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1 | AN ACT concerning mental health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Mental Health and Developmental | ||||||||||||||||||||||||||||||
5 | Disabilities Administrative Act is amended by changing Section | ||||||||||||||||||||||||||||||
6 | 15 as follows:
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7 | (20 ILCS 1705/15) (from Ch. 91 1/2, par. 100-15)
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8 | Sec. 15. Before any person is released from a facility
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9 | operated by the State or that receives moneys from the | ||||||||||||||||||||||||||||||
10 | Department for the provision of mental health services to | ||||||||||||||||||||||||||||||
11 | persons who would be eligible for treatment in a facility | ||||||||||||||||||||||||||||||
12 | operated by the Department pursuant to an absolute discharge or | ||||||||||||||||||||||||||||||
13 | a
conditional discharge from hospitalization under this Act, | ||||||||||||||||||||||||||||||
14 | the
facility director of the facility in which such person is
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15 | hospitalized shall determine that such person is not currently
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16 | in need of hospitalization and:
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17 | (a) is able to live independently in the community; or
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18 | (b) requires further oversight and supervisory care | ||||||||||||||||||||||||||||||
19 | for which
arrangements have been made with responsible | ||||||||||||||||||||||||||||||
20 | relatives
or supervised residential program approved by | ||||||||||||||||||||||||||||||
21 | the Department; or
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22 | (c) requires further personal care or general | ||||||||||||||||||||||||||||||
23 | oversight as
defined by the Nursing Home Care Act, for | ||||||||||||||||||||||||||||||
24 | which
placement arrangements have been made with a suitable | ||||||||||||||||||||||||||||||
25 | family
home or other licensed facility approved by the | ||||||||||||||||||||||||||||||
26 | Department under this
Section.
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27 | Such determination shall be made in writing and shall | ||||||||||||||||||||||||||||||
28 | become a
part of the facility record of such absolutely or
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29 | conditionally discharged person. When the determination | ||||||||||||||||||||||||||||||
30 | indicates that the
condition of the person to be granted an | ||||||||||||||||||||||||||||||
31 | absolute discharge or
a conditional discharge is described | ||||||||||||||||||||||||||||||
32 | under subparagraph (c) of
this Section, the name and address of |
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1 | the continuing care
facility or home to which such person is to | ||||||
2 | be released shall
be entered in the facility record. Where a | ||||||
3 | discharge from a
mental health facility is made under | ||||||
4 | subparagraph (c), the
facility director
Department
shall | ||||||
5 | assign the person so discharged to an existing community
based | ||||||
6 | not-for-profit agency for participation in day activities
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7 | suitable to the person's needs, such as but not limited to
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8 | social and vocational rehabilitation, and other recreational,
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9 | educational and financial activities unless the community | ||||||
10 | based
not-for-profit agency is unqualified to accept such | ||||||
11 | assignment.
Where the clientele of any not-for-profit agency | ||||||
12 | increases as
a result of assignments under this amendatory Act | ||||||
13 | of 1977 by
more than 3% over the prior year, the Department | ||||||
14 | shall fully
reimburse such agency for the costs of providing | ||||||
15 | services to
such persons in excess of such 3% increase.
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16 | Insofar as desirable in the interests of the former | ||||||
17 | recipient, the
facility, program or home in which the | ||||||
18 | discharged person
is to be placed shall be located in or near | ||||||
19 | the community in which the
person resided prior to | ||||||
20 | hospitalization or in the community in
which the person's | ||||||
21 | family or nearest next of kin presently reside.
Placement of | ||||||
22 | the discharged person in facilities, programs or homes located
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23 | outside of this State shall not be made by the Department
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24 | unless
there are no appropriate facilities, programs or homes | ||||||
25 | available within this
State. Out-of-state placements shall be | ||||||
26 | subject to return of recipients
so placed upon the availability | ||||||
27 | of facilities, programs or homes within this
State to | ||||||
28 | accommodate these recipients, except where placement in a | ||||||
29 | contiguous
state results in locating a recipient in a facility | ||||||
30 | or program closer to the
recipient's home or family. If an | ||||||
31 | appropriate facility or program becomes
available equal to or | ||||||
32 | closer to the recipient's home or family, the recipient
shall | ||||||
33 | be returned to and placed at the appropriate facility or | ||||||
34 | program within
this State.
