Bill Text: IL HB4636 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Mental Health and Developmental Disabilities Code. Provides that notice of a recipient's rights shall include, if applicable, the recipient's right to request a transfer to a different Department of Human Services' facility. Provides that a recipient in any Department facility, his or her attorney, guardian (if any), or responsible relative may make a written application to the facility director of the recipient's current facility to transfer to another Department facility. Provides that the Department shall provide the form to make such an application to a recipient, his or her attorney, guardian (if any), or responsible relative upon request. Provides that upon receipt of the recipient's application, the facility director shall promptly schedule a hearing to be held within 7 days. Provides that the hearing shall be held at the recipient's current facility. Establishes the burden of proof that the recipient must show in order to be transferred. Provides that if the utilization review committee finds that the recipient has sustained his or her burden and the request for transfer is supported by substantial evidence, it shall recommend that the transfer proceed within 30 days. Provides that if it does not so find, it shall recommend that the recipient not be transferred. Provides that if a recipient's application for transfer is denied, no application may be filed for 180 days. Provides that the recipient does, however, have the right to administratively appeal any decision of the utilization review committee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-05 - Referred to Rules Committee [HB4636 Detail]

Download: Illinois-2019-HB4636-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4636 Introduced , by Rep. Debbie Meyers-Martin SYNOPSIS AS INTRODUCED:
405 ILCS 5/2-200 from Ch. 91 1/2, par. 2-200
405 ILCS 5/3-207 from Ch. 91 1/2, par. 3-207
405 ILCS 5/3-908 from Ch. 91 1/2, par. 3-908
Amends the Mental Health and Developmental Disabilities Code. Provides that notice of a recipient's rights shall include, if applicable, the recipient's right to request a transfer to a different Department of Human Services' facility. Provides that a recipient in any Department facility, his or her attorney, guardian (if any), or responsible relative may make a written application to the facility director of the recipient's current facility to transfer to another Department facility. Provides that the Department shall provide the form to make such an application to a recipient, his or her attorney, guardian (if any), or responsible relative upon request. Provides that upon receipt of the recipient's application, the facility director shall promptly schedule a hearing to be held within 7 days. Provides that the hearing shall be held at the recipient's current facility. Establishes the burden of proof that the recipient must show in order to be transferred. Provides that if the utilization review committee finds that the recipient has sustained his or her burden and the request for transfer is supported by substantial evidence, it shall recommend that the transfer proceed within 30 days. Provides that if it does not so find, it shall recommend that the recipient not be transferred. Provides that if a recipient's application for transfer is denied, no application may be filed for 180 days. Provides that the recipient does, however, have the right to administratively appeal any decision of the utilization review committee.
LRB101 19394 RLC 68866 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB4636 LRB101 19394 RLC 68866 b
AN ACT concerning health.
WHEREAS, The Mental Health and Developmental Disabilities
Code sets forth important procedural protections when a
recipient is initially transferred between Department of Human
Services' facilities, but has no explicit procedural
protection outside of this initial transfer period; and
WHEREAS, It is the intent of this Act to protect the
liberty interests and to mitigate harm to Department of Human
Services' recipients; therefore
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 2-200, 3-207,
and 3-908 as follows:
(405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
Sec. 2-200. (a) Upon commencement of services, or as soon
thereafter as the condition of the recipient permits, every
adult recipient, as well as the recipient's guardian or
substitute decision maker, and every recipient who is 12 years
of age or older and the parent or guardian of a minor or person
under guardianship shall be informed orally and in writing of

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the rights guaranteed by this Chapter which are relevant to the
nature of the recipient's services program. The notice shall
include, if applicable, the recipient's right to request a
transfer to a different Department facility under Section 3-
908. Every facility shall also post conspicuously in public
areas a summary of the rights which are relevant to the
services delivered by that facility as well as contact
information for the Guardianship and Advocacy Commission and
the agency designated by the Governor under Section 1 of the
Protection and Advocacy for Persons with Developmental
Disabilities Act.
(b) A recipient who is 12 years of age or older and the
parent or guardian of a minor or person under guardianship at
any time may designate, and upon commencement of services shall
be informed of the right to designate, a person or agency to
receive notice under Section 2-201 or to direct that no
information about the recipient be disclosed to any person or
agency.
(c) Upon commencement of services, or as soon thereafter as
the condition of the recipient permits, the facility shall ask
the adult recipient or minor recipient admitted pursuant to
Section 3-502 whether the recipient wants the facility to
contact the recipient's spouse, parents, guardian, close
relatives, friends, attorney, advocate from the Guardianship
and Advocacy Commission or the agency designated by the
Governor under Section 1 of the Protection and Advocacy for

