House Sponsors: LANG-SCOTT-BELLOCK-SCHOENBERG-MCKEON, O'BRIEN, WOOLARD, MCCARTHY, CROTTY, BROSNAHAN, LYONS,EILEEN, LINDNER, COWLISHAW, MITCHELL,JERRY, COULSON, DART AND OSMOND. Senate Sponsors: RADOGNO-MADIGAN,L-LINK Short description: NURSING HOME CARE ACT-RULES Synopsis of Bill as introduced: Amends the Mental Health and Developmental Disabilities Code. Makes a technical change in a provision providing that the State's Attorneys of the several counties shall represent the State in cases regarding admission, transfer, and discharge procedures for the mentally ill. HOUSE AMENDMENT NO. 1. Deletes reference to: 405 ILCS 5/3-101 Adds reference to: 20 ILCS 105/4.04 from Ch. 23, par. 6104.04 20 ILCS 1705/4 from Ch. 91 1/2, par. 100-4 20 ILCS 1705/7 from Ch. 91 1/2, par. 100-7 20 ILCS 1705/15 from Ch. 91 1/2, par. 100-15 20 ILCS 1705/15.4 new 20 ILCS 1705/71 new 210 ILCS 45/2-101.2 new 210 ILCS 45/2-104 from Ch. 111 1/2, par. 4152-104 210 ILCS 45/2-106 from Ch. 111 1/2, par. 4152-106 210 ILCS 45/2-106.1 210 ILCS 45/3-203 from Ch. 111 1/2, par. 4153-203 210 ILCS 45/3-212 from Ch. 111 1/2, par. 4153-212 405 ILCS 5/1-114 from Ch. 91 1/2, par. 1-114 Deletes everything. Amends provisions of the Illinois Act on the Aging relating to the Long Term Care Ombudsman Program. Provides that the Department on Aging shall cooperate with the Department of Human Services in providing information and training to sub-State programs about assessment of certain persons with mental illness. Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall issue quarterly reports on all state-operated facilities for the mentally ill and developmentally disabled. Provides that, no later than January 1, 2000, the Department of Human Services shall adopt standards for recording on a prescribed form all patient care, diagnosis, and treatment at every facility under the jurisdiction of the Department. Provides that no later than January 1, 2000, every facility under the jurisdiction of the Department and all services provided in those facilities shall comply with all of the applicable standards adopted by the Social Security Administration under the Medicare Subchapter of the federal Social Security Act. Makes various changes concerning: pre-discharge determinations; discharge records; visits following placement; reports and evaluations; treatment plans; quality assurance for certain persons in long term care facilities; resident assessment; and other matters. Amends the Nursing Home Care Act. Makes numerous changes concerning the assessment and care of nursing home residents with mental illness and concerning the evaluation and inspection of facilities in which they reside. Amends the Mental Health and Developmental Disabilities Code. Includes institutions for mental diseases (as that term is defined in federal law) in the definition of "mental health facility". HOUSE AMENDMENT NO. 2. Adds reference to: 210 ILCS 30/6.9 new Amends the Abused and Neglected Long Term Care Facility Residents Reporting Act. Provides that the agency designated by the Governor under Section 1 of the Protection and Advocacy for Developmentally Disabled Persons Act is authorized to review abuse, neglect, deaths, and other safety-related issues in mental health facilities, as defined in the Mental Health and Developmental Disabilities Code, and the effectiveness of the State's systems that address these issues. Provides that the agency shall have authority to the same extent as that provided to the Inspector General of the Department of Human Services. Authorizes the Auditor General to contract with the agency designated by the Governor to perform the reviews. Provides that the agency shall provide an annual report to the General Assembly and the Governor no later than April 1 of each year regarding the reviews. HOUSE AMENDMENT NO. 5. Deletes reference to: 20 ILCS 1705/15.4 new 20 ILCS 1705/71 new 210 ILCS 45/2-101.2 new 405 ILCS 5/1-114 Adds reference to: 20 ILCS 1705/4.3 from Ch. 91 1/2, par. 100-4.3 210 ILCS 30/6.2 from Ch. 111 1/2, par. 4166.2 210 ILCS 30/6.3 from Ch. 111 1/2, par. 4166.3 210 ILCS 30/6.4 from Ch. 111 1/2, par. 4166.4 210 ILCS 30/6.5 from Ch. 111 1/2, par. 4166.5 210 ILCS 30/6.6 from Ch. 111 1/2, par. 4166.6 210 ILCS 30/6.7 from Ch. 111 1/2, par. 4166.7 210 ILCS 30/6.8 from Ch. 