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35 | To place any person who is under a program operated or | ||||||
36 | funded by
of the Department
at board in a suitable family home |
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1 | or in such other facility or program as
the Department may | ||||||
2 | consider desirable. The facility
Department may place
in | ||||||
3 | licensed nursing homes, sheltered care homes, or homes for
the | ||||||
4 | aged those persons whose behavioral manifestations and medical
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5 | and nursing care needs are such as to be substantially | ||||||
6 | indistinguishable
from persons already living in such | ||||||
7 | facilities. Prior to any
placement by the Department under this | ||||||
8 | Section, a determination
shall be made by the personnel of the
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9 | Department or their designees , as to the capability and | ||||||
10 | suitability of such
facility to adequately meet the needs of | ||||||
11 | the person to be
discharged. When specialized
programs are | ||||||
12 | necessary in order to enable persons in need of
supervised | ||||||
13 | living to develop and improve in the community, the
facility
| ||||||
14 | Department shall place such persons only in specialized | ||||||
15 | residential
care facilities which shall meet Department | ||||||
16 | standards including
restricted admission policy, special | ||||||
17 | staffing and programming
for social and vocational | ||||||
18 | rehabilitation, in addition to the
requirements of the | ||||||
19 | appropriate State licensing agency. The
facility
Department
| ||||||
20 | shall not place any new person in a facility the
license of | ||||||
21 | which has been revoked or not renewed on grounds
of inadequate | ||||||
22 | programming, staffing, or medical or adjunctive
services, | ||||||
23 | regardless of the pendency of an action
for administrative | ||||||
24 | review regarding such revocation or failure
to renew. Before | ||||||
25 | the facility
Department may transfer any person to a
licensed | ||||||
26 | nursing home, sheltered care home or home for the
aged or place | ||||||
27 | any person in a specialized residential care
facility , the | ||||||
28 | facility
Department shall notify the person to be
transferred, | ||||||
29 | or a responsible relative of such person, in
writing, at least | ||||||
30 | 30 days before the proposed transfer, with
respect to all the | ||||||
31 | relevant facts concerning such transfer,
except in cases of | ||||||
32 | emergency when such notice is not required.
If either the | ||||||
33 | person to be transferred or a responsible
relative of such | ||||||
34 | person objects to such transfer, in writing
to the Department, | ||||||
35 | at any time after receipt of notice and
before the transfer, | ||||||
36 | the Department
facility director of the facility in
which the |
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1 | person was a recipient shall immediately schedule a
hearing at | ||||||
2 | the facility with the presence of the facility director,
the | ||||||
3 | person who objected to such proposed transfer, and a
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4 | psychiatrist who is familiar with the record of the person
to | ||||||
5 | be transferred. Such person to be transferred or a
responsible | ||||||
6 | relative may be represented by such counsel or
interested party | ||||||
7 | as he may appoint, who may present such
testimony with respect | ||||||
8 | to the proposed transfer. Testimony
presented at such hearing | ||||||
9 | shall become a part of the facility
record of the | ||||||
10 | person-to-be-transferred. The record of testimony
shall be | ||||||
11 | held in the person-to-be-transferred's record in the
central | ||||||
12 | files of the facility. If such hearing is held a transfer
may | ||||||
13 | only be implemented, if at all, in accordance with the results
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14 | of such hearing. Within 15 days after such hearing the
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15 | Secretary of the Department or his or her designee
facility | ||||||
16 | director shall deliver his findings based
on the record of the | ||||||
17 | case and the testimony presented at the hearing,
by registered | ||||||
18 | or certified mail, to the parties to such hearing.
The findings | ||||||
19 | of the Secretary
facility director shall be
deemed a final | ||||||
20 | administrative decision of the Department. For purposes of
this | ||||||
21 | Section, "case of emergency" means those instances in
which the | ||||||
22 | health of the person to be transferred is imperiled
and the | ||||||
23 | most appropriate mental health care or medical care is
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24 | available at a licensed nursing home, sheltered care home or
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25 | home for the aged or a specialized residential care facility.
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26 | Prior to placement of any person in a facility under this
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27 | Section the Department or its designee shall ensure that an | ||||||
28 | appropriate training
plan for staff is provided by the | ||||||
29 | facility.
