92nd General Assembly
Summary of HB0064
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House Sponsors:
LANG-FRITCHEY-HOWARD-KENNER-MAY, FLOWERS AND YARBROUGH.

Senate Sponsors:
SYVERSON-LINK

Short description: 
MENTAL HEALTH-INSP GENERAL                                                 

Synopsis of Bill as introduced:
        Amends  the  Mental   Health   and   Developmental   Disabilities      
   Administrative   Act.   Provides   that   the   quarterly  reports  on      
   state-operated facilities for the  mentally  ill  and  developmentally      
   disabled  shall include adverse federal certification or accreditation      
   findings.   Provides  that,  no  later  than  January  1,  2002,   the      
   Department  of Human Services shall adopt standards for recording on a      
   prescribed form all patient care, diagnosis, and  treatment  at  every      
   facility  under  the  jurisdiction of the Department. Provides that no      
   later than January 1, 2002, every facility under the  jurisdiction  of      
   the  Department  and  all  services provided in those facilities shall      
   comply with all of the applicable  standards  adopted  by  the  Social      
   Security  Administration  under the Medicare Subchapter of the federal      
   Social Security Act. Makes various changes  concerning:  pre-discharge      
   determinations; discharge records; visits following placement; reports      
   and  evaluations;  treatment  plans;  quality  assurance  for  certain      
   persons  in  long term care facilities; resident assessment; and other      
   matters. Amends the Abused  and  Neglected  Long  Term  Care  Facility      
   Residents  Reporting Act. Eliminates sunset language for the Office of      
   the Inspector General. Deletes other repeal provisions.  Provides that      
   the  agency  designated  by  the  Governor  under  Section  1  of  the      
   Protection and Advocacy for Developmentally Disabled  Persons  Act  is      
   authorized  to review abuse, neglect, deaths, and other safety-related      
   issues in mental health facilities, as defined in  the  Mental  Health      
   and  Developmental  Disabilities  Code,  and  the effectiveness of the      
   State's systems that address these issues.  Amends  the  Nursing  Home      
   Care  Act.    Makes  changes  concerning  the  assessment  and care of      
   nursing home residents with mental illness.  Amends the Mental  Health      
   and Developmental Disabilities Code.  Provides that, when a respondent      
   has  been transported to a mental health facility for examination, the      
   facility shall, within one hour, attempt to contact at least 2 persons      
   named by  the  respondent.  Some  parts  of  the  bill  are  effective      
   immediately.                                                                
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          20 ILCS 1705/4.3                                                     
          210 ILCS 30/6.9 new                                                  
          210 ILCS 45/1-113                                                    
          210 ILCS 45/2-104                                                    
          405 ILCS 5/3-704                                                     
        Replaces everything after the enacting clause with  the  bill  as      
   introduced  with the following changes.  Provides that if the director      
   of the facility in which a person is hospitalized determines that  the      
   person   requires  community  mental  health  services,  the  suitable      
   community mental health provider shall  be  selected  from  among  the      
   Department's  contractual  designees.   Provides  that  the Department      
   shall reimburse  a  community  based  not-for-profit  agency  for  all      
   increased costs of providing services to a person who requires further      
   personal  care  or  general  oversight.  Provides that the contractual      
   process with the Department's contractual designee shall identify  the      
   necessary  services  in a treatment plan, the resource requirements to      
   provide those services, and  the  parties  responsible  for  providing      
   those  resources.   Deletes  (1)  the Section of the Mental Health and      
   Developmental Disabilities Administrative Act  regarding  site  visits      
   and  inspections; (2) the new Section of the Abused and Long Term Care      
   Facilities Residents Reporting Act that authorizes a specified  agency      
   to   periodically   evaluate   abuse,   neglect,   deaths,  and  other      
   safety-related  issues   in   mental   health   facilities   and   the      
   effectiveness  of  the  State's systems that address these issues; (3)      
   the provisions regarding providing mental health services to residents      
   of  nursing  homes;  (4)  the  changes  to  the  Mental   Health   and      
   Developmental Disabilities Code; and (5) the changes to the definition      
   of "facility" in the Nursing Home Care Act.  Makes other changes.           
        HOUSE AMENDMENT NO. 4.                                                 
          Deletes reference to:                                                
          210 ILCS 45/3-203                                                    
          Adds reference to:                                                   
          210 ILCS 5/6.19 new                                                  
          225 ILCS 65/5-10                                                     
        Replaces everything after the enacting clause with  the  bill  as      
   amended  by House Amendment No. 1 with the following changes.  Deletes      
   the provisions requiring the contractual process with the Department's      
   contractual designee to identify the necessary services in a treatment      
   plan, the resource requirements to provide  those  services,  and  the      
   parties  responsible  for  providing  those  resources.   Deletes  the      
   requirement  that the Department keep written records of the number of      
   persons it places in long term care  facilities  each  year.   Deletes      
   from  the  bill  changes  to  the Section of the Nursing Home Care Act      
   regarding licensing of facilities for  persons  with  a  developmental      
   disability   or   persons   suffering  from  emotional  or  behavioral      
   disorders.  Provides that, within 30 days after the Secretary of Human      
   Services has approved  a  response  regarding  an  investigation,  the      
   facility or agency making the response shall provide an implementation      
   report to the Inspector General on the status of the corrective action      
   implemented   and   that,   within   60   days   after  receiving  the      
   implementation  report,  the  Inspector  General  shall   conduct   an      
   investigation,  which  may  include,  but need not be limited to, site      
   visits, telephone contacts, or requests for written documentation from      
   the facility or agency, to determine whether the facility or agency is      
   in  compliance  with  the  approved  response.  Amends  the   Hospital      
   Licensing  Act.   Requires  that  hospitals  have  a written policy to      
   address the use of restraints and seclusion in the  hospital.   Amends      
   the  Nursing  and Advanced Practice Nursing Act.  Adds the ordering of      
   restraint or seclusion to the definition of  "registered  professional      
   nursing  practice".   Makes  other changes.  Provides for an immediate      
   effective date for specified portions of the bill.                          
 
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   0


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