There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 20 Executive Branch 20 ILCS 1705/ Mental Health and Developmental Disabilities Administrative Act.
(20 ILCS 1705/0.01) (from Ch. 91 1/2, par. 100‑0.1)
Sec. 0.01.
Short title.
This Act may be cited as the
Mental Health and Developmental Disabilities Administrative Act.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/1) (from Ch. 91 1/2, par. 100‑1)
Sec. 1.
Purpose.
The purpose of this Act is to consolidate in one
statute certain powers and duties of the Department of Human Services
relating to mental health and developmental disabilities.
(Source: P. A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/2) (from Ch. 91 1/2, par. 100‑2)
Sec. 2.
Definitions; administrative subdivisions.
(a) For the purposes of this Act, unless the context otherwise requires:
"Department" means the Department of Human Services, successor to the former
Department of Mental Health and Developmental Disabilities.
"Secretary" means the Secretary of Human Services.
(b) Unless the context otherwise requires:
(1) References in this Act to the programs or | ||
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(2) References in this Act to the Department's | ||
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(3) References in this Act to employees of the | ||
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(c) The Secretary shall establish such subdivisions
of the Department as shall
be desirable and shall assign to the various subdivisions the responsibilities
and duties placed upon the Department by the Laws of the State of Illinois.
(d) There is established a coordinator of services to
mentally disabled deaf and hearing impaired persons. In hiring this
coordinator, every consideration shall be given to qualified deaf or hearing
impaired individuals.
(e) Whenever the administrative director of the subdivision for mental
health
services is not a board‑certified psychiatrist, the
Secretary shall appoint a Chief for Clinical Services who shall be a
board‑certified psychiatrist with both clinical and administrative
experience. The Chief for Clinical Services shall be responsible for all
clinical and medical decisions for mental health services.
(Source: P.A. 91‑536, eff. 1‑1‑00.)
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(20 ILCS 1705/3) (from Ch. 91 1/2, par. 100‑3)
Sec. 3.
In addition to the powers, duties and responsibilities which may be
otherwise provided by law, the Department shall have the powers enumerated
in this Act.
(Source: Laws 1967, p. 2892.)
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The Chester Mental Health Center, at Chester
The Chicago‑Read Mental Health Center, at Chicago
The Elgin Mental Health Center, at Elgin
The Metropolitan Children and Adolescents Center, at | ||
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The Jacksonville Developmental Center, at | ||
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The Governor Samuel H. Shapiro Developmental Center, | ||
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The Tinley Park Mental Health Center, at Tinley Park
The Warren G. Murray Developmental Center, at | ||
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The Jack Mabley Developmental Center, at Dixon
The Lincoln Developmental Center, at Lincoln
The H. Douglas Singer Mental Health and Developmental | ||
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The John J. Madden Mental Health Center, at Chicago
The George A. Zeller Mental Health Center, at Peoria
The Andrew McFarland Mental Health Center, at | ||
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The Adolf Meyer Mental Health Center, at Decatur
The William W. Fox Developmental Center, at Dwight
The Elisabeth Ludeman Developmental Center, at Park | ||
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The William A. Howe Developmental Center, at Tinley | ||
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The Ann M. Kiley Developmental Center, at Waukegan.
(b) Beginning not later than July 1, 1977, the Department shall cause
each of the facilities under its jurisdiction which provide in‑patient
care to comply with standards, rules and regulations of the Department
of Public Health prescribed under Section 6.05 of the Hospital
Licensing Act.
(c) The Department shall issue quarterly reports on admissions,
deflections, discharges, bed closures, staff‑resident ratios, census,
average length of stay, and any adverse federal certification or
accreditation findings, if any, for each State‑operated facility for the
mentally ill
and developmentally disabled.
(Source: P.A. 93‑636, eff. 6‑1‑04.)
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(20 ILCS 1705/4.1) (from Ch. 91 1/2, par. 100‑4.1)
Sec. 4.1.
Mission statements.
(a) The mission of State‑operated facilities for persons with mental illness
is to provide treatment, rehabilitation, and residential care to recipients
admitted voluntarily or involuntarily because of their need for intensive
services in a protective, secure setting. The Department shall offer services
to a recipient within a State‑operated facility as long as is necessary to
accomplish stabilization of the recipient's psychiatric status and treatment
regimen or arrangements for appropriate continued services. Services shall be
provided in a safe, humane environment by staff with the appropriate
credentials, licensure, and training. Services shall be based on professionally
recognized models and shall be monitored for quality. Services shall include,
but are not limited to:
(1) Diagnosis;
(2) Medication prescription, adjustment and | ||
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(3) Counseling and therapy;
(4) Assessment and psychosocial rehabilitation of | ||
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(5) Recipient education regarding his or her illness | ||
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(6) Discharge planning and linkage with community | ||
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All services shall be rendered with adherence to recipient rights as defined
in the Mental Health and Developmental Disabilities Code as now or hereafter
amended.
(b) Each State‑operated facility shall publish a mission statement which
specifically defines its role in the system of services for persons with
mental illness or persons with a developmental disability. Mission statements
shall be developed with reference to all relevant factors, including but not
limited to:
(1) Geographic area or areas served;
(2) Characteristics of persons appropriate for | ||
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(3) Bed capacity and facility model of unit | ||
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(4) Specific program, treatment, habilitation and | ||
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(5) Integration with community agencies and methods | ||
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(6) Accreditation, certification, and licensure | ||
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(7) Staffing levels and qualifications; and
(8) Identification of recipient groups for which an | ||
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Because the division of tasks between State‑operated facilities and other
service providers can change over time, mission statements shall be
reviewed and revised every 3 years. Allowance for professional and public
input shall be made and each facility shall prepare a summary of concerns
regarding its operations, community linkage, inappropriately served or
unserved populations, or other problems. Final publication of each mission
statement shall include proposed actions to address major concerns to be
undertaken by the facility and other providers in the system.
(Source: P.A. 88‑380.)
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(20 ILCS 1705/4.2) (from Ch. 91 1/2, par. 100‑4.2)
Sec. 4.2.
Facility staff.
(a) The Department shall describe and
delineate guidelines for each of the facilities it operates regarding the
number and qualifications of the staff required to carry out prescribed
duties. The guidelines shall be based on consideration of recipient needs
as well as professional and programmatic requirements, including those
established for purposes of national accreditation and for certification
under Titles XVIII and XIX of the federal Social Security Act.
(b) As used in this Section, "direct care position" means any
position with the Department in which the job titles which
will regularly or temporarily entail contact with recipients in the
Department's facilities for persons with a mental illness or a developmental
disability.
(c) The Department shall require that each candidate for employment in a
direct
care position, as a condition of employment, shall submit to
a fingerprint‑based criminal background investigation
to
determine whether the candidate for employment in a direct care position has
ever been charged with a
crime
and, if
so, the disposition of those charges. This authorization shall indicate the
scope of the
inquiry and the agencies which may be contacted. Upon this authorization, the
Director
(or, on or after July 1, 1997, the Secretary) shall request and receive
information and assistance from any federal,
State or local governmental agency as part of the authorized investigation.
The Department of State Police shall provide information
concerning any criminal charges, and their disposition, now or hereafter filed
against a candidate for employment in a direct care position upon request of
the Department when the request
is made in the form and manner
required by the Department of State Police.
Information concerning convictions of a candidate for employment in a direct
care position investigated
under this
Section, including the source of the information and any conclusions or
recommendations derived from the information, shall be provided, upon request,
to
the candidate for employment in a direct care position before final action by
the Department on the application.
Information on convictions of
a candidate for employment in a direct care
position under this Act shall be provided to the director of the employing
unit, and,
upon request, to the candidate for employment in a direct care position. Any
information
concerning
criminal charges and the disposition of those charges obtained by the
Department shall
be confidential and may not be transmitted outside the Department, except as
required
in this Act, and may not be transmitted to anyone within the Department except
as
needed
for the purpose of evaluating an application of a candidate for employment in a
direct care
position.
Only information and standards which bear a reasonable and rational relation to
the
performance of a direct care position shall be used by the Department. Any
employee
of the Department or the
Department
of State Police receiving confidential information under this Section who gives
or
causes to be given any confidential information concerning any criminal
convictions of
a candidate for employment in a direct care position shall be guilty of a Class
A
misdemeanor unless
release of the information is authorized by this Section.
A Department employing unit may hire, on a probationary basis, any candidate
for employment in a
direct care position, authorizing a criminal background investigation under
this
Section, pending the result of the investigation. A candidate for employment
in
a direct care position shall be notified
before he or she is hired
that his or her employment may be terminated on the basis of criminal
background
information obtained by the employing unit.
No person may be employed in a direct care position who refuses to authorize
an investigation as required by this subsection (c).
(Source: P.A. 92‑218, eff. 1‑1‑02.)
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(20 ILCS 1705/4.3) (from Ch. 91 1/2, par. 100‑4.3)
Sec. 4.3.
Site visits and inspections.
(a) (Blank).
(b) The Department shall establish a system of annual on‑site
inspections of each facility under its jurisdiction. The inspections shall
be conducted by the Department's central office to:
(1) Determine facility compliance with Department | ||
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(2) Determine facility compliance with audit | ||
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(3) Evaluate facility compliance with applicable | ||
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(4) Review and follow up on complaints made by | ||
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(5) Review administrative and management problems | ||
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(Source: P.A. 92‑111, eff. 1‑1‑02.)
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(20 ILCS 1705/5) (from Ch. 91 1/2, par. 100‑5)
Sec. 5.
The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department under this Act, except that in case of conflict
between the Illinois Administrative Procedure Act and this Act the provisions
of this Act shall control, and except that Section 5‑35 of the Illinois
Administrative Procedure Act relating to procedures for rule‑making does not
apply to the adoption of any rule required by federal law in connection with
which the Department is precluded by law from exercising any discretion.
(Source: P.A. 88‑45.)
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(20 ILCS 1705/5.1) (from Ch. 91 1/2, par. 100‑5.1)
Sec. 5.1.
The Department shall develop, by rule, the
procedures and standards by which it shall approve medications for
clinical use in its facilities. A list of those drugs approved pursuant to
these procedures shall be distributed to all Department facilities.
Drugs not listed by the Department may not be administered in facilities
under the jurisdiction of the Department, provided that an unlisted drug
may be administered as part of research with the prior written consent of
the Secretary specifying the nature of the permitted use and
the physicians authorized to prescribe the drug. Drugs, as used in this
Section, mean psychotropic and narcotic drugs.
No physician in the Department shall sign a prescription in blank, nor
permit blank prescription forms to circulate out of his possession or
control.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/6) (from Ch. 91 1/2, par. 100‑6)
Sec. 6.
To appoint and remove facility directors of the State mental
health and developmental disabilities centers, and to obtain all other
employees of those facilities and all other employees
of the Department. All executive level employees of the Department who have
any other employment shall report such other employment to the Department
and to the Department of Central Management Services in a manner prescribed
by the Department of Central Management Services.
(Source: P.A. 85‑971.)
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(20 ILCS 1705/7.1) (from Ch. 91 1/2, par. 100‑7.1)
Sec. 7.1.
To assist families to place children with mental illness, for whom
no appropriate care is available in 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.
(Source: P.A. 88‑380.)
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(20 ILCS 1705/7.2) (from Ch. 91 1/2, par. 100‑7.2)
Sec. 7.2.
No otherwise qualified handicapped child receiving special education
and related services under Article 14 of The School Code shall solely by
reason of his or her handicap be excluded from the participation in or be
denied the benefits of or be subjected to
discrimination under any program or activity provided by the Department.
(Source: P.A. 80‑1403.)
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(20 ILCS 1705/8) (from Ch. 91 1/2, par. 100‑8)
Sec. 8.
