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




State of Illinois
2011 and 2012


Introduced 2/9/2011, by Sen. Heather A. Steans


New Act

    Creates the Community Mental Health Services Accountability Act. Requires the Department of Human Services to draft and present no later than July 1, 2011 new administrative rules governing all community residential mental health services that are currently governed by the Illinois Administrative Code. Requires the new rules to include, but not be limited to, standards for environmental management of living arrangements; administrative requirements; monitoring and review; and licensure requirements. Contains provisions concerning the drafting and presentation of rules stipulating life safety standards; rules designed for supportive housing facilities; and the creation of an Outcome Monitoring Pilot Program. Effective immediately.

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SB1623LRB097 08881 KTG 49011 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Community Mental Health Services Accountability Act.
6    Section 5. Legislative findings.
7    (a) The General Assembly finds that the community mental
8health delivery system has changed significantly since
9administrative rules were enacted to govern and regulate
10community mental health settings.
11    (b) A continued push for deinstitutionalization has
12heightened the need for more accountability within the
13community mental health system to ensure that appropriate
14services are being delivered in safe settings.
15    (c) To ensure that scarce taxpayers' dollars are being
16spent conscientiously, the State of Illinois needs to develop a
17system by which expenditures are identified and the true cost
18of community mental health services is transparent and
20    (d) To further ensure that State resources are being used
21effectively, the State should require reporting on measurable
22outcomes and goals within the community mental health system.
23    (e) Supportive housing for those with mental illness is a



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1unique community arrangement within the broad spectrum of
2community mental health services and is treated as such within
3the Department of Human Services' budget. Since this is the
4case, a unique and separate set of regulations is necessary for
5supportive housing services.
6    Section 10. Oversight. The Department of Human Services
7shall draft and present new administrative rules governing all
8community residential mental health services that are
9currently governed by Title 59, Part 132 of the Illinois
10Administrative Code. These new rules shall supplant Title 59,
11Part 132 of the Illinois Administrative Code for those
12providing residential service to individuals with severe
13mental illness and shall be submitted no later than July 1,
142011. These new rules shall be substantially similar to the
15rules governing community integrated living arrangements
16contained in Title 59, Part 115 of the Illinois Administrative
17Code. The new rules governing community residential mental
18health providers shall not take the place of Title 59, Part 115
19of the Illinois Administrative Code for those providers
20designated as community integrated living arrangements but
21will apply new standards to those providing residential
22services governed by Title 59, Part 132 of the Illinois
23Administrative Code prior to the effective date of this Act.
24The new rules to be submitted by the Department must include,
25but is not limited to, standards for:



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1        (1) Environmental management of living arrangements.
2        (2) Administrative requirements.
3        (3) Monitoring and review.
4        (4) Licensure requirements.
5    Section 15. Life safety standards. The Department shall
6draft and present rules stipulating life safety standards for
7all community residential mental health services by July 1,
82011. These rules shall prohibit an individual seeking
9residential mental health services from being placed in any
10facility that is known to have life safety violations. The
11Department shall further adopt rules prohibiting any entity
12serving those with severe mental illness from knowingly
13recommending housing in any setting that has known building
14code violations or is in violation of any local or State life
15safety codes.
16    Section 20. Supportive housing. The Department shall draft
17rules specifically designed for supportive housing facilities
18that receive funds from the Department for this purpose. The
19administrative rules shall be prepared and presented by the
20Department by July 1, 2011. The rules to be proposed shall
21include a requirement that prior to supportive housing services
22being delivered, a projected cost analysis shall be conducted
23to determine if the cost of supportive housing would exceed the
24cost of any other community residential placement. The cost



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1analysis shall include the cost of supportive housing, all
2community-based services to be received by the resident,
3transportation, and all other services and supports. The rules
4governing supportive housing shall also include, but not be
5limited to, standards for the following:
6        (1) Environmental management of living arrangements.
7        (2) Administrative requirements.
8        (3) Monitoring and review.
9        (4) Licensure requirements.
10        (5) Life safety standards.
11    Section 25. Dispensing public information. The Department
12shall make any and all surveys conducted on the outcomes and
13perceptions of the State's mental health delivery system
14available to the public on the Department's website. These
15surveys shall be posted beginning July 1, 2011 and shall be
16listed under a link entitled "publications" within the Division
17of Mental Health's portion of the Department's website.
18    Section 30. Outcome Monitoring Pilot Program. The
19Department shall create a pilot program, in conjunction with
20the Department of Healthcare and Family Services, in which the
21Department shall identify at least 1,000 clients residing in
22Cook County and served by agencies covered under this Act. The
23Department shall follow and track any and all services provided
24to these individuals, including, but not limited to:



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1        (1) The type of residential setting in which the
2    individual is living.
3        (2) Any type of inpatient or outpatient services the
4    individual may be receiving.
5        (3) Any type of state-subsidized supports the
6    individual may be receiving.
7    Upon identifying the 1,000 participants in this
8informative project, the Department shall document the
9residential and community services each individual receives at
10the beginning of this project and shall continue to record any
11changes to these services over the course of the year. The
12tracking of changes shall include any change in housing or
13residential services, any change in community supports
14received, and any changes to medical care received over the
15course of a year. The Department shall also track the cost of
16the various services received by each individual in the program
17including residential costs, community supports, counseling,
18and medical costs.
19    The Department shall compile the data collected under this
20pilot program and submit a report to the General Assembly no
21later than March 1, 2013. This report shall include individual
22costs by participant without identifying any participant by
23name. The report shall also identify the services received by
24each individual during the course of the yearlong study. The
25Report shall identify what percentages of different services
26are received by the population that participates in this study.



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1     Nothing in this Act shall be construed to infringe upon
2the privacy rights of those encompassed by the project and the
3Department is prohibited from identifying those who were
4documented in the course of this project.
5    Nothing in this Act shall be construed to compel any
6individual from participating in this project. Any individual
7may request not to be included in this project.
8    This pilot program shall commence no later than January 1,
10    Section 99. Effective date. This Act takes effect upon
11becoming law.