HB2936 97TH GENERAL ASSEMBLY

LRB097 02907 KTG 43126 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2936

Introduced 2/23/2011___________, by

SYNOPSIS AS INTRODUCED:

405 ILCS 5/3-811	from Ch. 91 1/2, par. 3-811
405 ILCS 5/3-909	from Ch. 91 1/2, par. 3-909

Amends the Mental Health and Developmental Disabilities Code. Provides that a transferring facility remains subject to the federal Emergency Medical Transport and Active Labor Act (EMTALA) when implementing a court order for the involuntary admission of a person on an inpatient basis or a court order for the transfer of a mental health patient to an alternative facility or program of alternative treatment. Requires a transferring facility to satisfy certain duties prior to implementing the order and in addition to those duties provided under the EMTALA. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Mental Health and Developmental Disabilities Code is amended by changing Sections 3-811 and 3-909 as follows:

(405 ILCS 5/3-811) (from Ch. 91 1/2, par. 3-811)

Sec. 3-811. Involuntary admission; alternative mental health facilities.

(a) If any person is found subject to involuntary admission on an inpatient basis, the court shall consider alternative mental health facilities which are appropriate for and available to the respondent, including but not limited to hospitalization. The court may order the respondent to undergo a program of hospitalization in a mental health facility designated by the Department, in a licensed private hospital or private mental health facility if it agrees, or in a facility of the United States Veterans Administration if it agrees. If any person is found subject to involuntary admission on an outpatient basis, the court may order the respondent to undergo a program of alternative treatment; or the court may place the respondent in the care and custody of a relative or other person willing and able to properly care for him or her. The court shall order the least restrictive alternative for treatment which is appropriate.

(b) Whenever a person is found subject to involuntary admission on an inpatient or outpatient basis, notice shall be provided to the petitioner, orally and in writing, of his or her right to receive notice of the recipient's discharge pursuant to Section 3-902(d).

(c) An order that a person is found subject to involuntary admission on an inpatient basis does not eliminate any obligations under the federal Emergency Medical Transport and Active Labor Act (EMTALA) of the transferring facility toward the receiving facility. In addition to the obligations under EMTALA, before implementing an order, the transferring facility shall notify the receiving facility of the recipient, obtain medical clearance for the recipient, and ensure that the receiving facility is able to manage the transferred recipient.

(Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)

(405 ILCS 5/3-909) (from Ch. 91 1/2, par. 3-909)

Sec. 3-909. Alternative treatment. Any recipient hospitalized or admitted to alternative treatment or care and custody under Article VIII of this Chapter may at any time petition the court for transfer to a different facility or program of alternative treatment, to care and custody, or to the care and custody of a different person. His attorney, guardian, custodian, or responsible relative may file such a petition on his behalf. If the recipient is in a private facility, the facility may also petition for transfer. Recipients in private facilities or United States Veterans Administration facilities may petition for transfer to a mental health facility designated by the Department. Recipients may petition for transfer to a program of alternative treatment, or to care and custody. Recipients in private facilities may also petition for transfer to United States Veterans Administration facilities. Recipients in United States Veterans Administration facilities may also petition for transfer to private facilities. Recipients in Department facilities may petition for transfer to a private mental health facility, a United States Veterans Administration facility, a program of alternative treatment, or to care and custody. Admission to a United States Veterans Administration facility shall be governed by Article X of this Chapter 3. No transfers between Department facilities or between units of the same facility may be ordered under this Section. An order for hospitalization shall not be entered under this Section if the original order did not authorize hospitalization unless a hearing is held pursuant to Article VIII of this Chapter. An order of transfer entered under this Section does not eliminate any obligations under the federal Emergency Medical Transport and Active Labor Act (EMTALA) of the transferring facility toward the receiving facility. In addition to the obligations under EMTALA, before implementing an order of transfer, the transferring facility shall notify the receiving facility of the recipient, obtain medical clearance for the recipient, and ensure that the receiving facility is able to manage the transferred recipient.

(Source: P.A. 91-726, eff. 6-2-00.)

Section 99. Effective date. This Act takes effect upon becoming law.