To control the admission and transfer of recipients or other
persons in the facilities and programs of the Department. The Department may
divide the State into districts for the purpose of regulating the admission
of recipients to mental health facilities for persons with mental illness. The
Department may change the boundaries of the districts, from time to time, as
may be necessary or expedient. Whenever such division or regulation shall have
been made, the Department shall forthwith make and sign a report to that
effect, designating the boundaries of and the counties included within each
district and the number of recipients apportioned to each mental health
facility and file the same with the Secretary of State, and send a copy thereof
to the director of each mental health facility and to the circuit court of each
county, and to the circuit clerk of each county in the State, to be filed in
his office, and thereafter the State shall be divided into such districts.
Whenever any change in such classification or regulation is made
thereafter, a like report shall be made and filed, and a copy thereof sent
to the circuit court of each county and to the circuit clerks of all
counties affected by such change, as well as to the facility director
of the respective State mental health facilities.
(Source: P.A. 88‑380.)
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(20 ILCS 1705/9) (from Ch. 91 1/2, par. 100‑9)
Sec. 9.
Reasonable charges, as determined by the Department, shall be imposed
for outpatient services at State facilities. Any payments made pursuant
to this Section shall be deposited with the State Treasurer in the Mental
Health Fund. Charges may be waived for persons who are unable to make any
payment.
(Source: P.A. 86‑922.)
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(20 ILCS 1705/10) (from Ch. 91 1/2, par. 100‑10)
Sec. 10.
To examine persons admitted to facilities of the Department
for treatment of mental illness or developmental disability to determine
alcoholism, drug addiction or other substance abuse. Based on such
examination,
the Department may provide necessary medical, education and rehabilitation
services, and may arrange for further assessment and
referral of such persons to appropriate alcoholism or substance abuse services.
The Department shall not deny treatment and care to any person subject
to admission to a facility under its control for treatment for a mental illness
or developmental disability solely on the basis of their alcoholism, drug
addiction or abuse of other substances.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/10.1) (from Ch. 91 1/2, par. 100‑10.1)
Sec. 10.1.
Every woman of child‑bearing age who
is admitted to a facility under the jurisdiction of the Department shall,
with her consent or the consent of her guardian, be
tested for pregnancy upon admission and thereafter as indicated. A record
of each such recipient's menstrual cycles shall be maintained. A plan for
complete prenatal care shall be developed and implemented for each
recipient who is found to be pregnant. On‑site prenatal care shall be
provided to recipients who are not verbal or who otherwise cannot
communicate with a provider of care because of a severe disability, in
which case the facility administrator shall also seek the consent of the
recipient's legal guardian for special care for the recipient, or shall
arrange for a temporary or limited guardianship of the person of the
recipient for the purpose of obtaining consent to diagnosis and treatment
of the recipient. Discharge planning for a pregnant recipient shall
specifically include provision for continuity of prenatal care.
(Source: P.A. 86‑1013.)
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(20 ILCS 1705/11.1) (from Ch. 91 1/2, par. 100‑11.1)
Sec. 11.1.
To provide for all recipients living in State mental
health facilities between the ages of 3 and 21 years special
education services, as defined by the Department, to the
extent that such services are practical for each child's needs. Upon
discharge of the child, a report of the discharge, accompanied by a report
on the special education services received by that child while in the
facility shall be forwarded to the State Board of
Education and to the resident school district.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/11.2) (from Ch. 91 1/2, par. 100‑11.2)
Sec. 11.2.
To maintain and operate the Bureau for Mentally Ill
Children and Adolescents and the Bureau for Developmentally Disabled
Children and Adolescents. Each Bureau shall:
(a) develop the Department policies necessary to assure a coherent
services system for, and develop and coordinate planning on a Statewide
basis for delivery of services to, children or adolescents with mental
illness and children and adolescents with a developmental disability,
including:
(1) assessment of the need for various types of | ||
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(2) design of a system to integrate additional | ||
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(b) provide consultation and technical assistance to the appropriate
Department subdivisions and coordinate service planning and development
efforts for children and adolescents with a developmental disability and
children or adolescents with mental illness;
(c) develop cooperative programs with community service providers and
other State agencies which serve children;
(d) assist families in the placement of children with mental illness, as
specified in Section 7.1; and
(e) develop minimum standards for the operation of both State‑provided
and contracted community‑based services for promulgation as rules.
(Source: P.A. 88‑380.)
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(20 ILCS 1705/12) (from Ch. 91 1/2, par. 100‑12)
Sec. 12.
To promote and advance knowledge, through research, in the causes
and treatment of mental illness, to train competent psychiatric personnel
available for service in the State facilities and elsewhere, and contribute to
meeting the need for treatment for recipients with mental illness.
(Source: P.A. 88‑380; 89‑439, eff. 6‑1‑96.)
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(20 ILCS 1705/12.1) (from Ch. 91 1/2, par. 100‑12.1)
Sec. 12.1.
To establish a distinct operational unit for the purpose of
seeking and implementing in the programs of the Department, new knowledge
regarding mental illness and its treatment. This unit shall also concern
itself with the relationships among research activity, program development,
personnel training and the provision of the most effective services possible.
The Secretary shall name this unit and determine where it shall be located.
(Source: P. A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/12.2)
Sec. 12.2.
Mental Health Commitment Training.
(a) The Department shall develop and present annually at least one
training event for judges, state's attorneys, public defenders, private
attorneys,
law enforcement personnel, hospital and community agency personnel, persons
with mental illness, physicians, psychologists, social workers, emergency room
personnel, and other health care personnel regarding mental illness, the
standards for civil commitment and involuntary treatment, completing
documentation, and changes in the Mental Health and Developmental Disabilities
Code and Mental Health and Developmental Disabilities Confidentiality Act.
(b) The Department may provide multiple training events, regional training
events, and training events by professional discipline. The materials developed
for the training events shall be made available on the Department's website.
The
Department shall develop this training in cooperation with the Administrative
Office of the Illinois Courts, bar associations, the Illinois Law Enforcement
Standards and
Training Board, appropriate statewide organizations representing health care
providers, organizations representing or advocating for persons with mental
illness, and any appropriate statewide organization of licensed professionals.
(c) The Department shall annually report on the number of persons
attending the training events.
(Source: P.A. 93‑376, eff. 7‑24‑03.)
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(20 ILCS 1705/14) (from Ch. 91 1/2, par. 100‑14)
Sec. 14.
Chester Mental Health Center.
To maintain and operate a
facility for the care, custody, and treatment of persons with mental
illness or habilitation of persons with developmental disabilities hereinafter
designated, to be known as the Chester Mental Health Center.
Within the Chester Mental Health Center there shall be confined the
following classes of persons, whose history, in the opinion of the
Department, discloses dangerous or violent tendencies and who, upon
examination under the direction of the Department, have been found a fit
subject for confinement in that facility:
(a) Any male person who is charged with the | ||
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(b) Any male person who is charged with the | ||
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(c) Any male person with mental illness or | ||
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If and when it shall appear to the facility director of the Chester Mental
Health Center that it is necessary to confine persons in order to maintain
security or provide for the protection and safety of recipients and staff, the
Chester Mental Health Center may confine all persons on a unit to their rooms.
This period of confinement shall not exceed 10 hours in a 24 hour period,
including the recipient's scheduled hours of sleep, unless approved by the
Secretary of the Department. During the period of
confinement, the
persons confined shall be observed at least every 15 minutes. A record shall
be kept of the observations. This confinement shall not be considered
seclusion as defined in the Mental Health and Developmental Disabilities
Code.
The facility director of the Chester Mental Health Center may authorize
the temporary use of handcuffs on a recipient for a period not to exceed 10
minutes when necessary in the course of transport of the recipient within the
facility to maintain custody or security. Use of handcuffs is subject to the
provisions of Section 2‑108 of the Mental Health and Developmental Disabilities
Code. The facility shall keep a monthly record listing each instance in which
handcuffs are used, circumstances indicating the need for use of handcuffs, and
time of application of handcuffs and time of release therefrom. The facility
director shall allow the Illinois Guardianship and Advocacy Commission, the
agency designated by the Governor under Section 1 of the Protection and
Advocacy for Developmentally Disabled Persons Act, and the Department to
examine and copy such record upon request.
If and when it shall appear to the satisfaction of the Department that
any person confined in the Chester Mental Health Center is not or has
ceased to be such a source of danger to the public as to require his
subjection to the regimen of the center, the Department is hereby
authorized to transfer such person to any State facility for treatment of
persons with mental illness or habilitation of persons with developmental
disabilities, as the nature of the individual case may require.
Subject to the provisions of this Section, the Department, except where
otherwise provided by law, shall, with respect to the management, conduct
and control of the Chester Mental Health Center and the discipline, custody
and treatment of the persons confined therein, have and exercise the same
rights and powers as are vested by law in the Department with respect to
any and all of the State facilities for treatment of persons with mental
illness or habilitation of persons with developmental disabilities, and the
recipients thereof, and shall be subject to the same duties as are imposed by
law upon the Department with respect to such facilities and the recipients
thereof.
(Source: P.A. 91‑559, eff. 1‑1‑00.)
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(b) requires further oversight and supervisory care | ||
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(c) requires further personal care or general | ||
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(d) requires community mental health services for | ||
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Such determination shall be made in writing and shall become a
part of the facility record of such absolutely or
conditionally discharged person. When the determination indicates that the
condition of the person to be granted an absolute discharge or
a conditional discharge is described under subparagraph (c) or (d) of
this Section, the name and address of the continuing care
facility or home to which such person is to be released shall
be entered in the facility record. Where a discharge from a
mental health facility is made under subparagraph (c), the
Department
shall assign the person so discharged to an existing community
based not‑for‑profit agency for participation in day activities
suitable to the person's needs, such as but not limited to
social and vocational rehabilitation, and other recreational,
educational and financial activities unless the community based
not‑for‑profit agency is unqualified to accept such assignment.
Where the clientele
of any not‑for‑profit
agency increases as
a result of assignments under this amendatory Act of
1977 by
more than 3% over the prior year, the Department shall fully
reimburse such agency for the costs of providing
services to
such persons in excess of such 3% increase.
The Department shall keep written records detailing how many persons have
been assigned to a community based not‑for‑profit agency and how many persons
were not so assigned because the community based agency was unable to
accept the assignments, in accordance with criteria, standards, and procedures
promulgated by rule. Whenever a community based agency is found to be
unable to accept the assignments, the name of the agency and the reason for the
finding shall be
included in the report.
Insofar as desirable in the interests of the former recipient, the
facility, program or home in which the discharged person
is to be placed shall be located in or near the community in which the
person resided prior to hospitalization or in the community in
which the person's family or nearest next of kin presently reside.
Placement of the discharged person in facilities, programs or homes located
outside of this State shall not be made by the Department unless
there are no appropriate facilities, programs or homes available within this
State. Out‑of‑state placements shall be subject to return of recipients
so placed upon the availability of facilities, programs or homes within this
State to accommodate these recipients, except where placement in a contiguous
state results in locating a recipient in a facility or program closer to the
recipient's home or family. If an appropriate facility or program becomes
available equal to or closer to the recipient's home or family, the recipient
shall be returned to and placed at the appropriate facility or program within
this State.
To place any person who is under a program of the Department
at board in a suitable family home or in such other facility or program as
the Department may consider desirable. The Department may place
in licensed nursing homes, sheltered care homes, or homes for
the aged those persons whose behavioral manifestations and medical
and nursing care needs are such as to be substantially indistinguishable
from persons already living in such facilities. Prior to any
placement by the Department under this Section, a determination
shall be made by the personnel of the
Department, as to the capability and suitability of such
facility to adequately meet the needs of the person to be
discharged. When specialized
programs are necessary in order to enable persons in need of
supervised living to develop and improve in the community, the
Department shall place such persons only in specialized residential
care facilities which shall meet Department standards including
restricted admission policy, special staffing and programming
for social and vocational rehabilitation, in addition to the
requirements of the appropriate State licensing agency. The
Department shall not place any new person in a facility the
license of which has been revoked or not renewed on grounds
of inadequate programming, staffing, or medical or adjunctive
services, regardless of the pendency of an action
for administrative review regarding such revocation or failure
to renew. Before the Department may transfer any person to a
licensed nursing home, sheltered care home or home for the
aged or place any person in a specialized residential care
facility the Department shall notify the person to be
transferred, or a responsible relative of such person, in
writing, at least 30 days before the proposed transfer, with
respect to all the relevant facts concerning such transfer,
except in cases of emergency when such notice is not required.
