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Public Act 100-0012


 

Public Act 0012 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0012
 
HB3703 EnrolledLRB100 05515 RLC 15527 b

    AN ACT concerning mental health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Out-of-State Person Subject to Involuntary Admission on an
Inpatient Basis Mental Health Treatment Act.
 
    Section 5. Definitions. As used in this Act:
    "Department" means the Department of Human Services.
    "Eastern Iowa Mental Health Region" means the Iowa counties
of Cedar, Clinton, Jackson, Muscatine, and Scott.
    "Person subject to involuntary admission on an inpatient
basis", "mental health facility", and "recipient" have the
meanings ascribed to them in the Mental Health and
Developmental Disabilities Code.
    "Pilot project area" means the Eastern Iowa Mental Health
Region and Rock Island County, Illinois.
    "Receiving agency" means a mental health facility located
in Rock Island, Illinois which accepts and provides treatment
to a person from the sending state.
    "Receiving state" means Illinois.
    "Sending state" means Iowa.
 
    Section 10. Pilot project reciprocal agreement. On or
before January 1, 2018, there is created a 2-year mental health
pilot project for which the receiving agency 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 receiving agency in this State for which the
Iowa court shall have jurisdiction over the recipient while
committed to a receiving agency in this State as provided under
Section 331.910 of the Iowa Code. 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 receiving agency in this State may receive inpatient
treatment in the sending state. The sending state or receiving
agency 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.
 
    Section 15. Reciprocal agreement. For the purpose of the
pilot project, the reciprocal agreement is limited to court
orders issued by the courts in the Eastern Iowa Mental Health
Region and in Rock Island County, Illinois. Court orders valid
under the law of the sending state are granted recognition and
reciprocity in the receiving state's respective pilot project
area to the extent that the court orders relate to commitment
for inpatient treatment of a mental illness. The court orders
are not subject to legal challenge in the courts of the
receiving state. Persons who are detained, committed or placed
under the law of a sending state and who are transferred to a
receiving state under this Section continue to be in the legal
custody of the authority responsible for them under the law of
the sending state. Except in emergencies, those persons may not
be transferred, removed, or furloughed from a facility of the
receiving agency without the specific approval of the authority
responsible for them under the law of the sending state. The
receiving facility, whether public or private, must agree to
the transfer from the sending state before a transfer takes
place. Specifically excluded from this pilot project are those
persons who are involved in criminal proceedings.
 
    Section 20. Applicable law. While in the receiving state, a
person shall be subject to all of the provisions of law, rules,
and regulations applicable to persons detained, committed, or
placed under the corresponding laws of the receiving state,
except those laws, rules, and regulations of the receiving
state relating to length of commitment, reexaminations, and
extensions of commitment or recommitment and except as
otherwise provided by this Act. Specifically, the laws of the
receiving state on emergency use of psychotropic medication and
the procedures for involuntary forced psychotropic medications
shall apply to the person while in the receiving state. The
laws, rules, and regulations of the sending state relating to
length of commitment, reexaminations, and extensions of
commitment or recommitment shall apply.
 
    Section 25. Records. Treatment records shall be managed in
accordance with the laws of the receiving state.
 
    Section 30. Receiving agency responsibility.
    (a) The receiving agency shall secure a re-examination for
a person and arrange any extension or recommitment of a
person's period of commitment. The receiving agency shall
arrange transportation of persons from the receiving facility.
    (b) If a person receiving services under a contract under
this Act escapes from the receiving agency and the person at
the time of the escape is subject to involuntary admission
under the law of the sending state, the receiving agency shall
use all reasonable means to recapture the escapee. The
receiving agency shall immediately report the escape to the
sending state. The receiving state has the primary
responsibility for, and may direct, the pursuit, retaking, and
prosecution of escaped persons within its jurisdiction.
    (c) The receiving agency shall seek reimbursement from
public or private insurance or from the county of residence or
the sending state.
 
    Section 35. Residence not established. No person
establishes legal residence in the state where the receiving
agency is located while the person is receiving services under
this Act.
 
    Section 40. Report to the Department. The receiving agency
shall submit to the Department demographic information on the
number of persons served in this pilot project, lengths of
stay, cost data, and any specific problems or concerns that
were raised during their stay. The agency shall also provide
information about the number of Illinois residents who were
served during the same period and whether any Illinois
residents were denied services due to this pilot project. The
receiving agency shall also notify other providers, hospitals,
courts, law enforcement organizations, and advocacy
organizations in the pilot project area on or before July 1,
2019 of the report to the Department on the pilot project and
ask them to supply any comments to the Department. The
receiving agency shall provide the information on or before
August 1, 2019.
 
    Section 45. Repeal. This Act is repealed on January 1,
2020.
 
    Section 99. Effective date. This Act takes effect July 1,
2017.

Effective Date: 07/01/2017