Public Act 0793 97TH GENERAL ASSEMBLY

HB5679 Enrolled LRB097 14671 KTG 59571 b

Public Act 097-0793

AN ACT concerning health.

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

Section 5. The Community Services Act is amended by changing Section 4.6a as follows:

(405 ILCS 30/4.6a)

Sec. 4.6a. Reduction in patient population in developmental disabilities facility.

Whenever a State developmental disabilities facility operated by the Department of Human Services is scheduled to have or has a reduction in the number of individuals receiving care in an amount equal to or greater than 10% of the facility's prior highest population during the preceding 12-month period, the Department of Human Services shall file a report with the General Assembly specifying the:

(1) Total change in resident population for the facility.

(2) Anticipated new venues for care by venue category, in the aggregate, for the individuals no longer receiving care in the facility.

(3) Estimated corresponding changes in appropriation level necessary for the facility reducing population as well as additional appropriation authority required for other facilities or community care alternatives which are expected to experience an increase in the number of individuals served.

The report required under this Section shall be given to the General Assembly within 30 days of when a decision by the Secretary of the Department of Human Services is made to decrease the population of a facility by 10% or more, or in cases where population changes are due to unplanned caseload changes, within 30 days of the actual change in population by 10% or more.

Notwithstanding any provision of the law to the contrary, including, but not limited to, Section 13.2 of the State Finance Act, based Based on information contained in the reports required under this Section, the Department, at the direction of the Governor, shall transfer funds from the facility realizing a reduction in the number of individuals served to the appropriate line item providing appropriation authority for the new venues of care, as necessary to carry out the objectives of the Governor's long-term care rebalancing efforts or to otherwise facilitate the transition of services to the new venues of care, provided that the new venue of care is a Department of Human Services funded provider or facility.

(Source: P.A. 97-626, eff. 11-9-11.)

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

Effective Date: 7/13/2012