Illinois General Assembly - Full Text of SB1966
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Full Text of SB1966  102nd General Assembly

SB1966 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1966

 

Introduced 2/26/2021, by Sen. Adriane Johnson

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Interstate Contracts for Mental Health and Substance Use Disorder Treatment Act. Provides that the purpose of the Act is to enable Illinois and Wisconsin residents who are subject, by court order, to involuntary admission on an inpatient basis for the treatment of a mental health or substance use disorder to obtain appropriate treatment across state lines in qualified hospitals and facilities that are closer to their homes than are facilities available in their home states. Permits mental health facilities located in certain northern border counties to contract with Wisconsin county departments to provide substance use or mental health treatment to Wisconsin residents who are subject to involuntary commitment orders for treatment issued by Wisconsin courts, except that no services may be provided to Wisconsin residents who are involved in a criminal proceeding. Permits mental health facilities located in certain northern border counties to contract with Wisconsin county departments to secure substance use or mental health treatment for Illinois residents who are subject to involuntary commitment orders for treatment issued by State courts, except that no services may be secured for Illinois residents who are committed under specified provisions of the Code of Criminal Procedure or the Unified Code of Corrections. Contains provisions concerning involuntary commitment court orders, treatment records, transfers between facilities, required contract provisions, and other matters.


LRB102 17305 KTG 22790 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1966LRB102 17305 KTG 22790 b

1    AN ACT concerning mental health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Interstate Contracts for Mental Health and Substance Use
6Disorder Treatment Act.
 
7    Section 3. Purpose. The purpose of this Act is to enable
8Illinois and Wisconsin residents who are subject, by court
9order, to involuntary admission on an inpatient basis for the
10treatment of a mental health or substance use disorder to
11obtain appropriate treatment across state lines in qualified
12hospitals and facilities that are closer to their homes than
13are facilities available in their home states.
 
14    Section 5. Definitions. As used in this Act:
15    "Subject to involuntary admission on an inpatient basis",
16"mental health facility", and "recipient" have the meanings
17ascribed to them in the Mental Health and Developmental
18Disabilities Code.
19    "Receiving agency" means a mental health facility that
20provides substance use disorder or mental health treatment to
21a person from a state other than the state in which a facility
22is located.

 

 

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1    "Receiving state" means the state in which the receiving
2agency is located.
3    "Northern border county" means the Illinois counties of
4Boone, DeKalb, DuPage, Kane, Lake, McHenry, and Winnebago.
5    "Sending agency" means a mental health facility located in
6a state which sends a person to a receiving state for substance
7use disorder or mental health treatment.
8    "Sending state" means the state in which a sending agency
9is located.
10    "Wisconsin Southeast Region" means the Wisconsin counties
11of Kenosha, Milwaukee, Ozaukee, Racine, Rock, Walworth,
12Washington, and Waukesha.
 
13    Section 10. Purchase of services. A mental health facility
14located in a northern border county may contract as provided
15under this Act with a county department located in the
16Wisconsin Southeast Region to secure substance use disorder or
17mental health treatment for Illinois residents who are subject
18to involuntary admission on an inpatient basis under orders
19issued by courts of this State for treatment at the mental
20health facility or hospital, except that substance use
21disorder or mental health treatment may not be secured for
22persons committed under Section 104-13 or 104-25 of the Code
23of Criminal Procedure of 1963 or under Section 5-2-4 of the
24Unified Code of Corrections.
 

 

 

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1    Section 15. Provision of services. A mental health
2facility located in a northern border county may contract as
3provided under this Act with a county department located in
4the Wisconsin Southeast Region to provide substance use
5disorder or mental health treatment to Wisconsin residents who
6are subject to involuntary admission on an inpatient basis
7under orders issued by Wisconsin courts which shall have
8jurisdiction over the Wisconsin residents while they are
9committed to the mental health facility or hospital for
10treatment as provided under Section 51.87 of the Wisconsin
11Statutes, except that substance use disorder or mental health
12treatment may not be provided for Wisconsin residents who are
13involved in a criminal proceeding.
 
14    Section 20. Residence not established. No person
15establishes legal residence in the state where the receiving
16agency is located while the person is receiving services in
17accordance with a contract under this Act.
 