111 1/2, par. 4166.8 210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113 405 ILCS 5/3-603 from Ch. 91 1/2, par. 3-603 405 ILCS 5/3-701 from Ch. 91 1/2, par. 3-701 405 ILCS 5/3-704 from Ch. 91 1/2, par. 3-704 405 ILCS 5/3-704.1 new Deletes everything. Reinserts provisions of the bill as amended by House Amendment Nos. 1 and 2, with various changes, and removes certain provisions concerning quality assurance, resident assessment, priority of certain provisions, and other matters. Amends the Mental Health and Developmental Disabilities Code. Provides that the petition for the detention of the respondent for examination in a mental health facility pending the obtaining of a certificate executed by a physician, qualified examiner, or clinical psychologist that states that the respondent is subject to involuntary admission and requires immediate hospitalization must include a statement that a diligent effort has been made to convince the respondent to appear voluntarily for examination unless the petitioner reasonably believes that an effort to convince the respondent to appear voluntarily would pose a risk of harm to the respondent or others. Provides that, when a petition asserting that another person is subject to involuntary admission has been filed, an inquiry as to whether there are reasonable grounds to believe that the facts stated in the petition are true may proceed without notice to the respondent only if the petitioner alleges facts showing that an emergency exists such that immediate hospitalization is necessary and the petitioner testifies as to those facts. Provides that, when a respondent has been transported to a mental health facility for examination, the facility shall ask the respondent whether he or she wishes any persons to be notified of the admission and that the facility shall, within one hour, attempt to contact at least 2 persons named by the respondent. Provides that the Illinois Law Enforcement Training Standards Board shall convene a task force to recommend a model protocol for the involvement of mental health professionals when a peace officer must transport an individual for a mandatory mental health examination. Makes other changes. Provisions regarding the task force are repealed on January 1, 2001. Amends the Abused and Neglected Long Term Facility Residents Reporting Act. Eliminates sunset language for the Office of the Inspector General. Deletes other repeal provisions. Some parts of the bill are effective immediately. SENATE AMENDMENT NO. 1. Deletes reference to: 20 ILCS 1705/4 20 ILCS 1705/4.3 20 ILCS 1705/7 20 ILCS 1705/15 210 ILCS 30/6.2 210 ILCS 30/6.3 210 ILCS 30/6.4 210 ILCS 30/6.5 210 ILCS 30/6.6 210 ILCS 30/6.7 210 ILCS 30/6.8 210 ILCS 30/6.9 new 210 ILCS 45/1-113 210 ILCS 45/2-104 210 ILCS 45/2-106 210 ILCS 45/2-106.1 210 ILCS 45/3-203 210 ILCS 45/3-603 405 ILCS 5/3-701 405 ILCS 5/3-704 405 ILCS 5/3-704.1 new Adds reference to: 305 ILCS 5/5-5.5 Replaces everything after the enacting clause. Amends the Illinois Act on the Aging. Provides that the Department on Aging shall cooperate with the Department of Human Services in pro- viding information and training to Sub-State programs about assess- ment of certain persons with mental illness. Amends the Nursing Home Care Act in relation to inspections. Adds provisions amending the Illinois Public Aid Code. Requires the Department of Public Aid to publish proposed rules by January 1, 2001 regarding payment for services provided by nursing facilities to residents with serious mental illness. Effective January 1, 2001. SENATE AMENDMENT NO. 2. Adds reference to: 210 ILCS 45/3-202.2 new Amends the Nursing Home Care Act. Requires the Department of Public Health to publish proposed rules by January 1, 2001 regarding the provision of services by nursing facilities to residents with a serious mental illness. Also requires the Department of Public Aid's proposed rules regarding payment for services provided by nursing facilities to residents with a serious mental illness to include discharge planning. Gives the entire bill an immediate effective date. Last action on Bill: PUBLIC ACT.............................. 91-0799 Last action date: 00-06-13 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 3 SENATE - 2 END OF INQUIRY Full Text Bill Status