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Persons with Developmental Disabilities Act, or others and
inform them of the recipient's presence at the facility. The
facility shall by phone or by mail contact at least two of
those people designated by the recipient and shall inform them
of the recipient's location. If the recipient so requests, the
facility shall also inform them of how to contact the
recipient.
(d) Upon commencement of services, or as soon thereafter as
the condition of the recipient permits, the facility shall
advise the recipient as to the circumstances under which the
law permits the use of emergency forced medication or
electroconvulsive therapy under subsection (a) of Section
2-107, restraint under Section 2-108, or seclusion under
Section 2-109. At the same time, the facility shall inquire of
the recipient which form of intervention the recipient would
prefer if any of these circumstances should arise. The
recipient's preference shall be noted in the recipient's record
and communicated by the facility to the recipient's guardian or
substitute decision maker, if any, and any other individual
designated by the recipient. If any such circumstances
subsequently do arise, the facility shall give due
consideration to the preferences of the recipient regarding
which form of intervention to use as communicated to the
facility by the recipient or as stated in the recipient's
advance directive.
(Source: P.A. 100-915, eff. 1-1-19.)

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(405 ILCS 5/3-207) (from Ch. 91 1/2, par. 3-207)
Sec. 3-207. (a) Hearings under Sections 3-405, 3-904,
3-908, and 3-911 of this Chapter shall be conducted by a
utilization review committee. The Secretary shall appoint a
utilization review committee at each Department facility. Each
such committee shall consist of a multi-disciplinary group of
professional staff members who are trained and equipped to deal
with the clinical and treatment needs of recipients. The
recipient and the objector may be represented by persons of
their choice.
(b) The committee shall not be bound by rules of evidence
or procedure but shall conduct the proceedings in a manner
intended to ensure a fair hearing. The committee may make such
investigation as it deems necessary. A record of the
proceedings shall be made and shall be kept in the recipient's
record. Within 3 days of conclusion of the hearing, the
committee shall submit to the facility director its written
recommendations which include its factual findings and
conclusions. A copy of the recommendations shall be given to
the recipient and the objector.
(c) Within 7 days of receipt of the recommendations, the
facility director shall give written notice to the recipient
and objector of his acceptance or rejection of the
recommendations and his reason therefor. If the director of the
facility rejects the recommendations or if the recipient or

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objector requests review of the director's decision, the
director shall promptly forward a copy of his decision, the
recommendations, and the record of the hearing to the Secretary
of the Department for final review. The decision of the
director or the decision of the Secretary of the Department, if
his review was requested, shall be considered a final
administrative decision.
(Source: P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/3-908) (from Ch. 91 1/2, par. 3-908)
Sec. 3-908.
(a) The facility director of any Department facility may
transfer a recipient to another Department facility if he
determines the transfer to be clinically advisable and
consistent with the treatment needs of the recipient.
(b) A recipient in any Department facility, his or her
attorney, guardian (if any), or responsible relative may make a
written application to the facility director of the recipient's
current facility to transfer to another Department facility.
The Department shall provide the form to make such an
application to a recipient, his or her attorney, guardian (if
any), or responsible relative upon request.
A recipient of services eligible to apply under this
subsection (b) shall not include persons with the primary
diagnosis of a developmental disability.
(c) Upon receipt of the recipient's application, the

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facility director shall promptly schedule a hearing to be held
by the utilization review committee within 7 days under Section
3-207. The hearing shall be held at the recipient's current
facility.
(d) At the hearing, the recipient shall have the burden of
proving that:
(1) the facility to which the recipient is requesting a
transfer to a less restrictive facility that provides
treatment which is more clinically appropriate for the
recipient; and
(2) the transfer does not threaten the safety of the
recipient or others.
(e) If the utilization review committee finds that the
recipient has sustained his or her burden and the request for
transfer is supported by substantial evidence, it shall
recommend that the transfer proceed within 30 days. If it does
not so find, it shall recommend that the recipient not be
transferred.
(f) If a recommended transfer cannot be currently made due
to lack of space at the receiving facility, that facility shall
inform the recipient and his or her petitioning attorney or
guardian, in writing, and provide an estimated time frame for
the completion of the transfer.
(g) If a recipient's application for transfer is denied, no
application under this Section may be filed by or for the
recipient for 180 days after the date of the denial. The

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recipient does, however, have the right to administratively
appeal any decision of the utilization review committee.
If the recipient refuses the transfer recommended under
subsection (e), no application under this Section may be filed
by or for the recipient for 180 days after the date of the
recipient's refusal.
(Source: P.A. 88-380.)