SB1623 EnrolledLRB097 08881 KTG 49011 b


  
1    AN ACT concerning health.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
4    Section 5. The Mental Health and Developmental 
5Disabilities Administrative Act is amended  by adding Section 73 
6as follows:
 
7    (20 ILCS 1705/73 new)
8    Sec. 73. Report; Williams v. Quinn consent decree. 
9    (a) Annual Report.
10        (1) No later that December 31, 2011, and on December 
11    31st of each of the following 4 years, the Department of 
12    Human Services shall prepare and submit an annual report to 
13    the General Assembly concerning the implementation of the 
14    Williams v. Quinn consent decree and other efforts to move 
15    persons with mental illnesses from institutional settings 
16    to community-based settings.  This report shall include:
17            (A) The number of persons who have been moved from 
18        long-term care facilities to community-based settings 
19        during the previous year and the number of persons 
20        projected to be moved during the next year.
21            (B) Any implementation or compliance reports 
22        prepared by the State for the Court or the 
23        court-appointed monitor in Williams v. Quinn.
 
 
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1            (C) Any reports from the court-appointed monitor 
2        or findings by the Court reflecting the Department's 
3        compliance or failure to comply with the Williams v. 
4        Quinn consent decree and any other order issued during 
5        that proceeding.
6            (D) Statistics reflecting the number and types of 
7        community-based services provided to persons who have 
8        been moved from long-term care facilities to 
9        community-based settings.
10            (E) Any additional community-based services which 
11        are or will be needed in order to ensure maximum 
12        community integration as provided for by the Williams 
13        v. Quinn consent decree, and the Department's plan for 
14        providing these services. 
15            (F) Any and all costs associated with 
16        transitioning residents from institutional settings to 
17        community-based settings, including, but not limited 
18        to, the cost of residential services, the cost of 
19        outpatient treatment, and the cost of all community 
20        support services facilitating the community-based 
21        setting. 
22        (2) The requirement for reporting to the General 
23    Assembly shall be satisfied by filing copies of the report 
24    with the Speaker, Minority Leader, and Clerk of the House 
25    of Representatives; the President, Minority Leader, and 
26    Secretary of the Senate; and the Legislative Research Unit, 
 
 
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1    as required by Section 3.1 of the General Assembly 
2    Organization Act, and by filing additional copies with the 
3    State Government Report Distribution Center for the 
4    General Assembly as required under paragraph (t) of Section 
5    7 of the State Library Act.
6    (b) Department rule. The Department of Human Services shall 
7draft and promulgate a new rule governing community-based 
8residential settings.
The new rule for community-based 
9residential settings shall include settings that offer to 
10persons with serious mental illness (i) community-based 
11residential recovery-oriented mental health care, treatment, 
12and services; and (ii) community-based residential mental 
13health and co-occurring substance use disorder care, 
14treatment, and services.  
15    Community-based residential settings shall honor a 
16consumer's choice as well as a consumer's right to live in the:
17        (1) Least restrictive environment.
18        (2) Most appropriate integrated setting.
19        (3) Least restrictive environment and most appropriate 
20    integrated setting designed to assist the individual in 
21    living in a safe, appropriate, and therapeutic 
22    environment.
23        (4) Least restrictive environment and most appropriate 
24    integrated setting that affords the person the opportunity 
25    to live similarly to persons without serious mental 
26    illness. 
 
 
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1    The new rule for community-based residential settings 
2shall be drafted in such a manner as to delineate 
3State-supported care, treatment, and services appropriately 
4governed within the new rule, and shall continue eligibility 
5for eligible individuals in programs governed by Title 59, Part 
6132 of the Illinois Administrative Code.
The Department shall 
7draft a new rule for community-based residential settings by 
8January 1, 2012. The new rule must include, but shall not be 
9limited to, standards for:
10        (i) Administrative requirements.
11        (ii) Monitoring, review, and reporting.
12        (iii) Certification requirements.
13        (iv) Life safety.
14    (c) Study of housing and residential services. By no later 
15than October 1, 2011, the Department shall conduct a statewide 
16study to assess the existing types of community-based housing 
17and residential services currently being provided to 
18individuals with mental illnesses in Illinois. This study shall 
19include State-funded and federally funded housing and 
20residential services. The results of this study shall be used 
21to inform the rulemaking process outlined in subsection (b).
 

22    Section 99. Effective date. This Act takes effect upon 
23becoming law.