Full Text of SB1966 102nd General Assembly
SB1966enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning mental health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Interstate Contracts for Mental Health Disorder Treatment Act. | 6 | | Section 3. Purpose. The purpose of this Act is to enable | 7 | | Illinois and Wisconsin residents who are subject, by court | 8 | | order, to involuntary admission on an inpatient basis for the | 9 | | treatment of a mental health disorder to obtain appropriate | 10 | | treatment across state lines in qualified private hospitals | 11 | | and facilities that are closer to their homes than are | 12 | | facilities available in their home states. | 13 | | Section 5. Definitions. As used in this Act: | 14 | | "Subject to involuntary admission on an inpatient basis", | 15 | | "mental health facility", and "recipient" have the meanings | 16 | | ascribed to them in the Mental Health and Developmental | 17 | | Disabilities Code. | 18 | | "Receiving agency" means a mental health facility that | 19 | | provides substance use disorder or mental health treatment to | 20 | | a person from a state other than the state in which a facility | 21 | | is located. | 22 | | "Receiving state" means the state in which the receiving |
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| 1 | | agency is located. | 2 | | "Northern border county" means the Illinois counties of | 3 | | Boone, DeKalb, DuPage, Kane, Lake, McHenry, and Winnebago.
| 4 | | "Sending agency" means a mental health facility located in | 5 | | a state which sends a person to a receiving state for substance | 6 | | use disorder or mental health treatment. | 7 | | "Sending state" means the state in which a sending agency | 8 | | is located. | 9 | | "Wisconsin Southeast Region" means the Wisconsin counties | 10 | | of Kenosha, Milwaukee, Ozaukee, Racine, Rock, Walworth, | 11 | | Washington, and Waukesha.
| 12 | | Section 10. Purchase of services. A private mental health | 13 | | facility located in a northern border county may contract as | 14 | | provided under this Act with a county department located in | 15 | | the Wisconsin Southeast Region to secure mental health | 16 | | treatment for Illinois residents who are subject to | 17 | | involuntary admission on an inpatient basis under orders | 18 | | issued by courts of this State for treatment at the mental | 19 | | health facility or hospital, except that mental health | 20 | | treatment may not be secured for persons committed under | 21 | | Section 104-13 or 104-25 of the Code of Criminal Procedure of | 22 | | 1963 or under Section 5-2-4 of the Unified Code of | 23 | | Corrections. | 24 | | Section 15. Provision of services. A private mental health |
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| 1 | | facility located in a northern border county may contract as | 2 | | provided under this Act with a county department located in | 3 | | the Wisconsin Southeast Region to provide mental health | 4 | | treatment to Wisconsin residents who are subject to | 5 | | involuntary admission on an inpatient basis under orders | 6 | | issued by Wisconsin courts which shall have jurisdiction over | 7 | | the Wisconsin residents while they are committed to the | 8 | | private mental health facility or private hospital for | 9 | | treatment as provided under Section 51.87 of the Wisconsin | 10 | | Statutes, except that mental health treatment may not be | 11 | | provided for Wisconsin residents who are involved in a | 12 | | criminal proceeding.
