Sen. George P. Shadid
Filed: 3/1/2004
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1 | AMENDMENT TO HOUSE BILL 722
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2 | AMENDMENT NO. ______. Amend House Bill 722 by replacing the | ||||||
3 | title with the following:
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4 | "AN ACT in relation to mental health."; and
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5 | by replacing everything after the enacting clause with the | ||||||
6 | following:
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7 | "Section 5. The Mental Health and Developmental | ||||||
8 | Disabilities Code is amended by changing Sections 3-605 and | ||||||
9 | 3-819 as follows:
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10 | (405 ILCS 5/3-605) (from Ch. 91 1/2, par. 3-605)
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11 | Sec. 3-605. (a) In counties with a population of 3,000,000 | ||||||
12 | or more, upon receipt of a petition and certificate prepared
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13 | pursuant to this Article, the county sheriff of the county in | ||||||
14 | which a
respondent is found shall take a respondent into
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15 | custody and transport him to a mental health facility, or may | ||||||
16 | make
arrangements
with another public or private entity | ||||||
17 | including a licensed ambulance service to
transport the | ||||||
18 | respondent to the mental health facility.
In the event it
is | ||||||
19 | determined by such facility that the respondent is in need of | ||||||
20 | commitment
or treatment at another mental health facility, the | ||||||
21 | county sheriff
shall transport the respondent to the | ||||||
22 | appropriate mental health facility,
or the county sheriff may |
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1 | make arrangements with another public or private
entity | ||||||
2 | including a licensed
ambulance service to transport the | ||||||
3 | respondent to the mental health facility.
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4 | (b) The county
sheriff
may delegate his duties under | ||||||
5 | subsection (a)
hereunder to another law enforcement body within
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6 | that county if that law enforcement body agrees.
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7 | (b-5) In counties with a population under 3,000,000, upon | ||||||
8 | receipt of a petition and certificate prepared pursuant to this | ||||||
9 | Article, the Department shall make arrangements to | ||||||
10 | appropriately transport the respondent to a mental health | ||||||
11 | facility. In the event it is determined by the facility that | ||||||
12 | the respondent is in need of commitment or treatment at another | ||||||
13 | mental health facility, the Department shall make arrangements | ||||||
14 | to appropriately transport the respondent to another mental | ||||||
15 | health facility. The making of such arrangements and agreements | ||||||
16 | with public or private entities is independent of the | ||||||
17 | Department's role as a provider of mental health services and | ||||||
18 | does not indicate that the respondent is admitted to any | ||||||
19 | Department facility. In making such arrangements and | ||||||
20 | agreements with other public or private entities, the | ||||||
21 | Department shall include provisions to ensure (i) the provision | ||||||
22 | of trained personnel and the use of an appropriate vehicle for | ||||||
23 | the safe transport of the respondent and (ii) that the | ||||||
24 | respondent's insurance carrier as well as other programs, both | ||||||
25 | public and private, that provide payment for such | ||||||
26 | transportation services are fully utilized to the maximum | ||||||
27 | extent possible. | ||||||
28 | The Department may not make arrangements with an existing | ||||||
29 | hospital or grant-in-aid or fee-for-service community provider | ||||||
30 | for transportation services under this Section unless the | ||||||
31 | hospital or provider has voluntarily submitted a proposal for | ||||||
32 | its transportation services. This requirement does not | ||||||
33 | eliminate or reduce any responsibility on the part of a | ||||||
34 | hospital or community provider to ensure transportation that |
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1 | may arise independently through other State or federal law or | ||||||
2 | regulation.
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3 | (c) The transporting authority acting in good faith and | ||||||
4 | without negligence
in connection with the transportation of | ||||||
5 | respondents shall incur no liability,
civil or criminal, by | ||||||
6 | reason of such transportation.
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7 | (d) The respondent
and the estate of that respondent are | ||||||
8 | liable for the payment
of transportation costs for transporting | ||||||
9 | the respondent to a mental health
facility. If the respondent
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10 | is a beneficiary of a trust described in Section 15.1 of the | ||||||
11 | Trusts and
Trustees Act, the trust shall not be considered a | ||||||
12 | part of the respondent's
estate and shall not be subject to | ||||||
13 | payment for transportation costs for
transporting the | ||||||
14 | respondent to a mental health facility
under this Section | ||||||
15 | except to the extent permitted under Section 15.1 of the
Trusts | ||||||
16 | and Trustees Act. If the respondent is unable to pay or if the | ||||||
17 | estate
of the respondent is insufficient, the responsible | ||||||
18 | relatives are severally
liable for the payment of those sums or | ||||||
19 | for the balance due in case less
than the amount owing has been | ||||||
20 | paid.
If the respondent is covered by insurance, the insurance | ||||||
21 | carrier shall be
liable for payment to the extent authorized by | ||||||
22 | the respondent's insurance
policy.
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23 | (Source: P.A. 87-1158.)
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24 | (405 ILCS 5/3-819) (from Ch. 91 1/2, par. 3-819)
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25 | Sec. 3-819. (a) In counties with a population of 3,000,000 | ||||||
26 | or more, when a recipient is hospitalized upon court order, the | ||||||
27 | order
may authorize a relative or friend of the recipient to | ||||||
28 | transport the recipient
to the facility if such person is able | ||||||
29 | to do so safely and humanely. When
the Department indicates | ||||||
30 | that it has transportation to the facility available,
the order | ||||||
31 | may authorize the Department to transport the recipient there.
