Illinois General Assembly - Full Text of HB5586
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Full Text of HB5586  97th General Assembly


Rep. Kimberly du Buclet

Filed: 3/7/2012





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2    AMENDMENT NO. ______. Amend House Bill 5586 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Mental Health and Developmental
5Disabilities Administrative Act is amended by adding Section
654.1 as follows:
7    (20 ILCS 1705/54.1 new)
8    Sec. 54.1. Maintenance of services when State-operated
9mental health facilities are closed or downsized.
10    (a) Whenever, as the result of the closing or the reduction
11in the number of units or available beds of any mental health
12facility operated by the Department of Human Services, the
13State determines to enter into a contract with any mental
14health facility to provide hospitalization to persons who would
15otherwise be served by the State-operated mental health
16facility, the State shall include in that contract a



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1requiremment that the facility provide the following rights,
2procedures, and services in relation to those persons:
3        (1) the right to challenge a denial of admission as
4    provided in Sections 3-207 and 3-405 of the Mental Health
5    and Developmental Disabilities Code;
6        (2) the right to challenge a discharge as provided in
7    Sections 3-207 and 3-405 of the Mental Health and
8    Developmental Disabilities Code;
9        (3) the right to writing materials, postage, and
10    telephone usage funds in reasonable amounts as provided in
11    subsection (a) of Section 2-103 of the Mental Health and
12    Developmental Disabilities Code;
13        (4) compliance with the requirements of subsection (h)
14    of Section 2-107 of the Mental Health and Developmental
15    Disabilities Code; and
16        (5) compliance with reporting requirements of Section
17    2-107.3 of the Mental Health and Developmental
18    Disabilities Code.
19    (b) The rate or amount paid under any contract subject to
20this Section shall include funds sufficient to reimburse the
21mental health facility for any reasonable costs associated with
22the provisions of subsection (a).
23    (c) The State shall include in any contract subject to this
24Section specific funds to cover the reasonable costs of any
25person required to testify pursuant to Section 3-807 of the
26Mental Health and Developmental Disabilities Code and the



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1reasonable costs of transporting any person subject to a
2hearing under Article VIII of Chapter III of the Mental Health
3and Developmental Disabilities Code from the mental health
4facility to the place of the hearing.
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".