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SB3207 Enrolled LRB104 18722 KTG 32165 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 (20 ILCS 1340/Act rep.)
5 Section 5. The Regional Integrated Behavioral Health
6 Networks Act is repealed.
7 (20 ILCS 1705/64 rep.)
8 Section 10. The Mental Health and Developmental
9 Disabilities Administrative Act is amended by repealing
10 Section 64.
11 Section 15. The Bureau for the Blind Act is amended by
12 changing Section 7 as follows:
13 (20 ILCS 2410/7) (from Ch. 23, par. 3417)
14 Sec. 7. Council. There shall be created within the
15 Department a Blind Services Planning Council which shall
16 review the actions of the Bureau for the Blind and provide
17 advice and consultation to the Secretary on services to blind
18 people. The Council shall be composed of 11 members appointed
19 by the Governor. All members shall be selected because of
20 their ability to provide worthwhile consultation or services
21 to the blind. No fewer than 6 members shall be blind. A
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1 relative balance between the number of males and females shall
2 be maintained. Broad representation shall be sought by
3 appointment, with 2 members from each of the major statewide
4 consumer organizations of the blind and one member from a
5 specific service area including, but not limited to, the
6 Hadley School for the Blind, Chicago Lighthouse,
7 Department-approved Low Vision Aids Clinics, Vending
8 Facilities Operators, the Association for the Education and
9 Rehabilitation of the Blind and Visually Impaired (AER), blind
10 homemakers, outstanding competitive employers of blind people,
11 providers and recipients of income maintenance programs,
12 in-home care programs, subsidized housing, nursing homes, and
13 homes for the blind.
14 Initially, 4 members shall be appointed for terms of one
15 year, 4 for terms of 2 years, and 3 for terms of 3 years with a
16 partial term of 18 months or more counting as a full term.
17 Subsequent terms shall be 4 3 years each. No member shall serve
18 more than 3 2 terms. No Department employee shall be a member
19 of the Council.
20 Members shall be removed for cause, including, but not
21 limited to, demonstrated incompetence, unethical behavior, and
22 unwillingness or inability to serve.
23 Members shall serve without pay but shall be reimbursed
24 for actual expenses incurred in the performance of their
25 duties.
26 Members shall be governed by appropriate and applicable
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1 State and federal statutes and regulations on matters such as
2 ethics, confidentiality, freedom of information, travel, and
3 civil rights.
4 Department staff may attend meetings but shall not be a
5 voting member of the Council. The Council shall elect a
6 chairperson and a recording secretary from among its number.
7 Sub-committees and ad hoc committees may be created to
8 concentrate on specific program components or initiative
9 areas.
10 The Council shall perform the following functions:
11 (a) Facilitate communication and cooperative efforts
12 between the Department and all agencies which have any
13 responsibility to deliver services to blind and visually
14 impaired persons.
15 (b) Identify needs and problems related to blind and
16 visually impaired persons, including children, adults, and
17 seniors, and make recommendations to the Secretary, Bureau
18 Director, and Governor.
19 (c) Recommend programmatic and fiscal priorities
20 governing the provision of services and awarding of grants
21 or contracts by the Department to any person or agency,
22 public or private.
23 (d) Conduct, encourage, and advise independent
24 research by qualified evaluators to improve services to
25 blind and visually impaired persons, including those with
26 multiple disabilities.
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1 (e) Participate in the development and review of
2 proposed and amended rules and regulations of the
3 Department relating to services for the blind and visually
4 impaired.
5 (f) Review and comment on all budgets (drafted and
6 submitted) relating to services for blind and visually
7 impaired persons.
8 (g) Promote policies and programs to educate the
9 public and elicit public support for services to blind and
10 visually impaired persons.
11 (h) Encourage creative and innovative programs to
12 strengthen, expand, and improve services for blind and
13 visually impaired persons, including outreach services.
14 (i) Perform such other duties as may be required by
15 the Governor, Secretary, and Bureau Director.
16 The Council shall supersede and replace all advisory
17 committees now functioning within the Bureau of Rehabilitation
18 Services for the Blind, with the exception of federally
19 mandated advisory groups.
20 (Source: P.A. 104-417, eff. 8-15-25.)
21 (325 ILCS 27/Act rep.)
22 Section 20. The Afterschool Youth Development Project Act
23 is repealed.
