SB 3207

Select Language
  ×
The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.
Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.
The English language version is always the official and authoritative version of this website.
NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.
  Choose Language
  English
  Afrikaans
  Albanian
  Arabic
  Armenian
  Azerbaijani
  Basque
  Bengali
  Bosnian
  Catalan
  Croatian
  Czech
  Danish
  Dutch
  Esperanto
  Estonian
  Filipino
  Finnish
  French
  Galician
  Georgian
  German
  Greek
  Gujarati
  Haitian Creole
  Hausa
  Hawaiian
  Hebrew
  Hindi
  Hungarian
  Icelandic
  Indonesian
  Interlingua
  Interlingue
  Inuktitut
  Irish
  Italian
  Japanese
  Javanese
  Kannada
  Khmer
  Korean
  Latin
  Latvian
  Lithuanian
  Luxembourgish
  Macedonian
  Malagasy
  Malayalam
  Maltese
  Maori
  Marathi
  Myanmar
  Nepali
  Norwegian
  Odia
  Pashto
  Punjabi
  Romanian
  Russian
  Samoan
  Sango
  Sanskrit
  Sardinian
  Sindhi
  Sinhala
  Slovak
  Slovenian
  Somali
  Southern Sotho
  Spanish
  Sundanese
  Swahili
  Swedish
  Tamil
  Telugu
  Thai
  Tigrinya
  Tonga
  Turkish
  Ukrainian
  Urdu
  Vietnamese
  Welsh
  Xhosa
  Yiddish
  Yoruba
  Zulu
  Powered by Translate
  Close
Illinois General Assembly
Top Navigation Bar
  Translate
  Learn
  Select General Assembly
  Search the 104th General Assembly
  Enter search terms for legislation, members, committees, or schedules.
  ILGA.GOV
Mobile Top Bar
  Search the 104th General Assembly
  Enter keywords to search the Illinois General Assembly website.
Full Text of SB3207
Home
Legislation
Full Text
	SB3207 - 104th General Assembly
		Bill Status
		Full Text
		Votes
		Witness Slips
	Select Menu
	Bill Status
	Full Text
	Votes
	Witness Slips
	Printer Friendly Version
			Introduced
			Engrossed
			Enrolled
			Public Act
		Printer Friendly Version
		Introduced
		Engrossed
		Enrolled
		Public Act
			 Open PDF
		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,
3represented in the General Assembly:
4    (20 ILCS 1340/Act rep.)
5    Section 5. The Regional Integrated Behavioral Health
6Networks Act is repealed.
7    (20 ILCS 1705/64 rep.)
8    Section 10. The Mental Health and Developmental
9Disabilities Administrative Act is amended by repealing
10Section 64.
11    Section 15. The Bureau for the Blind Act is amended by
12changing Section 7 as follows:
13    (20 ILCS 2410/7)  (from Ch. 23, par. 3417)
14    Sec. 7. Council. There shall be created within the
15Department a Blind Services Planning Council which shall
16review the actions of the Bureau for the Blind and provide
17advice and consultation to the Secretary on services to blind
18people. The Council shall be composed of 11 members appointed
19by the Governor. All members shall be selected because of
20their ability to provide worthwhile consultation or services
21to the blind. No fewer than 6 members shall be blind. A
		SB3207 Enrolled	- 2 -	LRB104 18722 KTG 32165 b
1relative balance between the number of males and females shall
2be maintained. Broad representation shall be sought by
3appointment, with 2 members from each of the major statewide
4consumer organizations of the blind and one member from a
5specific service area including, but not limited to, the
6Hadley School for the Blind, Chicago Lighthouse,
7Department-approved Low Vision Aids Clinics, Vending
8Facilities Operators, the Association for the Education and
9Rehabilitation of the Blind and Visually Impaired (AER), blind
10homemakers, outstanding competitive employers of blind people,
11providers and recipients of income maintenance programs,
12in-home care programs, subsidized housing, nursing homes, and
13homes for the blind.
14    Initially, 4 members shall be appointed for terms of one
15year, 4 for terms of 2 years, and 3 for terms of 3 years with a
16partial term of 18 months or more counting as a full term.
17Subsequent terms shall be 4 [3] years each. No member shall serve
18more than 3 [2] terms. No Department employee shall be a member
19of the Council.
20    Members shall be removed for cause, including, but not
21limited to, demonstrated incompetence, unethical behavior, and
22unwillingness or inability to serve.
23    Members shall serve without pay but shall be reimbursed
24for actual expenses incurred in the performance of their
25duties.
26    Members shall be governed by appropriate and applicable
		SB3207 Enrolled	- 3 -	LRB104 18722 KTG 32165 b
1State and federal statutes and regulations on matters such as
2ethics, confidentiality, freedom of information, travel, and
3civil rights.
4    Department staff may attend meetings but shall not be a
5voting member of the Council. The Council shall elect a
6chairperson and a recording secretary from among its number.
7Sub-committees and ad hoc committees may be created to
8concentrate on specific program components or initiative
9areas.
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.
		SB3207 Enrolled	- 4 -	LRB104 18722 KTG 32165 b
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
17committees now functioning within the Bureau of Rehabilitation
18Services for the Blind, with the exception of federally
19mandated 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
23is repealed.
