing
those services. The report shall be made available by
May 1.
(8) Establish and promulgate a process and criteria
for appealing rates.
(9) Develop and promulgate standards and criteria
by which provider performance shall be evaluated.
(10) Set rates based on published methodologies and
subject to the availability of funds appropriated by the
General Assembly.
(11) Establish and promulgate a policy regarding
applicability of income offsets in rate calculation or
and/or payment processes.
(12) Develop criteria for selection of payment
mechanisms to be employed in funding community services.
(d) The Department may investigate and employ
alternative rate setting approaches and engage in
demonstration projects. These Such approaches must be
publicly articulated by the Department, identifying the
purpose and scope of the alternative approach and evaluation
to be conducted.
(e) (Blank). The Director shall appoint a Community
funding advisory Committee within 60 days after the effective
date of this amendatory Act of 1983.
The Community Funding advisory Committee shall be
composed of 12 members. The Director shall appoint a
chairperson from among the Committee members. Two shall be
individuals representing developmental disability providers,
2 shall be individuals representing consumers of
developmental disability services and advocates.
Two shall be individuals representing mental illness
providers and 2 shall be individuals representing consumers
of mental illness services and advocates.
The Directors of the Departments of Mental Health and
Developmental Disabilities, Public Health, Public Aid, and
Children and Family Services, shall designate representatives
from their respective departments who shall also sit on the
Advisory Committee.
Members shall serve terms as follows: 4 shall serve for
one year and until their successors are appointed; 4 shall
serve for 2 years and until their successors are appointed;
and 4 shall serve for 3 years and until their successors are
appointed. After the expiration of the original
appointments, all terms shall be for 3 years.
It shall be the responsibility of the Community Funding
Advisory Committee to:
(1) advise and counsel the Department in the
development and adoption of purchased care rate-setting
methodologies;
(2) advise and counsel the Department in the annual
review of purchased care rates;
(3) advise and counsel the Department in the
development of standards and criteria by which provider
contract performance shall be evaluated;
(4) review and comment on the annual statement of
purchased care goals and objectives;
(5) review purchased care rate methodologies
employed by the Department;
(6) Review criteria developed by the Department for
selection of payment mechanisms to be employed in funding
community services.
(Source: P.A. 88-380; 89-58, eff. 1-1-96.)
(Text of Section taking effect July 1, 1997)
Sec. 54. Establishment of rates for purchase of services.
(a) It is the purpose of this Section to establish
procedures for the development, calculation, and
communication of rates promulgated by the Department for the
purchase of services for persons with a developmental
disability, and persons with mental illness; to require the
promulgation of rules which specify the treatment of costs
for purposes of establishing rates for various purchase care
program categories; to require that rates be equitable,
understandable, and established through an open, public
process; and to require the delineation of where purchase
care, grant-in-aid, and other payment mechanisms are most
appropriately utilized. The Department's rate-setting policy
should stimulate the development of cost effective,
clinically appropriate, community-based residential, and
other support services for recipients according to an annual
statement of purchase care goals and objectives.
(b) The Department shall establish rates in all
instances where services are purchased by the Department for
a specific recipient from a specific community service
provider for which the Department has the responsibility for
establishing payment rates. When determining rates, the
Department shall take into consideration differences in the
costs of doing business among the various geographic regions
of the State and shall set rates that reflect those
differences. The Department may, for various program
categories, adopt rates that are set by other State agencies.
(c) The Department shall perform the following duties:
(1) Develop rate-setting methodologies for purchase
care program categories.
(2) Promulgate rules and regulations governing
rate-setting, treatment of costs, treatment of occupancy,
and payment and contracting processes for purchase care.
(3) Collect cost and performance information from
care providers. The Department may stipulate forms, unit
of service definitions, reporting procedures and
reporting intervals.
(4) Calculate purchase of care reimbursement rates
for specific providers based on the promulgated rate
methodology for that program category.
(5) Negotiate and implement purchase of care
contracts with specific providers.