24 Section 25. The Mental Health and Developmental
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1 Disabilities Code is amended by changing Sections 5-111,
2 5-113, and 6-101 as follows:
3 (405 ILCS 5/5-111) (from Ch. 91 1/2, par. 5-111)
4 Sec. 5-111. Any person who has been issued a Notice of
5 Determination of sums due as services charges may petition the
6 Department for a review of that determination. The petition
7 must be in writing and filed with the Department within 90 days
8 from the date of the Notice of Determination. The Department
9 shall provide for a hearing to be held on the charges for the
10 period covered by the petition. The Department may after such
11 hearing, cancel, modify or increase such former determination
12 to an amount not to exceed the maximum provided for such person
13 by this Act. The hearing shall be conducted in accordance with
14 the Department's rules under 89 Ill. Adm. Code 508 and Article
15 10 of the Illinois Administrative Procedure Act. A final
16 administrative decision of the Department is subject to
17 judicial review under Section 6-101. The Department at its
18 expense shall take testimony and preserve a record of all
19 proceedings at the hearing upon any petition for a release
20 from or modification of such determination. The petition and
21 other documents in the nature of pleadings and motions filed
22 in the case, a transcript of testimony, findings of the
23 Department, and orders of the Secretary constitute the record.
24 The Secretary shall furnish a transcript of such record to any
25 person upon payment therefor of 75¢ per page for each original
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1 transcript and 25¢ per page for each copy thereof. Any person
2 aggrieved by the decision of the Department upon such hearing
3 may, within 30 days thereafter, file a petition with the
4 Department for review of such decision by the Board of
5 Reimbursement Appeals. The Board of Reimbursement Appeals may
6 approve action taken by the Department or may remand the case
7 to the Secretary with recommendations for redetermination of
8 charges.
9 (Source: P.A. 89-507, eff. 7-1-97.)
10 (405 ILCS 5/5-113) (from Ch. 91 1/2, par. 5-113)
11 Sec. 5-113. Following a final administrative decision and
12 upon Upon receiving a petition for review under Section 5-111,
13 the Department shall thereupon notify the Board of
14 Reimbursement Appeals which shall render its decision thereon
15 within 30 days after the petition is filed and certify such
16 decision to the Department. Concurrence of a majority of the
17 Board is necessary in any such decision. Upon request of the
18 Department, the State's Attorney of the county in which a
19 responsible relative or a recipient who is liable under this
20 Act for payment of sums representing services charges resides,
21 shall institute appropriate legal action against any such
22 responsible relative, or the recipient, or within the time
23 provided by law shall file a claim against the estate of such
24 recipient who fails or refuses to pay those charges. The court
25 shall order the payment of sums due for services charges for
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1 such period or periods of time as the circumstances require,
2 except that no responsible relative may be held liable for
3 charges for services furnished to a recipient if such charges
4 were assessed more than 5 years prior to the time the action is
5 filed; but such 5 year limitation does not apply to the
6 liability of a recipient or recipient's estate. Such order may
7 be entered against any or all such defendants and may be based
8 upon the proportionate ability of each defendant to contribute
9 to the payment of sums representing services charges including
10 the actual charges for services in facilities outside the
11 Department where the Department has paid such charges. Orders
12 for the payment of money may be enforced by attachment as for
13 contempt against the persons of the defendants and, in
14 addition, as other judgments for the payment of money, and
15 costs may be adjudged against the defendants and apportioned
16 among them.
17 (Source: P.A. 80-1414.)
18 (405 ILCS 5/6-101) (from Ch. 91 1/2, par. 6-101)
19 Sec. 6-101. Any person affected by a final administrative
20 decision of the Department or the Board of Reimbursement
21 Appeals, pursuant to this Act, may have such decisions
22 reviewed only under and in accordance with the Administrative
23 Review Law, as now or hereafter amended. The Administrative
24 Review Law, as amended, and the rules adopted pursuant
25 thereto, apply to and govern all proceedings for the judicial
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1 review of final administrative decisions of the Department
2 hereunder. The term "administrative decision" is defined as in
3 Section 3-101 of the Code of Civil Procedure.
4 (Source: P.A. 82-783.)
5 (405 ILCS 5/5-112 rep.)
6 Section 30. The Mental Health and Developmental
7 Disabilities Code is amended by repealing Section 5-112.
8 Section 35. The Sexually Violent Persons Commitment Act is
9 amended by changing Section 90 as follows:
10 (725 ILCS 207/90)
11 Sec. 90. Committed persons ability to pay for services.
12 Each person committed or detained under this Act who receives
13 services provided directly or funded by the Department and the
14 estate of that person is liable for the payment of sums
15 representing charges for services to the person at a rate to be
16 determined by the Department. Services charges against that
17 person take effect on the date of admission or the effective
18 date of this Section. The Department in its rules may
19 establish a maximum rate for the cost of services. In the case
20 of any person who has received residential services from the
21 Department, whether directly from the Department or through a
22 public or private agency or entity funded by the Department,
23 the liability shall be the same regardless of the source of
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1 services. When the person is placed in a facility outside the
2 Department, the facility shall collect reimbursement from the
3 person. The Department may supplement the contribution of the
4 person to private facilities after all other sources of income
5 have been utilized; however the supplement shall not exceed
6 the allowable rate under Title XVIII or Title XIX of the
7 Federal Social Security Act for those persons eligible for
8 those respective programs. The Department may pay the actual
9 costs of services or maintenance in the facility and may
10 collect reimbursement for the entire amount paid from the
11 person or an amount not to exceed the maximum. Lesser or
12 greater amounts may be accepted by the Department when
13 conditions warrant that action or when offered by persons not
14 liable under this Act. Nothing in this Section shall preclude
15 the Department from applying federal benefits that are
16 specifically provided for the care and treatment of a person
17 with a disability toward the cost of care provided by a State
18 facility or private agency. The Department may investigate the
19 financial condition of each person committed under this Act,
20 may make determinations of the ability of each such person to
21 pay sums representing services charges, and for those purposes
22 may set a standard as a basis of judgment of ability to pay.
