Bill Amendment: IL HB1795 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: TRUST CODE-VARIOUS

Status: 2021-08-06 - Public Act . . . . . . . . . 102-0279 [HB1795 Detail]

Download: Illinois-2021-HB1795-House_Amendment_001.html

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Rep. Ann M. Williams

Filed: 3/9/2021

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AMENDMENT TO HOUSE BILL 1795
AMENDMENT NO. ______. Amend House Bill 1795 on page 1,
line 5 by replacing "Section 3-605" with "Sections 3-605,
3-819, and 5-105"; and
on page 4, by inserting below line 1 the following:
"(405 ILCS 5/3-819) (from Ch. 91 1/2, par. 3-819)
Sec. 3-819. (a) In counties with a population of 3,000,000
or more, when a recipient is hospitalized upon court order,
the order may authorize a relative or friend of the recipient
to transport the recipient to the facility if such person is
able to do so safely and humanely. When the Department
indicates that it has transportation to the facility
available, the order may authorize the Department to transport
the recipient there. The court may order the sheriff of the
county in which such proceedings are held to transport the
recipient to the facility. When a recipient is hospitalized

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upon court order, and the recipient has been transported to a
mental health facility, other than a state-operated mental
health facility, and it is determined by the facility that the
recipient is in need of commitment or treatment at another
mental health facility, the court shall determine whether a
relative or friend of the recipient or the Department is
authorized to transport the recipient between facilities, or
whether the county sheriff is responsible for transporting the
recipient between facilities. The sheriff may make
arrangements with another public or private entity including a
licensed ambulance service to transport the recipient to the
facility. The transporting entity acting in good faith and
without negligence in connection with the transportation of
recipients shall incur no liability, civil or criminal, by
reason of such transportation.
(a-5) In counties with a population under 3,000,000, when
a recipient is hospitalized upon court order, the order may
authorize a relative or friend of the recipient to transport
the recipient to the facility if the person is able to do so
safely and humanely. The court may order the Department to
transport the recipient to the facility. When a recipient is
hospitalized upon court order, and the recipient has been
transported to a mental health facility other than a
State-operated mental health facility, and it is determined by
the facility that the recipient is in need of commitment or
treatment at another mental health facility, the court shall

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determine whether a relative or friend of the recipient is
authorized to transport the recipient between facilities, or
whether the Department is responsible for transporting the
recipient between facilities. If the court determines that the
Department is responsible for the transportation, the
Department shall make arrangements either directly or through
agreements with another public or private entity, including a
licensed ambulance service, to appropriately transport the
recipient to the facility. The making of such arrangements and
agreements with public or private entities is independent of
the Department's role as a provider of mental health services
and does not indicate that the recipient is admitted to any
Department facility. In making such arrangements and
agreements with other public or private entities, the
Department shall include provisions to ensure (i) the
provision of trained personnel and the use of an appropriate
vehicle for the safe transport of the recipient and (ii) that
the recipient's insurance carrier as well as other programs,
both public and private, that provide payment for such
transportation services are fully utilized to the maximum
extent possible.
The Department may not make arrangements with an existing
hospital or grant-in-aid or fee-for-service community provider
for transportation services under this Section unless the
hospital or provider has voluntarily submitted a proposal for
its transportation services. This requirement does not

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eliminate or reduce any responsibility on the part of a
hospital or community provider to ensure transportation that
may arise independently through other State or federal law or
regulation.
A transporting entity acting in good faith and without
negligence in connection with the transportation of a
recipient incurs no liability, civil or criminal, by reason of
that transportation.
(b) The transporting entity may bill the recipient, the
estate of the recipient, legally responsible relatives, or
insurance carrier for the cost of providing transportation of
the recipient to a mental health facility. The recipient and
the estate of the recipient are liable for the payment of
transportation costs for transporting the recipient to a
mental health facility. If the recipient is a beneficiary of a
trust described in Section 509 1213 of the Illinois Trust
Code, the trust shall not be considered a part of the
recipient's estate and shall not be subject to payment for
transportation costs for transporting the recipient to a
mental health facility under this section, except to the
extent permitted under Section 509 1213 of the Illinois Trust
Code. If the recipient is unable to pay or if the estate of the
recipient is insufficient, the responsible relatives are
severally liable for the payment of those sums or for the
balance due in case less than the amount owing has been paid.
If the recipient is covered by insurance, the insurance