(6) Develop an annual statement of purchase care
goals and objectives detailing maximum units of service
by program category to be purchased. The plan for each
fiscal year shall be completed by May 1 of the previous
fiscal year.
(7) Conduct an annual review and prepare an annual
report of rates and units of service purchased, comparing
the annual purchase of care statement with actual
services purchased, and the actual cost of providing
those services. The report shall be made available by
May 1.
(8) Establish and promulgate a process and criteria
for appealing rates.
(9) Develop and promulgate standards and criteria
by which provider performance shall be evaluated.
(10) Set rates based on published methodologies and
subject to the availability of funds appropriated by the
General Assembly.
(11) Establish and promulgate a policy regarding
applicability of income offsets in rate calculation or
and/or payment processes.
(12) Develop criteria for selection of payment
mechanisms to be employed in funding community services.
(d) The Department may investigate and employ
alternative rate setting approaches and engage in
demonstration projects. These Such approaches must be
publicly articulated by the Department, identifying the
purpose and scope of the alternative approach and evaluation
to be conducted.
(e) (Blank). The Secretary shall appoint a Community
Funding Advisory Committee within 60 days after the effective
date of this amendatory Act of 1983.
The Community Funding Advisory Committee shall be
composed of 12 members. Two members shall be individuals
representing developmental disability providers, 2 shall be
individuals representing consumers of developmental
disability services and advocates. Two members shall be
individuals representing mental illness providers and 2 shall
be individuals representing consumers of mental illness
services and advocates. The Secretary of Human Services
and the Directors of the Departments of Public Health, Public
Aid, and Children and Family Services, shall each designate a
representative from their respective departments who shall
also sit on the Advisory Committee.
The Secretary shall appoint a chairperson from among the
Committee members.
Members shall serve terms as follows: 4 shall serve for
one year and until their successors are appointed; 4 shall
serve for 2 years and until their successors are appointed;
and 4 shall serve for 3 years and until their successors are
appointed. After the expiration of the original
appointments, all terms shall be for 3 years.
It shall be the responsibility of the Community Funding
Advisory Committee to:
(1) advise and counsel the Department in the
development and adoption of purchased care rate-setting
methodologies;
(2) advise and counsel the Department in the annual
review of purchased care rates;
(3) advise and counsel the Department in the
development of standards and criteria by which provider
contract performance shall be evaluated;
(4) review and comment on the annual statement of
purchased care goals and objectives;
(5) review purchased care rate methodologies
employed by the Department;
(6) Review criteria developed by the Department for
selection of payment mechanisms to be employed in funding
community services.
(Source: P.A. 88-380; 89-58, eff. 1-1-96; 89-507, eff.
7-1-97.)
Section 15. The Community-Integrated Living Arrangements
Licensure and Certification Act is amended by adding Section
11 as follows:
(210 ILCS 135/11 new)
Sec. 11. All agencies previously licensed under the
Community Residential Alternatives Licensing Act are subject
to and shall be licensed under this Act.
(210 ILCS 140/1 Act rep.)
Section 20. The Community Residential Alternatives
Licensing Act is repealed.
Section 25. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Sections 11 and 12 as follows:
(740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
(Text of Section in effect until July 1, 1997)
Sec. 11. Disclosure of records and communications.