23 The Department shall by rule make provisions for unusual and
24 exceptional circumstances in the application of that standard.
25 The Department may issue to any person liable under this Act a
26 statement of amount due as treatment charges requiring him or
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1 her to pay monthly, quarterly, or otherwise as may be
2 arranged, an amount not exceeding that required under this
3 Act, plus fees to which the Department may be entitled under
4 this Act.
5 (a) Whenever an individual is covered, in part or in
6 whole, under any type of insurance arrangement, private or
7 public, for services provided by the Department, the proceeds
8 from the insurance shall be considered as part of the
9 individual's ability to pay notwithstanding that the insurance
10 contract was entered into by a person other than the
11 individual or that the premiums for the insurance were paid
12 for by a person other than the individual. Remittances from
13 intermediary agencies under Title XVIII of the Federal Social
14 Security Act for services to committed persons shall be
15 deposited with the State Treasurer and placed in the Mental
16 Health Fund. Payments received from the Department of
17 Healthcare and Family Services under Title XIX of the Federal
18 Social Security Act for services to those persons shall be
19 deposited with the State Treasurer and shall be placed in the
20 General Revenue Fund.
21 (b) Any person who has been issued a Notice of
22 Determination of sums due as services charges may petition the
23 Department for a review of that determination. The petition
24 must be in writing and filed with the Department within 90 days
25 from the date of the Notice of Determination. The Department
26 shall provide for a hearing to be held on the charges for the
SB3207 Enrolled - 11 - LRB104 18722 KTG 32165 b
1 period covered by the petition. The Department may after the
2 hearing, cancel, modify, or increase the former determination
3 to an amount not to exceed the maximum provided for the person
4 by this Act. The hearing shall be conducted in accordance with
5 the Department's rules under 89 Ill. Adm. Code 508 and Article
6 10 of the Illinois Administrative Procedure Act. Any person
7 affected by a final administrative decision of the Department,
8 pursuant to this Section, may have such decision reviewed only
9 under and in accordance with the Administrative Review Law.
10 The Administrative Review Law and the rules adopted pursuant
11 thereto apply to and govern all proceedings for the judicial
12 review of final administrative decisions of the Department
13 under this Section. As used in this subsection,
14 "administrative decision" has the same meaning ascribed to
15 that term in Section 3-101 of the Code of Civil Procedure. The
16 Department at its expense shall take testimony and preserve a
17 record of all proceedings at the hearing upon any petition for
18 a release from or modification of the determination. The
19 petition and other documents in the nature of pleadings and
20 motions filed in the case, a transcript of testimony, findings
21 of the Department, and orders of the Secretary constitute the
22 record. The Secretary shall furnish a transcript of the record
23 to any person upon payment of 75¢ per page for each original
24 transcript and 25¢ per page for each copy of the transcript.
25 Any person aggrieved by the decision of the Department upon a
26 hearing may, within 30 days thereafter, file a petition with
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1 the Department for review of the decision by the Board of
2 Reimbursement Appeals established in the Mental Health and
3 Developmental Disabilities Code. The Board of Reimbursement
4 Appeals may approve action taken by the Department or may
5 remand the case to the Secretary with recommendation for
6 redetermination of charges.
7 (c) Following a final administrative decision and upon
8 Upon receiving a petition for review under subsection (b) of
9 this Section, the Department shall thereupon notify the Board
10 of Reimbursement Appeals which shall render its decision
11 thereon within 30 days after the petition is filed and certify
12 such decision to the Department. Concurrence of a majority of
13 the Board is necessary in any such decision. Upon request of
14 the Department, the State's Attorney of the county in which a
15 client who is liable under this Act for payment of sums
16 representing services charges resides, shall institute
17 appropriate legal action against any such client, or within
18 the time provided by law shall file a claim against the estate
19 of the client who fails or refuses to pay those charges. The
20 court shall order the payment of sums due for services charges
21 for such period or periods of time as the circumstances
22 require. The order may be entered against any defendant and
23 may be based upon the proportionate ability of each defendant
24 to contribute to the payment of sums representing services
25 charges including the actual charges for services in
26 facilities outside the Department where the Department has
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1 paid those charges. Orders for the payment of money may be
2 enforced by attachment as for contempt against the persons of
3 the defendants and, in addition, as other judgments for the
4 payment of money, and costs may be adjudged against the
5 defendants and apportioned among them.
6 (d) The money collected shall be deposited into the Mental
7 Health Fund.
8 (Source: P.A. 99-143, eff. 7-27-15.)Every fact on this page links to its source, starting with the official bill record.