18    Section 25. Treatment records. Treatment records shall be
19managed in accordance with the laws of the receiving state.
 
20    Section 30. Involuntary commitments. An individual who is
21detained, committed, or placed on an involuntary basis under
22Article VI or VII of the Mental Health and Developmental
23Disabilities Code may be confined and treated for a mental

 

 

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1health or substance use disorder in a public or private
2hospital or mental health facility located in the Wisconsin
3Southeast Region in accordance with a contract under this Act.
4An individual who is detained, committed, or placed under the
5civil laws of Wisconsin may be confined and treated in this
6State in accordance with a contract under this Act. Court
7orders valid under the law of the sending state are granted
8recognition and reciprocity in the receiving state for
9individuals covered by a contract under this Act to the extent
10that the court orders relate to confinement for treatment or
11care of a mental health or substance use disorder. Such court
12orders are not subject to legal challenge in the courts of the
13receiving state. Persons who are detained, committed, or
14placed under the law of a sending state and who are transferred
15to a receiving state under this Act continue to be in the legal
16custody of the authority responsible for them under the law of
17the sending state. Except in emergencies, those persons may
18not be transferred, removed, or furloughed from a facility of
19the receiving agency without the specific approval of the
20authority responsible for them under the law of the sending
21state.
 
22    Section 35. Applicable laws. While in the receiving state
23in accordance with a contract under this Act, an individual
24shall be subject to all of the provisions of law, rules, and
25regulations applicable to persons detained, committed, or

 

 

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1placed in accordance with the corresponding laws of the
2receiving state, except those law, rules, and regulations of
3the receiving state relating to length of confinement,
4reexaminations, and extensions of confinement and except as
5otherwise provided by this Act. The law, rules, and
6regulations of the sending state relating to length of
7confinement, reexaminations, and extensions of confinement
8shall apply. No person may be sent to another state in
9accordance with a contract under this Act until the receiving
10state has enacted a law recognizing the validity and
11applicability of this State's laws as provided in this Act.
 
12    Section 40. Transfers between facilities. An individual
13may be transferred between facilities of the receiving state
14if transfers are permitted by the contract under this Act
15providing for the individual's care.
 
16    Section 50. Required contract provisions. All contracts
17under this Act shall do all of the following:
18        (1) Establish the responsibility for the costs of all
19    services to be provided under the contract.
20        (2) Establish the responsibility for the
21    transportation of clients to and from receiving
22    facilities.
23        (3) Provide for reports by the receiving agency to the
24    sending agency on the condition of each client covered by

 

 

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1    the contract.
2        (4) Provide for arbitration of disputes arising out of
3    the provisions of the contract which cannot be settled
4    through discussion between the contracting parties and
5    specify how arbitrators will be chosen.
6        (5) Include provisions ensuring the nondiscriminatory
7    treatment, as required by law, of employees, clients, and
8    applicants for employment and services.
9        (6) Establish the responsibility for providing legal
10    representation for clients in legal proceedings involving
11    the legality of confinement and the conditions of
12    confinement.
13        (7) Establish the responsibility for providing legal
14    representation for employees of the contracting parties in
15    legal proceedings initiated by persons receiving treatment
16    in accordance with the contract.
17        (8) Include provisions concerning the length of the
18    contract and the means by which the contract can be
19    terminated.
20        (9) Establish the right of qualified employees and
21    representatives of the sending agency and sending state to
22    inspect, at all reasonable times, the records of the
23    receiving agency and its treatment facilities to determine
24    if appropriate standards of care are met for clients
25    receiving services under the contract.
26        (10) Require the sending agency to provide the

 

 

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1    receiving agency with copies of all relevant legal
2    documents authorizing confinement of persons who are
3    confined in accordance with the law of the sending state
4    and receiving services in accordance with a contract under
5    this Act.
6        (11) Establish the responsibility for securing a
7    reexamination for an individual and for extending an
8    individual's period of confinement.
9        (12) Include provisions specifying when a receiving
10    facility can refuse to admit or retain an individual.
11        (13) Specify the circumstances under which individuals
12    will be permitted home visits and granted passes to leave
13    the facility.