Current Legislation-2008

1. House Bill 1432 adds anorexia and bulimia to the list of illnesses covered by the mental health insurance law.  This bill has passed both houses and is awaiting action by Governor Blagojevich.
2. House Bill 4199 adds counselors to the list of mental health professionals whose certification may support admission of a minor to a mental health facility.  This bill has passed both houses and is awaiting action by Governor Blagojevich.
3. House Bill 5574 contains provisions designed to correct technical problems with Public Act 95-0602 enacted in 2007 and also some amendments to the Mental Health and Developmental Disabilities Confidentiality Act designed to promote record sharing among treatment providers.  The bill has passed the House and may be acted upon by the Senate during the Fall "veto" session in November.
4. House Bill 6651 protects persons with mental illnesses from inappropriate treatment in "supermax" prisons.  Pending in House rules Committee.
5. Senate Bill 1933, "subject to appropriation" increases the person needs allowance for persons on Medicaid in nursing homes to $50/month.  Senate has non-concurred in House amendment.  House Rules Committee.
6. Senate Bill 1965 requires the Department of Healthcare and Family Services to reimburse counties for medical expenses for indigent inmates in county jails.  This bill has passed both houses and is awaiting action by Governor Blagojevich.
7. Senate Bill 2303 allows persons in prisons and jails to remain on Medicaid rolls while incarcerated in order to facilitate prompt resumption of payments upon discharge.  Passed Senate; pending in House Rules Committee.
8. Senate Bill 2492 increases payment rate for inpatient care in private hospitals under Medicaid.  Passed both House. Motion for concurrence in House amendment pending in Senate.
9. Senate Bill 2656 creates a Mental Health Work Group to coordinate services across departments.  Passed both House.  Motion for concurrence in House amendment pending in Senate.
10. Senate Bill 2877 requires the Department of Human Services to include mental health materials in its outreach to minority communities.  Passed both House.  Motion for concurrence in House amendment pending in Senate.

Summary of Changes Enacted in 2007

1. Public Act 95-0281 requires the Department of Human Services to identify persons admitted to its facilities who need alcoholism or substance abuse treatment and make arrangements for that treatment.
2. Public Act 95-0022 requires (subject to appropriation) two state medical schools to expand their programs providing forensic psychiatry training.
3. Public Act 95-0172 changes the statute governing court hearings regarding the administration of psychotropic medications and electro-convulsive therapy to clarify that these treatments may be ordered for persons who lack decisional capacity irrespective of whether they are actually refusing the treatments.
4. Public Act 95-0016 requires the Department of Healthcare and Family Services to cover tele-psychiatry services under the Medicaid program.
5. Public Act 95-0469 creates programs to prevent post-partum mood disorders.
6. Public Act 95-0230 prohibits health insurance policies from denying coverage for emergency or other medical care solely based upon the fact that the patient was injured while intoxicated or under the influence of drugs.
7. Public Act 95-0602 substantially lowers the standard for involuntary commitment to mental hospitals.
8. Public Act 95-0561 adds fetal alcohol syndrome to those conditions which can form the basis for a legal finding that someone is a disabled adult and in need of a guardian of the person or estate.
9. Public Act 95-0606 creates the Mental Health Court Treatment Act to encourage circuit courts to create programs to divert persons with mental illness to community treatment rather than incarceration.
10. Public Act 95-0564 provides that the community treatment providers must report to the State Police persons who are a clear and present danger to others due to mental illness so that such persons will be denied a Firearm Owners Identification card and, therefore, denied the right to lawfully possess a firearm.

