Such determination shall be made in writing and shall become a
part of the facility record of such absolutely or
conditionally discharged person.  When the determination indicates that the
condition of the person to be granted an absolute discharge or
a conditional discharge is described under subparagraph (c) or (d) of
this Section, the name and address of the continuing care
facility or home to which such person is to be released shall
be entered in the facility record.  Where a discharge from a
mental health facility is made under subparagraph (c), the
Department
shall assign the person so discharged to an existing community
based not-for-profit agency for participation in day activities
suitable to the person's needs, such as but not limited to
social and vocational rehabilitation, and other recreational,
educational and financial activities unless the community based
not-for-profit agency is unqualified to accept such assignment.
Where the clientele
of any not-for-profit
agency increases as
a result of assignments under this amendatory Act of
1977 by
more than 3% over the prior year, the Department shall fully
reimburse such agency for the costs of providing
services to
such persons in excess of such 3% increase.
The Department shall keep written records detailing how many persons have
been assigned to a community based not-for-profit agency and how many persons
were not so assigned because the community based agency was unable to
accept the assignments, in accordance with criteria, standards, and procedures
promulgated by rule.  Whenever a community based agency is found to be
unable to accept the assignments, the name of the agency and the reason for the
finding shall be
included in the report.

Insofar as desirable in the interests of the former recipient, the
facility, program or home in which the discharged person
is to be placed shall be located in or near the community in which the
person resided prior to hospitalization or in the community in
which the person's family or nearest next of kin presently reside.
Placement of the discharged person in facilities, programs or homes located
outside of this State shall not be made by the Department unless
there are no appropriate facilities, programs or homes available within this
State. Out-of-state placements shall be subject to return of recipients
so placed upon the availability of facilities, programs or homes within this
State to accommodate these recipients, except where placement in a contiguous
state results in locating a recipient in a facility or program closer to the
recipient's home or family.  If an appropriate facility or program becomes
available equal to or closer to the recipient's home or family, the recipient
shall be returned to and placed at the appropriate facility or program within
this State.

To place any person who is under a program of the Department
at board in a suitable family home or in such other facility or program as
the Department may consider desirable.  The Department may place
in licensed nursing homes, sheltered care homes, or homes for
the aged those persons whose behavioral manifestations and medical
and nursing care needs are such as to be substantially indistinguishable
from persons already living in such facilities.  Prior to any
placement by the Department under this Section, a determination
shall be made by the personnel of the
Department, as to the capability and suitability of such
facility to adequately meet the needs of the person to be
discharged.  When specialized
programs are necessary in order to enable persons in need of
supervised living to develop and improve in the community, the
Department shall place such persons only in specialized residential
care facilities which shall meet Department standards including
restricted admission policy, special staffing and programming
for social and vocational rehabilitation, in addition to the
requirements of the appropriate State licensing agency.  The
Department shall not place any new person in a facility the
license of which has been revoked or not renewed on grounds
of inadequate programming, staffing, or medical or adjunctive
services, regardless of the pendency of an action
for administrative review regarding such revocation or failure
to renew. Before the Department may transfer any person to a
licensed nursing home, sheltered care home or home for the
aged or place any person in a specialized residential care
facility the Department shall notify the person to be
transferred, or a responsible relative of such person, in
writing, at least 30 days before the proposed transfer, with
respect to all the relevant facts concerning such transfer,
except in cases of emergency when such notice is not required.
If either the person to be transferred or a responsible
relative of such person objects to such transfer, in writing
to the Department, at any time after receipt of notice and
before the transfer, the facility director of the facility in
which the person was a recipient shall immediately schedule a
hearing at the facility with the presence of the facility director,
the person who objected to such proposed transfer, and a
psychiatrist who is familiar with the record of the person
to be transferred. Such person to be transferred or a
responsible relative may be represented by such counsel or
interested party as he may appoint, who may present such
testimony with respect to the proposed transfer. Testimony
presented at such hearing shall become a part of the facility
record of the person-to-be-transferred. The record of testimony
shall be held in the person-to-be-transferred's record in the
central files of the facility. If such hearing is held a transfer
may only be implemented, if at all, in accordance with the results
of such hearing. Within 15 days after such hearing the
facility director shall deliver his findings based
on the record of the case and the testimony presented at the hearing,
by registered or certified mail, to the parties to such hearing.
The findings of the facility director shall be
deemed a final administrative decision of the Department. For purposes of
this Section, "case of emergency" means those instances in
which the health of the person to be transferred is imperiled
and the most appropriate mental health care or medical care is
available at a licensed nursing home, sheltered care home or
home for the aged or a specialized residential care facility.

