94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0517

 

Introduced 1/27/2005, by Rep. Julie Hamos - Eileen Lyons - Sara Feigenholtz - Patricia R. Bellock - David R. Leitch

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 1705/15f new
305 ILCS 5/5-5e new

    Amends the Mental Health and Developmental Disabilities Administrative Act and the Illinois Public Aid Code. Provides that the Department of Human Services shall develop a program of transition services, with appropriate follow-up, in selected areas of the State, to be expanded statewide as funding becomes available, to provide assistance to persons who: (i) have been diagnosed with mental illness or a co-occurring mental illness and substance abuse disorder; (ii) reside in a facility licensed under the Nursing Home Care Act or in an institution for mental diseases; and (iii) desire to move to and are able to reside in community residential placements that meet their needs and reflect their preferences. Provides that under the Medicaid program, the Department of Public Aid shall apply for any necessary waivers pursuant to the Social Security Act to facilitate transition services for persons with mental illness and to develop supportive living facilities for persons with mental illness. Provides that any such waiver application shall be developed in cooperation with the Department of Human Services, the Department of Public Health, the Guardianship and Advocacy Commission, other State agencies as appropriate, operators of nursing facilities, and others. Effective immediately.


LRB094 06443 DRJ 37117 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0517 LRB094 06443 DRJ 37117 b

1     AN ACT concerning health.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Mental Health and Developmental
5 Disabilities Administrative Act is amended by adding Section
6 15f as follows:
 
7     (20 ILCS 1705/15f new)
8     Sec. 15f. Transition services for persons with mental
9 illness.
10     (a) The Department of Human Services shall provide
11 assistance to persons who: (i) have been diagnosed with mental
12 illness or a co-occurring mental illness and substance abuse
13 disorder; (ii) reside in a facility licensed under the Nursing
14 Home Care Act or in an institution for mental diseases; and
15 (iii) desire to move to and are able to reside in community
16 residential placements that meet their needs and reflect their
17 preferences. At any time during the process of providing such
18 assistance, a resident or his or her representative may decline
19 further assistance. For purposes of this Section, an
20 "institution for mental diseases" or "IMD" means a facility
21 licensed under the Nursing Home Care Act, in which services to
22 residents are ineligible for federal financial participation
23 under the Medicaid program because mental illness is the
24 specific reason for being in the facility for more than 50% of
25 the residents over 21 years of age and under 65 years of age.
26     (b) To provide assistance under this Section, the
27 Department shall develop a program of transition services, with
28 appropriate follow-up, in selected areas of the State, to be
29 expanded statewide as funding becomes available. The
30 Department shall adopt rules to provide for: resident
31 eligibility for assistance under this Section; uniform
32 assessment of a resident's health, cognitive, social, and

 

 

HB0517 - 2 - LRB094 06443 DRJ 37117 b

1 financial needs; development of comprehensive service
2 transition plans for eligible residents; and the level of
3 services that must be available before a resident's transition
4 into the community.
5     (c) Any nursing facility providing medical assistance
6 under Title XIX of the Social Security Act and any IMD shall
7 admit the Department's representative providing transition
8 services under this Section and shall cooperate in facilitating
9 the discharge and transition of residents.
10     (d) The Department shall adopt rules and implement
11 transition services under this Section in cooperation with the
12 Department of Public Aid, the Department of Public Health, the
13 Guardianship and Advocacy Commission, other State agencies as
14 appropriate, nursing facility and IMD operators, community
15 mental health agency representatives, and supportive housing
16 providers.
 
17     Section 10. The Illinois Public Aid Code is amended by
18 adding Section 5-5e as follows:
 
19     (305 ILCS 5/5-5e new)
20     Sec. 5-5e. Persons with mental illness; transition
21 services and supportive living facilities. The Department of
22 Public Aid shall apply for any necessary waivers pursuant to
23 Section 1915(c) of the Social Security Act to facilitate
24 transition services for persons with mental illness and to
25 develop supportive living facilities for persons with mental
26 illness. Any such waiver application shall be developed in
27 cooperation with the Department of Human Services, the
28 Department of Public Health, the Guardianship and Advocacy
29 Commission, other State agencies as appropriate, operators of
30 facilities licensed under the Nursing Home Care Act, operators
31 of institutions for mental diseases, community mental health
32 agency representatives, and supportive housing providers. For
33 purposes of this Section, "institution for mental diseases"
34 means a facility licensed under the Nursing Home Care Act, in

 

 

HB0517 - 3 - LRB094 06443 DRJ 37117 b

1 which services to residents are ineligible for federal
2 financial participation under the Medicaid program because
3 mental illness is the specific reason for being in the facility
4 for more than 50% of the residents over 21 years of age and
5 under 65 years of age.
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.