Bill Text: IL HB0751 | 2009-2010 | 96th General Assembly | Enrolled

---

Bill Title: Amends the Mental Health and Developmental Disabilities Administrative Act, the State Property Control Act, and the Community Services Act. Provides that whenever a State mental health facility operated by the Department of Human Services is closed and the real estate on which the facility is located is sold by the State, the net proceeds of the sale of the real estate shall be deposited into the Community Mental Health Medicaid Trust Fund. Provides that whenever a State developmental disabilities facility operated by the Department of Human Services is closed and the real estate on which the facility is located is sold by the State, the net proceeds of the sale of the real estate shall be deposited into the Community Developmental Disability Services Medicaid Trust Fund. Provides that in determining whether any net proceeds are realized from such a sale of real estate, sufficient moneys shall be made available to ensure that there is an appropriate level of staffing and that life, safety, and care concerns are addressed so as to provide for persons with developmental disabilities or mental illness at the remaining State-operated facilities that will be expected to handle the individuals previously served at the closed facility. Requires the Department of Human Services to share and discuss its plan or plans for using the net proceeds with advocates, advocacy organizations, and advisory groups whose mission includes advocacy for persons with developmental disabilities or persons with mental illness. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 13-8)

Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0660 [HB0751 Detail]

Download: Illinois-2009-HB0751-Enrolled.html

---

HB0751 Enrolled LRB096 05755 DRJ 15826 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 changing
Sections 18.4 and 18.5 as follows:
(20 ILCS 1705/18.4)
Sec. 18.4. Community Mental Health Medicaid Trust Fund;
reimbursement.
(a) The Community Mental Health Medicaid Trust Fund is
hereby created in the State Treasury.
(b) Amounts paid to the State during each State fiscal year
by the federal government under Title XIX or Title XXI of the
Social Security Act for services delivered by community mental
health providers, and any interest earned thereon, shall be
deposited as follows:
(1) The first $75,000,000 shall be deposited directly
into the Community Mental Health Medicaid Trust Fund to be
used for the purchase of community mental health services;
(2) The next $4,500,000 shall be deposited directly
into the Community Mental Health Medicaid Trust Fund to be
used by the Department of Human Services' Division of
Mental Health for the oversight and administration of

HB0751 Enrolled - 2 - LRB096 05755 DRJ 15826 b
community mental health services and up to $1,000,000 of
this amount may be used for support of community mental
health service initiatives;
(3) The next $3,500,000 shall be deposited directly
into the General Revenue Fund;
(4) Any additional amounts shall be deposited into the
Community Mental Health Medicaid Trust Fund to be used for
the purchase of community mental health services.
(b-5) Whenever a State mental health facility operated by
the Department is closed and the real estate on which the
facility is located is sold by the State, the net proceeds of
the sale of the real estate shall be deposited into the
Community Mental Health Medicaid Trust Fund.
(c) The Department shall reimburse community mental health
providers for services provided to eligible individuals.
Moneys in the Community Mental Health Medicaid Trust Fund may
be used for that purpose.
(d) As used in this Section:
"Community mental health provider" means a community
agency that is funded by the Department to provide a service.
"Service" means a mental health service provided pursuant
to the provisions of administrative rules adopted by the
Department and funded by the Department of Human Services'
Division of Mental Health.
(Source: P.A. 94-58, eff. 6-17-05; 94-839, eff. 6-6-06; 95-707,
eff. 1-11-08.)

HB0751 Enrolled - 3 - LRB096 05755 DRJ 15826 b
(20 ILCS 1705/18.5)
Sec. 18.5. Community Developmental Disability Services
Medicaid Trust Fund; reimbursement.
(a) The Community Developmental Disability Services
Medicaid Trust Fund is hereby created in the State treasury.
(b) Except as provided in subsection (b-5), any funds in
excess of $16,700,000 in any fiscal year paid to the State by
the federal government under Title XIX or Title XXI of the
Social Security Act for services delivered by community
developmental disability services providers for services
relating to Developmental Training and Community Integrated
Living Arrangements as a result of the conversion of such
providers from a grant payment methodology to a fee-for-service
payment methodology, or any other funds paid to the State for
any subsequent revenue maximization initiatives performed by
such providers, and any interest earned thereon, shall be
deposited directly into the Community Developmental Disability
Services Medicaid Trust Fund. One-third of this amount shall be
used only to pay for Medicaid-reimbursed community
developmental disability services provided to eligible
individuals, and the remainder shall be transferred to the
General Revenue Fund.
(b-5) Beginning in State fiscal year 2008, any funds paid
to the State by the federal government under Title XIX or Title
XXI of the Social Security Act for services delivered through

