Illinois General Assembly - Full Text of HB1795
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Full Text of HB1795  102nd General Assembly

HB1795ham001 102ND GENERAL ASSEMBLY

Rep. Ann M. Williams

Filed: 3/9/2021

 

 


 

 


 
10200HB1795ham001LRB102 10214 LNS 23105 a

1
AMENDMENT TO HOUSE BILL 1795

2    AMENDMENT NO. ______. Amend House Bill 1795 on page 1,
3line 5 by replacing "Section 3-605" with "Sections 3-605,
43-819, and 5-105"; and
 
5on page 4, by inserting below line 1 the following:
 
6    "(405 ILCS 5/3-819)  (from Ch. 91 1/2, par. 3-819)
7    Sec. 3-819. (a) In counties with a population of 3,000,000
8or more, when a recipient is hospitalized upon court order,
9the order may authorize a relative or friend of the recipient
10to transport the recipient to the facility if such person is
11able to do so safely and humanely. When the Department
12indicates that it has transportation to the facility
13available, the order may authorize the Department to transport
14the recipient there. The court may order the sheriff of the
15county in which such proceedings are held to transport the
16recipient to the facility. When a recipient is hospitalized

 

 

10200HB1795ham001- 2 -LRB102 10214 LNS 23105 a

1upon court order, and the recipient has been transported to a
2mental health facility, other than a state-operated mental
3health facility, and it is determined by the facility that the
4recipient is in need of commitment or treatment at another
5mental health facility, the court shall determine whether a
6relative or friend of the recipient or the Department is
7authorized to transport the recipient between facilities, or
8whether the county sheriff is responsible for transporting the
9recipient between facilities. The sheriff may make
10arrangements with another public or private entity including a
11licensed ambulance service to transport the recipient to the
12facility. The transporting entity acting in good faith and
13without negligence in connection with the transportation of
14recipients shall incur no liability, civil or criminal, by
15reason of such transportation.
16    (a-5) In counties with a population under 3,000,000, when
17a recipient is hospitalized upon court order, the order may
18authorize a relative or friend of the recipient to transport
19the recipient to the facility if the person is able to do so
20safely and humanely. The court may order the Department to
21transport the recipient to the facility. When a recipient is
22hospitalized upon court order, and the recipient has been
23transported to a mental health facility other than a
24State-operated mental health facility, and it is determined by
25the facility that the recipient is in need of commitment or
26treatment at another mental health facility, the court shall

 

 

10200HB1795ham001- 3 -LRB102 10214 LNS 23105 a

1determine whether a relative or friend of the recipient is
2authorized to transport the recipient between facilities, or
3whether the Department is responsible for transporting the
4recipient between facilities. If the court determines that the
5Department is responsible for the transportation, the
6Department shall make arrangements either directly or through
7agreements with another public or private entity, including a
8licensed ambulance service, to appropriately transport the
9recipient to the facility. The making of such arrangements and
10agreements with public or private entities is independent of
11the Department's role as a provider of mental health services
12and does not indicate that the recipient is admitted to any
13Department facility. In making such arrangements and
14agreements with other public or private entities, the
15Department shall include provisions to ensure (i) the
16provision of trained personnel and the use of an appropriate
17vehicle for the safe transport of the recipient and (ii) that
18the recipient's insurance carrier as well as other programs,
19both public and private, that provide payment for such
20transportation services are fully utilized to the maximum
21extent possible.
22    The Department may not make arrangements with an existing
23hospital or grant-in-aid or fee-for-service community provider
24for transportation services under this Section unless the
25hospital or provider has voluntarily submitted a proposal for
26its transportation services. This requirement does not

 

 

10200HB1795ham001- 4 -LRB102 10214 LNS 23105 a

1eliminate or reduce any responsibility on the part of a
2hospital or community provider to ensure transportation that
3may arise independently through other State or federal law or
4regulation.
5    A transporting entity acting in good faith and without
6negligence in connection with the transportation of a
7recipient incurs no liability, civil or criminal, by reason of
8that transportation.
9    (b) The transporting entity may bill the recipient, the
10estate of the recipient, legally responsible relatives, or
11insurance carrier for the cost of providing transportation of
12the recipient to a mental health facility. The recipient and
13the estate of the recipient are liable for the payment of
14transportation costs for transporting the recipient to a
15mental health facility. If the recipient is a beneficiary of a
16trust described in Section 509 1213 of the Illinois Trust
17Code, the trust shall not be considered a part of the
18recipient's estate and shall not be subject to payment for
19transportation costs for transporting the recipient to a
20mental health facility under this section, except to the
21extent permitted under Section 509 1213 of the Illinois Trust
22Code. If the recipient is unable to pay or if the estate of the
23recipient is insufficient, the responsible relatives are
24severally liable for the payment of those sums or for the
25balance due in case less than the amount owing has been paid.
26If the recipient is covered by insurance, the insurance

 

 

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1carrier shall be liable for payment to the extent authorized
2by the recipient's insurance policy.
3    (c) Upon the delivery of a recipient to a facility, in
4accordance with the procedure set forth in this Article, the
5facility director of the facility shall sign a receipt
6acknowledging custody of the recipient and for any personal
7property belonging to him, which receipt shall be filed with
8the clerk of the court entering the hospitalization order.
9(Source: P.A. 101-48, eff. 1-1-20.)
 
