Public Act 099-0479
 
HB4096 EnrolledLRB099 07770 RLC 27903 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
7.1 as follows:
 
    (20 ILCS 1705/7.1)  (from Ch. 91 1/2, par. 100-7.1)
    Sec. 7.1. For the purposes of this Section 7.1,
"Department" means the Department of Healthcare and Family
Services. To assist families in seeking intensive
community-based services or residential placement for to place
children with mental illness, for whom no appropriate care is
available in State-operated Department facilities, in licensed
private facilities, the Department shall supplement the amount
a family is able to pay, as determined by the Department and
the amount available from other sources, provided the
Department's share shall not exceed a uniform maximum rate to
be determined from time to time by the Department. The
Department may exercise the authority under this Section as is
necessary to implement the provisions of Section 5-5.23 of the
Illinois Public Aid Code and to administer Individual Care
Grants. The Department shall work collaboratively with
stakeholders and family representatives in the implementation
of this Section.
(Source: P.A. 88-380.)
 
    Section 10. The Illinois Public Aid Code is amended by
changing Section 5-5.23 as follows:
 
    (305 ILCS 5/5-5.23)
    Sec. 5-5.23. Children's mental health services.
    (a) The Department of Healthcare and Family Services, by
rule, shall require the screening and assessment of a child
prior to any Medicaid-funded admission to an inpatient hospital
for psychiatric services to be funded by Medicaid. The
screening and assessment shall include a determination of the
appropriateness and availability of out-patient support
services for necessary treatment. The Department, by rule,
shall establish methods and standards of payment for the
screening, assessment, and necessary alternative support
services.
    (b) The Department of Healthcare and Family Services, to
the extent allowable under federal law, shall secure federal
financial participation for Individual Care Grant expenditures
made by the Department of Healthcare and Family Human Services
for the Medicaid optional service authorized under Section
1905(h) of the federal Social Security Act, pursuant to the
provisions of Section 7.1 of the Mental Health and
Developmental Disabilities Administrative Act. The Department
of Healthcare and Family Services may exercise the authority
under this Section as is necessary to administer Individual
Care Grants as authorized under Section 7.1 of the Mental
Health and Developmental Disabilities Administrative Act.
    (c) The Department of Healthcare and Family Services shall
work collaboratively with the Department of Children and Family
Services and the Division of Mental Health of jointly with the
Department of Human Services to implement subsections (a) and
(b).
    (d) On and after July 1, 2012, the Department shall reduce
any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Code to reduce any
rate of reimbursement for services or other payments in
accordance with Section 5-5e.
    (e) All rights, powers, duties, and responsibilities
currently exercised by the Department of Human Services related
to the Individual Care Grant program are transferred to the
Department of Healthcare and Family Services with the transfer
and transition of the Individual Care Grant program to the
Department of Healthcare and Family Services to be completed
and implemented within 6 months after the effective date of
this amendatory Act of the 99th General Assembly. For the
purposes of the Successor Agency Act, the Department of
Healthcare and Family Services is declared to be the successor
agency of the Department of Human Services, but only with
respect to the functions of the Department of Human Services
that are transferred to the Department of Healthcare and Family
Services under this amendatory Act of the 99th General
Assembly.
        (1) Each act done by the Department of Healthcare and
    Family Services in exercise of the transferred powers,
    duties, rights, and responsibilities shall have the same
    legal effect as if done by the Department of Human Services
    or its offices.
        (2) Any rules of the Department of Human Services that
    relate to the functions and programs transferred by this
    amendatory Act of the 99th General Assembly that are in
    full force on the effective date of this amendatory Act of
    the 99th General Assembly shall become the rules of the
    Department of Healthcare and Family Services. All rules
    transferred under this amendatory Act of the 99th General
    Assembly are hereby amended such that the term "Department"
    shall be defined as the Department of Healthcare and Family
    Services and all references to the "Secretary" shall be
    changed to the "Director of Healthcare and Family Services
    or his or her designee". As soon as practicable hereafter,
    the Department of Healthcare and Family Services shall
    revise and clarify the rules to reflect the transfer of
    rights, powers, duties, and responsibilities affected by
    this amendatory Act of the 99th General Assembly, using the
    procedures for recodification of rules available under the
    Illinois Administrative Procedure Act, except that
    existing title, part, and section numbering for the
    affected rules may be retained. The Department of
    Healthcare and Family Services, consistent with its
    authority to do so as granted by this amendatory Act of the
    99th General Assembly, shall propose and adopt any other
    rules under the Illinois Administrative Procedure Act as
    necessary to administer the Individual Care Grant program.
    These rules may include, but are not limited to, the
    application process and eligibility requirements for
    recipients.
        (3) All unexpended appropriations and balances and
    other funds available for use in connection with any
    functions of the Individual Care Grant program shall be
    transferred for the use of the Department of Healthcare and
    Family Services to operate the Individual Care Grant
    program. Unexpended balances shall be expended only for the
    purpose for which the appropriation was originally made.
    The Department of Healthcare and Family Services shall
    exercise all rights, powers, duties, and responsibilities
    for operation of the Individual Care Grant program.
        (4) Existing personnel and positions of the Department
    of Human Services pertaining to the administration of the
    Individual Care Grant program shall be transferred to the
    Department of Healthcare and Family Services with the
    transfer and transition of the Individual Care Grant
    program to the Department of Healthcare and Family
    Services. The status and rights of Department of Human
    Services employees engaged in the performance of the
    functions of the Individual Care Grant program shall not be
    affected by this amendatory Act of the 99th General
    Assembly. The rights of the employees, the State of
    Illinois, and its agencies under the Personnel Code and
    applicable collective bargaining agreements or under any
    pension, retirement, or annuity plan shall not be affected
    by this amendatory Act of the 99th General Assembly. All
    transferred employees who are members of collective
    bargaining units shall retain their seniority, continuous
    service, salary, and accrued benefits.
        (5) All books, records, papers, documents, property
    (real and personal), contracts, and pending business
    pertaining to the powers, duties, rights, and
    responsibilities related to the functions of the
    Individual Care Grant program, including, but not limited
    to, material in electronic or magnetic format and necessary
    computer hardware and software, shall be delivered to the
    Department of Healthcare and Family Services; provided,
    however, that the delivery of this information shall not
    violate any applicable confidentiality constraints.
        (6) Whenever reports or notices are now required to be
    made or given or papers or documents furnished or served by
    any person to or upon the Department of Human Services in
    connection with any of the functions transferred by this
    amendatory Act of the 99th General Assembly, the same shall
    be made, given, furnished, or served in the same manner to
    or upon the Department of Healthcare and Family Services.
        (7) This amendatory Act of the 99th General Assembly
    shall not affect any act done, ratified, or canceled or any
    right occurring or established or any action or proceeding
    had or commenced in an administrative, civil, or criminal
    cause regarding the Department of Human Services before the
    effective date of this amendatory Act of the 99th General
    Assembly; and those actions or proceedings may be defended,
    prosecuted, and continued by the Department of Human
    Services.
    (f) The Individual Care Grant program shall be inoperative
during the calendar year in which implementation begins of any
remedies in response to litigation against the Department of
Healthcare and Family Services related to children's
behavioral health and the general status of children's
behavioral health in this State. Individual Care Grant
recipients in the program the year it becomes inoperative shall
continue to remain in the program until it is clinically
appropriate for them to step down in level of care.
(Source: P.A. 97-689, eff. 6-14-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.