91st General Assembly
Summary of HB0182
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House Sponsors:
LANG-SCOTT-BELLOCK-SCHOENBERG-MCKEON, O'BRIEN, 
   WOOLARD, MCCARTHY, CROTTY, BROSNAHAN, LYONS,EILEEN, 
   LINDNER, COWLISHAW, MITCHELL,JERRY, COULSON, DART AND OSMOND.

Senate Sponsors:
RADOGNO-MADIGAN,L-LINK

Short description: 
NURSING HOME CARE ACT-RULES                                                

Synopsis of Bill as introduced:
        Amends the Mental Health  and  Developmental  Disabilities  Code.      
   Makes  a  technical  change  in a provision providing that the State's      
   Attorneys of the several counties shall represent the State  in  cases      
   regarding  admission,  transfer,  and  discharge  procedures  for  the      
   mentally ill.                                                               
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          405 ILCS 5/3-101                                                     
          Adds reference to:                                                   
          20 ILCS 105/4.04                from Ch. 23, par. 6104.04            
          20 ILCS 1705/4                  from Ch. 91 1/2, par. 100-4          
          20 ILCS 1705/7                  from Ch. 91 1/2, par. 100-7          
          20 ILCS 1705/15                 from Ch. 91 1/2, par. 100-15         
          20 ILCS 1705/15.4 new                                                
          20 ILCS 1705/71 new                                                  
          210 ILCS 45/2-101.2 new                                              
          210 ILCS 45/2-104               from Ch. 111 1/2, par. 4152-104      
          210 ILCS 45/2-106               from Ch. 111 1/2, par. 4152-106      
          210 ILCS 45/2-106.1                                                  
          210 ILCS 45/3-203               from Ch. 111 1/2, par. 4153-203      
          210 ILCS 45/3-212               from Ch. 111 1/2, par. 4153-212      
          405 ILCS 5/1-114                from Ch. 91 1/2, par. 1-114          
        Deletes everything.  Amends provisions of the Illinois Act on the      
   Aging relating to the Long Term Care Ombudsman Program.  Provides that      
   the Department on Aging shall cooperate with the Department  of  Human      
   Services  in  providing information and training to sub-State programs      
   about assessment of certain persons with mental illness.   Amends  the      
   Mental  Health  and  Developmental  Disabilities  Administrative Act.       
   Provides that the Department of Human Services shall  issue  quarterly      
   reports  on  all  state-operated  facilities  for the mentally ill and      
   developmentally disabled.  Provides that, no  later  than  January  1,      
   2000,  the  Department  of  Human  Services  shall adopt standards for      
   recording on a  prescribed  form  all  patient  care,  diagnosis,  and      
   treatment  at every facility under the jurisdiction of the Department.      
   Provides that no later than January 1, 2000, every facility under  the      
   jurisdiction  of  the  Department  and  all services provided in those      
   facilities shall comply with all of the applicable  standards  adopted      
   by the Social Security Administration under the Medicare Subchapter of      
   the  federal  Social Security Act.   Makes various changes concerning:      
   pre-discharge  determinations;  discharge  records;  visits  following      
   placement; reports and evaluations; treatment plans; quality assurance      
   for certain persons in long term care facilities; resident assessment;      
   and other matters.  Amends the Nursing Home Care Act.  Makes  numerous      
   changes  concerning  the assessment and care of nursing home residents      
   with mental illness and concerning the evaluation  and  inspection  of      
   facilities  in  which  they  reside.   Amends  the  Mental  Health and      
   Developmental Disabilities  Code.  Includes  institutions  for  mental      
   diseases (as that term is defined in federal law) in the definition of      
   "mental health facility".                                                   
        HOUSE AMENDMENT NO. 2.                                                 
          Adds reference to:                                                   
          210 ILCS 30/6.9 new                                                  
        Amends the Abused and Neglected Long Term Care Facility Residents      
   Reporting Act. Provides that the agency  designated  by  the  Governor      
   under  Section  1  of  the Protection and Advocacy for Developmentally      
   Disabled Persons Act is authorized to review abuse,  neglect,  deaths,      
   and  other  safety-related  issues  in  mental  health  facilities, as      
   defined in the Mental Health and Developmental Disabilities Code,  and      
   the  effectiveness  of  the State's systems that address these issues.      
   Provides that the agency shall have authority to the  same  extent  as      
   that  provided  to  the  Inspector  General of the Department of Human      
   Services. Authorizes the Auditor General to contract with  the  agency      
   designated  by  the Governor to perform the reviews. Provides that the      
   agency shall provide an annual report to the General Assembly and  the      
   Governor no later than April 1 of each year regarding the reviews.          
        HOUSE AMENDMENT NO. 5.                                                 
          Deletes reference to:                                                
          20 ILCS 1705/15.4 new                                                
          20 ILCS 1705/71 new                                                  
          210 ILCS 45/2-101.2 new                                              
          405 ILCS 5/1-114                                                     
          Adds reference to:                                                   
          20 ILCS 1705/4.3                from Ch. 91 1/2, par. 100-4.3        
          210 ILCS 30/6.2                 from Ch. 111 1/2, par. 4166.2        
          210 ILCS 30/6.3                 from Ch. 111 1/2, par. 4166.3        
          210 ILCS 30/6.4                 from Ch. 111 1/2, par. 4166.4        
          210 ILCS 30/6.5                 from Ch. 111 1/2, par. 4166.5        
          210 ILCS 30/6.6                 from Ch. 111 1/2, par. 4166.6        
          210 ILCS 30/6.7                 from Ch. 111 1/2, par. 4166.7        
          210 ILCS 30/6.8                 from Ch. 111 1/2, par. 4166.8        
          210 ILCS 45/1-113               from Ch. 111 1/2, par. 4151-113      