| 13 | | Section 20. Residence not established. No person | 14 | | establishes legal residence in the state where the receiving | 15 | | agency is located while the person is receiving services in | 16 | | accordance with a contract under this Act. | 17 | | Section 25. Treatment records. Treatment records shall be | 18 | | managed in accordance with the laws of the receiving state. | 19 | | Section 30. Involuntary commitments. An individual who is | 20 | | detained, committed, or placed on an involuntary basis under | 21 | | Article VI or VII of the Mental Health and Developmental | 22 | | Disabilities Code may be confined and treated for a mental | 23 | | health disorder in a private hospital or mental health |
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| 1 | | facility located in the Wisconsin Southeast Region in | 2 | | accordance with a contract under this Act. An individual who | 3 | | is detained, committed, or placed under the civil laws of | 4 | | Wisconsin may be confined and treated in this State in | 5 | | accordance with a contract under this Act. Court orders valid | 6 | | under the law of the sending state are granted recognition and | 7 | | reciprocity in the receiving state for individuals covered by | 8 | | a contract under this Act to the extent that the court orders | 9 | | relate to confinement for treatment or care of a mental health | 10 | | disorder. Such court orders are not subject to legal challenge | 11 | | in the courts of the receiving state. Persons who are | 12 | | detained, committed, or placed under the law of a sending | 13 | | state and who are transferred to a receiving state under this | 14 | | Act continue to be in the legal custody of the authority | 15 | | responsible for them under the law of the sending state. | 16 | | Except in emergencies, those persons may not be transferred, | 17 | | removed, or furloughed from a facility of the receiving agency | 18 | | without the specific approval of the authority responsible for | 19 | | them under the law of the sending state. | 20 | | Section 35. Applicable laws. While in the receiving state | 21 | | in accordance with a contract under this Act, an individual | 22 | | shall be subject to all of the provisions of law, rules, and | 23 | | regulations applicable to persons detained, committed, or | 24 | | placed in accordance with the corresponding laws of the | 25 | | receiving state, except those laws, rules, and regulations of |
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| 1 | | the receiving state relating to length of confinement, | 2 | | reexaminations, and extensions of confinement and except as | 3 | | otherwise provided by this Act. The law, rules, and | 4 | | regulations of the sending state relating to length of | 5 | | confinement, reexaminations, and extensions of confinement | 6 | | shall apply. No person may be sent to another state in | 7 | | accordance with a contract under this Act until the receiving | 8 | | state has enacted a law recognizing the validity and | 9 | | applicability of this State's laws as provided in this Act. | 10 | | Section 40. Transfers between facilities. An individual | 11 | | may be transferred between private facilities of the receiving | 12 | | state if transfers are permitted by the contract under this | 13 | | Act providing for the individual's care. | 14 | | Section 50. Required contract provisions. All contracts | 15 | | under this Act shall do all of the following: | 16 | | (1) Establish the responsibility for the costs of all | 17 | | services to be provided under the contract. | 18 | | (2) Establish the responsibility for the | 19 | | transportation of clients to and from receiving | 20 | | facilities. | 21 | | (3) Provide for reports by the receiving agency to the | 22 | | sending agency on the condition of each client covered by | 23 | | the contract. | 24 | | (4) Provide for arbitration of disputes arising out of |
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| 1 | | the provisions of the contract which cannot be settled | 2 | | through discussion between the contracting parties and | 3 | | specify how arbitrators will be chosen. | 4 | | (5) Include provisions ensuring the nondiscriminatory | 5 | | treatment, as required by law, of employees, clients, and | 6 | | applicants for employment and services. | 7 | | (6) Establish the responsibility for providing legal | 8 | | representation for clients in legal proceedings involving | 9 | | the legality of confinement and the conditions of | 10 | | confinement. | 11 | | (7) Establish the responsibility for providing legal | 12 | | representation for employees of the contracting parties in | 13 | | legal proceedings initiated by persons receiving treatment | 14 | | in accordance with the contract. | 15 | | (8) Include provisions concerning the length of the | 16 | | contract and the means by which the contract can be | 17 | | terminated. | 18 | | (9) Establish the right of qualified employees and | 19 | | representatives of the sending agency and sending state to | 20 | | inspect, at all reasonable times, the records of the | 21 | | receiving agency and its treatment facilities to determine | 22 | | if appropriate standards of care are met for clients | 23 | | receiving services under the contract. | 24 | | (10) Require the sending agency to provide the | 25 | | receiving agency with copies of all relevant legal | 26 | | documents authorizing confinement of persons who are |
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| 1 | | confined in accordance with the law of the sending state | 2 | | and receiving services in accordance with a contract under | 3 | | this Act. | 4 | | (11) Establish the responsibility for securing a | 5 | | reexamination for an individual and for extending an | 6 | | individual's period of confinement. | 7 | | (12) Include provisions specifying when a receiving | 8 | | facility can refuse to admit or retain an individual. | 9 | | (13) Specify the circumstances under which individuals | 10 | | will be permitted home visits and granted passes to leave | 11 | | the facility.
| 12 | | Section 55. Applicability. This Act does not apply to | 13 | | state-operated or public facilities or hospitals located in | 14 | | Wisconsin or Illinois.
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