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carrier shall be liable for payment to the extent authorized
by the recipient's insurance policy.
(c) Upon the delivery of a recipient to a facility, in
accordance with the procedure set forth in this Article, the
facility director of the facility shall sign a receipt
acknowledging custody of the recipient and for any personal
property belonging to him, which receipt shall be filed with
the clerk of the court entering the hospitalization order.
(Source: P.A. 101-48, eff. 1-1-20.)
(405 ILCS 5/5-105) (from Ch. 91 1/2, par. 5-105)
Sec. 5-105. Each recipient of services provided directly
or funded by the Department and the estate of that recipient is
liable for the payment of sums representing charges for
services to the recipient at a rate to be determined by the
Department in accordance with this Act. If a recipient is a
beneficiary of a trust described in Section 509 1213 of the
Illinois Trust Code, the trust shall not be considered a part
of the recipient's estate and shall not be subject to payment
for services to the recipient under this Section except to the
extent permitted under Section 509 1213 of the Illinois Trust
Code. If the recipient is unable to pay or if the estate of the
recipient is insufficient, the responsible relatives are
severally liable for the payment of those sums or for the
balance due in case less than the amount prescribed under this
Act has been paid. If the recipient is under the age of 18, the

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recipient and responsible relative shall be liable for medical
costs on a case-by-case basis for services for the diagnosis
and treatment of conditions other than that child's disabling
condition. The liability shall be the lesser of the cost of
medical care or the amount of responsible relative liability
established by the Department under Section 5-116. Any person
18 through 21 years of age who is receiving services under the
Education for All Handicapped Children Act of 1975 (Public Law
94-142) or that person's responsible relative shall only be
liable for medical costs on a case-by-case basis for services
for the diagnosis and treatment of conditions other than the
person's disabling condition. The liability shall be the
lesser of the cost of medical care or the amount of responsible
relative liability established by the Department under Section
5-116. In the case of any person who has received residential
services from the Department, whether directly from the
Department or through a public or private agency or entity
funded by the Department, the liability shall be the same
regardless of the source of services. The maximum services
charges for each recipient assessed against responsible
relatives collectively may not exceed financial liability
determined from income in accordance with Section 5-116. Where
the recipient is placed in a nursing home or other facility
outside the Department, the Department may pay the actual cost
of services in that facility and may collect reimbursement for
the entire amount paid from the recipient or an amount not to

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exceed those amounts determined under Section 5-116 from
responsible relatives according to their proportionate ability
to contribute to those charges. The liability of each
responsible relative for payment of services charges ceases
when payments on the basis of financial ability have been made
for a total of 12 years for any recipient, and any portion of
that 12 year period during which a responsible relative has
been determined by the Department to be financially unable to
pay any services charges must be included in fixing the total
period of liability. No child is liable under this Act for
services to a parent. No spouse is liable under this Act for
the services to the other spouse who willfully failed to
contribute to the spouse's support for a period of 5 years
immediately preceding his or her admission. Any spouse
claiming exemption because of willful failure to support
during any such 5 year period must furnish the Department with
clear and convincing evidence substantiating the claim. No
parent is liable under this Act for the services charges
incurred by a child after the child reaches the age of
majority. Nothing in this Section shall preclude the
Department from applying federal benefits that are
specifically provided for the care and treatment of a person
with a disability toward the cost of care provided by a State
facility or private agency.
(Source: P.A. 101-48, eff. 1-1-20.)

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Section 7. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 513.5 as follows:
(750 ILCS 5/513.5)
Sec. 513.5. Support for a non-minor child with a
disability.
(a) The court may award sums of money out of the property
and income of either or both parties or the estate of a
deceased parent, as equity may require, for the support of a
child of the parties who has attained majority when the child
is mentally or physically disabled and not otherwise
emancipated. The sums awarded may be paid to one of the
parents, to a trust created by the parties for the benefit of
the non-minor child with a disability, or irrevocably to a
trust for a beneficiary with a disability special needs trust,
established by the parties and for the sole benefit of the
non-minor child with a disability, pursuant to subdivisions
(d)(4)(A) or (d)(4)(C) of 42 U.S.C. 1396p, Section 509 1213 of
the Illinois Trust Code, and applicable provisions of the
Social Security Administration Program Operating Manual
System. An application for support for a non-minor disabled
child may be made before or after the child has attained
majority. Unless an application for educational expenses is
made for a mentally or physically disabled child under Section
513, the disability that is the basis for the application for
support must have arisen while the child was eligible for

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support under Section 505 or 513 of this Act.
(b) In making awards under this Section, or pursuant to a
petition or motion to decrease, modify, or terminate any such
award, the court shall consider all relevant factors that
appear reasonable and necessary, including:
(1) the present and future financial resources of both
parties to meet their needs, including, but not limited
to, savings for retirement;
(2) the standard of living the child would have
enjoyed had the marriage not been dissolved. The court may
consider factors that are just and equitable;
(3) the financial resources of the child; and
(4) any financial or other resource provided to or for
the child including, but not limited to, any Supplemental
Security Income, any home-based support provided pursuant
to the Home-Based Support Services Law for Mentally
Disabled Adults, and any other State, federal, or local
benefit available to the non-minor disabled child.
(c) As used in this Section:
A "disabled" individual means an individual who has a
physical or mental impairment that substantially limits a
major life activity, has a record of such an impairment, or is
regarded as having such an impairment.
"Disability" means a mental or physical impairment that
substantially limits a major life activity.
(Source: P.A. 101-48, eff. 1-1-20.)".