Public Act 099-0479
 
HB4096 EnrolledLRB099 07770 RLC 27903 b


  
    AN ACT concerning State government.
  
 
    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 Section 
7.1 as follows:
 



    (20 ILCS 1705/7.1)  (from Ch. 91 1/2, par. 100-7.1)



    Sec. 7.1. 
For the purposes of this Section 7.1, 
"Department" means the Department of Healthcare and Family 
Services. To assist families in seeking intensive 
community-based services or residential placement for to place 
children with mental illness, for whom
no appropriate care is 
available in State-operated Department facilities, in licensed 
private
facilities, the Department shall supplement the amount 
a family is able to pay,
as determined by the Department and 
the amount available from other sources,
provided the 
Department's share shall not exceed a uniform maximum rate to 
be
determined from time to time by the Department. The 
Department may exercise the authority under this Section as is 
necessary to implement the provisions of Section 5-5.23 of the 
Illinois Public Aid Code and to administer Individual Care 
Grants. The Department shall work collaboratively with 
stakeholders and family representatives in the implementation 
of this Section. 

(Source: P.A. 88-380.)

 
    Section 10. The Illinois Public Aid Code is amended  by 
changing Section 5-5.23 as follows:
 



    (305 ILCS 5/5-5.23)



    Sec. 5-5.23. Children's mental health services. 

    (a) The Department of Healthcare and Family Services, by 
rule, shall require the screening and
assessment of
a child 
prior to any Medicaid-funded admission to an inpatient hospital 
for
psychiatric
services to be funded by Medicaid. The 
screening and assessment shall include a
determination of the 
appropriateness and availability of out-patient support

services
for necessary treatment. The Department, by rule, 
shall establish methods and
standards of payment for the 
screening, assessment, and necessary alternative
support

services.

    (b) The Department of Healthcare and Family Services, to 
the extent allowable under federal law,
shall secure federal 
financial participation for Individual Care Grant
expenditures 
made
by the Department of Healthcare and Family Human Services 
for the Medicaid optional service
authorized under
Section 
1905(h) of the federal Social Security Act, pursuant to the 
provisions
of Section
7.1 of the Mental Health and 
Developmental Disabilities Administrative Act. The
Department 
of Healthcare and Family Services may exercise the
authority 
under this Section as is necessary to administer
Individual 
Care Grants as authorized under Section 7.1 of the
Mental 
Health and Developmental Disabilities Administrative
Act. 

    (c) The Department of Healthcare and Family Services shall 
work collaboratively with the Department of Children and Family

Services and the Division of Mental Health of jointly with the 
Department of
Human Services to implement subsections (a) and 
(b).

