Full Text of HB1731 98th General Assembly
HB1731ham001 98TH GENERAL ASSEMBLY | Rep. Charles E Meier Filed: 4/8/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1731
| 2 | | AMENDMENT NO. ______. Amend House Bill 1731 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Community Services Act is amended by | 5 | | changing Section 4.6 as follows: | 6 | | (405 ILCS 30/4.6) | 7 | | Sec. 4.6. Closure and sale of State mental health or | 8 | | developmental disabilities facility. | 9 | | (a) Whenever a State mental health facility operated by the | 10 | | Department of Human Services is closed and the real estate on | 11 | | which the facility is located is sold by the State, then, to | 12 | | the extent that net proceeds are realized from the sale of that | 13 | | real estate, those net proceeds must be directed toward | 14 | | providing
other services and supports for persons with mental | 15 | | health needs. To that end, those net proceeds shall be | 16 | | deposited into the Community Mental Health Medicaid Trust Fund. |
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| 1 | | (b) Whenever a State developmental disabilities facility | 2 | | operated by the Department of Human Services is closed and the | 3 | | real estate on which the facility is located is sold by the | 4 | | State, then, to the extent that net proceeds are realized from | 5 | | the sale of that real estate, those net proceeds must be | 6 | | directed toward providing
other services and supports for | 7 | | persons with developmental disabilities needs. To that end, | 8 | | those net proceeds shall be deposited into the Community | 9 | | Developmental Disability Services Medicaid Trust Fund. | 10 | | (c) In determining whether any net proceeds are realized | 11 | | from a sale of real estate described in subsection (a) or (b), | 12 | | the Division of Developmental Disabilities and the Division of | 13 | | Mental Health of the Department of Human Services shall each | 14 | | determine the money, if any, that shall be made available to | 15 | | ensure that life, safety, and care concerns, including | 16 | | infrastructure, are addressed so as to provide for persons with | 17 | | developmental disabilities or mental illness at the remaining | 18 | | respective State-operated facilities that will be expected to | 19 | | serve the individuals previously served at the closed facility. | 20 | | (d) The purposes for which the net proceeds from a sale of | 21 | | real estate as provided in this Section may be used include, | 22 | | but are not limited to, the following: | 23 | | (1) Providing for individuals with developmental | 24 | | disabilities and mental health needs the services and | 25 | | supports described in subsection (e) of Section 4.4. | 26 | | (2) In the case of the closure of a mental health |
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| 1 | | facility, the construction of a new facility to serve the | 2 | | needs of persons with mental health needs. | 3 | | (3) In the case of the closure of a developmental | 4 | | disabilities facility, construction of a new facility to | 5 | | serve the needs of persons with developmental disabilities | 6 | | needs. | 7 | | (e) Whenever any net proceeds are realized from a sale of | 8 | | real estate as provided in this Section, the Department of | 9 | | Human Services shall share and discuss its plan or plans for | 10 | | using those net proceeds with advocates, advocacy | 11 | | organizations, and advisory groups whose
mission
includes | 12 | | advocacy for persons with developmental disabilities or | 13 | | persons with
mental
illness.
| 14 | | (f) The Department of Human Services shall for a 6-month | 15 | | period from the effective date of this amendatory Act of the | 16 | | 98th General Assembly observe and track the progress of former | 17 | | residents of the Jacksonville Developmental Center who were | 18 | | removed from that facility after January 1, 2012. After the | 19 | | 6-month observation and tracking period, the Department of | 20 | | Human Services shall submit a report to the General Assembly | 21 | | that describes: | 22 | | (1) the new venues of care for the former residents of | 23 | | the Jacksonville Developmental Center; | 24 | | (2) costs to the Department of Human Services as a | 25 | | result of the closure of the Jacksonville Developmental | 26 | | Center; |
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| 1 | | (3) cost savings or increases to the Department of | 2 | | Human Services due to the new venues of care for the former | 3 | | residents of the Jacksonville Developmental Center; and | 4 | | (4) the injuries or deaths to former residents of the | 5 | | Jacksonville Developmental Center in their new venues of | 6 | | care. | 7 | | The report must be submitted to the General Assembly within | 8 | | one year after the effective date of this amendatory Act of the | 9 | | 98th General Assembly. | 10 | | From the effective date of this amendatory Act of the 98th | 11 | | General Assembly until 3 months after the filing of the report | 12 | | with the General Assembly, the Department of Human Services may | 13 | | not remove a resident from any State-operated developmental | 14 | | center without the consent of the resident of the center or the | 15 | | guardian of that resident. | 16 | | (Source: P.A. 96-660, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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