Public Act 098-0815
 
SB0822 EnrolledLRB098 05040 RLC 35071 b



    AN ACT concerning health.

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



 
    Section 5. The Mental Health and Developmental 
Disabilities Administrative Act is amended  by changing 
Sections 18.4 and 18.5 as follows:
 
 

    (20 ILCS 1705/18.4)

 
  
    Sec. 18.4. Community Mental Health Medicaid Trust Fund; 
reimbursement. 

    (a) The Community Mental Health Medicaid Trust Fund is 
hereby created
in the State Treasury.

    (b) Amounts
 paid to the State during each State fiscal year 
by the federal government under Title XIX
or Title XXI of the 
Social Security Act for services delivered by community
mental 
health providers, and any interest earned thereon, shall be

deposited 100% into the Community Mental Health Medicaid Trust 
Fund.  Not more than $4,500,000 of the Community Mental Health 
Medicaid Trust Fund may be used by the Department of Human 
Services' Division of Mental Health for oversight and 
administration of community mental health services, and of that 
amount no more than $1,000,000 may be used for the support of 
community mental health service initiatives. The remainder 
shall be used for the purchase of community mental health 
services.

    (b-5) Whenever a State mental health facility operated by 
the Department is closed and the real estate on which the 
facility is located is sold by the State, the net proceeds of 
the sale of the real estate shall be deposited into the 
Community Mental Health Medicaid Trust Fund and used for the 
purposes enumerated in subsections  (c) and (c-1) of Section 4.6 
of the Community Services Act; however, under subsection (e) of 
Section 4.6 of the Community Services Act, the Department may 
set aside a portion of the net proceeds of the sale of the real 
estate for deposit into the Human Services Priority Capital 
Program Fund.  The portion set aside shall be used for the 
purposes enumerated in Section 6z-71 of the State Finance Act. 
    (c) The Department shall reimburse community mental health

providers for
services provided to eligible
individuals.  
Moneys in the Trust Fund may be
used for that purpose.

    (c-5) The Community Mental Health Medicaid Trust Fund is 
not subject to administrative charge-backs.
    (c-10) The Department of Human Services shall annually 
report to the Governor and the General Assembly, by September 
1, on both the total revenue deposited into the Trust Fund and 
the total expenditures made from the Trust Fund for the 
previous fiscal year.  This report shall include detailed 
descriptions of both revenues and expenditures regarding the 
Trust Fund from the previous fiscal year.  This report shall be 
presented by the Secretary of Human Services to the appropriate 
Appropriations Committee in the House of Representatives, as 
determined by the Speaker of the House, and in the Senate, as 
determined by the President of the Senate.  This report shall be 
made available to the public and shall be published on the 
Department of Human Services' website in an appropriate 
location, a minimum of one week prior to presentation of the 
report to the General Assembly. 
    (d) As used in this Section:

    "Trust Fund" means the Community Mental Health Medicaid 
Trust Fund. 
    "Community mental health provider" means a community 
agency that is funded by the Department to
provide a service.

    "Service" means a mental health service

provided pursuant 
to the provisions of administrative rules adopted by the 
Department and funded by or claimed through the Department of 
Human Services' Division of Mental Health.

(Source: P.A. 96-660, eff. 8-25-09; 96-820, eff. 11-18-09; 
96-868, eff. 7-1-12; 97-333, eff. 8-12-11.)
 
    (20 ILCS 1705/18.5)
    Sec. 18.5. Community Developmental Disability Services 
Medicaid Trust Fund; reimbursement.
    (a) The Community Developmental Disability Services 
Medicaid Trust Fund is hereby created in the State treasury.

    (b) Except as provided in subsection (b-5), any funds in 
any fiscal year paid to the State by the federal government 
under Title XIX or Title XXI of the Social Security Act for 
services delivered by community developmental disability 
services providers for services relating to Developmental 
Training and Community Integrated Living Arrangements as a 
result of the conversion of such providers from a grant payment 
methodology to a fee-for-service payment methodology, or any 
other funds paid to the State for any subsequent revenue 
maximization initiatives performed by such providers, and any 
interest earned thereon, shall be deposited directly into the 
Community Developmental Disability Services Medicaid Trust 
Fund to pay for Medicaid-reimbursed community developmental 
disability services provided to eligible individuals.
    (b-5) Beginning in State fiscal year 2008, any funds paid 
to the State by the federal government under Title XIX or Title 
XXI of the Social Security Act for services delivered through 
the Children's Residential Waiver and the Children's In-Home 
Support Waiver shall be deposited directly into the Trust Fund 
and shall not be subject to the transfer provisions of 
subsection (b). 
    (b-7) The Community Developmental Disability Services 
Medicaid Trust Fund is not subject to administrative 
charge-backs.
    (b-9)  The Department of Human Services shall annually 
report to the Governor and the General Assembly, by September 
1, on both the total revenue deposited into the Trust Fund and 
the total expenditures made from the Trust Fund for the 
previous fiscal year.  This report shall include detailed 
descriptions of both revenues and expenditures regarding the 
Trust Fund from the previous fiscal year.  This report shall be 
presented by the Secretary of Human Services to the appropriate 
Appropriations Committee in the House of Representatives, as 
determined by the Speaker of the House, and in the Senate, as 
determined by the President of the Senate.  This report shall be 
made available to the public and shall be published on the 
Department of Human Services' website in an appropriate 
location, a minimum of one week prior to presentation of the 
report to the General Assembly. 
    (b-10) Whenever a State developmental disabilities 
facility operated by the Department is closed and the real 
estate on which the facility is located is sold by the State, 
the net proceeds of the sale of the real estate shall be 
deposited into the Community Developmental Disability Services 
Medicaid Trust Fund and used for the purposes enumerated in 
subsections (c) and (d) of Section 4.6 of the Community 
Services Act; however, under subsection (e) of Section 4.6 of 
the Community Services Act, the Department may set aside a 
portion of the net proceeds of the sale of the real estate for 
deposit into the Human Services Priority Capital Program Fund.  
The portion set aside shall be used for the purposes enumerated 
in Section 6z-71 of the State Finance Act. 
    (c)  For purposes of this Section:
    "Trust Fund" means the Community Developmental Disability 
Services Medicaid Trust Fund. 
    "Medicaid-reimbursed developmental disability services" 
means services provided by a community developmental 
disability provider under an agreement with the Department that 
is eligible for reimbursement under the federal Title XIX 
program or Title XXI program.
    "Provider" means a qualified entity as defined in the 
State's Home and
Community-Based Services Waiver for Persons 
with Developmental Disabilities that is funded by the 
Department to provide a Medicaid-reimbursed service.
    "Revenue maximization alternatives" do not include 
increases in
funds paid to the State as a result of growth in 
spending through service expansion or
rate increases.

