Full Text of HB2936 97th General Assembly
HB2936 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB2936 Introduced 2/23/2011___________, by SYNOPSIS AS INTRODUCED: |
| 405 ILCS 5/3-811 | from Ch. 91 1/2, par. 3-811 |
405 ILCS 5/3-909 | from Ch. 91 1/2, par. 3-909 |
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Amends the Mental Health and Developmental Disabilities Code. Provides that a transferring facility remains subject to the federal Emergency Medical Transport and Active Labor Act (EMTALA) when implementing a court order for the involuntary admission of a person on an inpatient basis or a court order for the transfer of a mental health patient to an alternative facility or program of alternative treatment. Requires a transferring facility to satisfy certain duties prior to implementing the order and in addition to those duties provided under the EMTALA. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Mental Health and Developmental | 5 | | Disabilities Code is amended by changing Sections 3-811 and | 6 | | 3-909 as follows: | 7 | | (405 ILCS 5/3-811) (from Ch. 91 1/2, par. 3-811) | 8 | | Sec. 3-811. Involuntary admission; alternative mental | 9 | | health facilities. | 10 | | (a) If any person is found subject to involuntary admission | 11 | | on an inpatient basis, the court shall
consider alternative | 12 | | mental health facilities which are appropriate for and
| 13 | | available to the respondent, including but not limited to | 14 | | hospitalization. The
court may order the respondent to undergo | 15 | | a program of hospitalization in a
mental health facility | 16 | | designated by the Department, in a licensed private hospital or | 17 | | private
mental health facility if it agrees, or in a facility | 18 | | of the United
States
Veterans Administration if it agrees. If | 19 | | any person is found subject to involuntary admission on an | 20 | | outpatient basis, the court may order the respondent
to undergo | 21 | | a program of alternative treatment; or the court may place the
| 22 | | respondent
in the care and custody of a relative or other | 23 | | person willing and able to
properly care for him or her. The |
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| 1 | | court shall order the least
restrictive alternative for | 2 | | treatment which is appropriate. | 3 | | (b) Whenever a person is found subject to involuntary | 4 | | admission on an inpatient or outpatient basis, notice shall be | 5 | | provided to the petitioner, orally and in writing, of his or | 6 | | her right to receive notice of the recipient's discharge | 7 | | pursuant to Section 3-902(d). | 8 | | (c) An order that a person is found subject to involuntary | 9 | | admission on an inpatient basis does not eliminate any | 10 | | obligations under the federal Emergency Medical Transport and | 11 | | Active Labor Act (EMTALA) of the transferring facility toward | 12 | | the receiving facility. In addition to the obligations under | 13 | | EMTALA, before implementing an order, the transferring | 14 | | facility shall notify the receiving facility of the recipient, | 15 | | obtain medical clearance for the recipient, and ensure that the | 16 | | receiving facility is able to manage the transferred recipient. | 17 | | (Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10; | 18 | | 96-1453, eff. 8-20-10.)
| 19 | | (405 ILCS 5/3-909) (from Ch. 91 1/2, par. 3-909)
| 20 | | Sec. 3-909. Alternative treatment. Any recipient | 21 | | hospitalized or admitted
to alternative treatment or care and | 22 | | custody under Article VIII of this Chapter
may at any time | 23 | | petition the court for transfer to a different facility or
| 24 | | program of alternative treatment, to care and custody, or to | 25 | | the care and
custody of a different person. His attorney, |
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| 1 | | guardian, custodian, or
responsible relative may file such a | 2 | | petition on his behalf. If the recipient
is in a private | 3 | | facility, the facility may also petition for transfer.
| 4 | | Recipients in private facilities or United States Veterans | 5 | | Administration
facilities may petition for transfer to a mental | 6 | | health facility designated
by the Department.
Recipients may | 7 | | petition for transfer to a program of alternative treatment, or
| 8 | | to care and custody. Recipients in private facilities may also | 9 | | petition for
transfer to United States Veterans Administration | 10 | | facilities. Recipients in
United States Veterans | 11 | | Administration facilities may also petition for transfer
to | 12 | | private facilities. Recipients in Department facilities may | 13 | | petition for
transfer to a private mental health facility, a | 14 | | United States Veterans
Administration facility, a program of | 15 | | alternative treatment, or to care and
custody. Admission to a | 16 | | United States Veterans Administration facility
shall be | 17 | | governed by Article X of this Chapter 3. No transfers between
| 18 | | Department facilities or between units of the same facility may | 19 | | be ordered
under this Section. An order for hospitalization | 20 | | shall not be entered
under this Section if the original order | 21 | | did not authorize hospitalization
unless a hearing is held | 22 | | pursuant to Article VIII of this Chapter. An order of transfer | 23 | | entered under this Section does not eliminate any obligations | 24 | | under the federal Emergency Medical Transport and Active Labor | 25 | | Act (EMTALA) of the transferring facility toward the receiving | 26 | | facility. In addition to the obligations under EMTALA, before |
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| 1 | | implementing an order of transfer, the transferring facility | 2 | | shall notify the receiving facility of the recipient, obtain | 3 | | medical clearance for the recipient, and ensure that the | 4 | | receiving facility is able to manage the transferred recipient.
| 5 | | (Source: P.A. 91-726, eff. 6-2-00.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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