There is a newer version of the Illinois Compiled Statutes
2012 Illinois Compiled Statutes
Chapter 20 - EXECUTIVE BRANCH
Act 20 ILCS 1705/ - Mental Health and Developmental Disabilities Administrative Act.
| ||
(2) References in this Act to the Department's | ||
| ||
(3) References in this Act to employees of the | ||
| ||
(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.) |
| ||
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 | ||
| ||
The Jacksonville Developmental Center, at | ||
| ||
The Governor Samuel H. Shapiro Developmental Center, | ||
| ||
The Tinley Park Mental Health Center, at Tinley Park The Warren G. Murray Developmental Center, at | ||
| ||
The Jack Mabley Developmental Center, at Dixon The Lincoln Developmental Center, at Lincoln The H. Douglas Singer Mental Health and Developmental | ||
| ||
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 | ||
| ||
The Adolf Meyer Mental Health Center, at Decatur The William W. Fox Developmental Center, at Dwight The Elisabeth Ludeman Developmental Center, at Park | ||
| ||
The William A. Howe Developmental Center, at Tinley | ||
| ||
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. (b-5) The Department shall cause each of the facilities under its jurisdiction that provide in-patient care to comply with Section 6.25 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. 96-389, eff. 1-1-10.) |
| ||
(3) Counseling and therapy; (4) Assessment and psychosocial rehabilitation of | ||
| ||
(5) Recipient education regarding his or her illness | ||
| ||
(6) Discharge planning and linkage with community | ||
| ||
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 | ||
| ||
(3) Bed capacity and facility model of unit | ||
| ||
(4) Specific program, treatment, habilitation and | ||
| ||
(5) Integration with community agencies and methods | ||
| ||
(6) Accreditation, certification, and licensure | ||
| ||
(7) Staffing levels and qualifications; and (8) Identification of recipient groups for which an | ||
| ||
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.) |
| ||
(2) Determine facility compliance with audit | ||
| ||
(3) Evaluate facility compliance with applicable | ||
| ||
(4) Review and follow up on complaints made by | ||
| ||
(5) Review administrative and management problems | ||
| ||
(6) Identify and prevent abuse and neglect. (Source: P.A. 95-427, eff. 1-1-08.) |
| ||
(2) design of a system to integrate additional | ||
| ||
(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.) |
| ||
(b) Any male person who is charged with the | ||
| ||
(c) Any male person with mental illness or | ||
| ||
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.) |
| ||
(b) requires further oversight and supervisory care | ||
| ||
(c) requires further personal care or general | ||
| ||
(d) requires community mental health services for | ||
| ||
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 intellectual disabilities, 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 ID/DD Community Care Act or the Specialized Mental Health Rehabilitation 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. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.) |
| ||
(A) An assessment of the individual's health | ||
| ||
(B) An evaluation of the medications prescribed. (2) Non-licensed authorized direct care staff shall | ||
| ||
(A) Be 18 years of age or older. (B) Have completed high school or its equivalent | ||
| ||
(C) Have demonstrated functional literacy. (D) Have satisfactorily completed the Health and | ||
| ||
(E) Have successfully completed the training | ||
| ||
(F) Have received additional competency-based | ||
| ||
(3) Authorized direct care staff shall be | ||
| ||
(4) Authorization of direct care staff to administer | ||
| ||
(5) The registered professional nurse shall assess | ||
| ||
(d) Medication self-administration shall meet the following requirements: (1) As part of the normalization process, in order | ||
| ||
(A) Every program shall adopt written policies | ||
| ||
(B) Individuals shall be evaluated to determine | ||
| ||
(C) When the results of the screening and | ||
| ||
(2) Each individual shall be presumed to be | ||
| ||
(A) authorized by an order of a physician | ||
| ||
(B) approved to self-administer medication by | ||
| ||
(e) Quality Assurance. (1) A registered professional nurse, advanced | ||
| ||
(A) Medication orders. (B) Medication labels, including medications | ||
| ||
(C) Medication administration records for | ||
| ||
(i) medication administered as prescribed; (ii) refusal by the individual; and (iii) full signatures provided for all | ||
| ||
(2) Reviews shall occur at least quarterly, but may | ||
| ||
(3) A quality assurance review of medication errors | ||
| ||
(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.) |
| ||
(2) Two members of the House of Representatives | ||
| ||
(3) One representative of the Division of Mental | ||
| ||
(4) One representative of the Department of | ||
| ||
(5) One representative of the Bureau of Long Term | ||
| ||
(6) One representative of the Illinois Children's | ||
| ||
(7) Six representatives of the mental health | ||
| ||
(8) Three representatives of the consumer community | ||
| ||
(9) An individual from a union representing State | ||
| ||
(10) One academic specialist in mental health | ||
| ||
(d) Duty. The Task Force shall meet with the Office of the Governor and the appropriate legislative committees on mental health to develop a 5-year comprehensive strategic plan for the State's mental health services. The plan shall address the following topics: (1) Provide sufficient home and community-based | ||
| ||
(2) Improve access to care. (3) Reduce regulatory redundancy. (4) Maintain financial viability for providers in a | ||
| ||
(5) Ensure care is effective, efficient, and | ||
