Full Text of HB5677 97th General Assembly
HB5677 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5677 Introduced 2/16/2012, by Rep. Jim Watson SYNOPSIS AS INTRODUCED: |
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Amends the Community Services Act. Provides that within 6 months after the closure of a State-operated mental health or developmental disabilities facility and one year after the closure of that facility, the Department of Human Services shall submit a report to the General Assembly that describes: (1) the venue of care for the former residents or persons served by the facility; (2) costs to the Department as a result of new venues of care; (3) cost savings or increases to former residents as a result of the facility closure; and (4) the injuries or deaths to former residents after closure. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning mental health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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. | 17 | | (b) Whenever a State developmental disabilities facility | 18 | | operated by the Department of Human Services is closed and the | 19 | | real estate on which the facility is located is sold by the | 20 | | State, then, to the extent that net proceeds are realized from | 21 | | the sale of that real estate, those net proceeds must be | 22 | | directed toward providing
other services and supports for | 23 | | persons with developmental disabilities needs. To that end, |
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| 1 | | those net proceeds shall be deposited into the Community | 2 | | Developmental Disability Services Medicaid Trust Fund. | 3 | | (c) In determining whether any net proceeds are realized | 4 | | from a sale of real estate described in subsection (a) or (b), | 5 | | the Division of Developmental Disabilities and the Division of | 6 | | Mental Health of the Department of Human Services shall each | 7 | | determine the money, if any, that shall be made available to | 8 | | ensure that life, safety, and care concerns, including | 9 | | infrastructure, are addressed so as to provide for persons with | 10 | | developmental disabilities or mental illness at the remaining | 11 | | respective State-operated facilities that will be expected to | 12 | | serve the individuals previously served at the closed facility. | 13 | | (d) The purposes for which the net proceeds from a sale of | 14 | | real estate as provided in this Section may be used include, | 15 | | but are not limited to, the following: | 16 | | (1) Providing for individuals with developmental | 17 | | disabilities and mental health needs the services and | 18 | | supports described in subsection (e) of Section 4.4. | 19 | | (2) In the case of the closure of a mental health | 20 | | facility, the construction of a new facility to serve the | 21 | | needs of persons with mental health needs. | 22 | | (3) In the case of the closure of a developmental | 23 | | disabilities facility, construction of a new facility to | 24 | | serve the needs of persons with developmental disabilities | 25 | | needs. | 26 | | (e) Whenever any net proceeds are realized from a sale of |
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| 1 | | real estate as provided in this Section, the Department of | 2 | | Human Services shall share and discuss its plan or plans for | 3 | | using those net proceeds with advocates, advocacy | 4 | | organizations, and advisory groups whose
mission
includes | 5 | | advocacy for persons with developmental disabilities or | 6 | | persons with
mental
illness.
| 7 | | (f) Within 6 months after the closure of a State-operated | 8 | | mental health or developmental disabilities facility and one | 9 | | year after the closure of that facility, the Department of | 10 | | Human Services shall submit a report to the General Assembly | 11 | | that describes: | 12 | | (1) the venue of care for the former residents or | 13 | | persons served by the facility; | 14 | | (2) costs to the Department as a result of new venues | 15 | | of care; | 16 | | (3) cost savings or increases to former residents as a | 17 | | result of the facility closure; and | 18 | | (4) the injuries or deaths to former residents after | 19 | | closure. | 20 | | (Source: P.A. 96-660, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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