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| | HB1683 Enrolled | | LRB098 09601 HLH 39747 b |
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1 | | AN ACT concerning finance.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The State Finance Act is amended by adding |
5 | | Section 5i as follows:
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6 | | (30 ILCS 105/5i new) |
7 | | Sec. 5i. Closure of State mental health facilities or |
8 | | developmental disabilities facilities. Consistent with the |
9 | | provisions of Sections 4.4 and 4.5 of the Community Services |
10 | | Act, whenever a State mental health facility operated by the |
11 | | Department of Human Services or a State developmental |
12 | | disabilities facility operated by the Department of Human |
13 | | Services is closed, the Department of Human Services, at the |
14 | | direction of the Governor, shall transfer funds from the closed |
15 | | facility to the appropriate line item providing appropriation |
16 | | authority for the new venue of care to facilitate the |
17 | | transition of services to the new venue of care, provided that |
18 | | the new venue of care is a Department of Human Services funded |
19 | | provider or facility. |
20 | | As used in this Section, the terms "mental health facility" |
21 | | and "developmental disabilities facility" have the meanings |
22 | | ascribed to those terms in the Mental Health and Developmental |
23 | | Disabilities Code.
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1 | | Section 10. The Community Services Act is amended by |
2 | | changing Section 4.6 as follows:
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3 | | (405 ILCS 30/4.6) |
4 | | Sec. 4.6. Closure and sale of State mental health or |
5 | | developmental disabilities facility. |
6 | | (a) Whenever a State mental health facility operated by the |
7 | | Department of Human Services is closed and the real estate on |
8 | | which the facility is located is sold by the State, then, to |
9 | | the extent that net proceeds are realized from the sale of that |
10 | | real estate, those net proceeds must be directed toward |
11 | | providing
other services and supports for persons with mental |
12 | | health needs. To that end, those net proceeds shall be |
13 | | deposited into the Community Mental Health Medicaid Trust Fund. |
14 | | (b) Whenever a State developmental disabilities facility |
15 | | operated by the Department of Human Services is closed and the |
16 | | real estate on which the facility is located is sold by the |
17 | | State, then, to the extent that net proceeds are realized from |
18 | | the sale of that real estate, those net proceeds must be |
19 | | directed toward providing
other services and supports for |
20 | | persons with developmental disabilities needs. To that end, |
21 | | those net proceeds shall be deposited into the Community |
22 | | Developmental Disability Services Medicaid Trust Fund. |
23 | | (c) In determining whether any net proceeds are realized |
24 | | from a sale of real estate described in subsection (a) or (b), |
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1 | | the Division of Developmental Disabilities and the Division of |
2 | | Mental Health of the Department of Human Services shall each |
3 | | determine the money, if any, that shall be made available to |
4 | | ensure that life, safety, and care concerns, including |
5 | | infrastructure, are addressed so as to provide for persons with |
6 | | developmental disabilities or mental illness at the remaining |
7 | | respective State-operated facilities that will be expected to |
8 | | serve the individuals previously served at the closed facility. |
9 | | (d) The purposes for which the net proceeds from a sale of |
10 | | real estate as provided in this Section may be used include, |
11 | | but are not limited to, the following: |
12 | | (1) Providing for individuals with developmental |
13 | | disabilities and mental health needs the services and |
14 | | supports described in subsection (e) of Section 4.4. |
15 | | (2) In the case of the closure of a mental health |
16 | | facility, the construction of a new facility to serve the |
17 | | needs of persons with mental health needs. |
18 | | (3) In the case of the closure of a developmental |
19 | | disabilities facility, construction of a new facility to |
20 | | serve the needs of persons with developmental disabilities |
21 | | needs. |
22 | | (e) Whenever any net proceeds are realized from a sale of |
23 | | real estate as provided in this Section, the Department of |
24 | | Human Services shall share and discuss its plan or plans for |
25 | | using those net proceeds with advocates, advocacy |
26 | | organizations, and advisory groups whose
mission
includes |