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92nd General Assembly

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Public Act 92-0552

HB4170 Enrolled                                LRB9211305DJgc

    AN ACT in relation to mental health.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5. The Community Mental Health Act is amended by
changing Section 3e as follows:

    (405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e)
    Sec. 3e.  Board's powers and duties.
    (1)  Every   community   mental   health   board   shall,
immediately after appointment,  meet  and  organize,  by  the
election  of  one  of  its  number  as  president  and one as
secretary and such other officers as it may  deem  necessary.
It  shall make rules and regulations concerning the rendition
or operation of services and  facilities  which  it  directs,
supervises  or funds, not inconsistent with the provisions of
this Act or with the rules and regulations of the  Department
of Human Services.  It shall:
         (a)  Hold  a meeting prior to July 1 of each year at
    which officers shall be  elected  for  the  ensuing  year
    beginning July 1;
         (b)  Hold meetings at least quarterly;
         (c)  Hold  special  meetings  upon a written request
    signed  by  at  least  2  members  and  filed  with   the
    secretary;
         (d)  Review  and  evaluate  community  mental health
    services   and   facilities,   including   services   and
    facilities  for  the  treatment   of   alcoholism,   drug
    addiction,    developmental   disabilities   and   mental
    retardation;
         (e)  Submit to the appointing officer,  the  members
    of  the governing body, the Department of Human Services,
    and the Health  Systems  Agency  a  written  plan  for  a
    program   of   community   mental   health  services  and
    facilities including  programs  for  persons  adjudicated
    delinquent  minors  under  the  Juvenile Court Act or the
    Juvenile Court Act of 1987 who are found  to  be  persons
    with  mental  illness,  for  persons with a developmental
    disability and for the substance abuser.  Such plan shall
    be for the ensuing 12 month period.  In addition, a  plan
    shall be developed for the ensuing 3 year period and such
    plan  shall  be  reviewed  at  the  end of every 12 month
    period and shall be modified as  deemed  advisable.   The
    basic  components  of such plans shall be consistent with
    the regulations of the Department of Human Services.
         (f)  Within amounts appropriated  therefor,  execute
    such  programs  and maintain such services and facilities
    as may be authorized under such appropriations, including
    amounts appropriated under bond issues, if any;
         (g)  The board shall cause the  publication  of  its
    annual  budget and report within 60 days after the end of
    the fiscal year  in  a  newspaper  published  within  the
    jurisdiction  of  the  board,  or,  if  no  newspaper  is
    published  within the jurisdiction of the board, then one
    published in the county, or, if no newspaper is published
    in  the  county,  then  in  a  newspaper  having  general
    circulation within the jurisdiction of  the  board.   The
    report  shall  show  the  condition  of its trust of that
    year, the sums of money received from all sources, giving
    the name of any donor, how all monies have been  expended
    and  for  what  purpose,  and  such  other statistics and
    program information in regard to the work of the board as
    it may deem of general interest.  A copy  of  the  budget
    and   the  annual  report  shall  also  be  sent  to  the
    Department of Human Services and to the  regional  Health
    Systems  Agency  and  to  members of the General Assembly
    whose districts include any part of the  jurisdiction  of
    such board.  The names of all employees, consultants, and
    other personnel shall be set forth along with the amounts
    of money received;
         (h)  Consult  with  other  appropriate local private
    and public agencies and the Department of Human  Services
    in  the development of local plans for the most efficient
    delivery of mental health, alcoholism and substance abuse
    services.   The  Board  is  authorized  to  join  and  to
    participate in the activities of  associations  organized
    for the purpose of promoting more efficient and effective
    services and programs;
         (i)  Review  and  comment  on  all  applications for
    grants by any person, corporation, or  governmental  unit
    providing  services  within  the geographical area of the
    board  which  provides  mental  health   facilities   and
    services,  when such facilities and services are included
    in the  board's  one-year  and  3-year  plans,  including
    services  for  the person with a developmental disability
    and the substance abuser.  Grant applicants shall send  a
    copy  of their grant application to the board at the time
    such application is submitted to the Department of  Human
    Services  or to any other local, State or federal funding
    source or governmental agency.  Within  60  days  of  the
    receipt  of  any  application, the board shall submit its
    review and comments to the Department of  Human  Services
    or  to  any  other  appropriate  local,  State or federal
    funding source or governmental agency.   A  copy  of  the
    review  and comments shall be submitted both to the grant
    applicant and to the regional    Health  Systems  Agency.
    Within  60  days  thereafter,  the  Department  of  Human
    Services   or   any  other  appropriate  local  or  State
    governmental agency shall issue a written response to the
    board, to the grant applicant and to the  federal  Health
    Systems  Agency.   The Department of Human Services shall
    supply any community mental health board such information
    about purchase-of-care funds, State facility utilization,
    and costs in its  geographical  area  as  the  board  may
    request  provided  that  the information requested is for
    the  purpose  of  the  Community  Mental   Health   Board
    complying with the requirements of Section 3e, subsection
    (e) of this Act;
         (j)  Perform  such other acts as may be necessary or
    proper to carry out the purposes  of  this  Act,  if  not
