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Public Act 102-0371


 

Public Act 0371 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0371
 
SB1966 EnrolledLRB102 17305 KTG 22790 b

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

Effective Date: 1/1/2022