101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2409

 

Introduced , by Rep. Avery Bourne

 

SYNOPSIS AS INTRODUCED:
 
405 ILCS 5/3-605  from Ch. 91 1/2, par. 3-605

    Amends the Mental Health and Developmental Disabilities Code. Provides that a person subject to involuntary admission on an inpatient basis may be transported to a hospital nearest to his or her residence (rather than only a mental health facility). Provides that if a person subject to involuntary admission on an inpatient basis is transported to a hospital that is unable to provide treatment to persons subject to involuntary admission on an inpatient basis, the hospital shall arrange for transport of the respondent to a hospital that treats persons subject to involuntary admission on an inpatient basis or a mental health facility.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2409LRB101 07716 RLC 52764 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 Code is amended by changing Section 3-605 as
6follows:
 
7    (405 ILCS 5/3-605)  (from Ch. 91 1/2, par. 3-605)
8    Sec. 3-605. (a) In counties with a population of 3,000,000
9or more, upon receipt of a petition and certificate prepared
10pursuant to this Article, the county sheriff of the county in
11which a respondent is found shall take a respondent into
12custody and transport him to the hospital nearest to his or her
13residence or to a mental health facility, or may make
14arrangements with another public or private entity including a
15licensed ambulance service to transport the respondent to the
16hospital nearest to his or her residence or to the mental
17health facility. In the event it is determined by such facility
18that the respondent is in need of commitment or treatment at
19another hospital or mental health facility, the county sheriff
20shall transport the respondent to the appropriate hospital or
21to the mental health facility, or the county sheriff may make
22arrangements with another public or private entity including a
23licensed ambulance service to transport the respondent to the

 

 

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1hospital or mental health facility. If a person subject to
2involuntary admission on an inpatient basis is transported to a
3hospital that is unable to provide treatment to persons subject
4to involuntary admission on an inpatient basis, the hospital
5shall arrange for transport of the respondent to a hospital
6that treats persons subject to involuntary admission on an
7inpatient basis or a mental health facility.
8    (b) The county sheriff may delegate his duties under
9subsection (a) to another law enforcement body within that
10county if that law enforcement body agrees.
11    (b-5) In counties with a population under 3,000,000, upon
12receipt of a petition and certificate prepared pursuant to this
13Article, the Department shall make arrangements to
14appropriately transport the respondent to a hospital nearest to
15his or her residence or to a mental health facility. In the
16event it is determined by the facility that the respondent is
17in need of commitment or treatment at another mental health
18facility or hospital, the Department shall make arrangements to
19appropriately transport the respondent to another mental
20health facility or hospital. If a person subject to involuntary
21admission on an inpatient basis is transported to a hospital
22that is unable to provide treatment to persons subject to
23involuntary admission on an inpatient basis, the hospital shall
24arrange for transport of the respondent to a hospital that
25treats persons subject to involuntary admission on an inpatient
26basis or a mental health facility. The making of such

 

 

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1arrangements and agreements with public or private entities is
2independent of the Department's role as a provider of mental
3health services and does not indicate that the respondent is
4admitted to any Department facility. In making such
5arrangements and agreements with other public or private
6entities, the Department shall include provisions to ensure (i)
7the provision of trained personnel and the use of an
8appropriate vehicle for the safe transport of the respondent
9and (ii) that the respondent's insurance carrier as well as
10other programs, both public and private, that provide payment
11for such transportation services are fully utilized to the
12maximum extent possible.
13    The Department may not make arrangements with an existing
14hospital or grant-in-aid or fee-for-service community provider
15for transportation services under this Section unless the
16hospital or provider has voluntarily submitted a proposal for
17its transportation services. This requirement does not
18eliminate or reduce any responsibility on the part of a
19hospital or community provider to ensure transportation that
20may arise independently through other State or federal law or
21regulation.
22    (c) The transporting authority acting in good faith and
23without negligence in connection with the transportation of
24respondents shall incur no liability, civil or criminal, by
25reason of such transportation.
26    (d) The respondent and the estate of that respondent are

 

 

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1liable for the payment of transportation costs for transporting
2the respondent to a mental health facility or hospital. If the
3respondent is a beneficiary of a trust described in Section
415.1 of the Trusts and Trustees Act, the trust shall not be
5considered a part of the respondent's estate and shall not be
6subject to payment for transportation costs for transporting
7the respondent to a mental health facility or hospital under
8this Section except to the extent permitted under Section 15.1
9of the Trusts and Trustees Act. If the respondent is unable to
10pay or if the estate of the respondent is insufficient, the
11responsible relatives are severally liable for the payment of
12those sums or for the balance due in case less than the amount
13owing has been paid. If the respondent is covered by insurance,
14the insurance carrier shall be liable for payment to the extent
15authorized by the respondent's insurance policy.
16(Source: P.A. 93-770, eff. 1-1-05.)