HB5481 98TH GENERAL ASSEMBLY

LRB098 17982 RLC 53107 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5481

Introduced , by Rep. Charles E. Meier

SYNOPSIS AS INTRODUCED:

405 ILCS 30/4.6

Amends the Community Services Act. Provides that the Department of Human Services shall for a 6-month period from the effective date of the amendatory Act observe and track the progress of former residents of the Jacksonville Developmental Center who were removed from that facility after January 1, 2012. Provides that after the 6-month observation and tracking period, the Department of Human Services shall submit a report to the General Assembly that describes: (1) the new venues of care for the former residents of the Jacksonville Developmental Center; (2) costs to the Department of Human Services as a result of the closure of the Jacksonville Developmental Center; (3) cost savings or increases to the Department of Human Services due to the new venues of care for the former residents of the Jacksonville Developmental Center; and (4) the injuries or deaths to former residents of the Jacksonville Developmental Center in their new venues of care. Provides that the report must be submitted to the General Assembly within one year after the effective date of the amendatory Act. Provides that from the effective date of the amendatory Act until 3 months after the filing of the report with the General Assembly, the Department of Human Services may not remove a resident from any State-operated developmental center without the consent of the resident of the center or the guardian of that resident. Effective immediately.

A BILL FOR

AN ACT concerning mental health.

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

Section 5. The Community Services Act is amended by changing Section 4.6 as follows:

(405 ILCS 30/4.6)

Sec. 4.6. Closure and sale of State mental health or developmental disabilities facility.

(a) Whenever a State mental health facility operated by the Department of Human Services is closed and the real estate on which the facility is located is sold by the State, then, to the extent that net proceeds are realized from the sale of that real estate, those net proceeds must be directed toward providing other services and supports for persons with mental health needs. To that end, those net proceeds shall be deposited into the Community Mental Health Medicaid Trust Fund.

(b) Whenever a State developmental disabilities facility operated by the Department of Human Services is closed and the real estate on which the facility is located is sold by the State, then, to the extent that net proceeds are realized from the sale of that real estate, those net proceeds must be directed toward providing other services and supports for persons with developmental disabilities needs. To that end, those net proceeds shall be deposited into the Community Developmental Disability Services Medicaid Trust Fund.

(c) In determining whether any net proceeds are realized from a sale of real estate described in subsection (a) or (b), the Division of Developmental Disabilities and the Division of Mental Health of the Department of Human Services shall each determine the money, if any, that shall be made available to ensure that life, safety, and care concerns, including infrastructure, are addressed so as to provide for persons with developmental disabilities or mental illness at the remaining respective State-operated facilities that will be expected to serve the individuals previously served at the closed facility.

(d) The purposes for which the net proceeds from a sale of real estate as provided in this Section may be used include, but are not limited to, the following:

(1) Providing for individuals with developmental disabilities and mental health needs the services and supports described in subsection (e) of Section 4.4.

(2) In the case of the closure of a mental health facility, the construction of a new facility to serve the needs of persons with mental health needs.

(3) In the case of the closure of a developmental disabilities facility, construction of a new facility to serve the needs of persons with developmental disabilities needs.

(e) Whenever any net proceeds are realized from a sale of real estate as provided in this Section, the Department of Human Services shall share and discuss its plan or plans for using those net proceeds with advocates, advocacy organizations, and advisory groups whose mission includes advocacy for persons with developmental disabilities or persons with mental illness.

(f) Consistent with the provisions of Sections 4.4 and 4.5 of this Act, whenever a State mental health facility operated by the Department of Human Services is closed, the Department of Human Services, at the direction of the Governor, shall transfer funds from the closed facility to the appropriate line item providing appropriation authority for the new venue of care to facilitate the transition of services to the new venue of care, provided that the new venue of care is a Department of Human Services funded provider or facility.

(g) As used in this Section, the term "mental health facility" has the meaning ascribed to that term in the Mental Health and Developmental Disabilities Code.

(h) The Department of Human Services shall for a 6-month period from the effective date of this amendatory Act of the 98th General Assembly observe and track the progress of former residents of the Jacksonville Developmental Center who were removed from that facility after January 1, 2012. After the 6-month observation and tracking period, the Department of Human Services shall submit a report to the General Assembly that describes:

(1) the new venues of care for the former residents of the Jacksonville Developmental Center;

(2) costs to the Department of Human Services as a result of the closure of the Jacksonville Developmental Center;

(3) cost savings or increases to the Department of Human Services due to the new venues of care for the former residents of the Jacksonville Developmental Center; and

(4) the injuries or deaths to former residents of the Jacksonville Developmental Center in their new venues of care.

The report must be submitted to the General Assembly within one year after the effective date of this amendatory Act of the 98th General Assembly.

From the effective date of this amendatory Act of the 98th General Assembly until 3 months after the filing of the report with the General Assembly, the Department of Human Services may not remove a resident from any State-operated developmental center without the consent of the resident of the center or the guardian of that resident.

(Source: P.A. 98-403, eff. 1-1-14.)

Section 99. Effective date. This Act takes effect upon becoming law.