(Source: P.A. 96-660, eff. 8-25-09; 96-868, eff. 7-1-12.)
 
    Section 10. The State Finance Act is amended  by changing 
Section 6z-71 as follows:
 
    (30 ILCS 105/6z-71)
    Sec. 6z-71. Human Services Priority Capital Program Fund. 
The Human Services Priority Capital Program Fund is created as 
a special fund in the State treasury. Subject to appropriation, 
the Department of Human Services shall use moneys in the Human 
Services Priority Capital Program Fund to make grants to  the 
Illinois Facilities Fund, a not-for-profit corporation, to 
make long term below market rate loans to nonprofit human 
service providers working under contract to the State of 
Illinois to assist those providers in meeting their capital 
needs.  The loans shall be for the purpose of such capital 
needs, including but not  limited to special use facilities, 
requirements for serving the disabled, mentally ill, or 
substance abusers,  and medical and technology equipment.  Loan 
repayments shall be deposited into the Human Services Priority 
Capital Program Fund.  Interest income may be used to cover 
expenses of the program. The Illinois Facilities Fund shall 
report to the Department of Human Services and the General 
Assembly by April 1, 2008, and again by April 1, 2009, as to 
the use and earnings of the program.

    A portion of the proceeds from the sale of a mental health 
facility or developmental disabilities facility operated by 
the Department of Human Services may be deposited into the Fund 
and may be used for the purposes described in this Section. 
(Source: P.A. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08.)
 
    Section 15. 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 used for mental health 
services or to support mental health services 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. 
The net proceeds from the sale of a State mental health 
facility may be spent over a number of fiscal years and are not 
required to be spent in the same fiscal year in which they are 
deposited. 
    (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. The net 
proceeds from the sale of a State developmental disabilities 
facility may be spent over a number of fiscal years and are not 
required to be spent in the same fiscal year in which they are 
deposited. 
    (c) The sale of a State mental health or developmental 
disabilities facility shall be done in accordance with 
applicable State laws and, if a State mental health or 
developmental disabilities facility to be sold has been 
financed or refinanced with tax-exempt bonds, applicable 
federal laws. 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 first determine the money, if any, that shall be 
made available for infrastructure not to exceed 25% of the 
proceeds of the sale of the real estate 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. That 
amount shall be excluded from the calculation of net proceeds 
by the Division of Developmental Disabilities or the Division 
of Mental Health, or both, of the Department of Human Services.  
Amounts determined by the Department for infrastructure to be 
necessary to ensure that life, safety, and care concerns are 
addressed shall be deposited, respectively, into the Community 
Mental Health Medicaid Trust Fund or the Community 
Developmental Disability Services Medicaid Trust Fund. 
    (c-1) To the extent that a State mental health facility 
which has been closed served a geographical area, at minimum, 
40% of the resulting net proceeds of its sale shall be made 
exclusively in the facility's geographical area.  If any other 
State-operated mental health facility which served a specific 
geographic area was closed within one year before or after the 
closure of the facility whose sale has resulted in net proceeds 
under this Section, 20% of the proceeds shall be used to 
provide services in the geographic area of this facility.  The 
remainder of the net proceeds may be spent anywhere in the 
State.  All net proceeds may be used for the following mental 
health services and supports, to include, but not limited to:
        (1) Permanent Supportive housing.
        (2) Technology that enables behavioral health 
    providers to participate in health information exchanges.
        (3) Assertive Community Treatment and Community 
    Support Team.
        (4) Transitional living apartments.
        (5) Crisis residential services targeted at diverting 
    persons with mental illnesses from emergency departments 
    (including peer run crisis services).
        (6) Psychiatric services.
        (7) Community mental health services targeted at 
    diverting persons with mental illness from the criminal 
    justice system.
        (8) Individual Placement and Support and other 
    services to support employment.
        (9) Alcohol and substance abuse treatment. 
    (d) The purposes for which the net proceeds from a sale of 
real estate as provided in subsection (b) of this Section may 
be used include, but are not limited to, the following:
        (1) Providing individuals with developmental 
    disabilities community–based Medicaid services and 
    supports such as residential habilitation, day programs, 
    supported employment, home-based supports, therapies, 
    adaptive equipment, and home modifications.
        (2) Assisting individuals with developmental 
    disabilities through case management, service 
    coordination, and assessments.
        (3) Strengthening the service delivery system through 
    crisis intervention services.
        (4) Enhancing the service delivery system through 
    infrastructure improvements, including technology 
    improvements. 
        (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.

    (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. 98-403, eff. 1-1-14.)
 

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