Illinois General Assembly - Full Text of SB1623
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Full Text of SB1623  97th General Assembly




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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Mental Health and Developmental
5Disabilities Administrative Act is amended by adding Section 73
6as follows:
7    (20 ILCS 1705/73 new)
8    Sec. 73. Report; Williams v. Quinn consent decree.
9    (a) Annual Report.
10        (1) No later that December 31, 2011, and on December
11    31st of each of the following 4 years, the Department of
12    Human Services shall prepare and submit an annual report to
13    the General Assembly concerning the implementation of the
14    Williams v. Quinn consent decree and other efforts to move
15    persons with mental illnesses from institutional settings
16    to community-based settings. This report shall include:
17            (A) The number of persons who have been moved from
18        long-term care facilities to community-based settings
19        during the previous year and the number of persons
20        projected to be moved during the next year.
21            (B) Any implementation or compliance reports
22        prepared by the State for the Court or the
23        court-appointed monitor in Williams v. Quinn.



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1            (C) Any reports from the court-appointed monitor
2        or findings by the Court reflecting the Department's
3        compliance or failure to comply with the Williams v.
4        Quinn consent decree and any other order issued during
5        that proceeding.
6            (D) Statistics reflecting the number and types of
7        community-based services provided to persons who have
8        been moved from long-term care facilities to
9        community-based settings.
10            (E) Any additional community-based services which
11        are or will be needed in order to ensure maximum
12        community integration as provided for by the Williams
13        v. Quinn consent decree, and the Department's plan for
14        providing these services.
15            (F) Any and all costs associated with
16        transitioning residents from institutional settings to
17        community-based settings, including, but not limited
18        to, the cost of residential services, the cost of
19        outpatient treatment, and the cost of all community
20        support services facilitating the community-based
21        setting.
22        (2) The requirement for reporting to the General
23    Assembly shall be satisfied by filing copies of the report
24    with the Speaker, Minority Leader, and Clerk of the House
25    of Representatives; the President, Minority Leader, and
26    Secretary of the Senate; and the Legislative Research Unit,



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1    as required by Section 3.1 of the General Assembly
2    Organization Act, and by filing additional copies with the
3    State Government Report Distribution Center for the
4    General Assembly as required under paragraph (t) of Section
5    7 of the State Library Act.
6    (b) Department rule. The Department of Human Services shall
7draft and promulgate a new rule governing community-based
8residential settings. The new rule for community-based
9residential settings shall include settings that offer to
10persons with serious mental illness (i) community-based
11residential recovery-oriented mental health care, treatment,
12and services; and (ii) community-based residential mental
13health and co-occurring substance use disorder care,
14treatment, and services.
15    Community-based residential settings shall honor a
16consumer's choice as well as a consumer's right to live in the:
17        (1) Least restrictive environment.
18        (2) Most appropriate integrated setting.
19        (3) Least restrictive environment and most appropriate
20    integrated setting designed to assist the individual in
21    living in a safe, appropriate, and therapeutic
22    environment.
23        (4) Least restrictive environment and most appropriate
24    integrated setting that affords the person the opportunity
25    to live similarly to persons without serious mental
26    illness.



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1    The new rule for community-based residential settings
2shall be drafted in such a manner as to delineate
3State-supported care, treatment, and services appropriately
4governed within the new rule, and shall continue eligibility
5for eligible individuals in programs governed by Title 59, Part
6132 of the Illinois Administrative Code. The Department shall
7draft a new rule for community-based residential settings by
8January 1, 2012. The new rule must include, but shall not be
9limited to, standards for:
10        (i) Administrative requirements.
11        (ii) Monitoring, review, and reporting.
12        (iii) Certification requirements.
13        (iv) Life safety.
14    (c) Study of housing and residential services. By no later
15than October 1, 2011, the Department shall conduct a statewide
16study to assess the existing types of community-based housing
17and residential services currently being provided to
18individuals with mental illnesses in Illinois. This study shall
19include State-funded and federally funded housing and
20residential services. The results of this study shall be used
21to inform the rulemaking process outlined in subsection (b).
22    Section 99. Effective date. This Act takes effect upon
23becoming law.