Records and communications may be disclosed, (i) in
accordance with the provisions of the Abused and Neglected
Child Reporting Act; (ii) when, and to the extent, a
therapist, in his or her sole discretion, determines that
disclosure is necessary to initiate or continue civil
commitment proceedings under the laws of this State or to
otherwise protect the recipient or other person against a
clear, imminent risk of serious physical or mental injury or
disease or death being inflicted upon the recipient or by the
recipient on himself or another; (iii) when, and to the
extent disclosure is, in the sole discretion of the
therapist, necessary to the provision of emergency medical
care to a recipient who is unable to assert or waive his or
her rights hereunder; (iv) when disclosure is necessary to
collect sums or receive third party payment representing
charges for mental health or developmental disabilities
services provided by a therapist or agency to a recipient
under Chapter V of the Mental Health and Developmental
Disabilities Code or to transfer debts under the Uncollected
States Claims Act; however, disclosure shall be limited to
information needed to pursue collection, and the information
so disclosed shall not be used for any other purposes nor
shall it be redisclosed except in connection with collection
activities; (v) when requested by a family member, the
Department of Mental Health and Developmental Disabilities
may assist in the location of the interment site of a
deceased recipient who is interred in a cemetery established
under Section 100-26 of the Department of Mental Health and
Developmental Disabilities Act; (vi) in commitment
proceedings and involuntary medication hearings under the
Mental Health and Developmental Disabilities Code and
proceedings and investigations preliminary thereto, to the
State's Attorney for the county or residence of a person for
whom involuntary or judicial admission or involuntary
medication is sought, or in which the person is found, or in
which the facility is located, and to the attorney
representing the recipient in the commitment proceedings or
medication hearing, provided that the information so
disclosed shall not be utilized for any other purpose nor be
redisclosed except in connection with the proceedings or
investigations; (vii) when, and to the extent disclosure is
necessary to comply with the requirements of the Census
Bureau in taking the federal Decennial Census; and (viii)
when, and to the extent, in the therapist's sole discretion,
disclosure is necessary to warn or protect a specific
individual against whom a recipient has made a specific
threat of violence where there exists a therapist-recipient
relationship or a special recipient-individual relationship;
(ix) in accordance with the Sex Offender Registration Act;
and (x) in accordance with the Rights of Crime Victims and
Witnesses Act. Any person, institution, or agency, under this
Act, participating in good faith in the making of a report
under the Abused and Neglected Child Reporting Act or in the
disclosure of records and communications under this Section,
shall have immunity from any liability, civil, criminal or
otherwise, that might result by reason of such action. For
the purpose of any proceeding, civil or criminal, arising out
of a report or disclosure under this Section, the good faith
of any person, institution, or agency so reporting or
disclosing shall be presumed.
(Source: P.A. 88-484; 89-439, eff. 6-1-96.)
(Text of Section taking effect July 1, 1997)
Sec. 11. Disclosure of records and communications.
Records and communications may be disclosed, (i) in
accordance with the provisions of the Abused and Neglected
Child Reporting Act; (ii) when, and to the extent, a
therapist, in his or her sole discretion, determines that
disclosure is necessary to initiate or continue civil
commitment proceedings under the laws of this State or to
otherwise protect the recipient or other person against a
clear, imminent risk of serious physical or mental injury or
disease or death being inflicted upon the recipient or by the
recipient on himself or another; (iii) when, and to the
extent disclosure is, in the sole discretion of the
therapist, necessary to the provision of emergency medical
care to a recipient who is unable to assert or waive his or
her rights hereunder; (iv) when disclosure is necessary to
collect sums or receive third party payment representing
charges for mental health or developmental disabilities
services provided by a therapist or agency to a recipient
under Chapter V of the Mental Health and Developmental
Disabilities Code or to transfer debts under the Uncollected
State Claims Act; however, disclosure shall be limited to
information needed to pursue collection, and the information
so disclosed shall not be used for any other purposes nor
shall it be redisclosed except in connection with collection
activities; (v) when requested by a family member, the
Department of Human Services may assist in the location of
the interment site of a deceased recipient who is interred in
a cemetery established under Section 100-26 of the Mental
Health and Developmental Disabilities Administrative Act;
(vi) in commitment proceedings and involuntary medication
hearings under the Mental Health and Developmental
Disabilities Code and proceedings and investigations
preliminary thereto, to the State's Attorney for the county
or residence of a person for whom involuntary or judicial
admission or involuntary medication is sought, or in which
the person is found, or in which the facility is located, and
to the attorney representing the recipient in the commitment
proceedings or medication hearing, provided that the
information so disclosed shall not be utilized for any other
purpose nor be redisclosed except in connection with the
proceedings or investigations; (vii) when, and to the extent
disclosure is necessary to comply with the requirements of
the Census Bureau in taking the federal Decennial Census; and
(viii) when, and to the extent, in the therapist's sole
discretion, disclosure is necessary to warn or protect a
specific individual against whom a recipient has made a
specific threat of violence where there exists a
therapist-recipient relationship or a special
recipient-individual relationship; (ix) in accordance with
the Sex Offender Registration Act; and (x) in accordance with
the Rights of Crime Victims and Witnesses Act. Any person,
institution, or agency, under this Act, participating in good
faith in the making of a report under the Abused and
Neglected Child Reporting Act or in the disclosure of records
and communications under this Section, shall have immunity
from any liability, civil, criminal or otherwise, that might
result by reason of such action. For the purpose of any
proceeding, civil or criminal, arising out of a report or
disclosure under this Section, the good faith of any person,
institution, or agency so reporting or disclosing shall be
presumed.