If either the person to be transferred or a responsible
relative of such person objects to such transfer, in writing
to the Department, at any time after receipt of notice and
before the transfer, the facility director of the facility in
which the person was a recipient shall immediately schedule a
hearing at the facility with the presence of the facility director,
the person who objected to such proposed transfer, and a
psychiatrist who is familiar with the record of the person
to be transferred. Such person to be transferred or a
responsible relative may be represented by such counsel or
interested party as he may appoint, who may present such
testimony with respect to the proposed transfer. Testimony
presented at such hearing shall become a part of the facility
record of the person‑to‑be‑transferred. The record of testimony
shall be held in the person‑to‑be‑transferred's record in the
central files of the facility. If such hearing is held a transfer
may only be implemented, if at all, in accordance with the results
of such hearing. Within 15 days after such hearing the
facility director shall deliver his findings based
on the record of the case and the testimony presented at the hearing,
by registered or certified mail, to the parties to such hearing.
The findings of the facility director shall be
deemed a final administrative decision of the Department. For purposes of
this Section, "case of emergency" means those instances in
which the health of the person to be transferred is imperiled
and the most appropriate mental health care or medical care is
available at a licensed nursing home, sheltered care home or
home for the aged or a specialized residential care facility.
Prior to placement of any person in a facility under this
Section the Department shall ensure that an appropriate training
plan for staff is provided by the facility.
Said training may include instruction and demonstration
by Department personnel qualified in the area of mental illness
or mental retardation, as applicable to the person to be placed. Training may
be given both at the facility from which
the recipient is transferred and at the facility receiving
the recipient, and may be available on a continuing basis
subsequent to placement. In a facility providing services to former Department
recipients, training shall be available as necessary for
facility staff. Such training will be on a continuing basis
as the needs of the facility and recipients change and further
training is required.
The Department shall not place any person in a facility
which does not have appropriately trained staff in sufficient
numbers to accommodate the recipient population already at the
facility. As a condition of further or future placements of
persons, the Department shall require the employment of additional
trained staff members at the facility where said persons are
to be placed. The Secretary, or his or her designate,
shall establish written guidelines for placement of persons in facilities
under this Act.
The Department shall keep written records detailing which facilities have
been
determined to have staff who have been appropriately trained by the
Department and
all training which it has provided or
required under this Section.
Bills for the support for a person boarded out shall be
payable monthly out of the proper maintenance funds and shall
be audited as any other accounts of the Department. If a
person is placed in a facility or program outside the Department, the
Department may pay the actual costs of residence, treatment
or maintenance in such facility and may collect such actual
costs or a portion thereof from the recipient or the estate of
a person placed in accordance with this Section.
Other than those placed in a family home the Department
shall cause all persons who are placed in a facility, as defined by the
Nursing Home Care Act, or in designated community living
situations or programs, to be visited at least once during the first month
following placement, and once every month thereafter
for the first year following placement
when indicated, but at least quarterly.
After the
first year, the Department shall determine at what point the appropriate
licensing entity for the facility or designated community living situation or
program will assume the responsibility of ensuring that appropriate services
are being provided to the resident. Once that responsibility is assumed, the
Department may discontinue such visits. If a long term care
facility has periodic care plan conferences, the visitor may participate
in those conferences, if such participation is approved by the resident or the
resident's guardian.
Visits shall be made by qualified
and trained Department personnel, or their designee,
in the area of mental health or developmental disabilities
applicable to the person visited, and shall be made on a
more frequent basis when indicated. The Department may not use as
designee any personnel connected with or responsible to the representatives
of any facility in which persons who have been transferred under this
Section are placed. In the course of such visit there shall be
consideration of the following areas, but not limited
thereto: effects of transfer on physical and mental health
of the person, sufficiency of nursing care and medical coverage
required by the person, sufficiency of staff personnel and
ability to provide basic care for the person, social, recreational
and programmatic activities available for the person, and other
appropriate aspects of the person's environment.
A report containing the above observations shall be made
to the Department, to the licensing agency, and to any other appropriate
agency
subsequent to each visitation. The report shall contain
recommendations to improve the care and treatment of the resident, as
necessary, which shall be reviewed by the facility's interdisciplinary team and
the resident or the resident's legal guardian.
Upon the complaint of any person placed in accordance
with this Section or any responsible citizen or upon discovery
that such person has been abused, neglected, or improperly cared
for, or that the placement does not provide the type of care required by
the recipient's current condition, the Department
immediately shall investigate, and determine if the well‑being, health,
care, or safety of any person is affected by any of the above occurrences,
and if any one of the above occurrences is verified, the Department shall
remove such person at once to a facility of the Department
or to another facility outside the Department, provided such
person's needs can be met at said facility. The Department may
also provide any person placed in accordance with this Section
who is without available funds, and who is permitted to engage
in employment outside the facility, such sums for the transportation,
and other expenses as may be needed by him until he receives
his wages for such employment.
The Department shall promulgate rules and regulations
governing the purchase of care for persons who are wards of
or who are receiving services from the Department. Such rules
and regulations shall apply to all monies expended by any agency
of the State of Illinois for services rendered by any person,
corporate entity, agency, governmental agency or political
subdivision whether public or private outside of the Department
whether payment is made through a contractual, per‑diem or
other arrangement. No funds shall be paid to any person,
corporation, agency, governmental entity or political
subdivision without compliance with such rules and regulations.
The rules and regulations governing purchase of care shall
describe categories and types of service deemed appropriate
for purchase by the Department.
Any provider of services under this Act may elect to receive payment
for those services, and the Department is authorized to arrange for that
payment, by means of direct deposit transmittals to the service provider's
account maintained at a bank, savings and loan association, or other
financial institution. The financial institution shall be approved by the
Department, and the deposits shall be in accordance with rules and
regulations adopted by the Department.
(Source: P.A. 93‑636, eff. 6‑1‑04.)
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(20 ILCS 1705/15a) (from Ch. 91 1/2, par. 100‑15a)
Sec. 15a.
In placing any child under this Act, the Department shall place
such child, as far as possible, in the care and custody of some individual
holding the same religious belief as the parents of the child, or with some
child care facility which is controlled by persons of like religious faith
as the parents of such child.
(Source: Laws 1963, p. 941.)
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(20 ILCS 1705/15b) (from Ch. 91 1/2, par. 100‑15b)
Sec. 15b.
For recipients awaiting conditional
discharge or placement, to execute any document relating to or make any
application for any benefit including state or federal on behalf of any
recipient in a Department program if the recipient is mentally disabled
to manage his own affairs.
(Source: P.A. 86‑922.)
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(20 ILCS 1705/15c) (from Ch. 91 1/2, par. 100‑15c)
Sec. 15c.
The Department shall, not later than January 1, 1986, enter
into a written agreement with the Department of Public Aid which shall provide
for interagency procedures to process and expedite applications for benefits
under The Illinois Public Aid Code which are filed by or on behalf of
recipients awaiting discharge from facilities operated or
licensed by the Department.
The Department shall seek an agreement with the Social Security
Administration which provides for procedures to process and expedite
applications for benefits authorized by the Social Security Act, which are
filed by or on behalf of persons scheduled to be discharged from facilities
operated by the Department.
(Source: P.A. 86‑922.)
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(20 ILCS 1705/15d) (from Ch. 91 1/2, par. 100‑15d)
Sec. 15d.
Before any person is released from a facility
operated or licensed by the Department, the chief administrative officer of
the facility shall assess such person's need for subsistence
benefits and services including food, shelter, clothing and medical care.
If a determination is made that a person will be unable to meet such
subsistence needs after discharge, the chief administrative officer shall
arrange for filing applications under appropriate benefit programs, unless
the person expressly declines. The determination of the chief
administrative officer and resultant action shall be recorded in the
facility record.
The Department shall provide assistance in establishing eligibility for
benefits for persons scheduled for discharge from a facility who have filed
an application. If a person released from a facility
operated or licensed by the Department has filed an application for
disability benefits under the Social Security Act, the Department shall
prepare the assessment of functional limitations and such other medical
documentation as may be necessary to establish eligibility.
(Source: P.A. 86‑922.)
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(20 ILCS 1705/15e) (from Ch. 91 1/2, par. 100‑15e)
Sec. 15e.
In order to improve linkage and aftercare for those
recipients admitted to Department facilities 3 or more times in a 12‑month
period, the
Department shall designate continuous treatment teams for each of the
following facilities: Chicago‑Read Mental Health Center; Elgin Mental
Health Center; Madden Mental Health Center; and Tinley Park Mental
Health Center. The Department may provide these services in the other
facilities it operates.
Upon a recipient's admission to one of the above‑named facilities and when
that admission constitutes the third admission for that recipient to a
Department facility within the previous 12‑month period, the recipient
shall be assigned to a continuous treatment team. Each continuous
treatment team shall fully participate in the admission, inpatient
treatment and discharge planning for each recipient assigned to the team.
Each continuous treatment team further shall ensure linkage to aftercare
services and shall provide continuous support to recipients assigned to the
team to ensure a system of managed care for each recipient. Continuous
treatment team members shall be afforded all appropriate clinical
privileges consistent with applicable accreditation standards.
The Department shall promulgate rules governing these continuous
treatment teams.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(c) The Department of Human Services shall be responsible for developing and promulgating rules to implement the provisions of this Section and to carry out the intent of this Section.
(d) To the extent this Section conflicts with Article I of Chapter II of the Mental Health and Developmental Disabilities Code, that Article controls.
(Source: P.A. 94‑812, eff. 5‑26‑06.) |
(20 ILCS 1705/15.1) (from Ch. 91 1/2, par. 100‑15.1)
Sec. 15.1.
Whenever the Department pays the cost,
directly or indirectly, in whole or in part, for care or
treatment of an Illinois citizen to a facility located in
another State, such facility shall be required to be licensed
by that state and shall also meet the minimum standard as
are imposed by the Illinois laws and regulations for comparable
licensed facilities within Illinois.
Whenever an Illinois citizen is placed in such a facility,
the Department shall ensure that the requirements as contained
in Section 15 of this Act are complied with, as applicable.
The responsibility of the Department shall not be dependent
upon its paying, directly or indirectly, in whole or in part,
for the person's care, treatment or other services, as required,
but rather arises from the placement of such person in a facility
located in another state pursuant to Section 15 of this Act.
The fact that the facility is state‑licensed and meets the
minimum Illinois standards must be affirmed in writing by the
Department to the parent, guardian or nearest
responsible relative before placement is made. The Department
shall also affirm in writing that placement in such facility is
in the best interests of the person to be placed, and there are
presently no suitable facilities in the State of Illinois in
which said person can be placed. Three months subsequent to
placement of any person, the Department shall send copies of
visitation reports made pursuant to Section 15 of this Act to
said person's parent, guardian or nearest responsible relative.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/15.2) (from Ch. 91 1/2, par. 100‑15.2)
Sec. 15.2.
Quality Assurance for Adult Developmental Training Services.
Whenever the Department of Public Aid or the Department of Human Services pays
the cost, directly or
indirectly, in whole
or part, for adult developmental training day services for persons with
developmental disabilities, the provider of such services shall meet
minimum standards established by the Department. Such minimum standards
shall become effective July 1, 1986. Interim program guidelines,
established by the Department, shall be utilized for programs operational
prior to July 1, 1985.
The Department shall annually certify that adult developmental training day
services providers meet minimum standards. The Department may determine
that providers accredited under nationally recognized accreditation
programs are deemed to have met the standards established by the Department
under this Section. The Department shall, at least quarterly, review the
services being provided to assure compliance with the standards. The
Department may suspend, refuse to renew or deny certification to any
provider who fails to meet any or all such standards, as provided by rule.
