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| Public Act 102-0593 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Mental Health and Developmental | ||||
Disabilities Code is amended by changing Sections 2-200, | ||||
3-207, and 3-908 as follows:
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(405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
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Sec. 2-200. (a) Upon commencement of services, or as soon | ||||
thereafter as
the condition of the recipient permits, every | ||||
adult recipient, as well as the
recipient's guardian or | ||||
substitute decision maker, and every recipient who is
12
years | ||||
of age or older and the parent or guardian of a minor or person
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under guardianship shall be informed orally and in writing of | ||||
the rights
guaranteed by this Chapter which are relevant to | ||||
the nature of the
recipient's services
program. The notice | ||||
shall include, if applicable, the recipient's right to request | ||||
a transfer to a different Department facility under Section | ||||
3-908. Every facility shall also post conspicuously in public | ||||
areas
a summary of the rights which are relevant to the | ||||
services delivered by
that facility as well as contact | ||||
information for the Guardianship and Advocacy Commission and | ||||
the agency designated by the Governor under Section 1 of the | ||||
Protection and Advocacy for Persons with Developmental
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Disabilities Act.
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(b) A recipient who is 12 years of age or older and the | ||
parent or guardian
of a minor or person under guardianship at | ||
any time may designate, and upon
commencement of services | ||
shall be informed of the right to designate, a
person or agency | ||
to receive notice under Section 2-201 or to direct that
no | ||
information about the recipient be disclosed to any person or | ||
agency.
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(c) Upon commencement of services, or as soon thereafter | ||
as the
condition of the recipient permits, the facility shall | ||
ask the adult
recipient or minor recipient admitted pursuant | ||
to Section 3-502 whether the
recipient wants the facility to | ||
contact the recipient's spouse, parents,
guardian, close | ||
relatives, friends, attorney, advocate from the
Guardianship | ||
and Advocacy Commission or the agency designated by the
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Governor under Section 1 of the Protection and Advocacy for | ||
Persons with Developmental
Disabilities Act, or others and
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inform them of the recipient's presence at the facility. The | ||
facility
shall by phone or by mail contact at least two of | ||
those people designated
by the recipient and shall inform them | ||
of the recipient's location. If the
recipient so requests, the | ||
facility shall also inform them of how to
contact the | ||
recipient.
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(d) Upon commencement of services, or as soon thereafter | ||
as the condition
of the recipient permits, the facility shall | ||
advise the recipient as to the
circumstances under which the | ||
law permits the use of emergency forced
medication or | ||
electroconvulsive therapy under subsection (a) of Section | ||
2-107, restraint under Section
2-108, or seclusion under | ||
Section 2-109. At the same time, the facility shall
inquire of | ||
the recipient which form of intervention the recipient would | ||
prefer
if any of these circumstances should arise. The | ||
recipient's preference shall
be noted in the recipient's | ||
record and communicated by the facility to the
recipient's | ||
guardian or substitute decision maker, if any, and any other
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individual designated by the recipient. If any such | ||
circumstances subsequently
do arise, the facility shall give | ||
due consideration to the preferences of the
recipient | ||
regarding which form of intervention to use as communicated to | ||
the
facility by the recipient or as stated in the recipient's | ||
advance directive.
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(Source: P.A. 100-915, eff. 1-1-19.)
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(405 ILCS 5/3-207) (from Ch. 91 1/2, par. 3-207)
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Sec. 3-207.
(a) Hearings under Sections 3-405, 3-904, | ||
3-908, and 3-911 of
this Chapter shall be conducted by a | ||
utilization review committee. The Secretary
shall appoint a
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utilization review committee at each Department facility. Each | ||
such committee
shall consist of a multi-disciplinary group of | ||
professional staff members who
are trained and equipped to | ||
deal with the clinical and treatment needs of
recipients. The | ||
recipient and the objector may be represented by persons of
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their choice.
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(b) The committee shall not be bound by rules of evidence | ||
or procedure
but shall conduct the proceedings in a manner | ||
intended to ensure a fair
hearing. The committee may make such | ||
investigation as it deems necessary.
A record of the | ||
proceedings shall be made and shall be kept in the recipient's
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record. Within 3 days of conclusion of the hearing, the | ||
committee shall
submit to the facility director its written | ||
recommendations which include its factual findings
and | ||
conclusions. A copy of the recommendations shall be given to | ||
the recipient
and the objector.
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(c) Within 7 days of receipt of the recommendations, the | ||
facility director shall give written
notice to the recipient | ||
and objector of his acceptance or rejection of the
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recommendations and his reason therefor. If the director of | ||
the facility rejects the recommendations or if the
recipient | ||
or objector requests review of the director's decision, the | ||
director
shall promptly forward a copy of his decision, the | ||
recommendations, and the
record of the hearing to the | ||
Secretary of the Department for
final review. The decision of | ||
the director or the decision of the
Secretary of the | ||
Department, if his review was requested,
shall be considered a | ||
final administrative decision.
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(Source: P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/3-908) (from Ch. 91 1/2, par. 3-908)
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Sec. 3-908. Application for transfer of recipient to | ||
another Department facility. | ||
(a) The facility director of any Department facility may | ||
transfer
a recipient to another Department facility if he | ||
determines the transfer to be
clinically advisable and | ||
consistent with the treatment needs of the recipient. | ||
(b) A recipient, his or her attorney, guardian, if any, | ||
and responsible relative, in any Department facility may make | ||
a written application to the facility director of the | ||
recipient's current facility to transfer to another Department | ||
facility. The Department shall provide the form to make such | ||
an application to a recipient, his or her attorney, guardian, | ||
if any, and responsible relative upon request. A recipient of | ||
services shall not include a person with the primary diagnosis | ||
of a developmental disability. | ||
(c) Upon receipt of the recipient's application, the | ||
facility director shall promptly schedule a hearing to be held | ||
within 7 days under Section 3-207. The hearing shall be held at | ||
the recipient's current facility. | ||
(d) At the hearing the recipient shall have the burden of | ||
proving that: | ||
(1) the facility to which the recipient is requesting | ||
a transfer to a less restrictive facility that provides | ||
treatment which is more clinically appropriate for the | ||
recipient. If the recipient refuses the transfer it shall | ||
be considered the same as if the recipient was denied a | ||
transfer and the recipient shall be prohibited from making | ||
another request for 180 days after the initial denial of | ||
transfer; and | ||
(2) the transfer does not threaten the safety of the | ||
recipient or others. | ||
If the utilization review committee finds that the | ||
recipient has sustained his burden and the request for | ||
transfer is supported by substantial evidence, it shall | ||
recommend that the transfer proceed within 30 days. If it does | ||
not so find, it shall recommend that the recipient not be | ||
transferred. If the transfer to a less restricted facility | ||
cannot be executed due to lack of beds, the transferring | ||
facility shall inform the recipient and his petitioning | ||
attorney or guardian, in writing, and provide an estimated | ||
time frame for the transfer. | ||
(e) If a recipient's application for transfer is denied, | ||
no application may be filed for 180 days. The recipient does, | ||
however, have the right to administratively appeal any | ||
decision of the utilization review committee.
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(Source: P.A. 88-380.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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