    (d) On and after July 1, 2012, the Department shall reduce 
any rate of reimbursement for services or other payments or 
alter any methodologies authorized by this Code to reduce any 
rate of reimbursement for services or other payments in 
accordance with Section 5-5e. 
    (e)  All rights, powers, duties, and responsibilities 
currently exercised by the Department of Human Services related 
to the Individual Care Grant program are transferred to the 
Department of Healthcare and Family Services with the transfer 
and transition of the Individual Care Grant program to the 
Department of Healthcare and Family Services to be completed 
and implemented within 6 months after the effective date of 
this amendatory Act of the 99th General Assembly. For the 
purposes of the Successor Agency Act, the Department of 
Healthcare and Family Services is declared to be the successor 
agency of the Department of Human Services, but only with 
respect to the functions of the Department of Human Services 
that are transferred to the Department of Healthcare and Family 
Services under this amendatory Act of the 99th General 
Assembly.
        (1) Each act done by the Department of Healthcare and 
    Family Services in exercise of the transferred powers, 
    duties, rights, and responsibilities shall have the same 
    legal effect as if done by the Department of Human Services 
    or its offices.
        (2)  Any rules of the Department of Human Services that 
    relate to the functions and programs transferred by this 
    amendatory Act of the 99th General Assembly that are in 
    full force on the effective date of this amendatory Act of 
    the 99th General Assembly shall become the rules of the 
    Department of Healthcare and Family Services. All rules 
    transferred under this amendatory Act of the 99th General 
    Assembly are hereby amended such that the term "Department" 
    shall be defined as the Department of Healthcare and Family 
    Services and all references to the "Secretary" shall be 
    changed to the "Director of Healthcare and Family Services 
    or his or her designee".  As soon as practicable hereafter, 
    the Department of Healthcare and Family Services shall 
    revise and clarify the rules to reflect the transfer of 
    rights, powers, duties, and responsibilities affected by 
    this amendatory Act of the 99th General Assembly, using the 
    procedures for recodification of rules available under the 
    Illinois Administrative Procedure Act, except that 
    existing title, part, and section numbering for the 
    affected rules may be retained. The Department of 
    Healthcare and Family Services, consistent with its 
    authority to do so as granted by this amendatory Act of the 
    99th General Assembly, shall propose and adopt any other 
    rules under the Illinois Administrative Procedure Act as 
    necessary to administer the Individual Care Grant program. 
    These rules may include, but are not limited to, the 
    application process and eligibility requirements for 
    recipients.
        (3)  All unexpended appropriations and balances and 
    other funds available for use in connection with any 
    functions of the Individual Care Grant program shall be 
    transferred for the use of the Department of Healthcare and 
    Family Services to operate the Individual Care Grant 
    program. Unexpended balances shall be expended only for the 
    purpose for which the appropriation was originally made. 
    The Department of Healthcare and Family Services shall 
    exercise all rights, powers, duties, and responsibilities 
    for operation of the Individual Care Grant program.
        (4)  Existing personnel and positions of the Department 
    of Human Services pertaining to the administration of the 
    Individual Care Grant program shall be transferred to the 
    Department of Healthcare and Family Services with the 
    transfer and transition of the Individual Care Grant 
    program to the Department of Healthcare and Family 
    Services. The status and rights of Department of Human 
    Services employees engaged in the performance of the 
    functions of the Individual Care Grant program shall not be 
    affected by this amendatory Act of the 99th General 
    Assembly. The rights of the employees, the State of 
    Illinois, and its agencies under the Personnel Code and 
    applicable collective bargaining agreements or under any 
    pension, retirement, or annuity plan shall not be affected 
    by this amendatory Act of the 99th General Assembly. All 
    transferred employees who are members of collective 
    bargaining units shall retain their seniority, continuous 
    service, salary, and accrued benefits.
        (5) All books, records, papers, documents, property 
    (real and personal), contracts, and pending business 
    pertaining to the powers, duties, rights, and 
    responsibilities related to the functions of the 
    Individual Care Grant program, including, but not limited 
    to, material in electronic or magnetic format and necessary 
    computer hardware and software, shall be delivered to the 
    Department of Healthcare and Family Services; provided, 
    however, that the delivery of this information shall not 
    violate any applicable confidentiality constraints.
        (6) Whenever reports or notices are now required to be

    made or given or papers or documents furnished or served by 
    any person to or upon the Department of Human Services in 
    connection with any of the functions transferred by this 
    amendatory Act of the 99th General Assembly, the same shall 
    be made, given, furnished, or served in the same manner to 
    or upon the Department of Healthcare and Family Services.
        (7) This amendatory Act of the 99th General Assembly 
    shall not affect any act done, ratified, or canceled or any 
    right occurring or established or any action or proceeding 
    had or commenced in an administrative, civil, or criminal 
    cause regarding the Department of Human Services before the 
    effective date of this amendatory Act of the 99th General 
    Assembly; and those actions or proceedings may be defended, 
    prosecuted, and continued by the Department of Human 
    Services.
    (f) The Individual Care Grant program shall be inoperative 
during the calendar year in which implementation begins of any 
remedies in response to litigation against the Department of 
Healthcare and Family Services related to children's 
behavioral health and the general status of children's 
behavioral health in this State. Individual Care Grant 
recipients in the program the year it becomes inoperative shall 
continue to remain in the program until it is clinically 
appropriate for them to step down in level of care. 
(Source: P.A. 97-689, eff. 6-14-12.)

 

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