10    (405 ILCS 5/5-105)  (from Ch. 91 1/2, par. 5-105)
11    Sec. 5-105. Each recipient of services provided directly
12or funded by the Department and the estate of that recipient is
13liable for the payment of sums representing charges for
14services to the recipient at a rate to be determined by the
15Department in accordance with this Act. If a recipient is a
16beneficiary of a trust described in Section 509 1213 of the
17Illinois Trust Code, the trust shall not be considered a part
18of the recipient's estate and shall not be subject to payment
19for services to the recipient under this Section except to the
20extent permitted under Section 509 1213 of the Illinois Trust
21Code. If the recipient is unable to pay or if the estate of the
22recipient is insufficient, the responsible relatives are
23severally liable for the payment of those sums or for the
24balance due in case less than the amount prescribed under this
25Act has been paid. If the recipient is under the age of 18, the

 

 

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1recipient and responsible relative shall be liable for medical
2costs on a case-by-case basis for services for the diagnosis
3and treatment of conditions other than that child's disabling
4condition. The liability shall be the lesser of the cost of
5medical care or the amount of responsible relative liability
6established by the Department under Section 5-116. Any person
718 through 21 years of age who is receiving services under the
8Education for All Handicapped Children Act of 1975 (Public Law
994-142) or that person's responsible relative shall only be
10liable for medical costs on a case-by-case basis for services
11for the diagnosis and treatment of conditions other than the
12person's disabling condition. The liability shall be the
13lesser of the cost of medical care or the amount of responsible
14relative liability established by the Department under Section
155-116. In the case of any person who has received residential
16services from the Department, whether directly from the
17Department or through a public or private agency or entity
18funded by the Department, the liability shall be the same
19regardless of the source of services. The maximum services
20charges for each recipient assessed against responsible
21relatives collectively may not exceed financial liability
22determined from income in accordance with Section 5-116. Where
23the recipient is placed in a nursing home or other facility
24outside the Department, the Department may pay the actual cost
25of services in that facility and may collect reimbursement for
26the entire amount paid from the recipient or an amount not to

 

 

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1exceed those amounts determined under Section 5-116 from
2responsible relatives according to their proportionate ability
3to contribute to those charges. The liability of each
4responsible relative for payment of services charges ceases
5when payments on the basis of financial ability have been made
6for a total of 12 years for any recipient, and any portion of
7that 12 year period during which a responsible relative has
8been determined by the Department to be financially unable to
9pay any services charges must be included in fixing the total
10period of liability. No child is liable under this Act for
11services to a parent. No spouse is liable under this Act for
12the services to the other spouse who willfully failed to
13contribute to the spouse's support for a period of 5 years
14immediately preceding his or her admission. Any spouse
15claiming exemption because of willful failure to support
16during any such 5 year period must furnish the Department with
17clear and convincing evidence substantiating the claim. No
18parent is liable under this Act for the services charges
19incurred by a child after the child reaches the age of
20majority. Nothing in this Section shall preclude the
21Department from applying federal benefits that are
22specifically provided for the care and treatment of a person
23with a disability toward the cost of care provided by a State
24facility or private agency.
25(Source: P.A. 101-48, eff. 1-1-20.)
 

 

 

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1    Section 7. The Illinois Marriage and Dissolution of
2Marriage Act is amended by changing Section 513.5 as follows:
 
3    (750 ILCS 5/513.5)
4    Sec. 513.5. Support for a non-minor child with a
5disability.
6    (a) The court may award sums of money out of the property
7and income of either or both parties or the estate of a
8deceased parent, as equity may require, for the support of a
9child of the parties who has attained majority when the child
10is mentally or physically disabled and not otherwise
11emancipated. The sums awarded may be paid to one of the
12parents, to a trust created by the parties for the benefit of
13the non-minor child with a disability, or irrevocably to a
14trust for a beneficiary with a disability special needs trust,
15established by the parties and for the sole benefit of the
16non-minor child with a disability, pursuant to subdivisions
17(d)(4)(A) or (d)(4)(C) of 42 U.S.C. 1396p, Section 509 1213 of
18the Illinois Trust Code, and applicable provisions of the
19Social Security Administration Program Operating Manual
20System. An application for support for a non-minor disabled
21child may be made before or after the child has attained
22majority. Unless an application for educational expenses is
23made for a mentally or physically disabled child under Section
24513, the disability that is the basis for the application for
25support must have arisen while the child was eligible for

 

 

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1support under Section 505 or 513 of this Act.
2    (b) In making awards under this Section, or pursuant to a
3petition or motion to decrease, modify, or terminate any such
4award, the court shall consider all relevant factors that
5appear reasonable and necessary, including:
6        (1) the present and future financial resources of both
7    parties to meet their needs, including, but not limited
8    to, savings for retirement;
9        (2) the standard of living the child would have
10    enjoyed had the marriage not been dissolved. The court may
11    consider factors that are just and equitable;
12        (3) the financial resources of the child; and
13        (4) any financial or other resource provided to or for
14    the child including, but not limited to, any Supplemental
15    Security Income, any home-based support provided pursuant
16    to the Home-Based Support Services Law for Mentally
17    Disabled Adults, and any other State, federal, or local
18    benefit available to the non-minor disabled child.
19    (c) As used in this Section:
20    A "disabled" individual means an individual who has a
21physical or mental impairment that substantially limits a
22major life activity, has a record of such an impairment, or is
23regarded as having such an impairment.
24    "Disability" means a mental or physical impairment that
25substantially limits a major life activity.
26(Source: P.A. 101-48, eff. 1-1-20.)".