    inconsistent  with  the  regulations of the Department of
    Human Services.
    (2)  The community mental health board has the  following
powers may:
         (a)  The   board   may   enter   into  multiple-year
    contracts  for  rendition  or  operation   of   services,
    facilities and educational programs.;
         (b)  The  board  may  arrange  for  the rendition of
    services and operation of facilities by other agencies of
    the governmental unit or county in which the governmental
    unit is located with the approval of the governing body.;
         (c)  The board may employ such personnel,  including
    legal  counsel,  as  may  be  necessary  to carry out the
    purposes of this Act and  prescribe  the  duties  of  and
    establish  salaries  and  provide  other compensation for
    such personnel. The board may  enter  into  multiple-year
    employment   contracts   as  may  be  necessary  for  the
    recruitment and retention of  personnel  and  the  proper
    functioning of the board.;
         (d)  The  board  may  enter into multiple-year joint
    agreements, which shall be written, with other contiguous
    mental health boards and  boards  of  health  to  provide
    jointly  agreed  upon  community mental health facilities
    and services and to pool such  funds  as  may  be  deemed
    necessary and available for this purpose.
         (e)  The   board   may   organize  a  not-for-profit
    corporation for the purpose of providing direct recipient
    services.  Such corporations shall have, in  addition  to
    all  other  lawful  powers,  the  power  to contract with
    persons  to  furnish  services  for  recipients  of   the
    corporation's  facilities,  including  psychiatrists  and
    other  physicians  licensed  in  this  State  to practice
    medicine in all of its branches.  Such  physicians  shall
    be  considered independent contractors, and liability for
    any malpractice shall not extend to such corporation, nor
    to the community mental health board,  except  for  gross
    negligence in entering into such a contract.
         (f)  The   board   shall   not  operate  any  direct
    recipient services for more than  a  2-year  period  when
    such  services  are  being  provided  in the governmental
    unit, but shall  encourage,  by  financial  support,  the
    development  of  private  agencies to deliver such needed
    services, pursuant to regulations of the board.
         (g)  Where there are multiple boards within the same
    planning area, as established by the Department of  Human
    Services,  services  may  be  purchased  through a single
    delivery system.  In such areas, a coordinating body with
    representation from each board shall  be  established  to
    carry out the service functions of this Act. In the event
    any  such  coordinating  body  purchases or improves real
    property, such body shall first obtain  the  approval  of
    the  governing  bodies of the governmental units in which
    the coordinating body is located.
         (h)  The board may enter  into  multiple-year  joint
    agreements  with  other governmental units located within
    the geographical area  of  the  board.   Such  agreements
    shall  be  written and shall provide for the rendition of
    services  by  the  board  to  the   residents   of   such
    governmental  units.   For  this  purpose,  the  board is
    authorized to accept  local  tax  funds  and  funds  made
    available  to  units  of  government through the Federal,
    State and Local Fiscal Assistance Act of 1972.
         (i)  The board may enter  into  multiple-year  joint
    agreements  with the Department of Human Services whereby
    the board will provide certain  services,  the  costs  of
    which  shall be negotiated between the Department and the
    board.  This provision shall not be  construed  to  limit
    the  authority  of  the  board  to  contract  with  other
    federal,  State  and  local  agencies.   All  such  joint
    agreements  must  provide  for  the  exchange of relevant
    data.  However, nothing in this Act shall be construed to
    permit the abridgement of the confidentiality of  patient
    records.;
         (j)  The   board  may  receive  gifts  from  private
    sources for purposes not inconsistent with the provisions
    of this Act.;
         (k)  The board may receive Federal, State and  local
    funds  for  purposes not inconsistent with the provisions
    of this Act.;
         (l)  The board may establish  scholarship  programs.
    Such   programs   shall  require  equivalent  service  or
    reimbursement pursuant to regulations of the board.
         (m)  The  board  may  sell,  rent,  or  lease   real
    property for purposes consistent with this Act.
         (n)  The  board  may:  (i)  own real property, lease
    real property as lessee,  or  acquire  real  property  by
    purchase,   construction,  lease-purchase  agreement,  or
    otherwise; (ii) take title to the property in the board's
    name; (iii) borrow  money  and  issue  debt  instruments,
    mortgages,  purchase-money  mortgages, and other security
    instruments  with  respect  to  the  property;  and  (iv)
    maintain, repair, remodel, or improve the  property.  All
    of  these activities must be for purposes consistent with
    this Act as may be reasonably necessary for  the  housing
    and  proper  functioning  of the board. The board may use
    moneys in the Community  Mental  Health  Fund  for  these
    purposes.  Within  amounts  appropriated by the governing
    body for such purpose, own or purchase real property  for
    purposes consistent with this Act and borrow money not to
    exceed the real value of the property.
         (o)  The   board   may   organize  a  not-for-profit
    corporation (i) for the purpose of raising  money  to  be
    distributed  by  the board for providing community mental
    health services  and  facilities  for  the  treatment  of
    alcoholism,  drug  addiction, developmental disabilities,
    and mental retardation or (ii)  for  other  purposes  not
    inconsistent with this Act.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly April 18, 2002.
    Approved June 24, 2002.
    Effective June 24, 2002.

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