HB0751 Enrolled - 4 - LRB096 05755 DRJ 15826 b
the Children's Residential Waiver and the Children's In-Home
Support Waiver shall be deposited directly into the Community
Developmental Disability Services Medicaid Trust Fund and
shall not be subject to the transfer provisions of subsection
(b).
(b-10) Whenever a State developmental disabilities
facility operated by the Department is closed and the real
estate on which the facility is located is sold by the State,
the net proceeds of the sale of the real estate shall be
deposited into the Community Developmental Disability Services
Medicaid Trust Fund.
(c) For purposes of this Section:
"Medicaid-reimbursed developmental disability services"
means services provided by a community developmental
disability provider under an agreement with the Department that
is eligible for reimbursement under the federal Title XIX
program or Title XXI program.
"Provider" means a qualified entity as defined in the
State's Home and Community-Based Services Waiver for Persons
with Developmental Disabilities that is funded by the
Department to provide a Medicaid-reimbursed service.
"Revenue maximization alternatives" do not include
increases in funds paid to the State as a result of growth in
spending through service expansion or rate increases.
(Source: P.A. 95-707, eff. 1-11-08.)

HB0751 Enrolled - 5 - LRB096 05755 DRJ 15826 b
Section 10. The State Property Control Act is amended by
changing Section 7.1 as follows:
(30 ILCS 605/7.1) (from Ch. 127, par. 133b10.1)
Sec. 7.1. (a) Except as otherwise provided by law, all
surplus real property held by the State of Illinois shall be
disposed of by the administrator as provided in this Section.
"Surplus real property," as used in this Section, means any
real property to which the State holds fee simple title or
lesser interest, and is vacant, unoccupied or unused and which
has no foreseeable use by the owning agency.
(b) All responsible officers shall submit an Annual Real
Property Utilization Report to the Administrator, or annual
update of such report, on forms required by the Administrator,
by October 30 of each year. The Administrator may require such
documentation as he deems reasonably necessary in connection
with this Report, and shall require that such Report include
the following information:
(1) A legal description of all real property owned by the
State under the control of the responsible officer.
(2) A description of the use of the real property listed
under (1).
(3) A list of any improvements made to such real property
during the previous year.
(4) The dates on which the State first acquired its
interest in such real property, and the purchase price and

HB0751 Enrolled - 6 - LRB096 05755 DRJ 15826 b
source of the funds used to acquire the property.
(5) Plans for the future use of currently unused real
property.
(6) A declaration of any surplus real property. On or
before December 31 of each year the Administrator shall furnish
copies of each responsible officer's report along with a list
of surplus property indexed by legislative district to the
General Assembly.
This report shall be filed with the Speaker, the Minority
Leader and the Clerk of the House of Representatives and the
President, the Minority Leader and the Secretary of the Senate
and shall be duplicated and made available to the members of
the General Assembly for evaluation by such members for
possible liquidation of unused public property at public sale.
(c) Following receipt of the Annual Real Property
Utilization Report required under paragraph (b), the
Administrator shall notify all State agencies by December 31 of
all declared surplus real property. Any State agency may submit
a written request to the Administrator, within 60 days of the
date of such notification, to have control of surplus real
property transferred to that agency. Such request must indicate
the reason for the transfer and the intended use to be made of
such surplus real property. The Administrator may deny any or
all such requests by a State agency or agencies if the
Administrator determines that it is more advantageous to the
State to dispose of the surplus real property under paragraph

HB0751 Enrolled - 7 - LRB096 05755 DRJ 15826 b
(d). In case requests for the same surplus real property are
received from more than one State agency, the Administrator
shall weigh the benefits to the State and determine to which
agency, if any, to transfer control of such property. The
Administrator shall coordinate the use and disposal of State
surplus real property with any State space utilization program.
(d) Any surplus real property which is not transferred to
the control of another State agency under paragraph (c) shall
be disposed of by the Administrator. No appraisal is required
if during his initial survey of surplus real property the
Administrator determines such property has a fair market value
of less than $5,000. If the value of such property is
determined by the Administrator in his initial survey to be
$5,000 or more, then the Administrator shall obtain 3
appraisals of such real property, one of which shall be
performed by an appraiser residing in the county in which said
surplus real property is located. The average of these 3
appraisals, plus the costs of obtaining the appraisals, shall
represent the fair market value of the surplus real property.
No surplus real property may be conveyed by the Administrator
for less than the fair market value. Prior to offering the
surplus real property for sale to the public the Administrator
shall give notice in writing of the existence and fair market
value of the surplus real property to the governing bodies of
the county and of all cities, villages and incorporated towns
in the county in which such real property is located. Any such

