Bill Text: IL SB1623 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Creates the Community Mental Health Services Accountability Act. Requires the Department of Human Services to draft and present no later than July 1, 2011 new administrative rules governing all community residential mental health services that are currently governed by the Illinois Administrative Code. Requires the new rules to include, but not be limited to, standards for environmental management of living arrangements; administrative requirements; monitoring and review; and licensure requirements. Contains provisions concerning the drafting and presentation of rules stipulating life safety standards; rules designed for supportive housing facilities; and the creation of an Outcome Monitoring Pilot Program. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Passed) 2011-08-23 - Public Act . . . . . . . . . 97-0529 [SB1623 Detail]
Download: Illinois-2011-SB1623-Chaptered.html
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Public Act 097-0529 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Mental Health and Developmental | ||||
Disabilities Administrative Act is amended by adding Section 73 | ||||
as follows:
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(20 ILCS 1705/73 new) | ||||
Sec. 73. Report; Williams v. Quinn consent decree. | ||||
(a) Annual Report. | ||||
(1) No later that December 31, 2011, and on December | ||||
31st of each of the following 4 years, the Department of | ||||
Human Services shall prepare and submit an annual report to | ||||
the General Assembly concerning the implementation of the | ||||
Williams v. Quinn consent decree and other efforts to move | ||||
persons with mental illnesses from institutional settings | ||||
to community-based settings. This report shall include: | ||||
(A) The number of persons who have been moved from | ||||
long-term care facilities to community-based settings | ||||
during the previous year and the number of persons | ||||
projected to be moved during the next year. | ||||
(B) Any implementation or compliance reports | ||||
prepared by the State for the Court or the | ||||
court-appointed monitor in Williams v. Quinn. |
(C) Any reports from the court-appointed monitor | ||
or findings by the Court reflecting the Department's | ||
compliance or failure to comply with the Williams v. | ||
Quinn consent decree and any other order issued during | ||
that proceeding. | ||
(D) Statistics reflecting the number and types of | ||
community-based services provided to persons who have | ||
been moved from long-term care facilities to | ||
community-based settings. | ||
(E) Any additional community-based services which | ||
are or will be needed in order to ensure maximum | ||
community integration as provided for by the Williams | ||
v. Quinn consent decree, and the Department's plan for | ||
providing these services. | ||
(F) Any and all costs associated with | ||
transitioning residents from institutional settings to | ||
community-based settings, including, but not limited | ||
to, the cost of residential services, the cost of | ||
outpatient treatment, and the cost of all community | ||
support services facilitating the community-based | ||
setting. | ||
(2) The requirement for reporting to the General | ||
Assembly shall be satisfied by filing copies of the report | ||
with the Speaker, Minority Leader, and Clerk of the House | ||
of Representatives; the President, Minority Leader, and | ||
Secretary of the Senate; and the Legislative Research Unit, |
as required by Section 3.1 of the General Assembly | ||
Organization Act, and by filing additional copies with the | ||
State Government Report Distribution Center for the | ||
General Assembly as required under paragraph (t) of Section | ||
7 of the State Library Act. | ||
(b) Department rule. The Department of Human Services shall | ||
draft and promulgate a new rule governing community-based | ||
residential settings.
The new rule for community-based | ||
residential settings shall include settings that offer to | ||
persons with serious mental illness (i) community-based | ||
residential recovery-oriented mental health care, treatment, | ||
and services; and (ii) community-based residential mental | ||
health and co-occurring substance use disorder care, | ||
treatment, and services. | ||
Community-based residential settings shall honor a | ||
consumer's choice as well as a consumer's right to live in the: | ||
(1) Least restrictive environment. | ||
(2) Most appropriate integrated setting. | ||
(3) Least restrictive environment and most appropriate | ||
integrated setting designed to assist the individual in | ||
living in a safe, appropriate, and therapeutic | ||
environment. | ||
(4) Least restrictive environment and most appropriate | ||
integrated setting that affords the person the opportunity | ||
to live similarly to persons without serious mental | ||
illness. |
The new rule for community-based residential settings | ||
shall be drafted in such a manner as to delineate | ||
State-supported care, treatment, and services appropriately | ||
governed within the new rule, and shall continue eligibility | ||
for eligible individuals in programs governed by Title 59, Part | ||
132 of the Illinois Administrative Code.
The Department shall | ||
draft a new rule for community-based residential settings by | ||
January 1, 2012. The new rule must include, but shall not be | ||
limited to, standards for: | ||
(i) Administrative requirements. | ||
(ii) Monitoring, review, and reporting. | ||
(iii) Certification requirements. | ||
(iv) Life safety. | ||
(c) Study of housing and residential services. By no later | ||
than October 1, 2011, the Department shall conduct a statewide | ||
study to assess the existing types of community-based housing | ||
and residential services currently being provided to | ||
individuals with mental illnesses in Illinois. This study shall | ||
include State-funded and federally funded housing and | ||
residential services. The results of this study shall be used | ||
to inform the rulemaking process outlined in subsection (b).
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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