(Source: P.A. 88-484; 89-439, eff. 6-1-96; 89-507, eff.
7-1-97.)
(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
(Text of Section in effect until July 1, 1997)
Sec. 12. (a) If the United States Secret Service or the
Department of State Police requests information from a mental
health or developmental disability facility, as defined in
Section 1-107 and 1-114 of the Mental Health and
Developmental Disabilities Code, relating to a specific
recipient and the facility director determines that
disclosure of such information may be necessary to protect
the life of, or to prevent the infliction of great bodily
harm to, a public official, or a person under the protection
of the United States Secret Service, only the following
information may be disclosed: the recipient's name, address,
and age and the date of any admission to or discharge from a
facility; and any information which would indicate whether or
not the recipient has a history of violence or presents a
danger of violence to the person under protection. Any
information so disclosed shall be used for investigative
purposes only and shall not be publicly disseminated. Any
person participating in good faith in the disclosure of such
information in accordance with this provision shall have
immunity from any liability, civil, criminal or otherwise, if
such information is disclosed relying upon the representation
of an officer of the United States Secret Service or the
Department of State Police that a person is under the
protection of the United States Secret Service or is a public
official.
For the purpose of this subsection (a), the term "public
official" means the Governor, Lieutenant Governor, Attorney
General, Secretary of State, State Comptroller, State
Treasurer or member of the General Assembly. The term shall
also include the spouse, child or children of a public
official.
(b) The Department of Mental Health and Developmental
Disabilities and all private hospitals are required, as
hereafter described in this subsection, to furnish the
Department of State Police only such information as may be
required for the sole purpose of determining whether an
individual who may be or may have been a patient is
disqualified because of that status from receiving or
retaining a Firearm Owner's Identification Card under
subsection (e) of Section 8 of the Firearm Owners
Identification Card Act. All private hospitals shall, in the
form and manner required by the Department, provide such
information as shall be necessary for the Department to
comply with the reporting requirements to the Department of
State Police. Such information shall be furnished within 30
days after admission to a private hospital. Any such
information disclosed under this subsection shall remain
privileged and confidential, and shall not be redisclosed nor
utilized for any other purpose. The method of requiring the
providing of such information shall guarantee that no
information is released beyond what is necessary for this
purpose. In addition, the information disclosed shall be
provided by the Department within the time period established
by Section 24-3 of the Criminal Code of 1961 regarding the
delivery of firearms. The method used shall be sufficient to
provide the necessary information within the prescribed time
period, which may include periodically providing lists to the
Department of Mental Health and Developmental Disabilities or
any private hospital of Firearm Owner's Identification Card
applicants on which the Department or hospital shall indicate
the identities of those individuals who are to its knowledge
disqualified from having a Firearm Owner's Identification
Card for reasons described herein. The Department may
provide for a centralized source of information for the State
on this subject under its jurisdiction.
Any person, institution, or agency, under this Act,
participating in good faith in the reporting or disclosure of
records and communications otherwise in accordance with this
provision or with rules, regulations or guidelines issued by
the Department shall have immunity from any liability, civil,
criminal or otherwise, that might result by reason of the
action. For the purpose of any proceeding, civil or
criminal, arising out of a report or disclosure in accordance
with this provision, the good faith of any person,
institution, or agency so reporting or disclosing shall be
presumed. The full extent of the immunity provided in this
subsection (b) shall apply to any person, institution or
agency that fails to make a report or disclosure in the good
faith belief that the report or disclosure would violate
federal regulations governing the confidentiality of alcohol
and drug abuse patient records implementing 42 U.S.C. 290dd-3
and 290ee-3.