| ||
(6) Ensure quality of care in all care settings via | ||
| ||
(7) Ensure hospitalizations and institutional care, | ||
| ||
(e) The Task Force shall work in conjunction with the Department of Human Services' Division of Developmental Disabilities to ensure effective treatment for those dually diagnosed with both mental illness and developmental disabilities. The Task Force shall also work in conjunction with the Department of Human Services' Division of Alcohol and Substance Abuse to ensure effective treatment for those who are dually diagnosed with both mental illness as well as substance abuse challenges. (f) Compensation. Members of the Task Force shall not receive compensation nor reimbursement for necessary expenses incurred in performing the duties associated with the Task Force. (g) Reporting. The Task Force shall present its plan to the Governor and the General Assembly no later than 18 months after the effective date of the amendatory Act of the 97th General Assembly. With its approval and authorization, and subject to appropriation, the Task Force shall convene quarterly meetings during the implementation of the 5-year strategic plan to monitor progress, review outcomes, and make ongoing recommendations. These ongoing recommendations shall be presented to the Governor and the General Assembly for feedback, suggestions, support, and approval. Within one year after recommendations are presented to the Governor and the General Assembly, the General Assembly shall vote on whether the recommendations should become law. (h) Administrative support. The Department of Human Services shall provide administrative and staff support to the Task Force. (i) This Section is repealed on December 31, 2019. (Source: P.A. 97-438, eff. 8-18-11.) |
| ||
2. have completed 4 years of high school education; 3. possess such qualities and attributes as the | ||
| ||
4. sign an agreement to serve as an employee of the | ||
| ||
5. sign a promissory note agreeing to repay the | ||
| ||
6. agree in writing to such other terms and | ||
| ||
(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 | ||
| ||
2. for school expenses, not to exceed 80% of the cost | ||
| ||
(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.) |
| ||
(3) Group process and group dynamics; (4) Diagnosis, management, treatment and discharge | ||
| ||
(5) Psychotherapeutic and psychopharmacological | ||
| ||
(6) Community resources; (7) Specialized skills for: long-term treatment, | ||
| ||
(8) The Mental Health and Developmental Disabilities | ||
| ||
(9) The Mental Health and Developmental Disabilities | ||
| ||
(10) Physical intervention techniques; (11) Aggression management; (12) Cardiopulmonary resuscitation; (13) Social assessment training; (14) Suicide prevention and intervention; (15) Tardive dyskinesia; (16) Fire safety; (17) Acquired immunodeficiency syndrome (AIDS); (18) Toxic substances; (19) The detection and reporting of suspected | ||
| ||
(20) Methods of avoiding or reducing injuries in | ||
| ||
(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. 95-331, eff. 8-21-07.) |
| ||
(2) Promulgate rules and regulations governing | ||
| ||
(3) Collect cost and performance information from | ||
| ||
(4) Calculate purchase of care reimbursement rates | ||
| ||
(5) Negotiate and implement purchase of care | ||
| ||
(6) Develop an annual statement of purchase care | ||
| ||
(7) Conduct an annual review and prepare an annual | ||
| ||
(8) Establish and promulgate a process and criteria | ||
| ||
(9) Develop and promulgate standards and criteria by | ||
| ||
(10) Set rates based on published methodologies and | ||
| ||
(11) Establish and promulgate a policy regarding | ||
| ||
(12) Develop criteria for selection of payment | ||
| ||
(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.) |
| ||
(2) In order to qualify for reimbursement under | ||
| ||
(3) Reimbursement shall be based on the amount of | ||
| ||
(4) Any community service provider is eligible to | ||
| ||
(c) Audit. Reimbursement under this Section is subject to audit by the Department and shall be reduced or eliminated in the case of any provider that does not honor its commitment to increase spending to improve the wages and benefits of its employees or that decreases such spending. (Source: P.A. 96-1124, eff. 7-20-10.) |
| ||
(2) Educating medical practitioners, school | ||
| ||
(3) Supporting systems of care for young children | ||
| ||
(4) Working together with universities and | ||
| ||
(5) Encouraging and supporting research on optional | ||
| ||
In addition to the aforementioned items, on January 1, 2008, The Autism Program shall expand training and direct services by deploying additional regional centers, outreach centers, and community planning and network development initiatives. The expanded Autism Program Service Network shall consist of a comprehensive program of outreach and center development utilizing model programs developed by The Autism Program. This expansion shall span Illinois and support consensus building, outreach, and service provision for children with autism spectrums disorders and their families. (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. 95-707, eff. 1-11-08.) |
| ||
(3) Have undergone psychiatric treatment or intensive | ||
| ||
(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.) |
| ||
(2) To recommend treatment methods and programs that | ||
| ||
(3) To provide consultation, technical assistance, | ||
| ||
(4) To promote awareness of geriatric mental health | ||
| ||
(5) To disseminate information on available geriatric | ||
| ||
(6) To provide adequate and effective opportunities | ||
| ||
(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.) |
| ||
(2) Promote the co-location of primary and behavioral | ||
| ||
