97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5677
 
Introduced 2/16/2012, by Rep. Jim Watson
 
SYNOPSIS AS INTRODUCED:
 

 
405 ILCS 30/4.6

     Amends the Community Services Act.  Provides that within 6 months after the closure of a State-operated mental health or developmental disabilities facility and one year after the closure of that facility, the Department of Human Services shall submit a report to the General Assembly that describes: (1) the venue of care for the former residents or persons served by the facility; (2)  costs to the Department as a result of new venues of care; (3)  cost savings or increases to former residents as a result of the  facility closure; and (4)  the injuries or deaths to former residents after closure.  Effective immediately.
  


LRB097 19294 RLC 66003 b

 
 
A BILL FOR
 

  
HB5677LRB097 19294 RLC 66003 b


  
1    AN ACT concerning mental health.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Community Services Act is amended  by 
5changing Section 4.6 as follows:
 
6    (405 ILCS 30/4.6)
7    Sec. 4.6. Closure and sale of State mental health or 
8developmental disabilities facility.
9    (a) Whenever a State mental health facility operated by the 
10Department of Human Services is closed and the real estate on 
11which the facility is located is sold by the State, then, to 
12the extent that net proceeds are realized from the sale of that 
13real estate, those net proceeds must be directed toward 
14providing
other services and supports for persons with mental 
15health needs. To that end, those net proceeds shall be 
16deposited into the Community Mental Health Medicaid Trust Fund.
17    (b) Whenever a State developmental disabilities facility 
18operated by the Department of Human Services is closed and the 
19real estate on which the facility is located is sold by the 
20State, then, to the extent that net proceeds are realized from 
21the sale of that real estate, those net proceeds must be 
22directed toward providing
other services and supports for 
23persons with developmental disabilities needs. To that end, 
 
 
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1those  net proceeds shall be deposited into the Community 
2Developmental Disability Services Medicaid Trust Fund.
3    (c) In determining whether any net proceeds are realized 
4from a sale of real estate described in subsection (a) or (b), 
5the Division of Developmental Disabilities and the Division of 
6Mental Health of the Department of Human Services shall each 
7determine the money, if any, that shall be made available to 
8ensure that life, safety, and care concerns, including 
9infrastructure, are addressed so as to provide for persons with 
10developmental disabilities or mental illness at the remaining 
11respective State-operated facilities that will be expected to 
12serve the individuals previously served at the closed facility.
13    (d) The purposes for which the net proceeds from a sale of 
14real estate as provided in this Section may be used include, 
15but are not limited to, the following:
16        (1) Providing for individuals with developmental 
17    disabilities and mental health needs the services and 
18    supports described in subsection (e) of Section 4.4.
19        (2) In the case of the closure of a mental health 
20    facility, the construction of a new facility to serve the 
21    needs of persons with mental health needs.
22        (3) In the case of the closure of a developmental 
23    disabilities facility, construction of a new facility to 
24    serve the needs of persons with developmental disabilities 
25    needs. 
26    (e) Whenever any net proceeds are realized from a sale of 
 
 
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1real estate as provided in this Section, the Department of 
2Human Services shall share and discuss its plan or plans for 
3using those net proceeds with advocates, advocacy 
4organizations, and advisory groups whose
mission
includes 
5advocacy for persons with developmental disabilities or 
6persons with
mental
illness.

7    (f)  Within 6 months after the closure of a State-operated 
8mental health or developmental disabilities facility and one 
9year after the closure of that facility, the Department of 
10Human Services shall submit a report to the General Assembly 
11that describes:
12        (1) the venue of care for the former residents or 
13    persons served by the facility;
14        (2)  costs to the Department as a result of new venues 
15    of care;
16        (3)  cost savings or increases to former residents as a 
17    result of the  facility closure; and
18        (4)  the injuries or deaths to former residents after 
19    closure. 
20(Source: P.A. 96-660, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
 
21    Section 99. Effective date. This Act takes effect upon 
22becoming law.