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Public Act 098-0403
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HB1683 Enrolled | LRB098 09601 HLH 39747 b |
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The State Finance Act is amended by adding |
Section 5i as follows:
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(30 ILCS 105/5i new) |
Sec. 5i. Closure of State mental health facilities or |
developmental disabilities facilities. Consistent with the |
provisions of Sections 4.4 and 4.5 of the Community Services |
Act, whenever a State mental health facility operated by the |
Department of Human Services or a State developmental |
disabilities facility operated by the Department of Human |
Services is closed, the Department of Human Services, at the |
direction of the Governor, shall transfer funds from the closed |
facility to the appropriate line item providing appropriation |
authority for the new venue of care to facilitate the |
transition of services to the new venue of care, provided that |
the new venue of care is a Department of Human Services funded |
provider or facility. |
As used in this Section, the terms "mental health facility" |
and "developmental disabilities facility" have the meanings |
ascribed to those terms in the Mental Health and Developmental |
Disabilities Code.
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Section 10. The Community Services Act is amended by |
changing Section 4.6 as follows:
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(405 ILCS 30/4.6) |
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), |
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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 |
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 |