For purposes of this Section, "adult developmental training day service"
means services designed to help persons with developmental disabilities to
develop functional skills for living in such areas as motoric development,
dressing and grooming, toileting, eating, language, reading and writing,
quantitative skills development, independent living and reduction of
maladaptive behavior. Such programs may include services designed to
improve an individual's ability to engage in productive work as defined
for work activity centers in the federal Fair Labor Standards Act, as amended.
For purposes of this Section, "providers of adult developmental training day
services" means any person, agency or organization that provides such
services for persons with developmental disabilities as defined by the
Mental Health and Developmental Disabilities Code.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/15.3) (from Ch. 91 1/2, par. 100‑15.3)
Sec. 15.3.
Quality assurance for community mental health services.
Whenever the Department of Public Aid or the Department of Human Services pays
the cost, directly or indirectly, in
whole or part, for community mental health services and programs provided
under the Medicaid Clinic Option authorized by Title XIX of the Social
Security Act, the provider of such services shall meet minimum standards
established by the Department.
The Department shall annually certify that providers of community mental
health services under the Medicaid Clinic Option meet minimum standards.
The Department may suspend, refuse to renew or deny
certification to any provider who fails to meet any or all such standards,
as provided by rule.
For purposes of this Section, "community mental health services and
programs" means services designed to help persons with mental illness
develop skills for living, including but not limited to the following:
(1) Mental health assessment;
(2) Psychological evaluation;
(3) Interdisciplinary treatment planning;
(4) Medication monitoring and training;
(5) Individual therapy;
(6) Group therapy;
(7) Family therapy;
(8) Crisis intervention;
(9) Case management;
(10) Intensive stabilization; and
(11) Extended treatment and rehabilitation.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/15.4)
Sec. 15.4.
Authorization for nursing delegation to permit direct care
staff to
administer medications.
(a) This Section applies to (i) all programs for persons
with a
developmental disability in settings of 16 persons or fewer that are funded or
licensed by the Department of Human
Services and that distribute or administer medications and (ii) all
intermediate care
facilities for the developmentally disabled with 16 beds or fewer that are
licensed by the
Department of Public Health. The Department of Human Services shall develop a
training program for authorized direct care staff to administer oral and
topical
medications under the
supervision and monitoring of a registered professional nurse.
This training program shall be developed in consultation with professional
associations representing (i) physicians licensed to practice medicine in all
its branches, (ii) registered professional nurses, and (iii) pharmacists.
(b) For the purposes of this Section:
"Authorized direct care staff" means non‑licensed persons who have
successfully completed a medication administration training program
approved by the Department of Human Services and conducted by a nurse‑trainer.
This authorization is specific to an individual receiving service in
a
specific agency and does not transfer to another agency.
"Nurse‑trainer training program" means a standardized, competency‑based
medication administration train‑the‑trainer program provided by the
Department of Human Services and conducted by a Department of Human
Services master nurse‑trainer for the purpose of training nurse‑trainers to
train persons employed or under contract to provide direct care or
treatment to individuals receiving services to administer
medications and provide self‑administration of medication training to
individuals under the supervision and monitoring of the nurse‑trainer. The
program incorporates adult learning styles, teaching strategies, classroom
management, and a curriculum overview, including the ethical and legal
aspects of supervising those administering medications.
"Self‑administration of medications" means an individual administers
his or her own medications. To be considered capable to self‑administer
their own medication, individuals must, at a minimum, be able to identify
their medication by size, shape, or color, know when they should take
the medication, and know the amount of medication to be taken each time.
"Training program" means a standardized medication administration
training program approved by the Department of Human Services and
conducted by a registered professional nurse for the purpose of training
persons employed or under contract to provide direct care or treatment to
individuals receiving services to administer medications
and provide self‑administration of medication training to individuals under
the delegation and supervision of a nurse‑trainer. The program incorporates
adult learning styles, teaching strategies, classroom management,
curriculum overview, including ethical‑legal aspects, and standardized
competency‑based evaluations on administration of medications and
self‑administration of medication training programs.
(c) Training and authorization of non‑licensed direct care staff by
nurse‑trainers must meet the requirements of this subsection.
(1) Prior to training non‑licensed direct care staff | ||
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(A) An assessment of the individual's health | ||
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(B) An evaluation of the medications prescribed.
(2) Non‑licensed authorized direct care staff shall | ||
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(A) Be 18 years of age or older.
(B) Have completed high school or its | ||
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(C) Have demonstrated functional literacy.
(D) Have satisfactorily completed the Health | ||
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(E) Have successfully completed the training | ||
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(F) Have received additional competency‑based | ||
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(3) Authorized direct care staff shall be | ||
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(4) Authorization of direct care staff to | ||
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(5) The registered professional nurse shall assess | ||
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(d) Medication self‑administration shall meet the following
requirements:
(1) As part of the normalization process, in order | ||
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(A) Every program shall adopt written policies | ||
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(B) Individuals shall be evaluated to determine | ||
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(C) When the results of the screening and | ||
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(2) Each individual shall be presumed to be | ||
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(A) authorized by an order of a physician | ||
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(B) approved to self‑administer medication by | ||
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(e) Quality Assurance.
(1) A registered professional nurse, advanced | ||
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(A) Medication orders.
(B) Medication labels, including medications | ||
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(C) Medication administration records for | ||
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(i) medication administered as prescribed;
(ii) refusal by the individual; and
(iii) full signatures provided for all | ||
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(2) Reviews shall occur at least quarterly, but may | ||
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(3) A quality assurance review of medication errors | ||
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(f) Programs using authorized direct care
staff to administer medications are responsible for documenting and maintaining
records
on the training that is completed.
(g) The absence of this training program constitutes a threat to the
public interest,
safety, and welfare and necessitates emergency rulemaking by
the Departments of Human Services and
Public Health
under Section 5‑45
of
the
Illinois Administrative Procedure Act.
(h) Direct care staff who fail to qualify for delegated authority to
administer medications pursuant to the provisions of this Section shall be
given
additional education and testing to meet criteria for
delegation authority to administer medications.
Any direct care staff person who fails to qualify as an authorized direct care
staff
after initial training and testing must within 3 months be given another
opportunity for retraining and retesting. A direct care staff person who fails
to
meet criteria for delegated authority to administer medication, including, but
not limited to, failure of the written test on 2 occasions shall be given
consideration for shift transfer or reassignment, if possible. No employee
shall be terminated for failure to qualify during the 3‑month time period
following initial testing. Refusal to complete training and testing required
by this Section may be grounds for immediate dismissal.
(i) No authorized direct care staff person delegated to administer
medication shall be subject to suspension or discharge for errors
resulting from the staff
person's acts or omissions when performing the functions unless the staff
person's actions or omissions constitute willful and wanton conduct.
Nothing in this subsection is intended to supersede paragraph (4) of subsection
(c).
(j) A registered professional nurse, advanced practice nurse,
physician licensed to practice medicine in all its branches, or physician
assistant shall be on
duty or
on call at all times in any program covered by this Section.
(k) The employer shall be responsible for maintaining liability insurance
for any program covered by this Section.
(l) Any direct care staff person who qualifies as authorized direct care
staff pursuant to this Section shall be granted consideration for a one‑time
additional
salary differential. The Department shall determine and provide the necessary
funding for
the differential in the base. This subsection (l) is inoperative on and after
June 30, 2000.
(Source: P.A. 91‑630, eff. 8‑19‑99.)
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(20 ILCS 1705/16) (from Ch. 91 1/2, par. 100‑16)
Sec. 16.
In order to secure for the recipients of the
facilities under the jurisdiction of the Department
the earliest possible discharge from such facilities
compatible with proper treatment and care and a continuance of expert
service after discharge, without charge, the Department shall carry
on a program of after care of conditionally discharged recipients.
Qualified persons shall visit or consult the recipient and his family
before and at least every six months after discharge to advise the
family of and determine the existence of the care and occupation most
favorable for the recipient's continued improvement and return to and
maintenance of mental health. The visitation and contact requirement of
this Section shall remain in effect while the recipient is on conditional
discharge, and shall terminate when such status is terminated under
Section 4‑702 of the "Mental Health and Developmental Disabilities
Code." The visitations required in this Section shall be in addition to
those required under Section 15 of this Act.
(Source: P.A. 85‑971.)
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(20 ILCS 1705/16.1) (from Ch. 91 1/2, par. 100‑16.1)
Sec. 16.1.
At the discretion of the Secretary, to provide
recipients under
Department jurisdiction with monetary remuneration or other incentives on a
graduated scale for work performed as part of their training for useful
employment. Such recipient‑workers are exempt from the Personnel Code.
Such remuneration or incentives must be paid solely from funds received
by gift or grant from private sources or the federal government or the
Mental Health Fund or from funds received from the sale of articles from
habilitation workshops. No general revenue funds appropriated to the Department
may be used to pay such remuneration or incentives.
The category of Institutional Helpers may still be paid out of General
Revenue funds.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/16.2) (from Ch. 91 1/2, par. 100‑16.2)
Sec. 16.2.
(Repealed).
(Source: P.A. 90‑372, eff. 7‑1‑98. Repealed internally, eff. 7‑1‑98.)
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(20 ILCS 1705/17) (from Ch. 91 1/2, par. 100‑17)
Sec. 17.
To make such investigations as may be necessary to the performance
of its duties. In the course of any such investigation, any qualified
person
authorized by the Secretary may administer oaths and secure
by its subpoena
both the attendance and testimony of witnesses and the production of books
and papers relevant to such investigation. Any person who is served with a
subpoena by the Department to appear and testify or to produce books and
papers, in the course of an investigation authorized by law, and who
refuses or neglects to appear, or to testify, or to produce books and
papers relevant to such investigation, as commanded in such subpoena,
commits a Class B misdemeanor. The fees of witnesses for attendance and
travel shall be the same as the fees of witnesses before the circuit courts
of this State. Any circuit court of this State, upon
application of the Department, may compel the attendance of witnesses, the
production of books and papers, and giving of testimony before the
Department or before any authorized officer or employee thereof, by an
attachment for contempt or otherwise, in the same manner as production of
evidence may be compelled before such court. Every person who, having taken
an oath or made affirmation before the Department or any authorized officer
or employee thereof, shall wilfully swear or affirm falsely, shall be
guilty of perjury and upon conviction shall be punished accordingly.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/18) (from Ch. 91 1/2, par. 100‑18)
Sec. 18.
To receive, hold, distribute and use for indicated purposes and
the benefit of recipients, monies and materials made available by the
federal government or other agency. The Department specifically may claim
federal reimbursement through the Illinois Department of Public Aid under
the "Medicaid Waiver" provisions of Section 1915(c) of the Social Security
Act, as amended, for providing community services to recipients of medical
assistance under Article V of the Illinois Public Aid Code. The Department
shall maintain a separate line item in its budget, entitled "Developmental
Disability Community Initiative", to account for the expenditure of such
monies.
(Source: P.A. 85‑1209.)
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(20 ILCS 1705/18.2) (from Ch. 91 1/2, par. 100‑18.2)
Sec. 18.2.
Integrated system for services for developmentally
disabled. The Department shall develop an effective, integrated system for
delivering State‑funded and State‑operated services to persons with
developmental disabilities. No later than June 30, 1993, the Department
shall enter into one or more co‑operative arrangements with the Department
of Public Aid, the Department of Rehabilitation Services, the Department of
Public Health, and any other appropriate entities for administration or
supervision by the Department of Mental Health and Developmental
Disabilities of all State programs for services to persons in community
care facilities for persons with developmental disabilities, including but
not limited to intermediate care facilities, that are supported by State
funds or by funding under Title XIX of the federal Social Security Act.
The Department of Human Services shall succeed to the responsibilities of the
Department of Mental Health and Developmental Disabilities and the Department
of Rehabilitation Services under any such cooperative arrangement in existence
on July 1, 1997.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/18.3)
Sec. 18.3.
Integrated system for services for the mentally ill.
