Full Text of SB1623 97th General Assembly
SB1623enr 97TH GENERAL ASSEMBLY |
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| 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 73 | 6 | | as 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 | 7 | | draft and promulgate a new rule governing community-based | 8 | | residential settings.
The new rule for community-based | 9 | | residential settings shall include settings that offer to | 10 | | persons with serious mental illness (i) community-based | 11 | | residential recovery-oriented mental health care, treatment, | 12 | | and services; and (ii) community-based residential mental | 13 | | health and co-occurring substance use disorder care, | 14 | | treatment, and services. | 15 | | Community-based residential settings shall honor a | 16 | | consumer'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 | 2 | | shall be drafted in such a manner as to delineate | 3 | | State-supported care, treatment, and services appropriately | 4 | | governed within the new rule, and shall continue eligibility | 5 | | for eligible individuals in programs governed by Title 59, Part | 6 | | 132 of the Illinois Administrative Code.
The Department shall | 7 | | draft a new rule for community-based residential settings by | 8 | | January 1, 2012. The new rule must include, but shall not be | 9 | | limited 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 | 15 | | than October 1, 2011, the Department shall conduct a statewide | 16 | | study to assess the existing types of community-based housing | 17 | | and residential services currently being provided to | 18 | | individuals with mental illnesses in Illinois. This study shall | 19 | | include State-funded and federally funded housing and | 20 | | residential services. The results of this study shall be used | 21 | | to inform the rulemaking process outlined in subsection (b).
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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