          405 ILCS 5/3-603                from Ch. 91 1/2, par. 3-603          
          405 ILCS 5/3-701                from Ch. 91 1/2, par. 3-701          
          405 ILCS 5/3-704                from Ch. 91 1/2, par. 3-704          
          405 ILCS 5/3-704.1 new                                               
        Deletes everything. Reinserts provisions of the bill  as  amended      
   by  House  Amendment  Nos. 1 and 2,  with various changes, and removes      
   certain provisions concerning quality assurance, resident  assessment,      
   priority of certain provisions, and other matters.   Amends the Mental      
   Health and Developmental Disabilities Code. Provides that the petition      
   for the detention of the respondent for examination in a mental health      
   facility  pending  the  obtaining  of  a  certificate  executed  by  a      
   physician, qualified examiner, or clinical psychologist  that   states      
   that  the  respondent is subject to involuntary admission and requires      
   immediate hospitalization must include a  statement  that  a  diligent      
   effort  has been made to convince the respondent to appear voluntarily      
   for examination unless the  petitioner  reasonably  believes  that  an      
   effort  to  convince the respondent to appear voluntarily would pose a      
   risk of harm to the  respondent  or  others.  Provides  that,  when  a      
   petition  asserting  that  another  person  is  subject to involuntary      
   admission  has  been  filed,  an  inquiry  as  to  whether  there  are      
   reasonable grounds to believe that the facts stated  in  the  petition      
   are  true  may  proceed  without  notice to the respondent only if the      
   petitioner alleges facts showing that an emergency  exists  such  that      
   immediate hospitalization is necessary and the petitioner testifies as      
   to  those facts. Provides that, when a respondent has been transported      
   to a mental health facility for examination, the  facility  shall  ask      
   the  respondent whether he or she wishes any persons to be notified of      
   the admission and that the facility shall, within one hour, attempt to      
   contact at least 2 persons named by the respondent. Provides that  the      
   Illinois Law Enforcement Training Standards Board shall convene a task      
   force  to  recommend  a  model  protocol for the involvement of mental      
   health professionals when a peace officer must transport an individual      
   for a mandatory  mental  health  examination.   Makes  other  changes.      
   Provisions  regarding  the task force are repealed on January 1, 2001.      
   Amends the Abused and Neglected Long Term Facility Residents Reporting      
   Act.  Eliminates  sunset  language  for  the  Office  of the Inspector      
   General. Deletes other repeal provisions. Some parts of the  bill  are      
   effective immediately.                                                      
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          20 ILCS 1705/4                                                       
          20 ILCS 1705/4.3                                                     
          20 ILCS 1705/7                                                       
          20 ILCS 1705/15                                                      
          210 ILCS 30/6.2                                                      
          210 ILCS 30/6.3                                                      
          210 ILCS 30/6.4                                                      
          210 ILCS 30/6.5                                                      
          210 ILCS 30/6.6                                                      
          210 ILCS 30/6.7                                                      
          210 ILCS 30/6.8                                                      
          210 ILCS 30/6.9 new                                                  
          210 ILCS 45/1-113                                                    
          210 ILCS 45/2-104                                                    
          210 ILCS 45/2-106                                                    
          210 ILCS 45/2-106.1                                                  
          210 ILCS 45/3-203                                                    
          210 ILCS 45/3-603                                                    
          405 ILCS 5/3-701                                                     
          405 ILCS 5/3-704                                                     
          405 ILCS 5/3-704.1 new                                               
          Adds reference to:                                                   
          305 ILCS 5/5-5.5                                                     
        Replaces everything after the enacting clause. Amends                  
   the Illinois Act on the Aging. Provides that the Department on              
   Aging shall cooperate with the Department of Human Services in pro-         
   viding information and training to Sub-State programs about assess-         
   ment of certain persons with mental illness. Amends the Nursing Home        
   Care Act in relation to inspections. Adds provisions amending the           
   Illinois Public Aid Code. Requires the Department of Public Aid to          
   publish proposed rules by January 1, 2001 regarding payment for             
   services provided by nursing facilities to residents with serious           
   mental illness. Effective January 1, 2001.                                  
        SENATE AMENDMENT NO. 2.                                                
          Adds reference to:                                                   
          210 ILCS 45/3-202.2 new                                              
        Amends the Nursing Home Care  Act.  Requires  the  Department  of      
   Public  Health  to publish proposed rules by January 1, 2001 regarding      
   the provision of services by nursing facilities to  residents  with  a      
   serious  mental illness.  Also requires the Department of Public Aid's      
   proposed rules regarding payment  for  services  provided  by  nursing      
   facilities  to  residents  with  a  serious  mental illness to include      
   discharge planning. Gives the entire bill an immediate effective date.      
 
Last action on Bill: PUBLIC ACT.............................. 91-0799

   Last action date: 00-06-13

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   3     SENATE -   2


   END OF INQUIRY 
                                                                               



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