SB1623 97TH GENERAL ASSEMBLY

LRB097 08881 KTG 49011 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1623

Introduced 2/9/2011, by Sen. Heather A. Steans

SYNOPSIS AS INTRODUCED:

New Act

Creates the Community Mental Health Services Accountability Act. Requires the Department of Human Services to draft and present no later than July 1, 2011 new administrative rules governing all community residential mental health services that are currently governed by the Illinois Administrative Code. Requires the new rules to include, but not be limited to, standards for environmental management of living arrangements; administrative requirements; monitoring and review; and licensure requirements. Contains provisions concerning the drafting and presentation of rules stipulating life safety standards; rules designed for supportive housing facilities; and the creation of an Outcome Monitoring Pilot Program. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Community Mental Health Services Accountability Act.

Section 5. Legislative findings.

(a) The General Assembly finds that the community mental health delivery system has changed significantly since administrative rules were enacted to govern and regulate community mental health settings.

(b) A continued push for deinstitutionalization has heightened the need for more accountability within the community mental health system to ensure that appropriate services are being delivered in safe settings.

(c) To ensure that scarce taxpayers' dollars are being spent conscientiously, the State of Illinois needs to develop a system by which expenditures are identified and the true cost of community mental health services is transparent and comprehensible.

(d) To further ensure that State resources are being used effectively, the State should require reporting on measurable outcomes and goals within the community mental health system.

(e) Supportive housing for those with mental illness is a unique community arrangement within the broad spectrum of community mental health services and is treated as such within the Department of Human Services' budget. Since this is the case, a unique and separate set of regulations is necessary for supportive housing services.

Section 10. Oversight. The Department of Human Services shall draft and present new administrative rules governing all community residential mental health services that are currently governed by Title 59, Part 132 of the Illinois Administrative Code. These new rules shall supplant Title 59, Part 132 of the Illinois Administrative Code for those providing residential service to individuals with severe mental illness and shall be submitted no later than July 1, 2011. These new rules shall be substantially similar to the rules governing community integrated living arrangements contained in Title 59, Part 115 of the Illinois Administrative Code. The new rules governing community residential mental health providers shall not take the place of Title 59, Part 115 of the Illinois Administrative Code for those providers designated as community integrated living arrangements but will apply new standards to those providing residential services governed by Title 59, Part 132 of the Illinois Administrative Code prior to the effective date of this Act. The new rules to be submitted by the Department must include, but is not limited to, standards for:

(1) Environmental management of living arrangements.

(2) Administrative requirements.

(3) Monitoring and review.

(4) Licensure requirements.

Section 15. Life safety standards. The Department shall draft and present rules stipulating life safety standards for all community residential mental health services by July 1, 2011. These rules shall prohibit an individual seeking residential mental health services from being placed in any facility that is known to have life safety violations. The Department shall further adopt rules prohibiting any entity serving those with severe mental illness from knowingly recommending housing in any setting that has known building code violations or is in violation of any local or State life safety codes.

Section 20. Supportive housing. The Department shall draft rules specifically designed for supportive housing facilities that receive funds from the Department for this purpose. The administrative rules shall be prepared and presented by the Department by July 1, 2011. The rules to be proposed shall include a requirement that prior to supportive housing services being delivered, a projected cost analysis shall be conducted to determine if the cost of supportive housing would exceed the cost of any other community residential placement. The cost analysis shall include the cost of supportive housing, all community-based services to be received by the resident, transportation, and all other services and supports. The rules governing supportive housing shall also include, but not be limited to, standards for the following:

(1) Environmental management of living arrangements.

(2) Administrative requirements.

(3) Monitoring and review.

(4) Licensure requirements.

(5) Life safety standards.

Section 25. Dispensing public information. The Department shall make any and all surveys conducted on the outcomes and perceptions of the State's mental health delivery system available to the public on the Department's website. These surveys shall be posted beginning July 1, 2011 and shall be listed under a link entitled "publications" within the Division of Mental Health's portion of the Department's website.

Section 30. Outcome Monitoring Pilot Program. The Department shall create a pilot program, in conjunction with the Department of Healthcare and Family Services, in which the Department shall identify at least 1,000 clients residing in Cook County and served by agencies covered under this Act. The Department shall follow and track any and all services provided to these individuals, including, but not limited to:

(1) The type of residential setting in which the individual is living.

(2) Any type of inpatient or outpatient services the individual may be receiving.

(3) Any type of state-subsidized supports the individual may be receiving.

Upon identifying the 1,000 participants in this informative project, the Department shall document the residential and community services each individual receives at the beginning of this project and shall continue to record any changes to these services over the course of the year. The tracking of changes shall include any change in housing or residential services, any change in community supports received, and any changes to medical care received over the course of a year. The Department shall also track the cost of the various services received by each individual in the program including residential costs, community supports, counseling, and medical costs.

The Department shall compile the data collected under this pilot program and submit a report to the General Assembly no later than March 1, 2013. This report shall include individual costs by participant without identifying any participant by name. The report shall also identify the services received by each individual during the course of the yearlong study. The Report shall identify what percentages of different services are received by the population that participates in this study.

Nothing in this Act shall be construed to infringe upon the privacy rights of those encompassed by the project and the Department is prohibited from identifying those who were documented in the course of this project.

Nothing in this Act shall be construed to compel any individual from participating in this project. Any individual may request not to be included in this project.

This pilot program shall commence no later than January 1, 2012.

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