Prior to placement of any person in a facility under this
Section the Department shall ensure that an appropriate training
plan for staff is provided by the facility.
Said training may include instruction and demonstration
by Department personnel qualified in the area of mental illness
or intellectual disabilities, as applicable to the person to be placed.  Training may
be given both at the facility from which
the recipient is transferred and at the facility receiving
the recipient, and may be available on a continuing basis
subsequent to placement.  In a facility providing services to former Department
recipients, training shall be available as necessary for
facility staff.  Such training will be on a continuing basis
as the needs of the facility and recipients change and further
training is required.

The Department shall not place any person in a facility
which does not have appropriately trained staff in sufficient
numbers to accommodate the recipient population already at the
facility.  As a condition of further or future placements of
persons, the Department shall require the employment of additional
trained staff members at the facility where said persons are
to be placed.  The Secretary, or his or her designate,
shall establish written guidelines for placement of persons in facilities
under this Act.
The Department shall keep written records detailing which facilities have
been
determined to have staff who have been appropriately trained by the
Department and
all training which it has provided or
required under this Section.

Bills for the support for a person boarded out shall be
payable monthly out of the proper maintenance funds and shall
be audited as any other accounts of the Department.  If a
person is placed in a facility or program outside the Department, the
Department may pay the actual costs of residence, treatment
or maintenance in such facility and may collect such actual
costs or a portion thereof from the recipient or the estate of
a person placed in accordance with this Section.

Other than those placed in a family home the Department
shall cause all persons who are placed in a facility, as defined by the
ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013, or in designated community living
situations or programs, to be visited at least once during the first month
following placement, and once every month thereafter
for the first year following placement
when indicated, but at least quarterly.
After the
first year, the Department shall determine at what point the appropriate
licensing entity for the facility or designated community living situation or
program will assume the responsibility of ensuring that appropriate services
are being provided to the resident.  Once that responsibility is assumed, the
Department may discontinue such visits.  If a long term care
facility has periodic care plan conferences, the visitor may participate
in those conferences, if such participation is approved by the resident or the
resident's guardian.
Visits shall be made by qualified
and trained Department personnel, or their designee,
in the area of mental health or developmental disabilities
applicable to the person visited, and shall be made on a
more frequent basis when indicated.  The Department may not use as
designee any personnel connected with or responsible to the representatives
of any facility in which persons who have been transferred under this
Section are placed.   In the course of such visit there shall be
consideration of the following areas, but not limited
thereto:  effects of transfer on physical and mental health
of the person, sufficiency of nursing care and medical coverage
required by the person, sufficiency of staff personnel and
ability to provide basic care for the person, social, recreational
and programmatic activities available for the person, and other
appropriate aspects of the person's environment.

A report containing the above observations shall be made
to the Department, to the licensing agency, and to any other appropriate
agency
subsequent to each visitation.  The report shall contain
recommendations to improve the care and treatment of the resident, as
necessary, which shall be reviewed by the facility's interdisciplinary team and
the resident or the resident's legal guardian.

Upon the complaint of any person placed in accordance
with this Section or any responsible citizen or upon discovery
that such person has been abused, neglected, or improperly cared
for, or that the placement does not provide the type of care required by
the recipient's current condition, the Department
immediately shall investigate, and determine if the well-being, health,
care, or safety of any person is affected by any of the above occurrences,
and if any one of the above occurrences is verified, the Department shall
remove such person at once to a facility of the Department
or to another facility outside the Department, provided such
person's needs can be met at said facility.  The Department may
also provide any person placed in accordance with this Section
who is without available funds, and who is permitted to engage
in employment outside the facility, such sums for the transportation,
and other expenses as may be needed by him until he receives
his wages for such employment.

The Department shall promulgate rules and regulations
governing the purchase of care for persons who are wards of
or who are receiving services from the Department.  Such rules
and regulations shall apply to all monies expended by any agency
of the State of Illinois for services rendered by any person,
corporate entity, agency, governmental agency or political
subdivision whether public or private outside of the Department
whether payment is made through a contractual, per-diem or
other arrangement.  No funds shall be paid to any person,
corporation, agency, governmental entity or political
subdivision without compliance with such rules and regulations.

The rules and regulations governing purchase of care shall
describe categories and types of service deemed appropriate
for purchase by the Department.

Any provider of services under this Act may elect to receive payment
for those services, and the Department is authorized to arrange for that
payment, by means of direct deposit transmittals to the service provider's
account maintained at a bank, savings and loan association, or other
financial institution.  The financial institution shall be approved by the
Department, and the deposits shall be in accordance with rules and
regulations adopted by the Department.

(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)