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91_HB0378
LRB9100561SMdvA
1 AN ACT regarding mental health services community
2 reinvestment.
3 WHEREAS, It is hereby declared to be the public policy of
4 the State of Illinois that funds saved due to reductions in
5 expenditures for State-operated health facilities shall be
6 invested in community mental health services; and
7 WHEREAS, This Act shall be interpreted to achieve this
8 goal; therefore
9 Be it enacted by the People of the State of Illinois,
10 represented in the General Assembly:
11 Section 1. Short title. This Act may be cited as the
12 Mental Health Services Community Reinvestment Act.
13 Section 5. Fund preservation. Every appropriation bill
14 relating to funding for the Department of Human Services for
15 operating mental health facilities shall comply with the
16 following rules and principles:
17 (a) Whenever any appropriation, or portion thereof, for
18 any fiscal year relating to the funding of any mental health
19 facility operated by the Department of Human Services is
20 reduced because of any of the reasons set forth in subsection
21 (b), those funds shall be added to the funds appropriated to
22 the Department of Human Services to be used for mental health
23 services in the same community service area, as that term is
24 defined in Section 1-114.4 of the Mental Health and
25 Developmental Disabilities Code, as the mental health
26 facility whose funding is being reduced or eliminated.
27 (b) Reductions of funds subject to this Act include:
28 (i) the closing of any mental health facility;
29 (ii) the reduction in the number of available beds
30 in any mental health facility; and
-2- LRB9100561SMdvA
1 (iii) a reduction in the qualifications required of
2 staff employed in any mental health facility.
3 (c) An appropriation bill shall not circumvent the
4 purposes of this Act by transferring funds from inpatient
5 mental health services to community mental health services
6 and then compensating for this transfer by transferring money
7 from community mental health services to some other
8 government purpose or to a reduction in government
9 expenditures.
10 (d) The total amount of funds appropriated in any fiscal
11 year for mental health services shall not be reduced below
12 the amount appropriated for the previous fiscal year,
13 adjusted for inflation, unless one of the following events
14 occurs:
15 (i) total State government appropriations decline,
16 in which case appropriations for mental health services
17 may be reduced by the same percentage; or
18 (ii) an advisory committee established by the
19 Department for this purpose, the majority of whose
20 members are mental health professionals not employed by
21 or under contract to any State agency, determines that
22 there has been an improvement in the efficiency with
23 which mental health services may be delivered which would
24 justify a reduction in appropriations, in which case
25 funding for mental health services may be reduced by a
26 percentage determined by the committee to be reasonably
27 related to the efficiency improvements found by the
28 committee.
29 Section 99. Effective date. This Act takes effect on
30 January 1 of the year following the year it becomes law.