Summary of Changes Enacted in 2006

1. Public Act 94-0906 extends the protections of the mental health insurance parity law to health maintenance organizations (HMOs).  The parity law limits the ability of health insurance companies to provide less coverage for mental health services than for other illnesses.  The Act also adds coverage for persons with autism.
2. Public Act 94-0921 amends the mental health insurance parity law to increase the limit on outpatient visits which must be available to persons with mental illnesses.
3. Public Act 94-1066 requires state psychiatric hospitals to review whether persons being treated in these facilities need psychotropic medications and whether they meet the criteria for a court-ordered medications and to document these finding in the medical record.  It also requirs the Department of Human Services to collect date on the use of psychotropic medications in its facilities.
4. Publuc Act 94-0965 requires creation of a comprehensive housing plan, including in the plan details about the housing to be provided for persons with mental and other disabilities.

Summary of Changes Enacted in 2005

1. Public Act 94-0402 repealedthe "sunset" provision in the mental health insurance parity law.  The parity law limits the ability of health insurance companies to discriminate against persons with mental illnesses by providing less coverage for mental health services than for other illesses.  The law was scheduled to expire on January 1, 2006.
2. Public Act 94-034 requires improved mental health services for wards of the  Illinois Department of Children and Family Services.
3. Public Act 94-0182 permits record sharing between the Department of Corrections and the Department of Human Services.
4. Public Act 94-0498 requires that cost savings occassioned by the closure or downsizing of a state mental hospital be retained in the mental health system.
5. Public Act 94-0584 adds post-traumatic stress disorder (PTSD) to the list of illnesses covered by the mental health insurance parity law.
6. Public Act 94-0521 permits persons facing involuntary commitment to a mental hospital to agree to an outpatient treatment order.  The act also requires that only someone determined to possess decisional capacity may agree to admission as voluntary inpatient in lieu of involuntary commitment.
7. Public Act 94-0118 imposes a tax on the recording of deeds to fund housing for indigent persons including disabled persons.
8. Public Act 94-0202 permits peace officers to transport someone to a mental health facility without personal observation of the conduct which is the basis for involuntary commitment.

1. Public Act 93-0770 (effective 1/1/05).  Requires the Department of Human Services to take over from law enforcement (sheriffs) the responsibility for transporting persons facing involuntary civil commitment.  Cook County is expected from this change. 
2. Public Act 93-0992 (effective 1/1/05).  Imposes a supplement court fee to fund the creation of mental health courts (criminal court diversion for persons with mental illnesses modelled after drug courts.)
3. Public Act 93-1034 (effective 9/3/04).  Places $1.2 million from sale of the former Zeller Mental Health Center in a fund to support the transportation of persons with mental illnesses facing commitment (See Public Act 93-0770 above.)
4. Public Act 93-0773 (effective 7/21/04).  Requires annual report on the treatment of persons with autism.
5. Public Act 93-0907 (effectie 8/11/04).  Requires state suicide prevention plan.
6. Public Act 2206 (effective 7/30/04).   Creates public process to review the closure of any state mental health facility.
7. Public 93-0751 (effective 7/15/04).  Amends Confidentiality Act to permit disclosures during investigation of abuse of disabled adults.

Legislation under consideration for 2008 and beyond

1. Clarify that the involuntary medication provision in the Mental Health and Developmental Disabilities Act (Section 2-107.1) may be used to provide treatment to persons living in the community.
2. Provide a judicial process for compelling treatment for eating disorders.
3. Amend Mental Health Treatment Preference Declaration Act to: (a) clarify relationship to Durable Power of Attorney for Health Care; (b) permit agent to authorization transportation to mental health facilities; (c) permit agent to access mental health records; and, (d) strengthen formalities required for creation.
4. Prohibit persons found Guilty but Mentally Ill from being sentened to death.
5. Create Pharmacy and Therapeutics Committee with public members.
6. Exempt psychotropic medications from prior authorization requirements.
7. Extend rights of persons in state hospitals to persons in private hospital at state expense.
8. Amend the laws governing the administration of electro-convulsive therapy to: (a) improve data collection; and (b) strengthen procedures for informed consent.
9. Create a research exception in the Confidentiality Act.
10. Strengthen provisions requiring a court order in order to subpoena mental health records under the Confidentiality Act.
11. Create a state agency to prosecute commitment, ECT and medication petitions.