HB6836 96TH GENERAL ASSEMBLY

LRB096 21630 RCE 38950 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6836

Introduced 3/16/2010, by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

New Act

Creates the Community Services to the Severely Mentally Ill Care Act. Provides that community-based mental health organizations accredited, certified, or licensed by the Department of Human Services that provide services to the severely mentally ill shall be regulated by a newly created Division of Community Services to the Severely Mentally Ill within the Department of Public Health. Authorizes promulgation of administrative rules concerning regulation, violations, penalties, and remedies. Provides for pre-admission screening, criminal history analysis, and notification of identified offenders. Creates a pilot program in Cook County and requires tracking of services and costs. Provides for reporting, privacy rights, and voluntary participation. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health care.

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

ARTICLE 1. SHORT TITLE AND DEFINITIONS

Section 1-1. Short title. This Act may be cited as the Community Services to the Severely Mentally Ill Care Act.

Section 1-5. Definitions.

"Severely mentally ill" means persons who, as a result of a mental disorder, exhibit emotional or behavioral functioning that is so impaired as to interfere substantially with their capacity to remain in the community without supportive treatment or services of a long-term or indefinite duration. In these persons, mental disability is severe and persistent, resulting in long-term limitation of their functional capacities or primary activities of daily living, such as interpersonal relationships, homemaking, self-care, employment, and recreation.

"Agency" means a community-based mental health organization accredited, certified, or licensed by the Department of Human Services' Bureau of Accreditation, Licensure, and Certification that is a sole proprietorship, association, partnership, corporation, or organization, public or private, either for profit or not for profit, that includes, but is not limited to:

(1) Any supportive housing program serving the severely mentally ill.

(2) Any facility accredited, certified, or licensed under the Community Living Facilities Licensing Act serving the severely mentally ill.

(3) Any facility accredited, certified, or licensed under the Community - Integrated Living Arrangements Licensure and Certification Act serving the severely mentally ill.

(4) Any other community-based residential program providing services to the severely mentally ill and that is paid for those services by the Department of Human Services.

ARTICLE 5. GOVERNANCE

Section 5-5. Regulation by Department of Public Health. Any agency that provides community services to the severely mentally ill and is accredited, certified, or licensed as such an agency by the Department of Human Services shall be regulated by the Department of Public Health after the effective date of this Act.

Section 5-10. Division of Community Services to the Severely Mentally Ill. A Division of Community Services to the Severely Mentally Ill is created within the Department of Public Health to regulate agencies that provide community services to the severely mentally ill.

ARTICLE 10. LICENSING, REGULATION, VIOLATIONS,

PENALTIES, AND REMEDIES

Section 10-5. Licensure and certification. The Department of Human Services shall continue to accredit, certify, or license community-based mental health agencies that are currently accredited, certified, or licensed by the Department of Human Services.

Section 10-10. Regulation. The Division of Community Services to the Severely Mentally Ill shall establish administrative rules to govern the operation and procedures of community-based mental health agencies accredited, certified, or licensed by the Department of Human Services. The administrative rules governing the operations of agencies shall be substantially similar to the statutory and administrative rules governing the maintenance and operations of intermediate care facilities as defined by the Nursing Home Care Act.

Section 10-15. Violations and penalties. The Division of Community Services to the Severely Mentally Ill shall establish penalties to be assessed against community-based mental health agencies that violate the administrative rules established by the Department of Public Health. These penalties shall be established in administrative rule by the Department and shall be substantially similar to the penalties ascribed for violations under the Nursing Home Care Act for intermediate care facilities and shall include, but are not limited to, the following:

(1) A "Type "A" violation" means a violation of this Act or of the rules promulgated thereunder that creates a condition or occurrence relating to the operation and maintenance of an agency presenting a substantial probability that death or serious mental or physical harm to a resident will result therefrom.

(2) A "Type "B" violation" means a violation of this Act or of the rules promulgated thereunder that creates a condition or occurrence relating to the operation and maintenance of an agency directly threatening to the health, safety, or welfare of a resident.

Section 10-20. Remedies. The Department of Public Health shall, by administrative rule, establish a plan to remedy any violations and penalties that are assessed under the administrative rules promulgated under Section 10-15 of this Act. The remedy for resolution shall be substantially similar to those assigned to intermediate care facilities under the Nursing Home Care Act.

Section 10-25. Screening, criminal history, and notification. Agencies regulated by this Act are subject to the same requirements related to screening prior to admission, criminal history analysis, and notification of identified offenders as those set forth in Sections 2-201.5, 2-201.6, and 2-216 of the Nursing Home Care Act.

ARTICLE 15. OUTCOME MONITORING PILOT PROGRAM

Section 15-5. Pilot program; creation The Department of Healthcare and Family Services shall create a pilot program 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 all of the 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.

Section 15-10. Pilot program; tracking service changes. Upon identifying the 1,000 participants in the pilot program, the Department shall document the residential and community services each individual receives at the beginning of the program and shall continue to record any changes in 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 change to medical care received over the course of a year.

Section 15-15. Pilot program; tracking service costs. The Department of Healthcare and Family Services shall also track the cost of the various services received by each individual in the pilot program, including residential costs, community supports, counseling, and medical costs.

Section 15-20. Pilot program; commencement. The pilot program shall commence no later than January 1, 2011.

Section 15-25. Report. The Department of Healthcare and Family Services shall compile the data collected under this pilot program and submit a report to the General Assembly no later than March 1, 2012. 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 year-long study. The report shall identify what percentage of different services are received by the population that participates in this project.

Section 15-30. Privacy rights. 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 are documented in the course of the program.

Section 15-35. Voluntary participation. Nothing in this Act shall be construed to compel any individual from participating in the program. Any individual may request not to be included in the program.

ARTICLE 99. EFFECTIVE DATE

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