Said training may include instruction and | ||||||
30 | demonstration
by Department personnel qualified in the area of | ||||||
31 | mental illness
or mental retardation, as applicable to the | ||||||
32 | person to be placed. Training may
be given both at the facility | ||||||
33 | from which
the recipient is transferred and at the facility | ||||||
34 | receiving
the recipient, and may be available on a continuing | ||||||
35 | basis
subsequent to placement. In a facility providing services | ||||||
36 | to former Department
recipients, training shall be available as |
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1 | necessary for
facility staff. Such training will be on a | ||||||
2 | continuing basis
as the needs of the facility and recipients | ||||||
3 | change and further
training is required.
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4 | The Department shall not place any person in a facility
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5 | which does not have appropriately trained staff in sufficient
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6 | numbers to accommodate the recipient population already at the
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7 | facility. As a condition of further or future placements of
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8 | persons, the Department shall require the employment of | ||||||
9 | additional
trained staff members at the facility where said | ||||||
10 | persons are
to be placed. The Secretary, or his or her | ||||||
11 | designate,
shall establish guidelines for placement of persons | ||||||
12 | in facilities under this
Act.
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13 | Bills for the support for a person boarded out shall be
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14 | payable monthly out of the proper maintenance funds and shall
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15 | be audited as any other accounts of the Department. If a
person | ||||||
16 | is placed in a facility or program outside the Department, the
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17 | Department may pay the actual costs of residence, treatment
or | ||||||
18 | maintenance in such facility and may collect such actual
costs | ||||||
19 | or a portion thereof from the recipient or the estate of
a | ||||||
20 | person placed in accordance with this Section.
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21 | Other than those placed in a family home the Department
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22 | shall cause all persons who are placed in a facility, as | ||||||
23 | defined by the
Nursing Home Care Act, or in designated | ||||||
24 | community living
situations or programs, to be visited at least | ||||||
25 | once during the first month following placement, and once every | ||||||
26 | month
thereafter when indicated. Visits shall be made by | ||||||
27 | qualified
and trained Department personnel, or their designee,
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28 | in the area of mental health or developmental disabilities
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29 | applicable to the person visited, and shall be made on a
more | ||||||
30 | frequent basis when indicated. The Department may not use as
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31 | designee any personnel connected with or responsible to the | ||||||
32 | representatives
of any facility in which persons who have been | ||||||
33 | transferred under this
Section are placed. In the course of | ||||||
34 | such visit there shall be
consideration of the following areas, | ||||||
35 | but not limited
thereto: effects of transfer on physical and | ||||||
36 | mental health
of the person, sufficiency of nursing care and |
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1 | medical coverage
required by the person, sufficiency of staff | ||||||
2 | personnel and
ability to provide basic care for the person, | ||||||
3 | social, recreational
and programmatic activities available for | ||||||
4 | the person, and other
appropriate aspects of the person's | ||||||
5 | environment.
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6 | A report containing the above observations shall be made
to | ||||||
7 | the Department and to any other appropriate agency subsequent
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8 | to each visitation. At the conclusion of one year following | ||||||
9 | absolute or
conditional discharge, or a longer period of time | ||||||
10 | if required by the
Department, the Department may terminate the | ||||||
11 | visitation requirements of
this Section as to a person placed | ||||||
12 | in accordance with this Section, by
filing a written statement | ||||||
13 | of termination setting forth reasons to
substantiate the | ||||||
14 | termination of visitations in the person's file, and
sending a | ||||||
15 | copy thereof to the person, and to his guardian or next of kin.
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16 | Upon the complaint of any person placed in accordance
with | ||||||
17 | this Section or any responsible citizen or upon discovery
that | ||||||
18 | such person has been abused, neglected, or improperly cared
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19 | for, or that the placement does not provide the type of care | ||||||
20 | required by
the recipient's current condition, the Department
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21 | immediately shall investigate, and determine if the | ||||||
22 | well-being, health,
care, or safety of any person is affected | ||||||
23 | by any of the above occurrences,
and if any one of the above | ||||||
24 | occurrences is verified, the Department shall
remove such | ||||||
25 | person at once to a facility of the Department
or to another | ||||||
26 | facility outside the Department, provided such
person's needs | ||||||
27 | can be met at said facility. The Department may
also provide | ||||||
28 | any person placed in accordance with this Section
who is | ||||||
29 | without available funds, and who is permitted to engage
in | ||||||
30 | employment outside the facility, such sums for the | ||||||
31 | transportation,
and other expenses as may be needed by him | ||||||
32 | until he receives
his wages for such employment.