The
Department shall develop an effective, integrated system for delivering
State‑funded and State‑operated services to persons with mental illness. No
later than June 30, 1994, the Department shall enter into one or more
cooperative arrangements with the Department of Public Aid, the Department of
Rehabilitation Services, the Department of Public Health, and any other
appropriate entities for administration or supervision by the Department of
Mental Health and Developmental Disabilities of all State programs for services
to persons in community care facilities for persons with mental illness,
including but not limited to intermediate care facilities, that are supported
by State funds or by funding under Title XIX of the federal Social Security
Act. The Department shall form a medical advisory panel, appointed by the
Secretary, comprised of 5 physicians licensed to practice
medicine in all its
branches with a special emphasis in treating mental illness, to provide advice
on care rendered to patients in any integrated delivery system.
The Department of Human Services shall succeed to the responsibilities of the
Department of Mental Health and Developmental Disabilities and the Department
of Rehabilitation Services under any such cooperative arrangement in existence
on July 1, 1997.
(Source: P.A. 88‑388; 89‑507, eff. 7‑1‑97.)
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(2) The next $4,500,000 shall be deposited directly | ||
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(3) Any additional amounts shall be deposited 50% | ||
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(b‑1) For State fiscal year 2005, the first $73,000,000 in any funds paid to the State by the federal government under Title XIX or Title XXI of the Social Security Act for services delivered by community mental health services providers, and any interest earned thereon, shall be deposited directly into the Community Mental Health Medicaid Trust Fund before any deposits are made into the General Revenue Fund. The next $25,000,000, less any deposits made prior to the effective date of this amendatory Act of the 94th General Assembly, shall be deposited into the General Revenue Fund. Amounts received in excess of $98,000,000 shall be deposited 50% into the General Revenue Fund and 50% into the Community Mental Health Medicaid Trust Fund. At the direction of the Director of Healthcare and Family Services, on April 1, 2005, or as soon thereafter as practical, the Comptroller shall direct and the State Treasurer shall transfer amounts not to exceed $14,000,000 into the Community Mental Health Medicaid Trust
Fund from the Public Aid Recoveries Trust Fund. (b‑2) For State fiscal year 2006, and in subsequent fiscal years until any transfers under subsection (b‑1) are repaid, the first $73,000,000 in any funds paid to the State by the federal government under Title XIX or Title XXI of the Social Security Act for services delivered by community mental health providers, and any interest earned thereon, shall be deposited directly into the Community Mental Health Medicaid
Trust Fund. Then the next $14,000,000, or such amount as was transferred under subsection (b‑1) at the direction of the Director of Healthcare and Family Services, shall be deposited into the Public Aid Recoveries Trust Fund.
Any additional amounts received shall be deposited in accordance with subsection (b).
(c) The Department shall reimburse community mental health
providers for
services provided to eligible
individuals. Moneys in the Community Mental Health Medicaid Trust Fund may be
used for that purpose.
(d) As used in this Section:
"Community mental health provider" means a community agency that is funded by the Department to
provide a service.
"Service" means a mental health service
provided pursuant to the provisions of administrative rules adopted by the Department and funded by the Department of Human Services' Division of Mental Health.
(Source: P.A. 93‑841, eff. 7‑30‑04; 94‑58, eff. 6‑17‑05; 94‑839, eff. 6‑6‑06.)
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(20 ILCS 1705/19) (from Ch. 91 1/2, par. 100‑19)
Sec. 19.
To make agreements with any other department, authority or commission of
this State, any State university or public or private agency, community
mental health or board of health, to make and receive payment for services
provided to or by such bodies, and with written approval by the Governor to
make agreements with other states.
(Source: P. A. 78‑723.)
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(20 ILCS 1705/20) (from Ch. 91 1/2, par. 100‑20)
Sec. 20.
To hold and direct the expenditure of all money which has been
or may be received by any officer of the several State facilities under the
direction and supervision of the Department, as profit on sales from
commissary stores. Such money shall be expended under the direction of the
Department for the special comfort, pleasure and amusement of
recipients or members and employees, provided that amounts
expended for comfort, pleasure and amusement of employees shall not exceed
the amount of profits derived from sales made to employees by such
commissaries, as determined by the Department.
Money received as interest and income on funds deposited for
recipients or members of such State facilities shall be expended
for the special comfort, pleasure and
amusement of the recipients or members of the
particular facility where the money is paid or received, except that
interest or income on the individual savings accounts or investments of
such recipients or members shall not be so expended, but
shall accrue to the individual accounts of such recipients or members.
Any money belonging to recipients or members separated from facilities
described under this Section, in custody of officers thereof, who are
separated by death, absolute discharge or unauthorized absence, may, if
unclaimed by the recipient or member or the legal representatives thereof for
a period of two years, be expended at the direction of the Department for
the purposes and in the manner specified above. Articles of personal
property, with the exception of clothing, so left in the custody of such
officers, shall, if unclaimed for the period of two years, be sold and the
money disposed of in the same manner.
Clothing left at the facility by recipients or members at the time of
separation may be used as determined by the facility if unclaimed by the
recipient or member or legal representatives thereof within
30 days after notification.
(Source: P.A. 86‑922.)
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(20 ILCS 1705/21) (from Ch. 91 1/2, par. 100‑21)
Sec. 21.
To transmit to the State Treasurer monies collected from various
sources such as the sale of manufactured articles, of farm products and of
all miscellaneous articles. A detailed statement of such collections shall
be made monthly to the Department by the director of the facility.
A Department authorized habilitation workshop program may retain funds
at the facility under the direction of the facility
director. The July 1 balance of such funds retained
may not exceed 33‑1/3% of the direct operating expenses for the fiscal year
then ended. All monies in excess of this amount shall be deposited in the
General Revenue fund not later than 60 days thereafter.
Upon termination of a habilitation workshop program, all monies which remain
after payment of liabilities shall be deposited in the General Revenue fund
not later than 60 days after the termination.
(Source: P.A. 85‑971.)
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(20 ILCS 1705/21.1) (from Ch. 91 1/2, par. 100‑21.1)
Sec. 21.1.
The Self‑Sufficiency Trust Fund, heretofore created under
repealed Section 5‑118 of the Mental Health and Developmental Disabilities
Code, is continued under this Section. The State Treasurer, ex officio,
shall be custodian of the Trust Fund, and the Comptroller shall direct
payments from the Trust Fund upon vouchers properly certified by the
Secretary of Human Services. The Treasurer
shall credit interest on the Trust Fund to the Trust Fund, and the
Secretary
shall allocate such interest pro rata to the respective accounts of the
named beneficiaries of the Trust Fund.
The Department may accept
moneys from a self‑sufficiency trust for deposit in the Trust Fund
pursuant to an agreement with the trust naming one or more beneficiaries
who are persons with a developmental disability or persons otherwise eligible
for Department services residing in this State and specifying the care, support
or treatment to be provided for them. The Department shall maintain a separate
account in the Trust Fund for each named beneficiary. The moneys in such
accounts shall be spent by the Department, pursuant to its rules, only to
provide care, support and treatment for the named beneficiaries in accordance
with the terms of the agreement. In the event that the Secretary determines
that the moneys in the account of a named beneficiary cannot be used for the
care, support or treatment of that beneficiary in a manner consistent with the
rules of the Department and the agreement, or upon request of the
self‑sufficiency trust, the remaining moneys in such account, together with any
accumulated interest thereon, shall be promptly returned to the
self‑sufficiency trust which deposited such moneys in the Trust Fund.
The Department shall adopt such rules and procedures as may be necessary
or useful for the administration of the Trust Fund.
The receipt by a beneficiary of money from the Trust Fund, or of care,
treatment or support provided with such money, shall not in any way reduce,
impair or diminish the benefits to which such beneficiary is otherwise
entitled by law.
For the purposes of this Section, the term "self‑sufficiency trust" means
a trust created by a not for profit corporation which is exempt from
federal income taxation under Section 501(c)(3) of the federal Internal
Revenue Code of 1986 and which is organized under the General Not for
Profit Corporation Act of 1986 for the purpose of providing for the care,
support or treatment of one or more persons with a developmental disability or
persons otherwise eligible for Department services.
(Source: P.A. 88‑380; 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/21.2) (from Ch. 91 1/2, par. 100‑21.2)
Sec. 21.2.
The Fund for the Developmentally Disabled,
heretofore created as a special fund in the State Treasury under repealed
Section 5‑119 of the Mental Health and Developmental Disabilities Code, is
continued under this Section. The Secretary may accept moneys
from any
source for deposit into the Fund. The moneys in the Fund shall be used by
the Department, subject to appropriation, for the purpose of providing for
the care, support and treatment of low‑income persons with a developmental
disability, or low‑income persons otherwise eligible for Department services,
as defined by the Department.
(Source: P.A. 88‑380; 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/22) (from Ch. 91 1/2, par. 100‑22)
Sec. 22.
To accept and hold in behalf of the State, if for the public
interest, a grant, gift or legacy of money or property to the
State of Illinois, to the Department, or to any facility of the Department
made in trust for the maintenance or support of a recipient at a facility
of the Department, or for any other legitimate purpose connected with such
facility. The Department shall accept any donation for the board and
treatment of any recipient. The Department also may accept and hold a grant,
gift, or
legacy of money or property made or given to a facility of the Department
that is no longer operating or to a facility of the Department that is
operating under a different
name, provided that if the grant, gift or legacy was made for a
particular purpose, the Department shall, to the extent practicable, use
the grant, gift or legacy in a manner that carries out that purpose with
regard to another facility operated by the Department for the same purpose,
or in the latter case, with regard to that same facility of the Department
that is operating under a different name.
The Department shall cause each gift,
grant or legacy to be kept as a distinct fund, and shall invest
the same in the manner provided by the laws of this State as the same now
exist, or shall hereafter be enacted, relating to securities in which the
deposit in a savings bank may be invested. But the Department may, in its
discretion, deposit in a proper trust company or savings bank, during the
continuance of the trust, any fund so left in trust for the life of a
person, and shall adopt rules and regulations governing the deposit,
transfer, or withdrawal of such fund. The Department shall on the
expiration of any trust as provided in any instrument creating the same,
dispose of the fund thereby created in the manner provided in such
instrument. Monies
found on the recipients at the time of their admission, or
accruing to them during their period of facility care, and monies deposited
with the facility director by relatives, guardians or friends of
recipients for the special comfort and pleasure of such
recipients, shall remain in the custody of such facility
director who shall act as trustee for
disbursement to, in behalf of, or for the benefit of such recipients.
All types of retirement and pension benefits from private and public sources
may be paid directly to the director of the facility where the recipient is a
resident, for deposit to the recipient's trust fund account.
Banks, trust companies, savings and loan companies and insurance carriers
having in their possession funds of $1,000 or less belonging to a
recipient in a facility of the
Department shall release such funds to the director of the facility where the
recipient is a resident, for deposit to the recipient's trust fund
account. The facility director shall
provide a receipt to any bank, trust company, savings and loan company or
insurance carrier for the amount received and such receipt shall constitute
a valid and sufficient discharge and release of the obligation of such
bank, trust company, savings and loan company or insurance carrier to the
recipient for whom such payment was so made, to the extent of the payment
made. Each facility director shall keep in a book an itemized account of all
receipts and expenditures of funds described in the above proviso, which
book shall be open at all times to the inspection of the Department.
(Source: P.A. 91‑357, eff. 7‑29‑99; 92‑218, eff. 1‑1‑02.)
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(20 ILCS 1705/26) (from Ch. 91 1/2, par. 100‑26)
Sec. 26.
To establish, maintain and operate cemeteries in connection with
the facilities of the Department for the interment of
the remains of deceased recipients of such facilities whose bodies
are not claimed by relatives or others willing to provide other facilities
for the interment thereof and to acquire lands therefor.
(Source: P.A. 85‑971.)
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(20 ILCS 1705/27) (from Ch. 91 1/2, par. 100‑27)
Sec. 27.
