Illinois General Assembly - Bill Status for HB5586

Amends the Mental Health and Developmental Disabilities Confidentiality Act. Authorizes the inspection and copying of mental health services records of a recipient of such services by a law enforcement officer who has lawfully arrested the recipient, if the officer has (i) a reasonable suspicion that the recipient is suffering from mental illness and (ii) a reasonable belief that the recipient may benefit from treatment in a mental health facility rather than placement in a correctional institution, jail, juvenile correctional facility, or juvenile detention facility. Provides that the information disclosable under this provision is limited to whether the recipient is receiving mental health services from a mental health facility or has received such services within the preceding 6 months and may not be redisclosed by the law enforcement officer except as provided by law.

Replaces everything after the enacting clause. Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that whenever, as the result of the closing or the reduction in the number of units or available beds of any mental health facility operated by the Department of Human Services, the State determines to enter into a contract with any mental health facility to provide hospitalization to persons who would otherwise be served by the State-operated mental health facility, the State shall include in that contract a requirement that the facility provide the following rights, procedures, and services in relationship to those persons pursuant to the Mental Health and Developmental Disabilities Code: (1) the right to challenge a denial of admission; (2) the right to challenge a discharge; (3) the right to writing materials, postage, and telephone usage funds in reasonable amounts; (4) compliance with the requirements relating to the administration of psychotropic medication or electroconvulsive therapy; and (5) compliance with reporting requirements concerning the number of persons who were determined to meet the standard for administration of psychotropic medication or electroconvulsive therapy but for whom it was determined that the filing of such a petition was not warranted. Provides that the rate or amount paid under any contract subject to these provisions shall include funds sufficient to reimburse the mental health facility for any reasonable costs associated with these provisions. Provides that the State shall include in any contract subject to these provisions specific funds to cover the reasonable costs of any person required to testify in a commitment proceeding under the Mental Health and Developmental Disabilities Code and the reasonable costs of transporting any person subject to that hearing from the mental health facility to the place of the hearing. Effective immediately.

Replaces everything after the enacting clause. Amends the Mental Health and Developmental Disabilities Code. Provides that whenever, as the result of the closing or the reduction in the number of units or available beds of any mental health facility operated by the Department of Human Services, the State determines to enter into a contract with any mental health facility to provide hospitalization to persons who would otherwise be served by the State-operated mental health facility, the resident shall be entitled to the same rights as provided if the resident was in a State-operated mental health facility. Effective immediately.

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