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32 | The court may order the sheriff of the county in which such | ||||||
33 | proceedings
are held to transport the recipient to the |
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1 | facility. When a recipient is
hospitalized upon court order, | ||||||
2 | and the recipient has been transported to a
mental health | ||||||
3 | facility, other than a state-operated mental health facility, | ||||||
4 | and
it is determined by the facility that the recipient is in | ||||||
5 | need of commitment or
treatment at another mental health | ||||||
6 | facility, the court shall determine whether
a relative or | ||||||
7 | friend of the recipient or the Department is authorized to
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8 | transport the recipient between facilities, or whether the | ||||||
9 | county sheriff
is responsible for transporting the recipient | ||||||
10 | between facilities. The sheriff
may make arrangements with | ||||||
11 | another public or private entity including a
licensed ambulance | ||||||
12 | service to transport the recipient to the facility. The
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13 | transporting entity acting in good faith and without negligence | ||||||
14 | in connection
with the transportation of recipients shall incur | ||||||
15 | no liability, civil or
criminal, by reason of such | ||||||
16 | transportation.
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17 | (a-5) In counties with a population under 3,000,000, when a | ||||||
18 | recipient is hospitalized upon court order, the order may | ||||||
19 | authorize a relative or friend of the recipient to transport | ||||||
20 | the recipient to the facility if the person is able to do so | ||||||
21 | safely and humanely. The court may order the Department to | ||||||
22 | transport the recipient to the facility. When a recipient is | ||||||
23 | hospitalized upon court order, and the recipient has been | ||||||
24 | transported to a mental health facility other than a | ||||||
25 | State-operated mental health facility, and it is determined by | ||||||
26 | the facility that the recipient is in need of commitment or | ||||||
27 | treatment at another mental health facility, the court shall | ||||||
28 | determine whether a relative or friend of the recipient is | ||||||
29 | authorized to transport the recipient between facilities, or | ||||||
30 | whether the Department is responsible for transporting the | ||||||
31 | recipient between facilities. If the court determines that the | ||||||
32 | Department is responsible for the transportation, the | ||||||
33 | Department shall make arrangements either directly or through | ||||||
34 | agreements with another public or private entity, including a |
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1 | licensed ambulance service, to appropriately transport the | ||||||
2 | recipient to the facility. The making of such arrangements and | ||||||
3 | agreements with public or private entities is independent of | ||||||
4 | the Department's role as a provider of mental health services | ||||||
5 | and does not indicate that the recipient is admitted to any | ||||||
6 | Department facility. In making such arrangements and | ||||||
7 | agreements with other public or private entities, the | ||||||
8 | Department shall include provisions to ensure (i) the provision | ||||||
9 | of trained personnel and the use of an appropriate vehicle for | ||||||
10 | the safe transport of the recipient and (ii) that the | ||||||
11 | recipient's insurance carrier as well as other programs, both | ||||||
12 | public and private, that provide payment for such | ||||||
13 | transportation services are fully utilized to the maximum | ||||||
14 | extent possible. | ||||||
15 | The Department may not make arrangements with an existing | ||||||
16 | hospital or grant-in-aid or fee-for-service community provider | ||||||
17 | for transportation services under this Section unless the | ||||||
18 | hospital or provider has voluntarily submitted a proposal for | ||||||
19 | its transportation services. This requirement does not | ||||||
20 | eliminate or reduce any responsibility on the part of a | ||||||
21 | hospital or community provider to ensure transportation that | ||||||
22 | may arise independently through other State or federal law or | ||||||
23 | regulation. | ||||||
24 | A transporting entity acting in good faith and without | ||||||
25 | negligence in connection with the transportation of a recipient | ||||||
26 | incurs no liability, civil or criminal, by reason of that | ||||||
27 | transportation.
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28 | (b) The court may authorize the transporting entity may
to
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29 | bill the recipient,
the estate of the recipient, legally | ||||||
30 | responsible relatives, or insurance
carrier for the cost of | ||||||
31 | providing transportation of the recipient to a mental
health | ||||||
32 | facility. The recipient and the estate of the recipient are | ||||||
33 | liable
for the payment of transportation costs for transporting | ||||||
34 | the recipient to a
mental health facility. If the recipient is |
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1 | a beneficiary of a trust
described in Section 15.1 of the | ||||||
2 | Trusts and Trustees Act, the trust shall
not be considered a | ||||||
3 | part of the recipient's estate and shall not be subject
to | ||||||
4 | payment for transportation costs for transporting the | ||||||
5 | recipient to a
mental health facility under this section, | ||||||
6 | except to the extent permitted
under Section 15.1 of the Trusts | ||||||
7 | and Trustees Act. If the recipient is
unable to pay or if the | ||||||
8 | estate of the recipient is insufficient, the
responsible | ||||||
9 | relatives are severally liable for the payment of those sums or
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10 | for the balance due in case less than the amount owing has been | ||||||
11 | paid. If
the recipient is covered by insurance, the insurance | ||||||
12 | carrier shall be
liable for payment to the extent authorized by | ||||||
13 | the recipient's insurance
policy.
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14 | (c) Upon the delivery of a recipient to a facility, in | ||||||
15 | accordance with the
procedure set forth in this Article, the | ||||||
16 | facility director of the facility
shall sign a receipt | ||||||
17 | acknowledging custody of the recipient and for any
personal | ||||||
18 | property belonging to him, which receipt shall be filed with | ||||||
19 | the clerk
of the court entering the hospitalization order.
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20 | (Source: P.A. 87-1158; 88-380.)
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21 | Section 99. Effective date. This Act takes effect January | ||||||
22 | 1, 2005.".
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