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| Public Act 098-0403 | ||||
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The State Finance Act is amended by adding | ||||
Section 5i as follows: | ||||
(30 ILCS 105/5i new) | ||||
Sec. 5i. Closure of State mental health facilities or | ||||
developmental disabilities facilities. Consistent with the | ||||
provisions of Sections 4.4 and 4.5 of the Community Services | ||||
Act, whenever a State mental health facility operated by the | ||||
Department of Human Services or a State developmental | ||||
disabilities facility operated by the Department of Human | ||||
Services is closed, the Department of Human Services, at the | ||||
direction of the Governor, shall transfer funds from the closed | ||||
facility to the appropriate line item providing appropriation | ||||
authority for the new venue of care to facilitate the | ||||
transition of services to the new venue of care, provided that | ||||
the new venue of care is a Department of Human Services funded | ||||
provider or facility. | ||||
As used in this Section, the terms "mental health facility" | ||||
and "developmental disabilities facility" have the meanings | ||||
ascribed to those terms in the Mental Health and Developmental | ||||
Disabilities Code.
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Section 10. The Community Services Act is amended by | ||
changing Section 4.6 as follows: | ||
(405 ILCS 30/4.6) | ||
Sec. 4.6. Closure and sale of State mental health or | ||
developmental disabilities facility. | ||
(a) Whenever a State mental health facility operated by the | ||
Department of Human Services is closed and the real estate on | ||
which the facility is located is sold by the State, then, to | ||
the extent that net proceeds are realized from the sale of that | ||
real estate, those net proceeds must be directed toward | ||
providing
other services and supports for persons with mental | ||
health needs. To that end, those net proceeds shall be | ||
deposited into the Community Mental Health Medicaid Trust Fund. | ||
(b) Whenever a State developmental disabilities facility | ||
operated by the Department of Human Services is closed and the | ||
real estate on which the facility is located is sold by the | ||
State, then, to the extent that net proceeds are realized from | ||
the sale of that real estate, those net proceeds must be | ||
directed toward providing
other services and supports for | ||
persons with developmental disabilities needs. To that end, | ||
those net proceeds shall be deposited into the Community | ||
Developmental Disability Services Medicaid Trust Fund. | ||
(c) In determining whether any net proceeds are realized | ||
from a sale of real estate described in subsection (a) or (b), | ||
the Division of Developmental Disabilities and the Division of | ||
Mental Health of the Department of Human Services shall each | ||
determine the money, if any, that shall be made available to | ||
ensure that life, safety, and care concerns, including | ||
infrastructure, are addressed so as to provide for persons with | ||
developmental disabilities or mental illness at the remaining | ||
respective State-operated facilities that will be expected to | ||
serve the individuals previously served at the closed facility. | ||
(d) The purposes for which the net proceeds from a sale of | ||
real estate as provided in this Section may be used include, | ||
but are not limited to, the following: | ||
(1) Providing for individuals with developmental | ||
disabilities and mental health needs the services and | ||
supports described in subsection (e) of Section 4.4. | ||
(2) In the case of the closure of a mental health | ||
facility, the construction of a new facility to serve the | ||
needs of persons with mental health needs. | ||
(3) In the case of the closure of a developmental | ||
disabilities facility, construction of a new facility to | ||
serve the needs of persons with developmental disabilities | ||
needs. | ||
(e) Whenever any net proceeds are realized from a sale of | ||
real estate as provided in this Section, the Department of | ||
Human Services shall share and discuss its plan or plans for | ||
using those net proceeds with advocates, advocacy | ||
organizations, and advisory groups whose
mission
includes | ||
advocacy for persons with developmental disabilities or | ||
persons with
mental
illness.
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(f) Consistent with the provisions of Sections 4.4 and 4.5 | ||
of this Act, whenever a State mental health facility operated | ||
by the Department of Human Services is closed, the Department | ||
of Human Services, at the direction of the Governor, shall | ||
transfer funds from the closed facility to the appropriate line | ||
item providing appropriation authority for the new venue of | ||
care to facilitate the transition of services to the new venue | ||
of care, provided that the new venue of care is a Department of | ||
Human Services funded provider or facility. | ||
(g) As used in this Section, the term "mental health | ||
facility" has the meaning ascribed to that term in the Mental | ||
Health and Developmental Disabilities Code. | ||
(Source: P.A. 96-660, eff. 8-25-09; 96-1000, eff. 7-2-10.) | ||