(3) Promote access to necessary behavioral health | ||
| ||
(4) Promote continuity of care for persons moving | ||
| ||
(5) Promote continuity of care for persons not yet | ||
| ||
(6) Work toward improving access in Illinois' | ||
| ||
(b) The Department shall designate certain community behavioral health care providers as essential community behavioral health care providers. To qualify for the designation an organization must be a not-for-profit organization under the Internal Revenue Code or a governmental entity that: (1) Demonstrates a commitment to serving low-income | ||
| ||
(2) Provides outcome-based community behavioral | ||
| ||
(3) Does not restrict access or services because of a | ||
| ||
(4) Is a community behavioral health care provider | ||
| ||
An organization that is licensed or certified by the Department may apply to the Department for designation as an essential community behavioral health care provider. The Department, through administrative rule, shall describe the standards and process of designating an essential community behavioral health care provider, establishing the community to be served, other criteria for selection, and grounds for termination. (c) An organization designated as an essential community behavioral health care provider under subsection (b) and all members of the care treatment and service staff of the essential community behavioral health care provider shall agree to serve enrollees of all health insurers or health care service contractors operating in the area that the designated essential community behavioral health care provider serves. Health insurers shall include State programs funded under Title XIX and Title XXI of the federal Social Security Act, including the State's Medicaid program and the Covering ALL KIDS Health Insurance Program; other programs funded by the Department of Healthcare and Family Services for non-public employees; and programs for both the insured and uninsured funded by the Department of Human Services. (d) An essential community behavioral health care provider shall be compensated on a fee-for-service basis within a global budget or within a risk-based incentive contract in accordance with the contracts and standards of the respective payors. Staff members and other health care providers in the service area of the designated essential community behavioral health care provider shall not be restricted from providing care, treatment, or services through affiliation with any other health insurer or health care service contractor. (e) A designation of a community behavioral health care provider as an essential community behavioral health care provider shall end 5 years after the date the designation is granted. The Department, however, may terminate the designation for cause before the end of the 5-year period if the essential community behavioral health care provider fails to comply with the eligibility standards set forth in subsection (b). A designated essential community behavioral health care provider may reapply for designation 6 months prior to the designation ending and shall provide documented evidence that the provider continues to meet all criteria for designation. If the essential community behavioral health care provider continues to meet all criteria for designation, the Department shall continue the designation for an additional 5-year period. (Source: P.A. 97-166, eff. 7-22-11.) |
| ||
(A) The number of persons who have been moved | ||
| ||
(B) Any implementation or compliance reports | ||
| ||
(C) Any reports from the court-appointed monitor | ||
| ||
(D) Statistics reflecting the number and types of | ||
| ||
(E) Any additional community-based services which | ||
| ||
(F) Any and all costs associated with | ||
| ||
(2) The requirement for reporting to the General | ||
| ||
(b) Department rule. The Department of Human Services shall draft and promulgate a new rule governing community-based residential settings. The new rule for community-based residential settings shall include settings that offer to persons with serious mental illness (i) community-based residential recovery-oriented mental health care, treatment, and services; and (ii) community-based residential mental health and co-occurring substance use disorder care, treatment, and services. Community-based residential settings shall honor a consumer's choice as well as a consumer's right to live in the: (1) Least restrictive environment. (2) Most appropriate integrated setting. (3) Least restrictive environment and most | ||
| ||
(4) Least restrictive environment and most | ||
| ||
The new rule for community-based residential settings shall be drafted in such a manner as to delineate State-supported care, treatment, and services appropriately governed within the new rule, and shall continue eligibility for eligible individuals in programs governed by Title 59, Part 132 of the Illinois Administrative Code. The Department shall draft a new rule for community-based residential settings by January 1, 2012. The new rule must include, but shall not be limited to, standards for: (i) Administrative requirements. (ii) Monitoring, review, and reporting. (iii) Certification requirements. (iv) Life safety. (c) Study of housing and residential services. By no later than October 1, 2011, the Department shall conduct a statewide study to assess the existing types of community-based housing and residential services currently being provided to individuals with mental illnesses in Illinois. This study shall include State-funded and federally funded housing and residential services. The results of this study shall be used to inform the rulemaking process outlined in subsection (b). (Source: P.A. 97-529, eff. 8-23-11; 97-813, eff. 7-13-12.) |
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.