For purposes of this subsection (b) only, the following
terms shall have the meaning prescribed:
(1) "Hospital" means only that type of institution
which is providing full-time residential facilities and
treatment for in-patients and excludes institutions, such
as community clinics, which only provide treatment to
out-patients.
(2) "Patient" shall mean only a person who is an
in-patient or resident of any hospital, not an
out-patient or client seen solely for periodic
consultation.
(c) Upon the request of a peace officer who takes a
person into custody and transports such person to a mental
health or developmental disability facility pursuant to
Section 3-606 or 4-404 of the Mental Health and Developmental
Disabilities Code or who transports a person from such
facility, a facility director shall furnish said peace
officer the name, address, age and name of the nearest
relative of the person transported to or from the mental
health or developmental disability facility. In no case
shall the facility director disclose to the peace officer any
information relating to the diagnosis, treatment or
evaluation of the person's mental or physical health.
For the purposes of this subsection (c), the terms
"mental health or developmental disability facility", "peace
officer" and "facility director" shall have the meanings
ascribed to them in the Mental Health and Developmental
Disabilities Code.
(d) Upon the request of a peace officer or prosecuting
authority who is conducting a bona fide investigation of a
criminal offense, or attempting to apprehend a fugitive from
justice, a facility director may disclose whether a person is
present at the facility. The requesting peace officer or
prosecuting authority must furnish a case number and the
purpose of the investigation or an outstanding arrest warrant
at the time of the request. Any person, institution, or
agency participating in good faith in disclosing such
information in accordance with this subsection (d) is immune
from any liability, civil, criminal or otherwise, that might
result by reason of the action.
(Source: P.A. 86-922; 87-124; 87-299; 87-300; 87-895.)
(Text of Section taking effect July 1, 1997)
Sec. 12. (a) If the United States Secret Service or the
Department of State Police requests information from a mental
health or developmental disability facility, as defined in
Section 1-107 and 1-114 of the Mental Health and
Developmental Disabilities Code, relating to a specific
recipient and the facility director determines that
disclosure of such information may be necessary to protect
the life of, or to prevent the infliction of great bodily
harm to, a public official, or a person under the protection
of the United States Secret Service, only the following
information may be disclosed: the recipient's name, address,
and age and the date of any admission to or discharge from a
facility; and any information which would indicate whether or
not the recipient has a history of violence or presents a
danger of violence to the person under protection. Any
information so disclosed shall be used for investigative
purposes only and shall not be publicly disseminated. Any
person participating in good faith in the disclosure of such
information in accordance with this provision shall have
immunity from any liability, civil, criminal or otherwise, if
such information is disclosed relying upon the representation
of an officer of the United States Secret Service or the
Department of State Police that a person is under the
protection of the United States Secret Service or is a public
official.
For the purpose of this subsection (a), the term "public
official" means the Governor, Lieutenant Governor, Attorney
General, Secretary of State, State Comptroller, State
Treasurer or member of the General Assembly. The term shall
also include the spouse, child or children of a public
official.