HB0751 Enrolled - 8 - LRB096 05755 DRJ 15826 b
governing body may exercise its option to acquire the surplus
real property for the fair market value within 60 days of the
notice. After the 60 day period has passed, the Administrator
may sell the surplus real property by public auction following
notice of such sale by publication on 3 separate days not less
than 15 nor more than 30 days prior to the sale in the State
newspaper and in a newspaper having general circulation in the
county in which the surplus real property is located. The
Administrator shall post "For Sale" signs of a conspicuous
nature on such surplus real property offered for sale to the
public. If no acceptable offers for the surplus real property
are received, the Administrator may have new appraisals of such
property made. The Administrator shall have all power necessary
to convey surplus real property under this Section. All moneys
received for the sale of surplus real property shall be
deposited in the General Revenue Fund, except that:
(1) Where where moneys expended for the acquisition of
such real property were from a special fund which is still
a special fund in the State treasury, this special fund
shall be reimbursed in the amount of the original
expenditure and any amount in excess thereof shall be
deposited in the General Revenue Fund.
(2) Whenever a State mental health facility operated by
the Department of Human Services is closed and the real
estate on which the facility is located is sold by the
State, the net proceeds of the sale of the real estate

HB0751 Enrolled - 9 - LRB096 05755 DRJ 15826 b
shall be deposited into the Community Mental Health
Medicaid Trust Fund.
(3) Whenever a State developmental disabilities
facility operated by the Department of Human Services is
closed and the real estate on which the facility is located
is sold by the State, the net proceeds of the sale of the
real estate shall be deposited into the Community
Developmental Disability Services Medicaid Trust Fund.
The Administrator shall have authority to order such
surveys, abstracts of title, or commitments for title insurance
as may, in his reasonable discretion, be deemed necessary to
demonstrate to prospective purchasers or bidders good and
marketable title in any property offered for sale pursuant to
this Section. Unless otherwise specifically authorized by the
General Assembly, all conveyances of property made by the
Administrator shall be by quit claim deed.
(e) The Administrator shall submit an annual report on or
before February 1 to the Governor and the General Assembly
containing a detailed statement of surplus real property either
transferred or conveyed under this Section.
(Source: P.A. 85-315.)
Section 15. The Community Services Act is amended by adding
Section 4.6 as follows:
(405 ILCS 30/4.6 new)

HB0751 Enrolled - 10 - LRB096 05755 DRJ 15826 b
Sec. 4.6. Closure and sale of State mental health or
developmental disabilities facility.
(a) Whenever a State mental health facility operated by the
Department of Human Services is closed and the real estate on
which the facility is located is sold by the State, then, to
the extent that net proceeds are realized from the sale of that
real estate, those net proceeds must be directed toward
providing other services and supports for persons with mental
health needs. To that end, those net proceeds shall be
deposited into the Community Mental Health Medicaid Trust Fund.
(b) Whenever a State developmental disabilities facility
operated by the Department of Human Services is closed and the
real estate on which the facility is located is sold by the
State, then, to the extent that net proceeds are realized from
the sale of that real estate, those net proceeds must be
directed toward providing other services and supports for
persons with developmental disabilities needs. To that end,
those net proceeds shall be deposited into the Community
Developmental Disability Services Medicaid Trust Fund.
(c) In determining whether any net proceeds are realized
from a sale of real estate described in subsection (a) or (b),
the Division of Developmental Disabilities and the Division of
Mental Health of the Department of Human Services shall each
determine the money, if any, that shall be made available to
ensure that life, safety, and care concerns, including
infrastructure, are addressed so as to provide for persons with

HB0751 Enrolled - 11 - LRB096 05755 DRJ 15826 b
developmental disabilities or mental illness at the remaining
respective State-operated facilities that will be expected to
serve the individuals previously served at the closed facility.
(d) The purposes for which the net proceeds from a sale of
real estate as provided in this Section may be used include,
but are not limited to, the following:
(1) Providing for individuals with developmental
disabilities and mental health needs the services and
supports described in subsection (e) of Section 4.4.
(2) In the case of the closure of a mental health
facility, the construction of a new facility to serve the
needs of persons with mental health needs.
(3) In the case of the closure of a developmental
disabilities facility, construction of a new facility to
serve the needs of persons with developmental disabilities
needs.
(e) Whenever any net proceeds are realized from a sale of
real estate as provided in this Section, the Department of
Human Services shall share and discuss its plan or plans for
using those net proceeds with advocates, advocacy
organizations, and advisory groups whose mission includes
advocacy for persons with developmental disabilities or
persons with mental illness.
Section 99. Effective date. This Act takes effect upon
becoming law.