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| Public Act 097-0529 | ||||
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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 Administrative Act is amended by adding Section 73 | ||||
as follows: | ||||
(20 ILCS 1705/73 new) | ||||
Sec. 73. Report; Williams v. Quinn consent decree. | ||||
(a) Annual Report. | ||||
(1) No later that December 31, 2011, and on December | ||||
31st of each of the following 4 years, the Department of | ||||
Human Services shall prepare and submit an annual report to | ||||
the General Assembly concerning the implementation of the | ||||
Williams v. Quinn consent decree and other efforts to move | ||||
persons with mental illnesses from institutional settings | ||||
to community-based settings. This report shall include: | ||||
(A) The number of persons who have been moved from | ||||
long-term care facilities to community-based settings | ||||
during the previous year and the number of persons | ||||
projected to be moved during the next year. | ||||
(B) Any implementation or compliance reports | ||||
prepared by the State for the Court or the | ||||
court-appointed monitor in Williams v. Quinn. | ||||
(C) Any reports from the court-appointed monitor | ||
or findings by the Court reflecting the Department's | ||
compliance or failure to comply with the Williams v. | ||
Quinn consent decree and any other order issued during | ||
that proceeding. | ||
(D) Statistics reflecting the number and types of | ||
community-based services provided to persons who have | ||
been moved from long-term care facilities to | ||
community-based settings. | ||
(E) Any additional community-based services which | ||
are or will be needed in order to ensure maximum | ||
community integration as provided for by the Williams | ||
v. Quinn consent decree, and the Department's plan for | ||
providing these services. | ||
(F) Any and all costs associated with | ||
transitioning residents from institutional settings to | ||
community-based settings, including, but not limited | ||
to, the cost of residential services, the cost of | ||
outpatient treatment, and the cost of all community | ||
support services facilitating the community-based | ||
setting. | ||
(2) The requirement for reporting to the General | ||
Assembly shall be satisfied by filing copies of the report | ||
with the Speaker, Minority Leader, and Clerk of the House | ||
of Representatives; the President, Minority Leader, and | ||
Secretary of the Senate; and the Legislative Research Unit, | ||
as required by Section 3.1 of the General Assembly | ||
Organization Act, and by filing additional copies with the | ||
State Government Report Distribution Center for the | ||
General Assembly as required under paragraph (t) of Section | ||
7 of the State Library Act. | ||
(b) Department rule. The Department of Human Services shall | ||
draft and promulgate a new rule governing community-based | ||
residential settings.
The new rule for community-based | ||
residential settings shall include settings that offer to | ||
persons with serious mental illness (i) community-based | ||
residential recovery-oriented mental health care, treatment, | ||
and services; and (ii) community-based residential mental | ||
health and co-occurring substance use disorder care, | ||
treatment, and services. | ||
Community-based residential settings shall honor a | ||
consumer's choice as well as a consumer's right to live in the: | ||
(1) Least restrictive environment. | ||
(2) Most appropriate integrated setting. | ||
(3) Least restrictive environment and most appropriate | ||
integrated setting designed to assist the individual in | ||
living in a safe, appropriate, and therapeutic | ||
environment. | ||
(4) Least restrictive environment and most appropriate | ||
integrated setting that affords the person the opportunity | ||
to live similarly to persons without serious mental | ||
illness. | ||
The new rule for community-based residential settings | ||
shall be drafted in such a manner as to delineate | ||
State-supported care, treatment, and services appropriately | ||
governed within the new rule, and shall continue eligibility | ||
for eligible individuals in programs governed by Title 59, Part | ||
132 of the Illinois Administrative Code.
The Department shall | ||
draft a new rule for community-based residential settings by | ||
January 1, 2012. The new rule must include, but shall not be | ||
limited to, standards for: | ||
(i) Administrative requirements. | ||
(ii) Monitoring, review, and reporting. | ||
(iii) Certification requirements. | ||
(iv) Life safety. | ||
(c) Study of housing and residential services. By no later | ||
than October 1, 2011, the Department shall conduct a statewide | ||
study to assess the existing types of community-based housing | ||
and residential services currently being provided to | ||
individuals with mental illnesses in Illinois. This study shall | ||
include State-funded and federally funded housing and | ||
residential services. The results of this study shall be used | ||
to inform the rulemaking process outlined in subsection (b).
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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