(b) The Department of Human Services (acting as
successor to the Department of Mental Health and
Developmental Disabilities) and all private hospitals are
required, as hereafter described in this subsection, to
furnish the Department of State Police only such information
as may be required for the sole purpose of determining
whether an individual who may be or may have been a patient
is disqualified because of that status from receiving or
retaining a Firearm Owner's Identification Card under
subsection (e) of Section 8 of the Firearm Owners
Identification Card Act. All private hospitals shall, in the
form and manner required by the Department, provide such
information as shall be necessary for the Department to
comply with the reporting requirements to the Department of
State Police. Such information shall be furnished within 30
days after admission to a private hospital. Any such
information disclosed under this subsection shall remain
privileged and confidential, and shall not be redisclosed nor
utilized for any other purpose. The method of requiring the
providing of such information shall guarantee that no
information is released beyond what is necessary for this
purpose. In addition, the information disclosed shall be
provided by the Department within the time period established
by Section 24-3 of the Criminal Code of 1961 regarding the
delivery of firearms. The method used shall be sufficient to
provide the necessary information within the prescribed time
period, which may include periodically providing lists to the
Department of Human Services or any private hospital of
Firearm Owner's Identification Card applicants on which the
Department or hospital shall indicate the identities of those
individuals who are to its knowledge disqualified from having
a Firearm Owner's Identification Card for reasons described
herein. The Department may provide for a centralized source
of information for the State on this subject under its
jurisdiction.
Any person, institution, or agency, under this Act,
participating in good faith in the reporting or disclosure of
records and communications otherwise in accordance with this
provision or with rules, regulations or guidelines issued by
the Department shall have immunity from any liability, civil,
criminal or otherwise, that might result by reason of the
action. For the purpose of any proceeding, civil or
criminal, arising out of a report or disclosure in accordance
with this provision, the good faith of any person,
institution, or agency so reporting or disclosing shall be
presumed. The full extent of the immunity provided in this
subsection (b) shall apply to any person, institution or
agency that fails to make a report or disclosure in the good
faith belief that the report or disclosure would violate
federal regulations governing the confidentiality of alcohol
and drug abuse patient records implementing 42 U.S.C. 290dd-3
and 290ee-3.
For purposes of this subsection (b) only, the following
terms shall have the meaning prescribed:
(1) "Hospital" means only that type of institution
which is providing full-time residential facilities and
treatment for in-patients and excludes institutions, such
as community clinics, which only provide treatment to
out-patients.
(2) "Patient" shall mean only a person who is an
in-patient or resident of any hospital, not an
out-patient or client seen solely for periodic
consultation.
(c) Upon the request of a peace officer who takes a
person into custody and transports such person to a mental
health or developmental disability facility pursuant to
Section 3-606 or 4-404 of the Mental Health and Developmental
Disabilities Code or who transports a person from such
facility, a facility director shall furnish said peace
officer the name, address, age and name of the nearest
relative of the person transported to or from the mental
health or developmental disability facility. In no case
shall the facility director disclose to the peace officer any
information relating to the diagnosis, treatment or
evaluation of the person's mental or physical health.
For the purposes of this subsection (c), the terms
"mental health or developmental disability facility", "peace
officer" and "facility director" shall have the meanings
ascribed to them in the Mental Health and Developmental
Disabilities Code.
(d) Upon the request of a peace officer or prosecuting
authority who is conducting a bona fide investigation of a
criminal offense, or attempting to apprehend a fugitive from
justice, a facility director may disclose whether a person is
present at the facility. The requesting peace officer or
prosecuting authority must furnish a case number and the
purpose of the investigation or an outstanding arrest warrant
at the time of the request. Any person, institution, or
agency participating in good faith in disclosing such
information in accordance with this subsection (d) is immune
from any liability, civil, criminal or otherwise, that might
result by reason of the action.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 99. Effective date. This Act takes effect upon
becoming law, except that the provisions repealing the
Community Residential Alternatives Licensing Act and the
provisions adding Section 11 to the Community-Integrated
Living Arrangements Licensure and Certification Act take
effect on July 1, 1997.
INDEX
Statutes amended in order of appearance
20 ILCS 1705/4.2 from Ch. 91 1/2, par. 100-4.2
20 ILCS 1705/15 from Ch. 91 1/2, par. 100-15
20 ILCS 1705/43 from Ch. 91 1/2, par. 100-43
20 ILCS 1705/54 from Ch. 91 1/2, par. 100-54
20 ILCS 1705/7.1 rep.
210 ILCS 135/11 new
210 ILCS 140/Act rep.
740 ILCS 110/11 from Ch. 91 1/2, par. 811
740 ILCS 110/12 from Ch. 91 1/2, par. 812