To prescribe and require surety bonds from any officer or employee
under the jurisdiction of the Department, where deemed advisable, in such
penal sums to be determined by the Department. The cost of such bonds shall
be paid by the State out of funds appropriated to the Department.
(Source: Laws 1961, p. 2666.)
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(20 ILCS 1705/28) (from Ch. 91 1/2, par. 100‑28)
Sec. 28.
To keep, for each facility under the jurisdiction of the
Department, a register of the number of officers, employees and
recipients present each day in the year, in such form as
to admit of a calculation of the average number present each month.
(Source: P.A. 85‑971.)
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(20 ILCS 1705/30) (from Ch. 91 1/2, par. 100‑30)
Sec. 30.
To present to the Governor and the legislature, in such form as
required, such information regarding appropriations needed as may be
required.
(Source: Laws 1961, p. 2666.)
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(20 ILCS 1705/31) (from Ch. 91 1/2, par. 100‑31)
Sec. 31.
To print publications and distribute documents, reports,
statistics, bulletins, and other matter relating to services and programs
of the Department.
(Source: Laws 1961, p. 2666.)
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(20 ILCS 1705/31a) (from Ch. 91 1/2, par. 100‑31a)
Sec. 31a.
Computer records.
If computer printouts of the Department's
records are offered as evidence, the Secretary shall certify
that those
computer records are true and exact representations of records properly
entered into standard electronic computing equipment, in the regular course
of the Department's business, at or reasonably near the time of occurrence
of the facts recorded, from trustworthy and reliable information. Such a
certified computer printout shall without further proof, be admitted into
evidence before the Department or in any legal proceeding and shall be
prima facie proof of the correctness of the entries therein.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/33.1) (from Ch. 91 1/2, par. 100‑33.1)
Sec. 33.1.
To make assignments for educational or training purposes to
qualified persons, and to make payments for such purposes in the manner
authorized by this Section.
(a) To qualify for an assignment for educational or training purposes
under this Section, a person must:
1. be enrolled in the final 2 years of accredited | ||
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2. have completed 4 years of high school education;
3. possess such qualities and attributes as the | ||
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4. sign an agreement to serve as an employee of the | ||
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5. sign a promissory note agreeing to repay the | ||
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6. agree in writing to such other terms and | ||
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(b) When granting an assignment for educational or training purposes to
an eligible person under this Section, the Department may pay:
1. such amounts as are established by Department | ||
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2. for school expenses, not to exceed 80% of the | ||
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(c) Except for the purpose of receiving salary, vacation pay or any
other similar remuneration payable to State employees, the status of an
employee of the Department as an employee of the State is not affected by
the employee serving on an educational or training assignment under this
Section as specified under the rules and regulations of the Department of
Central Management Services.
(d) Training programs such as tuition only refunds and special workshops
for employees with one year or more of service and/or training which is a
part of collaborative arrangements with institutions of higher learning or
other public agencies are not affected by this Section.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/33.2) (from Ch. 91 1/2, par. 100‑33.2)
Sec. 33.2.
To require of each physician, of whatever specialty, employed
by the Department or practicing under its supervision, to be trained in
the techniques of psychopharmacology. The Department shall:
(a) insure that each physician employed by it after the effective date
of this amendatory Act of 1975 has completed course work during his medical
training in the techniques of administering drugs for the purpose of treating
mental disease or disability, or that a physician who is unable to show
evidence of completion of such training attends a seminar on psychopharmacology
sponsored by the Department within 30 days of the beginning of his employment
or practice under the supervision of the Department; and
(b) insure that each physician employed by it on the effective date of
this amendatory Act of 1975 attends a seminar on psychopharmacology sponsored
by the Department within 30 days of that effective date.
The Secretary may require periodic refresher seminars on the
subject of psychopharmacology for each physician and such other employees of
the Department as he or she may deem appropriate.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/33.3) (from Ch. 91 1/2, par. 100‑33.3)
Sec. 33.3.
(a) The Department may
develop an annual plan for staff training. The plan
shall establish minimum training objectives and time frames and shall be
based on the assessment of needs of direct treatment staff. The plan shall
be developed using comments from employee representative organizations and
State and national professional and advocacy
groups. The training plan shall be available for public review and comment.
(b) A centralized pre‑service training curriculum shall be developed
for classifications of employees of State‑operated
facilities who have responsibility for direct patient care and whose
professional training and experience does not substantially include the
minimum training required under this Section, as determined by the
Department.
The plan shall address, at a minimum, the following areas:
(1) Crisis intervention;
(2) Communication (interpersonal theory, active | ||
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(3) Group process and group dynamics;
(4) Diagnosis, management, treatment and discharge | ||
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(5) Psychotherapeutic and psychopharmacological | ||
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(6) Community resources;
(7) Specialized skills for: long‑term treatment, | ||
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(8) The Mental Health and Developmental Disabilities | ||
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(9) The Mental Health and Developmental Disabilities | ||
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(10) Physical intervention techniques;
(11) Aggression management;
(12) Cardiopulmonary resuscitation;
(13) Social assessment training;
(14) Suicide prevention and intervention;
(15) Tardive dyskensia;
(16) Fire safety;
(17) Acquired immunodeficiency syndrome (AIDS);
(18) Toxic substances;
(19) The detection and reporting of suspected | ||
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(20) Methods of avoiding or reducing injuries in | ||
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(c) Each program shall establish a unit‑specific orientation which
details the types of patients served, rules, treatment strategies,
response to medical emergencies, policies and procedures, seclusion,
restraint for special need recipients, and community resources.
(d) The plan shall provide for in‑service and any other necessary
training for direct service staff and shall include a system for verification of
completion. Pre‑service training shall be completed within 6 months after
beginning employment, as a condition of continued employment and as a
prerequisite to contact with recipients of services, except in the
course of supervised on‑the‑job training that may be a component of the
training plan. The plan may also require additional
training in relation to
changes in employee work assignments and job classifications of professional and direct
service staff.
Direct care staff shall be trained in methods of communicating with
recipients who are not verbal, including discerning signs of discomfort or
medical problems experienced by a recipient. Facility administrators also
shall receive such training, to ensure that facility operations are adapted
to the needs of mentally disabled recipients.
(e) To facilitate training, the Department may develop
at least 2 training offices, one serving State‑operated facilities
located in the Chicago metropolitan area and the second serving other
facilities operated by the Department. These offices shall develop and
conduct the pre‑service and in‑service training programs required by this
Section and coordinate other training required by the Department.
(Source: P.A. 86‑1013.)
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(20 ILCS 1705/34) (from Ch. 91 1/2, par. 100‑34)
Sec. 34.
To make grants‑in‑aid to community clinics and agencies for
psychiatric or clinical services, training, research and other mental
health, mental retardation and other developmental disabilities programs,
for persons of all ages including those aged 3 to 21.
In addition to other standards and procedures governing the disbursement of
grants‑in‑aid implemented under this Section, the Secretary
shall require that each application for such aid submitted by public agencies
or public clinics with respect to services to be provided by a municipality
with a population of 500,000 or more shall include review
and comment by a community mental health board that is organized under
local authority and broadly representative of the geographic, social,
cultural, and economic interests of the area to be served, and which
includes persons who are professionals in the field of mental health,
consumers of services or representative of the general public. Within
planning and service areas designated by the Secretary where
more than one clinic or agency applies under this paragraph, each application
shall be
reviewed by a single community mental health board that is representative
of the areas to be served by each clinic or agency.
The Secretary may authorize advance disbursements to any
clinic or agency that has been awarded a grant‑in‑aid, provided that the
Secretary shall, within 30 days before the making of such
disbursement, certify to the Comptroller that (a) the provider is
eligible to receive that disbursement, and (b) the disbursement is made
as compensation for services to be rendered within 60 days of that
certification.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/34.1) (from Ch. 91 1/2, par. 100‑34.1)
Sec. 34.1.
To make grants‑in‑aid not to exceed 30% of the construction
and equipment costs of developmental disabilities facilities and community
mental health centers.
(Source: P.A. 85‑971.)
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(20 ILCS 1705/34.2) (from Ch. 91 1/2, par. 100‑34.2)
Sec. 34.2.
(Repealed).
(Source: P.A. 90‑372, eff. 7‑1‑98. Repealed internally, eff. 7‑1‑98.)
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(20 ILCS 1705/34.3)
Sec. 34.3.
Use of Block Grant Fund.
The Department shall utilize moneys
from the Community Mental Health Services Block Grant Fund in accordance with
the purposes and objectives of the federal Alcohol, Drug Abuse and Mental
Health Administration Reorganization Act (P.L. 102‑321).
(Source: P.A. 88‑553.)
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(20 ILCS 1705/43) (from Ch. 91 1/2, par. 100‑43)
Sec. 43.
To provide habilitation and care for mentally retarded and persons
with a developmental disability and counseling for their families in accordance
with programs established and conducted by the Department.
In assisting families to place such persons in need of care in licensed
facilities for mentally retarded and persons with a developmental
disability, the Department may supplement the amount a family is
able to pay, as determined by the Department in accordance with Sections
5‑105 through 5‑116 of the "Mental Health and Developmental Disabilities Code"
as amended, and the amount available from other sources. The Department shall
have the authority to determine eligibility for placement of a person in a
private facility.
Whenever a mentally retarded person or a client is placed in a
private facility pursuant to this Section, such private facility must
give the Department and the person's guardian or nearest relative, at
least 30 days' notice in writing before such person may be discharged or
transferred from the private facility, except in an emergency.
(Source: P.A. 90‑14, eff. 7‑1‑97.)
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(20 ILCS 1705/44) (from Ch. 91 1/2, par. 100‑44)
Sec. 44.
No officer, agent or employee of the Department shall be directly or
indirectly interested
in any contract, or other agreement for building, repairing, furnishing or
supplying such facilities, or for disposing of the product, or products, of
any such facility. Any violation of this Section shall be a Class 4 felony.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/45) (from Ch. 91 1/2, par. 100‑45)
Sec. 45.
The following Acts are repealed:
"An Act to provide for the establishment and maintenance of services
and facilities for severely physically handicapped children", approved
June 29, 1945.
"An Act in relation to the visitation, instruction, and
rehabilitation of major visually handicapped persons and to repeal acts
herein named", approved July 21, 1959.
"An Act in relation to the rehabilitation of physically handicapped
persons", approved June 28, 1919.
"An Act for the treatment, care and maintenance of persons mentally
ill or in need of mental treatment who are inmates of the Illinois
Soldiers' and Sailors' Home", approved June 15, 1895, as amended.
"An Act to establish and maintain a home for the disabled mothers,
wives, widows and daughters of disabled or deceased soldiers in the
State of Illinois, and to provide for the purchase and maintenance
thereof", approved June 13, 1895, as amended.
"An Act to establish and maintain a Soldiers' and Sailors' Home in
the State of Illinois, and making an appropriation for the purchase of
land and the construction of the necessary buildings", approved June 26,
1885, as amended.
"An Act in relation to the disposal of certain funds and property
which now are or hereafter may be in the custody of the managing officer
of the Illinois Soldiers' and Sailors' Home at Quincy", approved June
24, 1921.
"An Act in relation to the establishment in the Department of Public
Welfare of a Division to be known as the Institute for Juvenile Research
and to define its powers and duties", approved July 16, 1941.
"An Act to provide for the establishment, maintenance and operation
of the Southern Illinois Children's Service Center", approved August 2,
1951.
"An Act to change the name of the Illinois Charitable Eye and Ear
Infirmary", approved June 27, 1923.
"An Act to establish and provide for the conduct of an institution
for the care and custody of persons of unsound or feeble mind, to be
known as the Illinois Security Hospital, and to designate the classes of
persons to be confined therein", approved June 30, 1933, as amended.
Sections one through 27 and Sections 29 through 34 of "An Act to
revise the laws relating to charities", approved June 11, 1912, as
amended.
"An Act creating a Division of Alcoholism in the Department of Public
Welfare, defining its rights, powers and duties, and making an
appropriation therefor", approved July 5, 1957.
