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| [ Introduced ] | [ House Amendment 001 ] |
91_HB0378eng HB0378 Engrossed 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: (i) mental 23 health services in the same service area, as that term is 24 defined in Section 1-114.5 of the Mental Health and 25 Developmental Disabilities Code, as the mental health 26 facility whose funding is being reduced or eliminated; (ii) 27 the mental health facility or facilities that will have 28 responsibility for the service area or a portion of the 29 service area of the mental health facility whose funding is 30 being reduced; and (iii) the Chester Mental Health Center to HB0378 Engrossed -2- LRB9100561SMdvA 1 ensure appropriate staffing levels, as this facility provides 2 services to all areas of the State. 3 (b) Reductions of funds subject to this Act include: 4 (i) the closing of any mental health facility; 5 (ii) the reduction in the number of available beds 6 in any mental health facility; and 7 (iii) a reduction in the qualifications required of 8 staff employed in any mental health facility. 9 (c) An appropriation bill shall not circumvent the 10 purposes of this Act by transferring funds from inpatient 11 mental health services to community mental health services 12 and then compensating for this transfer by transferring money 13 from community mental health services to some other 14 government purpose or to a reduction in government 15 expenditures. 16 (d) The total amount of funds appropriated in any fiscal 17 year for mental health services shall not be reduced below 18 the amount appropriated for the previous fiscal year, 19 adjusted for inflation, unless one of the following events 20 occurs: 21 (i) total State government appropriations decline, 22 in which case appropriations for mental health services 23 may be reduced by the same percentage; or 24 (ii) an advisory committee established by the 25 Department for this purpose, the majority of whose 26 members are mental health professionals not employed by 27 or under contract to any State agency, determines that 28 there has been an improvement in the efficiency with 29 which mental health services may be delivered which would 30 justify a reduction in appropriations, in which case 31 funding for mental health services may be reduced by a 32 percentage determined by the committee to be reasonably 33 related to the efficiency improvements found by the 34 committee. HB0378 Engrossed -3- LRB9100561SMdvA 1 Section 99. Effective date. This Act takes effect on 2 January 1 of the year following the year it becomes law.