100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3703

 

Introduced , by Rep. Michael Halpin

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Out-of State Person Subject to Involuntary Admission on an Inpatient Basis Mental Health Treatment Act. Provides that on or before January 1, 2018, there is created a 2-year mental health pilot project for which a mental health facility located in Rock Island County, Illinois may accept the admission of an Iowa resident from the Eastern Iowa Mental Health Region who is a person subject to involuntary admission on an inpatient basis under an order issued by an Iowa court for treatment at a mental health facility in this State for which the Iowa court shall have jurisdiction over the recipient while committed to a mental health facility in this State. Provides that the pilot project shall also provide that a resident of Rock Island County, Illinois who is a person subject to involuntary admission on an inpatient basis under an order issued by a court of this State for treatment at a mental health facility in this State may receive inpatient treatment in an Iowa mental health facility. Provides that the Iowa or Illinois mental health facility shall provide mental health services to the recipient for the duration of the court order and shall return the recipient to his or her state of legal residence upon discharge. If a recipient has to enter a State-operated facility, the recipient must be returned to his or her state of legal residence. Defines "Eastern Iowa Mental Health Region", "person subject to involuntary admission on an inpatient basis", "mental health facility", "Pilot project area", "receiving agency", "receiving state", and "sending state". Provides that the Act is repealed on January 1, 2020. Effective July 1, 2017.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning mental health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Out-of
5State Person Subject to Involuntary Admission on an Inpatient
6Basis Mental Health Treatment Act.
 
7    Section 5. Definitions. As used in this Act:
8    "Department" means the Department of Human Services.
9    "Eastern Iowa Mental Health Region" means the counties of
10Cedar, Clinton, Jackson, Muscatine, and Scott Iowa.
11    "Person subject to involuntary admission on an inpatient
12basis", "mental health facility", and "recipient" have the
13meanings ascribed to them in the Mental Health and
14Developmental Disabilities Code.
15    "Pilot project area" means the Eastern Iowa Mental Health
16Region and Rock Island, County Illinois.
17    "Receiving agency" means the agency which accepts and
18provides treatment to a person from a state other than the one
19in which the agency is located.
20    "Receiving state" means the state where the receiving
21agency is located.
22    "Sending state" means the state which sends a person to
23another state for treatment.
 

 

 

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1    Section 10. Pilot project reciprocal agreement. On or
2before January 1, 2018, there is created a 2-year mental health
3pilot project for which a mental health facility located in
4Rock Island County, Illinois may accept the admission of an
5Iowa resident from the Eastern Iowa Mental Health Region who is
6a person subject to involuntary admission on an inpatient basis
7under an order issued by an Iowa court for treatment at a
8mental health facility in this State for which the Iowa court
9shall have jurisdiction over the recipient while committed to a
10mental health facility in this State as provided under Section
11331.910 of the Iowa Code. The pilot project shall also provide
12that a resident of Rock Island County, Illinois who is a person
13subject to involuntary admission on an inpatient basis under an
14order issued by a court of this State for treatment at a mental
15health facility in this State may receive inpatient treatment
16in an Iowa mental health facility. The Iowa or Illinois mental
17health facility shall provide mental health services to the
18recipient for the duration of the court order and shall return
19the recipient to his or her state of legal residence upon
20discharge. If a recipient has to enter a State-operated
21facility, the recipient must be returned to his or her state of
22legal residence.
 
23    Section 15. Reciprocal agreement. For the purpose of the
24pilot project, the reciprocal agreement is limited to court

 

 

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1orders issued by the courts in the Eastern Iowa Mental Health
2Region and in Rock Island County, Illinois. Court orders valid
3under the law of the sending state are granted recognition and
4reciprocity in the receiving state's respective pilot project
5area to the extent that the court orders relate to commitment
6for inpatient treatment of a mental illness. The court orders
7are not subject to legal challenge in the courts of the
8receiving state. Persons who are detained, committed or placed
9under the law of a sending state and who are transferred to a
10receiving state under this Section continue to be in the legal
11custody of the authority responsible for them under the law of
12the sending state. Except in emergencies, those persons may not
13be transferred, removed, or furloughed from a facility of the
14receiving agency without the specific approval of the authority
15responsible for them under the law of the sending state. The
16receiving facility, whether public or private, must agree to
17the transfer from the sending state before a transfer takes
18place. Specifically excluded from this pilot project are those
19persons who are involved in criminal proceedings.
 
20    Section 20. Applicable law. While in the receiving state, a
21person shall be subject to all of the provisions of law, rules,
22and regulations applicable to persons detained, committed, or
23placed under the corresponding laws of the receiving state,
24except those laws, rules, and regulations of the receiving
25state relating to length of commitment, reexaminations, and

 

 

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1extensions of commitment or recommitment and except as
2otherwise provided by this Act. Specifically, the laws of the
3receiving state on emergency use of psychotropic medication and
4the procedures for involuntary forced psychotropic medications
5shall apply to the person while in the receiving state. The
6laws, rules, and regulations of the sending state relating to
7length of commitment, reexaminations, and extensions of
8commitment or recommitment shall apply.
 
9    Section 25. Records. Treatment records shall be managed in
10accordance with the laws of the receiving state.
 
11    Section 30. Receiving agency responsibility.
12    (a) The receiving agency shall secure a re-examination for
13a person and arrange any extension or recommitment of a
14person's period of commitment. The receiving agency shall
15arrange transportation of persons from the receiving facility.
16    (b) If a person receiving services under a contract under
17this Act escapes from the receiving agency and the person at
18the time of the escape is subject to involuntary admission
19under the law of the sending state, the receiving agency shall
20use all reasonable means to recapture the escapee. The
21receiving agency shall immediately report the escape to the
22sending agency. The receiving state has the primary
23responsibility for, and may direct, the pursuit, retaking, and
24prosecution of escaped persons within its jurisdiction.

 

 

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1    (c) The receiving agency shall seek reimbursement from
2public or private insurance or from the county of residence or
3the sending state.
 
4    Section 35. Residence not established. No person
5establishes legal residence in the state where the receiving
6agency is located while the person is receiving services under
7this Act.
 
8    Section 40. Report to the General Assembly. The receiving
9agency shall submit to the Department demographic information
10on the number of persons served in this pilot project, lengths
11of stay, cost data, any specific problems or concerns that were
12raised during their stay. The agency shall also provide
13information about the number of Illinois residents who were
14served during the same period and whether any Illinois
15residents were denied services due to this pilot project. The
16receiving agency shall also notify other providers, hospitals,
17courts, law enforcement organizations, and advocacy
18organizations in the pilot project area on or before July 1,
192019 of the report to the General Assembly on the pilot project
20and ask them to supply any comments to the Department. The
21receiving agency shall provide the information on or before
22August 1, 2019. The Department shall submit a report to the
23General Assembly on or before October 31, 2019 that includes a
24review of the program, including a cost analysis to the State

 

 

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1of Illinois during the pilot project, as well as
2recommendations on whether the program should be extended or
3become permanent. Mental health facilities in the pilot project
4area shall supply the Department with any necessary data in
5order to satisfy the report.
 
6    Section 45. Repeal. This Act is repealed on January 1,
72020.
 
8    Section 99. Effective date. This Act takes effect July 1,
92017.