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33 | The Department shall promulgate rules and regulations
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34 | governing the purchase of care for persons who are wards of
or | ||||||
35 | who are receiving services from the Department. Such rules
and | ||||||
36 | regulations shall apply to all monies expended by any agency
of |
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1 | the State of Illinois for services rendered by any person,
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2 | corporate entity, agency, governmental agency or political
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3 | subdivision whether public or private outside of the Department
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4 | whether payment is made through a contractual, per-diem or
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5 | other arrangement. No funds shall be paid to any person,
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6 | corporation, agency, governmental entity or political
| ||||||
7 | subdivision without compliance with such rules and | ||||||
8 | regulations.
| ||||||
9 | The rules and regulations governing purchase of care shall
| ||||||
10 | describe categories and types of service deemed appropriate
for | ||||||
11 | purchase by the Department.
| ||||||
12 | Any provider of services under this Act may elect to | ||||||
13 | receive payment
for those services, and the Department is | ||||||
14 | authorized to arrange for that
payment, by means of direct | ||||||
15 | deposit transmittals to the service provider's
account | ||||||
16 | maintained at a bank, savings and loan association, or other
| ||||||
17 | financial institution. The financial institution shall be | ||||||
18 | approved by the
Department, and the deposits shall be in | ||||||
19 | accordance with rules and
regulations adopted by the | ||||||
20 | Department.
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21 | (Source: P.A. 89-507, eff. 7-1-97; 90-423, eff. 8-15-97.)
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22 | Section 10. The Mental Health and Developmental | ||||||
23 | Disabilities Code is amended by adding Section 2-116 and by | ||||||
24 | changing Sections 3-405 and 3-903 as follows: | ||||||
25 | (405 ILCS 5/2-116 new) | ||||||
26 | Sec. 2-116. Rights of persons in residential mental health | ||||||
27 | facilities whose care is funded by the Department. | ||||||
28 | Notwithstanding any other provision of this Act, if a person is | ||||||
29 | receiving services in a residential mental health facility and | ||||||
30 | those services are being funded in whole or in part by the | ||||||
31 | Department, that person shall be afforded the rights and | ||||||
32 | procedures set forth in Sections 3-405 and 3-903 of this Act.
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33 | (405 ILCS 5/3-405) (from Ch. 91 1/2, par. 3-405)
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1 | Sec. 3-405. (a) If the facility director of a Department
| ||||||
2 | mental
health facility operated by the Department or that | ||||||
3 | receives moneys from the Department for the provision of mental | ||||||
4 | health services to persons who would be eligible for treatment | ||||||
5 | in a facility operated by the Department declines to admit a
| ||||||
6 | person seeking admission under Articles III or IV of this | ||||||
7 | Chapter, a review of
the denial may be requested by the person | ||||||
8 | seeking admission or, with his
consent, by an interested person | ||||||
9 | on his behalf. Such a request may be made on
behalf of a minor | ||||||
10 | presented for admission under Section 3-502, 3-503 or 3-504
by | ||||||
11 | the minor's attorney, by the parent, guardian or person in loco | ||||||
12 | parentis who
executed the application for his admission, or by | ||||||
13 | the minor himself if he is 16
years of age or older. Whenever | ||||||
14 | admission to a Department facility operated by the Department | ||||||
15 | or that receives moneys from the Department for the provision | ||||||
16 | of mental health services to persons who would be eligible for | ||||||
17 | treatment in a facility operated by the Department is denied,
| ||||||
18 | the person seeking admission shall immediately be given written | ||||||
19 | notice of the
right to request review of the denial under this | ||||||
20 | Section and shall be provided,
if he is 12 or older, with the | ||||||
21 | address and phone number of the Guardianship and
Advocacy | ||||||
22 | Commission. If the person requests, the facility director shall | ||||||
23 | assist him in contacting the
Commission. A written request for | ||||||
24 | review shall be submitted to the director of
the facility that | ||||||
25 | denied
admission
within 14 days of the denial. If the recipient | ||||||
26 | is receiving mental health services in a residential mental | ||||||
27 | health facility and those services are funded in whole or in | ||||||
28 | part by the Department, the facility director shall promptly | ||||||
29 | forward a copy of the request to the Department. Upon receipt | ||||||
30 | of the request, the Department
facility
director shall
promptly
| ||||||
31 | schedule a hearing to be held at the denying facility within 7 | ||||||
32 | days pursuant to
Section 3-207.
