Sen. Heather A. Steans
Filed: 4/11/2011
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 1623




2    AMENDMENT NO. ______. Amend Senate Bill 1623, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:

 
5    "Section 5. The Mental Health and Developmental 
6Disabilities Administrative Act is amended  by adding Section 73 
7as follows:
 
8    (20 ILCS 1705/73 new)
9    Sec. 73. Report; Williams v. Quinn consent decree. 
10    (a) Annual Report.
11        (1) No later that December 31, 2011, and on December 
12    31st of each of the following 4 years, the Department of 
13    Human Services shall prepare and submit an annual report to 
14    the General Assembly concerning the implementation of the 
15    Williams v. Quinn consent decree and other efforts to move 
16    persons with mental illnesses from institutional settings 
 
 
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1    to community-based settings.  This report shall include:
2            (A) The number of persons who have been moved from 
3        long-term care facilities to community-based settings 
4        during the previous year and the number of persons 
5        projected to be moved during the next year.
6            (B) Any implementation or compliance reports 
7        prepared by the State for the Court or the 
8        court-appointed monitor in Williams v. Quinn.
9            (C) Any reports from the court-appointed monitor 
10        or findings by the Court reflecting the Department's 
11        compliance or failure to comply with the Williams v. 
12        Quinn consent decree and any other order issued during 
13        that proceeding.
14            (D) Statistics reflecting the number and types of 
15        community-based services provided to persons who have 
16        been moved from long-term care facilities to 
17        community-based settings.
18            (E) Any additional community-based services which 
19        are or will be needed in order to ensure maximum 
20        community integration as provided for by the Williams 
21        v. Quinn consent decree, and the Department's plan for 
22        providing these services. 
23            (F) Any and all costs associated with 
24        transitioning residents from institutional settings to 
25        community-based settings, including, but not limited 
26        to, the cost of residential services, the cost of 
 
 
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1        outpatient treatment, and the cost of all community 
2        support services facilitating the community-based 
3        setting. 
4        (2) The requirement for reporting to the General 
5    Assembly shall be satisfied by filing copies of the report 
6    with the Speaker, Minority Leader, and Clerk of the House 
7    of Representatives; the President, Minority Leader, and 
8    Secretary of the Senate; and the Legislative Research Unit, 
9    as required by Section 3.1 of the General Assembly 
10    Organization Act, and by filing additional copies with the 
11    State Government Report Distribution Center for the 
12    General Assembly as required under paragraph (t) of Section 
13    7 of the State Library Act.
14    (b) Department rule. The Department of Human Services shall 
15draft and promulgate a new rule governing community-based 
16residential settings.
The new rule for community-based 
17residential settings shall include settings that offer to 
18persons with serious mental illness (i) community-based 
19residential recovery-oriented mental health care, treatment, 
20and services; and (ii) community-based residential mental 
21health and co-occurring substance use disorder care, 
22treatment, and services.  
23    Community-based residential settings shall honor a 
24consumer's choice as well as a consumer's right to live in the:
25        (1) Least restrictive environment.
26        (2) Most appropriate integrated setting.
 
 
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1        (3) Least restrictive environment and most appropriate 
2    integrated setting designed to assist the individual in 
3    living in a safe, appropriate, and therapeutic 
4    environment.
5        (4) Least restrictive environment and most appropriate 
6    integrated setting that affords the person the opportunity 
7    to live similarly to persons without serious mental 
8    illness. 
9    The new rule for community-based residential settings 
10shall be drafted in such a manner as to delineate 
11State-supported care, treatment, and services appropriately 
12governed within the new rule, and shall continue eligibility 
13for eligible individuals in programs governed by Title 59, Part 
14132 of the Illinois Administrative Code.
The Department shall 
15draft a new rule for community-based residential settings by 
16January 1, 2012. The new rule must include, but shall not be 
17limited to, standards for:
18        (i) Administrative requirements.
19        (ii) Monitoring, review, and reporting.
20        (iii) Certification requirements.
21        (iv) Life safety.
 

22    Section 99. Effective date. This Act takes effect upon 
23becoming law.".