"An Act to establish in the Department of Public Welfare a
Psychiatric Training and Research Authority", approved July 14, 1955.
"An Act creating the Advisory Board on Mental Retardation in the
Department of Public Welfare, defining its powers and duties and making
an appropriation therefor", approved July 17, 1959.
"An Act to provide for the construction, equipment, and operation of
a psychiatric institute state hospital to promote and advance knowledge,
through research, in the causes and treatment of mental illness; to
train competent psychiatric personnel available for service in the state
hospitals and elsewhere; and to contribute to meeting the need for
treatment for mentally ill patients", approved June 30, 1953, as
amended.
"An Act in relation to the disposal of certain funds and property
paid to, or received by, the officials of the State institutions under
the direction and supervision of the Department of Public Welfare",
approved June 10, 1929.
"An Act to require professional persons having patients with major
visual limitations to report information regarding such cases to the
Department of Public Welfare and to authorize the Department to inform
such patients of services and training available," approved July 5,
1957.
Sections 3, 4, 5, 5a, 6, 22, 24, 25, 26 of "An Act to regulate the
state charitable institutions and the state reform school, and to
improve their organization and increase their efficiency," approved
April 15, 1875.
(Source: Laws 1961, p. 2666.)
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(20 ILCS 1705/45.5)
Sec. 45.5.
Eligibility for consideration for participation.
Notwithstanding any provision
in this Act
or rules promulgated under this Act
to the contrary, unless expressly prohibited by federal law or
regulation, all individuals, corporations, or other entities that provide
mental health services, whether organized as a for‑profit or not‑for‑profit
entity, shall be eligible
for consideration by the Department
to participate in any program funded or administered
by the Department.
This Section shall not apply to the receipt of federal funds administered
and transferred by the Department for services when the federal government has
specifically provided that those funds may be received only by those entities
organized as not‑for‑profit entities.
(Source: P.A. 89‑392, eff. 8‑20‑95.)
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(20 ILCS 1705/46) (from Ch. 91 1/2, par. 100‑46)
Sec. 46.
Separation between the sexes shall be maintained relative to
sleeping quarters in each facility under the jurisdiction of the Department,
except in relation to quarters for mentally retarded children under age 6
and quarters for severely‑profoundly mentally retarded persons and
nonambulatory mentally retarded persons, regardless of age.
(Source: P.A. 85‑971.)
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(20 ILCS 1705/47) (from Ch. 91 1/2, par. 100‑47)
Sec. 47.
The facility director of each facility under the jurisdiction of the
Department shall develop and implement written policies and procedures to
insure that employees and visitors are properly identified at all times
they are on the grounds of the facility. Proper identification or other
specified credentials shall be required for all persons, including
employees, entering and exiting grounds of any mental health facility. The
Secretary of the Department may establish uniform procedures
for
identification pursuant to the provisions of this Section that shall apply
to all facilities under the jurisdiction of the Department.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/48) (from Ch. 91 1/2, par. 100‑48)
Sec. 48.
(Repealed).
(Source: P.A. 89‑507, eff. 7‑1‑97. Repealed by P.A. 92‑218, eff. 1‑1‑02.)
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(20 ILCS 1705/48.1) (from Ch. 91 1/2, par. 100‑48.1)
Sec. 48.1.
The Governor's Planning Council on Developmental
Disabilities shall plan using the definition of developmental disabilities
found in the federal Developmental Disabilities Assistance and Bill of
Rights Act (Public Law 95‑602), as amended. For current planning purposes,
developmental disabilities is defined as a severe, chronic disability of a person which:
(a) is attributable to a mental or physical impairment or combination of
mental and physical impairments;
(b) is manifested before the person attains age 22;
(c) is likely to continue indefinitely;
(d) results in substantial functional limitations in 3 or more of the
following areas of major life activity: self care, receptive and expressive
language, learning, mobility, self‑direction, capacity for independent
living and economic self‑sufficiency; and
(e) reflects the person's need for a combination and sequence of special
interdisciplinary or generic care, treatment or other services which are of
lifelong or extended duration and are individually planned and coordinated.
(Source: P.A. 84‑1367.)
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(20 ILCS 1705/50) (from Ch. 91 1/2, par. 100‑50)
Sec. 50.
(Repealed).
(Source: P.A. 86‑922. Repealed by P.A. 92‑218, eff. 1‑1‑02.)
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(20 ILCS 1705/52) (from Ch. 91 1/2, par. 100‑52)
Sec. 52.
(Repealed).
(Source: P.A. 92‑111, eff. 1‑1‑02. Repealed by P.A. 92‑218, eff. 1‑1‑02.)
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(20 ILCS 1705/53) (from Ch. 91 1/2, par. 100‑53)
Sec. 53.
The Department shall create a consistent case coordination system
for persons with a developmental disability who receive services provided or
funded by the Department. The objectives of this system shall be to ensure that
a full range of an individual's needs is identified and assessed through
statewide use of an individual client assessment tool; to ensure that each
individual actually receives, in the most effective and efficient combination
and sequence, the full range and continuum of services needed; to ensure that
all available resources are applied appropriately to each individual served;
and to provide a systematic procedure for serving individuals which generates
among and within the local service delivery agencies information required for
effective system management.
"Case coordination" means a mechanism for linking and coordinating segments
of the service delivery system to ensure the most comprehensive program
for meeting an individual client's needs. It facilitates client movement
through an array of services so that at any given time, services received are
matched to the needs of the individual.
(Source: P.A. 88‑380.)
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(20 ILCS 1705/54) (from Ch. 91 1/2, par. 100‑54)
Sec. 54.
Establishment of rates for purchase of services.
(a) It is the purpose of this Section to establish procedures
for the development, calculation, and communication of rates promulgated
by the Department for the
purchase of services for persons with a developmental disability, and persons
with mental illness; to require the promulgation of rules which specify the
treatment of costs for purposes of establishing rates for various purchase
care program categories; to require that rates be equitable, understandable,
and established through an open, public process; and to require the delineation
of where purchase care, grant‑in‑aid, and other payment mechanisms are most
appropriately utilized. The Department's rate‑setting policy should stimulate
the development of cost effective, clinically appropriate, community‑based
residential, and other support services for recipients according to an
annual
statement of purchase care goals and objectives.
(b) The Department shall establish rates in all instances where services
are purchased by the Department for a specific recipient from a specific
community service provider for which the Department has the responsibility
for establishing payment rates. When determining rates, the Department shall
take into consideration differences in the costs of doing business among the
various geographic regions of the State and shall set rates that reflect those
differences. The Department may, for various program
categories, adopt rates that are set by other State agencies.
(c) The Department shall perform the following duties:
(1) Develop rate‑setting methodologies for purchase | ||
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(2) Promulgate rules and regulations governing | ||
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(3) Collect cost and performance information from | ||
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(4) Calculate purchase of care reimbursement rates | ||
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(5) Negotiate and implement purchase of care | ||
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(6) Develop an annual statement of purchase care | ||
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(7) Conduct an annual review and prepare an annual | ||
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(8) Establish and promulgate a process and criteria | ||
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(9) Develop and promulgate standards and criteria by | ||
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(10) Set rates based on published methodologies and | ||
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(11) Establish and promulgate a policy regarding | ||
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(12) Develop criteria for selection of payment | ||
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(d) The Department may investigate and employ alternative rate setting
approaches and engage in demonstration projects. These approaches
must be
publicly articulated by the Department, identifying the purpose and scope
of the alternative approach and evaluation to be conducted.
(e) (Blank).
(Source: P.A. 89‑58, eff. 1‑1‑96; 89‑507, eff. 7‑1‑97; 90‑423, eff.
8‑15‑97.)
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(20 ILCS 1705/55) (from Ch. 91 1/2, par. 100‑55)
Sec. 55.
(Repealed).
(Source: P.A. 90‑372, eff. 7‑1‑98. Repealed internally, eff. 7‑1‑98.)
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(20 ILCS 1705/56) (from Ch. 91 1/2, par. 100‑56)
Sec. 56.
The Secretary, upon making a determination based
upon information in the possession of the Department, that
continuation in practice of a licensed health care professional would
constitute an immediate danger to the public, shall submit a written
communication to the Director of Professional Regulation indicating such
determination and additionally providing a complete summary of the
information upon which such determination is based, and recommending that
the Director of Professional Regulation immediately suspend such person's
license. All relevant evidence, or copies thereof, in the Department's
possession may also be submitted in conjunction with the written
communication. A copy of such written communication, which is exempt from
the copying and inspection provisions of the Freedom of Information Act,
shall at the time of submittal to the Director of Professional Regulation
be simultaneously mailed to the last known business address of such
licensed health care professional by certified or registered postage,
United States Mail, return receipt requested. Any evidence, or copies
thereof, which is submitted in conjunction with the written communication
is also exempt from the copying and inspection provisions of the Freedom of
Information Act.
For the purposes of this Section, "licensed health care professional"
means any person licensed under the Illinois Dental Practice Act, the Nursing
and Advanced Practice Nursing Act, the Medical Practice Act of 1987, the
Pharmacy Practice Act of 1987, the Podiatric Medical Practice Act of
1987, and the Illinois Optometric Practice Act of 1987.
(Source: P.A. 89‑507, eff. 7‑1‑97; 90‑742, eff. 8‑13‑98.)
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(20 ILCS 1705/57) (from Ch. 91 1/2, par. 100‑57)
Sec. 57.
The Department of Human Services shall periodically convene a special task force of representatives of the various State agencies with related programs and services together with other interested parties and stakeholders to study and assess service needs of persons with autism. The Secretary of Human Services shall submit a report of the task force's findings and recommendations and the Secretary's priorities to the Governor and the General Assembly by September 1, 2005. The Secretary shall provide annual progress reports to the Governor and the General Assembly by January 1 of each year, beginning on January 1, 2006. The reports shall include an analysis of progress made
in the following areas:
a. Early intervention services for children with autism and their parents;
b. Enhancement of family support mechanisms to enable persons with
autism to remain in a home‑based or community environment in the least‑restrictive setting possible, including progress on the implementation of plans to provide assistance to individuals and families; the plan shall include, but not be limited to, (i) identification of the services required, (ii) the availability of services, especially those within the home community of the person with autism, (iii) the number of persons requiring the services, (iv) the cost of the services, (v) the capacity of the person with autism and his or her family to independently provide the services and the extent to which the State may support the individual and family effort, (vi) the extent of existing and planned State support, (vii) the availability and utilization of federal financial participation in the cost of services, and (viii) the outcomes and impact of services being provided;
c. Services for adequate transition for people with autism from public
school programs to adult work and day programs; and
d. Plans, programs, and services under the Disabilities Services Act of 2003.
The Department of Human Services and the Department of Public Aid shall determine the availability of federal financial participation in the cost of developing a family support program, which would include medical assistance coverage for children diagnosed with autism who would otherwise qualify for medical assistance under the Illinois Public Aid Code except for family income. The program would include services to support persons with autism in their homes and communities that are not provided through local school systems, early intervention programs, or the medical assistance program under the Illinois Public Aid Code. The departments shall determine the feasibility of obtaining federal financial participation and may apply for any applicable waiver under Section 1915(c) of the federal Social Security Act.
For the purpose of this service needs review, autism means a severely
incapacitating life‑long developmental disability which:
a. may be manifested before a person is 30 months of age,
b. may be caused by physical disorders of the brain, and
c. is characterized by uneven intellectual development and a combination
of disturbances in the rates and sequences of cognitive, affective,
psychomotor, language and speech development. This syndrome is further
evidenced by abnormal responses to sensory stimuli, problems in developing
social relationships, and ritualistic and compulsive behavior.
(Source: P.A. 93‑773, eff. 7‑21‑04.)
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(20 ILCS 1705/57.5)
Sec. 57.5.
Autism diagnosis education program.
