Public Act 097-0529
 
SB1623 EnrolledLRB097 08881 KTG 49011 b


  
    AN ACT concerning health.
  
 
    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 adding Section 73 
as follows:
 
    (20 ILCS 1705/73 new)
    Sec. 73. 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 
        that proceeding.
            (D) Statistics reflecting the number and types of 
        community-based services provided to persons who have 
        been moved from long-term care facilities to 
        community-based settings.
            (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 
        setting. 
        (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 
residential settings.
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 
    environment.
        (4) Least restrictive environment and most appropriate 
    integrated setting that affords the person the opportunity 
    to live similarly to persons without serious mental 
    illness. 
    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).
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.