Rep. Charles E Meier

Filed: 4/8/2013

 

 


 

 


 
09800HB1731ham001LRB098 06699 RLC 43433 a

1
AMENDMENT TO HOUSE BILL 1731

2    AMENDMENT NO. ______. Amend House Bill 1731 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Community Services Act is amended by
5changing Section 4.6 as follows:
 
6    (405 ILCS 30/4.6)
7    Sec. 4.6. Closure and sale of State mental health or
8developmental disabilities facility.
9    (a) Whenever a State mental health facility operated by the
10Department of Human Services is closed and the real estate on
11which the facility is located is sold by the State, then, to
12the extent that net proceeds are realized from the sale of that
13real estate, those net proceeds must be directed toward
14providing other services and supports for persons with mental
15health needs. To that end, those net proceeds shall be
16deposited into the Community Mental Health Medicaid Trust Fund.

 

 

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1    (b) Whenever a State developmental disabilities facility
2operated by the Department of Human Services is closed and the
3real estate on which the facility is located is sold by the
4State, then, to the extent that net proceeds are realized from
5the sale of that real estate, those net proceeds must be
6directed toward providing other services and supports for
7persons with developmental disabilities needs. To that end,
8those net proceeds shall be deposited into the Community
9Developmental Disability Services Medicaid Trust Fund.
10    (c) In determining whether any net proceeds are realized
11from a sale of real estate described in subsection (a) or (b),
12the Division of Developmental Disabilities and the Division of
13Mental Health of the Department of Human Services shall each
14determine the money, if any, that shall be made available to
15ensure that life, safety, and care concerns, including
16infrastructure, are addressed so as to provide for persons with
17developmental disabilities or mental illness at the remaining
18respective State-operated facilities that will be expected to
19serve the individuals previously served at the closed facility.
20    (d) The purposes for which the net proceeds from a sale of
21real estate as provided in this Section may be used include,
22but are not limited to, the following:
23        (1) Providing for individuals with developmental
24    disabilities and mental health needs the services and
25    supports described in subsection (e) of Section 4.4.
26        (2) In the case of the closure of a mental health

 

 

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1    facility, the construction of a new facility to serve the
2    needs of persons with mental health needs.
3        (3) In the case of the closure of a developmental
4    disabilities facility, construction of a new facility to
5    serve the needs of persons with developmental disabilities
6    needs.
7    (e) Whenever any net proceeds are realized from a sale of
8real estate as provided in this Section, the Department of
9Human Services shall share and discuss its plan or plans for
10using those net proceeds with advocates, advocacy
11organizations, and advisory groups whose mission includes
12advocacy for persons with developmental disabilities or
13persons with mental illness.
14    (f) The Department of Human Services shall for a 6-month
15period from the effective date of this amendatory Act of the
1698th General Assembly observe and track the progress of former
17residents of the Jacksonville Developmental Center who were
18removed from that facility after January 1, 2012. After the
196-month observation and tracking period, the Department of
20Human Services shall submit a report to the General Assembly
21that describes:
22        (1) the new venues of care for the former residents of
23    the Jacksonville Developmental Center;
24        (2) costs to the Department of Human Services as a
25    result of the closure of the Jacksonville Developmental
26    Center;

 

 

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1        (3) cost savings or increases to the Department of
2    Human Services due to the new venues of care for the former
3    residents of the Jacksonville Developmental Center; and
4        (4) the injuries or deaths to former residents of the
5    Jacksonville Developmental Center in their new venues of
6    care.
7    The report must be submitted to the General Assembly within
8one year after the effective date of this amendatory Act of the
998th General Assembly.
10    From the effective date of this amendatory Act of the 98th
11General Assembly until 3 months after the filing of the report
12with the General Assembly, the Department of Human Services may
13not remove a resident from any State-operated developmental
14center without the consent of the resident of the center or the
15guardian of that resident.
16(Source: P.A. 96-660, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".