Public Act 097-0529
Public Act 0529 97TH GENERAL ASSEMBLY
|Public Act 097-0529|
|SB1623 Enrolled||LRB097 08881 KTG 49011 b|
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Mental Health and Developmental
Disabilities Administrative Act is amended by adding Section 73
(20 ILCS 1705/73 new)
Report; Williams v. Quinn consent decree.
(a) Annual Report.
(1) No later that December 31, 2011, and on December
31st of each of the following 4 years, the Department of
Human Services shall prepare and submit an annual report to
the General Assembly concerning the implementation of the
Williams v. Quinn consent decree and other efforts to move
persons with mental illnesses from institutional settings
to community-based settings. This report shall include:
(A) The number of persons who have been moved from
long-term care facilities to community-based settings
during the previous year and the number of persons
projected to be moved during the next year.
(B) Any implementation or compliance reports
prepared by the State for the Court or the
court-appointed monitor in Williams v. Quinn.
(C) Any reports from the court-appointed monitor
or findings by the Court reflecting the Department's
compliance or failure to comply with the Williams v.
Quinn consent decree and any other order issued during
(D) Statistics reflecting the number and types of
community-based services provided to persons who have
been moved from long-term care facilities to
(E) Any additional community-based services which
are or will be needed in order to ensure maximum
community integration as provided for by the Williams
v. Quinn consent decree, and the Department's plan for
providing these services.
(F) Any and all costs associated with
transitioning residents from institutional settings to
community-based settings, including, but not limited
to, the cost of residential services, the cost of
outpatient treatment, and the cost of all community
support services facilitating the community-based
(2) The requirement for reporting to the General
Assembly shall be satisfied by filing copies of the report
with the Speaker, Minority Leader, and Clerk of the House
of Representatives; the President, Minority Leader, and
Secretary of the Senate; and the Legislative Research Unit,
as required by Section 3.1 of the General Assembly
Organization Act, and by filing additional copies with the
State Government Report Distribution Center for the
General Assembly as required under paragraph (t) of Section
7 of the State Library Act.
(b) Department rule. The Department of Human Services shall
draft and promulgate a new rule governing community-based
The new rule for community-based
residential settings shall include settings that offer to
persons with serious mental illness (i) community-based
residential recovery-oriented mental health care, treatment,
and services; and (ii) community-based residential mental
health and co-occurring substance use disorder care,
treatment, and services.
Community-based residential settings shall honor a
consumer's choice as well as a consumer's right to live in the:
(1) Least restrictive environment.
(2) Most appropriate integrated setting.
(3) Least restrictive environment and most appropriate
integrated setting designed to assist the individual in
living in a safe, appropriate, and therapeutic
(4) Least restrictive environment and most appropriate
integrated setting that affords the person the opportunity
to live similarly to persons without serious mental
The new rule for community-based residential settings
shall be drafted in such a manner as to delineate
State-supported care, treatment, and services appropriately
governed within the new rule, and shall continue eligibility
for eligible individuals in programs governed by Title 59, Part
132 of the Illinois Administrative Code.
The Department shall
draft a new rule for community-based residential settings by
January 1, 2012. The new rule must include, but shall not be
limited to, standards for:
(i) Administrative requirements.
(ii) Monitoring, review, and reporting.
(iii) Certification requirements.
(iv) Life safety.
(c) Study of housing and residential services. By no later
than October 1, 2011, the Department shall conduct a statewide
study to assess the existing types of community-based housing
and residential services currently being provided to
individuals with mental illnesses in Illinois. This study shall
include State-funded and federally funded housing and
residential services. The results of this study shall be used
to inform the rulemaking process outlined in subsection (b).
This Act takes effect upon
Effective Date: 8/23/2011