Rep. Charles E Meier
Filed: 4/8/2013
 
 

 

 

 
09800HB1731ham001LRB098 06699 RLC 43433 a



1
AMENDMENT TO HOUSE BILL 1731 




2    AMENDMENT NO. ______. Amend House Bill 1731 by replacing 
3everything after the enacting clause with the following:


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

14    (f)  The Department of Human Services shall for a 6-month 
15period from the effective date of this amendatory Act of the 
1698th General Assembly observe and track the progress of former 
17residents of  the Jacksonville Developmental Center who were 
18removed from that facility after January 1, 2012.  After the 
196-month observation and tracking period, the Department of 
20Human Services shall submit a report to the General Assembly 
21that describes:
22        (1) the new venues of care for the former residents of  
23    the Jacksonville Developmental Center;
24        (2)  costs to the Department of Human Services as a 
25    result of the closure of the Jacksonville Developmental 
26    Center;
 
 
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1        (3)  cost savings or increases to the Department of 
2    Human Services due to the new venues of care for the former 
3    residents of  the Jacksonville Developmental Center; and
4        (4)  the injuries or deaths to former residents of  the 
5    Jacksonville Developmental Center in their new venues of 
6    care.
7    The report must be submitted to the General Assembly within 
8one year after the effective date of this amendatory Act of the 
998th General Assembly.
10    From the effective date of this amendatory Act of the 98th 
11General Assembly until 3 months after the filing of the report 
12with the General Assembly, the Department of Human Services may 
13not remove a resident from any State-operated developmental 
14center without the consent of the resident of the center or the 
15guardian of that resident. 
16(Source: P.A. 96-660, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
 
17    Section 99. Effective date. This Act takes effect upon 
18becoming law.".