Bill Text: IL HB2426 | 2021-2022 | 102nd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Mental Health and Developmental Disabilities Code. Provides that the notice of a recipient's rights includes, if applicable, the recipient's right to request a transfer to a different Department of Human Services facility. Provides that a recipient, his or her attorney, guardian, if any, and responsible relative, in any Department facility may make a written application to the facility director of the recipient's current facility to transfer to another Department facility. Provides that the Department shall provide the form to make such an application to a recipient, his or her attorney, guardian, if any, and responsible relative upon request. Provides that a recipient of services shall not include a person with the primary diagnosis of a developmental disability. Provides that upon receipt of the recipient's application, the facility director shall promptly schedule a hearing to be held within 7 days. Provides that the hearing shall be held at the recipient's current facility. Establishes the recipient's burden of proof at the transfer hearing. Provides that if a recipient's application for transfer is denied, no application may be filed for 180 days. Provides that the recipient does, however, have the right to administratively appeal any decision of the utilization review committee. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2021-08-27 - Public Act . . . . . . . . . 102-0593 [HB2426 Detail]

Download: Illinois-2021-HB2426-Enrolled.html

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HB2426 Enrolled LRB102 12653 RLC 17992 b
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 2-200,
3-207, and 3-908 as follows:
(405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
Sec. 2-200. (a) Upon commencement of services, or as soon
thereafter as the condition of the recipient permits, every
adult recipient, as well as the recipient's guardian or
substitute decision maker, and every recipient who is 12 years
of age or older and the parent or guardian of a minor or person
under guardianship shall be informed orally and in writing of
the rights guaranteed by this Chapter which are relevant to
the nature of the recipient's services program. The notice
shall include, if applicable, the recipient's right to request
a transfer to a different Department facility under Section
3-908. Every facility shall also post conspicuously in public
areas a summary of the rights which are relevant to the
services delivered by that facility as well as contact
information for the Guardianship and Advocacy Commission and
the agency designated by the Governor under Section 1 of the
Protection and Advocacy for Persons with Developmental

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Disabilities Act.
(b) A recipient who is 12 years of age or older and the
parent or guardian of a minor or person under guardianship at
any time may designate, and upon commencement of services
shall be informed of the right to designate, a person or agency
to receive notice under Section 2-201 or to direct that no
information about the recipient be disclosed to any person or
agency.
(c) Upon commencement of services, or as soon thereafter
as the condition of the recipient permits, the facility shall
ask the adult recipient or minor recipient admitted pursuant
to Section 3-502 whether the recipient wants the facility to
contact the recipient's spouse, parents, guardian, close
relatives, friends, attorney, advocate from the Guardianship
and Advocacy Commission or the agency designated by the
Governor under Section 1 of the Protection and Advocacy for
Persons with Developmental Disabilities Act, or others and
inform them of the recipient's presence at the facility. The
facility shall by phone or by mail contact at least two of
those people designated by the recipient and shall inform them
of the recipient's location. If the recipient so requests, the
facility shall also inform them of how to contact the
recipient.
(d) Upon commencement of services, or as soon thereafter
as the condition of the recipient permits, the facility shall
advise the recipient as to the circumstances under which the

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law permits the use of emergency forced medication or
electroconvulsive therapy under subsection (a) of Section
2-107, restraint under Section 2-108, or seclusion under
Section 2-109. At the same time, the facility shall inquire of
the recipient which form of intervention the recipient would
prefer if any of these circumstances should arise. The
recipient's preference shall be noted in the recipient's
record and communicated by the facility to the recipient's
guardian or substitute decision maker, if any, and any other
individual designated by the recipient. If any such
circumstances subsequently do arise, the facility shall give
due consideration to the preferences of the recipient
regarding which form of intervention to use as communicated to
the facility by the recipient or as stated in the recipient's
advance directive.
(Source: P.A. 100-915, eff. 1-1-19.)
(405 ILCS 5/3-207) (from Ch. 91 1/2, par. 3-207)
Sec. 3-207. (a) Hearings under Sections 3-405, 3-904,
3-908, and 3-911 of this Chapter shall be conducted by a
utilization review committee. The Secretary shall appoint a
utilization review committee at each Department facility. Each
such committee shall consist of a multi-disciplinary group of
professional staff members who are trained and equipped to
deal with the clinical and treatment needs of recipients. The
recipient and the objector may be represented by persons of

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their choice.
(b) The committee shall not be bound by rules of evidence
or procedure but shall conduct the proceedings in a manner
intended to ensure a fair hearing. The committee may make such
investigation as it deems necessary. A record of the
proceedings shall be made and shall be kept in the recipient's
record. Within 3 days of conclusion of the hearing, the
committee shall submit to the facility director its written
recommendations which include its factual findings and
conclusions. A copy of the recommendations shall be given to
the recipient and the objector.
(c) Within 7 days of receipt of the recommendations, the
facility director shall give written notice to the recipient
and objector of his acceptance or rejection of the
recommendations and his reason therefor. If the director of
the facility rejects the recommendations or if the recipient
or objector requests review of the director's decision, the
director shall promptly forward a copy of his decision, the
recommendations, and the record of the hearing to the
Secretary of the Department for final review. The decision of
the director or the decision of the Secretary of the
Department, if his review was requested, shall be considered a
final administrative decision.
(Source: P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/3-908) (from Ch. 91 1/2, par. 3-908)

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Sec. 3-908. Application for transfer of recipient to
another Department facility.
(a) The facility director of any Department facility may
transfer a recipient to another Department facility if he
determines the transfer to be clinically advisable and
consistent with the treatment needs of the recipient.
(b) A recipient, his or her attorney, guardian, if any,
and responsible relative, in any Department facility may make
a written application to the facility director of the
recipient's current facility to transfer to another Department
facility. The Department shall provide the form to make such
an application to a recipient, his or her attorney, guardian,
if any, and responsible relative upon request. A recipient of
services shall not include a person with the primary diagnosis
of a developmental disability.
(c) Upon receipt of the recipient's application, the
facility director shall promptly schedule a hearing to be held
within 7 days under Section 3-207. The hearing shall be held at
the recipient's current facility.
(d) At the hearing the recipient shall have the burden of
proving that:
(1) the facility to which the recipient is requesting
a transfer to a less restrictive facility that provides
treatment which is more clinically appropriate for the
recipient. If the recipient refuses the transfer it shall
be considered the same as if the recipient was denied a

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transfer and the recipient shall be prohibited from making
another request for 180 days after the initial denial of
transfer; and
(2) the transfer does not threaten the safety of the
recipient or others.
If the utilization review committee finds that the
recipient has sustained his burden and the request for
transfer is supported by substantial evidence, it shall
recommend that the transfer proceed within 30 days. If it does
not so find, it shall recommend that the recipient not be
transferred. If the transfer to a less restricted facility
cannot be executed due to lack of beds, the transferring
facility shall inform the recipient and his petitioning
attorney or guardian, in writing, and provide an estimated
time frame for the transfer.
(e) If a recipient's application for transfer is denied,
no application may be filed for 180 days. The recipient does,
however, have the right to administratively appeal any
decision of the utilization review committee.
(Source: P.A. 88-380.)
Section 99. Effective date. This Act takes effect upon
becoming law.