(a) Subject to appropriations, the Department shall contract to establish an
autism
diagnosis
education program for young children. The Department
shall
establish the program at 3 different sites in the State. The program shall have
the
following goals:
(1) Providing, to medical professionals and others | ||
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(2) Educating medical practitioners, school | ||
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(3) Supporting systems of care for young children | ||
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(4) Working together with universities and | ||
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(5) Encouraging and supporting research on optional | ||
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(b) Before January 1, 2006, the Department shall report to the Governor and
the
General Assembly concerning the progress of the autism diagnosis education
program
established under this Section.
(Source: P.A. 93‑395, eff. 7‑29‑03.)
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(20 ILCS 1705/58) (from Ch. 91 1/2, par. 100‑58)
Sec. 58.
(Repealed).
(Source: P.A. 85‑1209. Repealed by P.A. 92‑111, eff. 1‑1‑02.)
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(20 ILCS 1705/59) (from Ch. 91 1/2, par. 100‑59)
Sec. 59.
The Department may create a Family Assistance and Support
Program to assist families in providing care at home for persons of any age
with a severe or profound developmental disability, to prevent or delay the
institutionalization of such persons or to permit the return of such
persons from facilities to their families. As used in this Section,
"families" includes foster families. The program may provide
reimbursement for services or other need as specified in this Section only
if payment or reimbursement for such services is not available through
insurance or any other State or federal program. The Department may
require documentation, where deemed appropriate by the Department, that
other sources of payment or reimbursement are not available. Reimbursement
is available under the program for special adaptive equipment, minor
structural modifications to a residence or vehicle, adaptive clothing,
medications, special dietary needs, and transportation to special services.
The Department may also provide reimbursement for any other unusual
expenses necessary for the maintenance of a person with a severe or profound
developmental disability at home. Reimbursement to any family in any year
under the program shall not exceed $2,500, except when the limit
is waived by the Department in cases of extraordinary need as determined by
the Department in accordance with rules adopted by the Department.
Expenditures shall be subject to available appropriations for this program.
The Department shall promulgate rules to implement and administer the
program and establish criteria to assure equitable distribution of funds
under this program throughout the State.
An interim report and evaluation of the program shall be submitted to the
General Assembly no later than June 30, 1988. A subsequent interim report and
evaluation of the program shall be submitted to the General Assembly no
later than January 1, 1989. The Governor's Planning Council on Developmental
Disabilities shall assist the Department in the evaluation of the program.
(Source: P.A. 88‑380.)
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(20 ILCS 1705/60) (from Ch. 91 1/2, par. 100‑60)
Sec. 60.
(Repealed).
(Source: P.A. 88‑380. Repealed by P.A. 89‑439, eff. 6‑1‑96.)
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(20 ILCS 1705/61) (from Ch. 91 1/2, par. 100‑61)
Sec. 61.
The Department
may establish and maintain a trust fund to be known as the "Interstate Services
Trust Fund". This trust fund shall be used for advancing money for travel
expenses in connection with the return of patients to other States and for
employees designated to accompany the patients. The trust fund shall be
reimbursed from any applicable appropriation for travel expenses of the
Department.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/62) (from Ch. 91 1/2, par. 100‑62)
Sec. 62.
The Department shall establish and implement, in conjunction
with the State Board of Education, a pilot program for the provision of
transitional, educational services to persons with a developmental disability
18 years of age or older who have completed public school programs.
(Source: P.A. 88‑380.)
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(20 ILCS 1705/63) (from Ch. 91 1/2, par. 100‑63)
Sec. 63.
Mental health pilot program.
(a) The Secretary is hereby authorized, from appropriations
made available
for purposes of this Section, to establish elderly mental health pilot
programs with an emphasis on deterring homelessness, institutionalization,
and premature death among elderly persons with mental illness. These shall be
coordinated with other programs for the aged administered by the Department
on Aging and area agencies on aging. The programs shall provide
community‑based mental health services including the following services
provided on an in‑home basis:
(1) Case management.
(2) Assessment.
(3) Counseling.
(4) Outreach.
(b) Additionally, other services may include, but are not limited
to, any or all of the following:
(1) Outpatient assessment and diagnostic services.
(2) Outpatient counseling.
(3) Crisis intervention.
(4) Money management.
(5) Medication monitoring.
(6) Psychiatric services.
(c) The Department shall establish eligibility standards for
these services taking into consideration the unique economic and social
needs of the target population for whom they are to be provided. The
target population identified for the purposes of this Act includes persons
60 years of age or older who:
(1) Are suffering an acute episode of mental illness.
(2) Are suffering from a mental disorder which has | ||
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(3) Have undergone psychiatric treatment or | ||
|
||
(4) Are exhibiting behavior that severely impacts on | ||
|
||
(d) The Department shall include a review of the progress of any
model program under this Act in its annual report to the Governor and the
General Assembly.
(Source: P.A. 88‑380; 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/64) (from Ch. 91 1/2, par. 100‑64)
Sec. 64.
Advisory Committee on Geriatric Services.
(a) The Department shall establish an Advisory Committee on
Geriatric Services to advise the Department on matters pertaining to the
mental health needs of the elderly population within the State. The
Secretary shall designate a person to serve as a liaison to
the Advisory Committee and to the public.
(b) The Committee shall consist of 13 members.
(c) The members shall be appointed by the Secretary, and
shall be representative of different geographical sections of the State and
Statewide organizations, so far as possible, representing
the limited English‑speaking elderly, the protective service interests of
vulnerable adults, the agencies providing case management services to the
elderly, and administrators of model projects
serving the mental health needs of the elderly through coordination of
service delivery systems. One member of the Committee shall be the
Director of the Department on Aging or his or her designee.
(d) The appointments of the Committee shall be for 2 year terms.
Members may serve more than one term. Vacancies among the members shall be
filled by the Director.
(e) The Committee shall provide for its organization and procedure
including the election of the Chairperson and such other officers as
deemed necessary.
(f) The members of the committee shall receive no compensation for their
services but shall be reimbursed by the Department for any ordinary and
necessary expenses incurred in the performance of their duties.
(g) The Committee shall have the following duties:
(1) To assess the mental health needs of the elderly | ||
|
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(2) To recommend treatment methods and programs that | ||
|
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(3) To provide consultation, technical assistance, | ||
|
||
(4) To promote awareness of geriatric mental health | ||
|
||
(5) To disseminate information on available | ||
|
||
(6) To provide adequate and effective opportunities | ||
|
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(h) For the purpose of this Section "geriatric" or "elderly population"
shall mean and include any persons who are 60 years of age or older.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 1705/65) (from Ch. 91 1/2, par. 100‑65)
Sec. 65.
(Repealed).
(Source: P.A. 89‑507, eff. 7‑1‑97. Repealed by P.A. 91‑798, eff. 7‑9‑00.)
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(20 ILCS 1705/66) (from Ch. 91 1/2, par. 100‑66)
Sec. 66.
Domestic abuse of disabled adults.
Pursuant to the
Abuse
of Adults with Disabilities
Intervention Act, the Department
shall
have the authority to provide developmental disability or mental health
services in state‑operated facilities or through Department supported community
agencies to eligible adults in substantiated cases of abuse, neglect or
exploitation on a priority basis and to waive current eligibility
requirements in an emergency pursuant to the Abuse of
Adults with Disabilities Intervention Act. This Section shall not be
interpreted to be in
conflict with standards for admission to residential facilities as provided
in the Mental Health and Developmental Disabilities Code.
(Source: P.A. 91‑671, eff. 7‑1‑00.)
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(20 ILCS 1705/67)
Sec. 67.
Transfers to community‑based residential settings.
(a) The Department may assist with the transfer of people residing in State
operated facilities to community‑based residential settings.
(b) Recipients in State facilities or their parents or guardians shall have
a choice regarding whether the recipient is transferred to a community‑based
setting or remains in a State operated facility.
(c) Recipients or, when authorized, their parents or guardians, after a
period of at least 6 months but not more than one year following a community
placement, may request the recipient be returned to a State operated facility.
(d) The Department shall consult with its medical advisory panel regarding
the transfer of people from state operated facilities to community‑based
residential settings.
(Source: P.A. 88‑388.)
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(20 ILCS 1705/68)
Sec. 68.
CHOICE demonstration program.
(a) The Department may establish a 2‑year supported employment demonstration
program entitled Consumers Have Options for Integrated Competitive Employment
(CHOICE). The purpose of CHOICE is to increase opportunities for employment of
persons with disabilities by allowing consumers to decide for themselves what
their job goals are, what services and supports they need to reach these goals,
and where they will obtain them.
(b) A person with a developmental disability who is not already in supported
employment is eligible to apply for assistance under CHOICE. To be considered
eligible the individual must: (i) be able to advocate for himself or herself
or have a capable advocate; (ii) have a job opportunity that he or she is
unable to accept without specific services or supports; (iii) have a job that
may be lost without particular services or supports; or (iv) have a job but
need services or supports to achieve advancement.
(c) An individual selected to participate in the CHOICE demonstration
program must complete an individual plan of services and supports in a manner
as prescribed. The plan shall identify the individual's employment barriers
and employment goals, detail monthly and one‑time expenses, and constitute an
agreement between the participant and the CHOICE demonstration program
regarding their mutual responsibilities.
(d) Supports and services fundable by the CHOICE program include those that
will make employment possible and are not being obtained through another
funding source. The following supports or services are fundable: case
management, transportation, readers and interpreters, medical and adaptive
devices, benefits counseling, job coaching, and attendant care. The program
shall be designed to allow creativity and flexibility in the process of
developing solutions to employment barriers.
(e) CHOICE participants shall provide employment information to the
Department in a manner and form as prescribed by the Department for the purpose
of determining how effective CHOICE is in helping them reach their employment
goals. The Department shall report to the General Assembly on the
implementation of this program no later than May 1, 1996 and again on May 1,
1997. The Department shall include in its report the number of CHOICE
participants, the types of supports and services funded, the costs of the
program, and its recommendations for development of new ways for persons with
disabilities to achieve competitive employment and increased independence.
(f) Funding for this demonstration program shall be from appropriations to
the Department, or the Department may seek funding for this program from the
Illinois Planning Council on Developmental Disabilities.
(Source: P.A. 89‑67, eff. 6‑30‑95.)
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(20 ILCS 1705/69)
Sec. 69.
Joint planning by the Department of Human Services and the
Department of Children and Family Services. The purpose of this Section is to
mandate that joint planning occur between the Department of Children and Family
Services and the Department of Human Services to ensure that the 2 agencies
coordinate their activities and effectively work together to provide wards with
developmental disabilities for whom the Department of Children and Family
Services is legally responsible a smooth transition to adult living upon
reaching the age of 21. The Department of Children and Family Services and the
Department of Human Services shall execute an interagency agreement by January
1, 1998 that outlines the terms of the coordination process. The Departments
shall consult with private providers of services to children in formulating the
interagency agreement.
(Source: P.A. 90‑512, eff. 8‑22‑97; 90‑655, eff. 7‑30‑98.)
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(20 ILCS 1705/70)
Sec. 70.
Monitoring by closed circuit television.
The
Department of Human Services as successor to the Department of Mental Health
and Developmental Disabilities may install closed circuit televisions in quiet
rooms in institutions supervised or operated by the Department to monitor
patients in those quiet rooms. Nothing in this Section shall be construed to
supersede or interfere with any current provisions in the Mental Health and
Developmental Disabilities Code concerning the observation and monitoring of
patients.
(Source: P.A. 90‑444, eff. 8‑16‑97; 90‑655, eff. 7‑30‑98.)
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(20 ILCS 1705/71)
Sec. 71.
Disease management pilot program.
The Department shall establish
a 3‑year
pilot program to institute disease management guidelines for the provision of
behavioral health care services to persons who receive health
care services supported in whole or in part by State or federal funding.
To implement the pilot program, the Department shall contract with a single
community‑based, not‑for‑profit provider of a comprehensive array of both
mental health
and chemical dependency services located in Peoria County. The program shall
develop a disease management
approach that uses research‑based best practice guidelines to achieve the
desired outcomes with the most efficient use of resources.
(Source: P.A. 91‑455, eff. 08‑06‑99.)
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