| ||||||
33 | (b) At the hearing the Department shall have the burden of | ||||||
34 | proving that the person denied admission does
not meet the | ||||||
35 | standard set forth in the Section under which admission is | ||||||
36 | sought
or that an appropriate alternative community treatment |
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1 | program was available to
meet the person's needs and was | ||||||
2 | offered. If the utilization review committee
finds that the | ||||||
3 | decision denying admission is based upon substantial evidence,
| ||||||
4 | it shall recommend that the denial of admission be upheld. | ||||||
5 | However, if it finds
that the facility to which admission is | ||||||
6 | sought can provide adequate and
appropriate treatment for the | ||||||
7 | person and no appropriate community alternative
treatment is | ||||||
8 | available, it shall recommend that the person denied admission | ||||||
9 | be
admitted. If it determines that another facility can provide | ||||||
10 | treatment
appropriate to the clinical condition and needs of | ||||||
11 | the person denied admission,
it may recommend that the | ||||||
12 | Department or other agency assist the person in
obtaining such | ||||||
13 | treatment.
| ||||||
14 | (Source: P.A. 91-726, eff. 6-2-00.)
| ||||||
15 | (405 ILCS 5/3-903) (from Ch. 91 1/2, par. 3-903)
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16 | Sec. 3-903. (a) The facility director shall give written | ||||||
17 | notice of discharge
from a Department mental health facility | ||||||
18 | operated by the Department or that receives moneys from the | ||||||
19 | Department for the provision of mental health services to | ||||||
20 | persons who would be eligible for treatment in a facility | ||||||
21 | operated by the Department to the recipient, his attorney, and
| ||||||
22 | guardian, if any, or in the case of a minor, to his attorney, | ||||||
23 | to the parent,
guardian, or person in loco parentis who | ||||||
24 | executed the application for
admission, to the resident school | ||||||
25 | district when appropriate, and to the minor
if he is l2 years | ||||||
26 | of age or older. The notice, except that to the school
| ||||||
27 | district, shall include the reason for discharge and a | ||||||
28 | statement of the right
to object. Whenever possible, this | ||||||
29 | notice shall be given at least 7 days prior
to the date of | ||||||
30 | intended discharge.
| ||||||
31 | (b) A recipient may object to his discharge or his attorney | ||||||
32 | or guardian
may object on his behalf. In the case of a minor, | ||||||
33 | his attorney, the person
who executed the application or the | ||||||
34 | minor himself if he is 12 years of age
or older may object to | ||||||
35 | the discharge. Prior to discharge a written objection
shall be |
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1 | submitted to the facility director of the mental health | ||||||
2 | facility
where the recipient is located. If the recipient is | ||||||
3 | receiving mental health services in a residential mental health | ||||||
4 | facility and those services are funded in whole or in part by | ||||||
5 | the Department, the facility director shall promptly forward a | ||||||
6 | copy of the objection to the Department. Upon receipt of an | ||||||
7 | objection, the Department
facility
director shall promptly | ||||||
8 | schedule a hearing to be held within 7 days at the
facility | ||||||
9 | pursuant to Section 3-207. No discharge shall proceed pending
| ||||||
10 | hearing on an objection, unless the person objecting to the | ||||||
11 | discharge consents
to discharge pending the outcome of the | ||||||
12 | hearing.
| ||||||
13 | (c) At the hearing the Department shall have the burden of | ||||||
14 | proving that
the recipient meets the standard for discharge | ||||||
15 | under this Chapter and under
Section 15 of the Mental Health | ||||||
16 | and Developmental Disabilities Administrative
Act. If the | ||||||
17 | utilization review committee finds
that the Department | ||||||
18 | sustained its burden and that the proposed discharge is
based | ||||||
19 | upon substantial evidence, it shall recommend that the | ||||||
20 | discharge proceed.
If the utilization review committee does not | ||||||
21 | so find, it shall recommend that
the recipient not be | ||||||
22 | discharged but it may recommend that the recipient be
| ||||||
23 | transferred to another mental health facility which can provide | ||||||
24 | treatment
appropriate to the clinical condition and needs of | ||||||
25 | the recipient. It may
recommend that the Department or other | ||||||
26 | agency assist the person in obtaining
such appropriate | ||||||
27 | treatment.
| ||||||
28 | (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
| ||||||
29 | Section 99. Effective date. This Act takes effect upon | ||||||
30 | becoming law.
|