24    Section 25. The Mental Health and Developmental
		SB3207 Enrolled	- 5 -	LRB104 18722 KTG 32165 b
1Disabilities Code is amended by changing Sections 5-111,
25-113, 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
5Determination of sums due as services charges may petition the
6Department for a review of that determination. The petition
7must be in writing and filed with the Department within 90 days
8from the date of the Notice of Determination. The Department
9shall provide for a hearing to be held on the charges for the
10period covered by the petition. The Department may after such
11hearing, cancel, modify or increase such former determination
12to an amount not to exceed the maximum provided for such person
13by this Act. The hearing shall be conducted in accordance with 
14the Department's rules under 89 Ill. Adm. Code 508 and Article 
1510 of the Illinois Administrative Procedure Act. A final 
16administrative decision of the Department is subject to 
17judicial 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 ]
		SB3207 Enrolled	- 6 -	LRB104 18722 KTG 32165 b
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 
12upon [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
18Department, the State's Attorney of the county in which a
19responsible relative or a recipient who is liable under this
20Act for payment of sums representing services charges resides,
21shall institute appropriate legal action against any such
22responsible relative, or the recipient, or within the time
23provided by law shall file a claim against the estate of such
24recipient who fails or refuses to pay those charges. The court
25shall order the payment of sums due for services charges for
		SB3207 Enrolled	- 7 -	LRB104 18722 KTG 32165 b
1such period or periods of time as the circumstances require,
2except that no responsible relative may be held liable for
3charges for services furnished to a recipient if such charges
4were assessed more than 5 years prior to the time the action is
5filed; but such 5 year limitation does not apply to the
6liability of a recipient or recipient's estate. Such order may
7be entered against any or all such defendants and may be based
8upon the proportionate ability of each defendant to contribute
9to the payment of sums representing services charges including
10the actual charges for services in facilities outside the
11Department where the Department has paid such charges. Orders
12for the payment of money may be enforced by attachment as for
13contempt against the persons of the defendants and, in
14addition, as other judgments for the payment of money, and
15costs may be adjudged against the defendants and apportioned
16among 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
20decision of the Department [or the Board of Reimbursement ]
21[Appeals], pursuant to this Act, may have such decisions
22reviewed only under and in accordance with the Administrative
23Review Law, as now or hereafter amended. The Administrative
24Review Law, as amended, and the rules adopted pursuant
25thereto, apply to and govern all proceedings for the judicial
		SB3207 Enrolled	- 8 -	LRB104 18722 KTG 32165 b
1review of final administrative decisions of the Department
2hereunder. The term "administrative decision" is defined as in
3Section 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
7Disabilities Code is amended by repealing Section 5-112.
8    Section 35. The Sexually Violent Persons Commitment Act is
9amended by changing Section 90 as follows:
10    (725 ILCS 207/90)
11    Sec. 90. Committed persons ability to pay for services.
12Each person committed or detained under this Act who receives
13services provided directly or funded by the Department and the
14estate of that person is liable for the payment of sums
15representing charges for services to the person at a rate to be
16determined by the Department. Services charges against that
17person take effect on the date of admission or the effective
18date of this Section. The Department in its rules may
19establish a maximum rate for the cost of services. In the case
20of any person who has received residential services from the
21Department, whether directly from the Department or through a
22public or private agency or entity funded by the Department,
23the liability shall be the same regardless of the source of
		SB3207 Enrolled	- 9 -	LRB104 18722 KTG 32165 b
1services. When the person is placed in a facility outside the
2Department, the facility shall collect reimbursement from the
3person. The Department may supplement the contribution of the
4person to private facilities after all other sources of income
5have been utilized; however the supplement shall not exceed
6the allowable rate under Title XVIII or Title XIX of the
7Federal Social Security Act for those persons eligible for
8those respective programs. The Department may pay the actual
9costs of services or maintenance in the facility and may
10collect reimbursement for the entire amount paid from the
11person or an amount not to exceed the maximum. Lesser or
12greater amounts may be accepted by the Department when
13conditions warrant that action or when offered by persons not
14liable under this Act. Nothing in this Section shall preclude
15the Department from applying federal benefits that are
16specifically provided for the care and treatment of a person
17with a disability toward the cost of care provided by a State
18facility or private agency. The Department may investigate the
19financial condition of each person committed under this Act,
20may make determinations of the ability of each such person to
21pay sums representing services charges, and for those purposes
22may set a standard as a basis of judgment of ability to pay.
23The Department shall by rule make provisions for unusual and
24exceptional circumstances in the application of that standard.
25The Department may issue to any person liable under this Act a
26statement of amount due as treatment charges requiring him or
		SB3207 Enrolled	- 10 -	LRB104 18722 KTG 32165 b
1her to pay monthly, quarterly, or otherwise as may be
2arranged, an amount not exceeding that required under this
3Act, plus fees to which the Department may be entitled under
4this Act.
5    (a) Whenever an individual is covered, in part or in
6whole, under any type of insurance arrangement, private or
7public, for services provided by the Department, the proceeds
8from the insurance shall be considered as part of the
9individual's ability to pay notwithstanding that the insurance
10contract was entered into by a person other than the
11individual or that the premiums for the insurance were paid
12for by a person other than the individual. Remittances from
13intermediary agencies under Title XVIII of the Federal Social
14Security Act for services to committed persons shall be
15deposited with the State Treasurer and placed in the Mental
16Health Fund. Payments received from the Department of
17Healthcare and Family Services under Title XIX of the Federal
18Social Security Act for services to those persons shall be
19deposited with the State Treasurer and shall be placed in the
20General Revenue Fund.
21    (b) Any person who has been issued a Notice of
22Determination of sums due as services charges may petition the
23Department for a review of that determination. The petition
24must be in writing and filed with the Department within 90 days
25from the date of the Notice of Determination. The Department
26shall provide for a hearing to be held on the charges for the
		SB3207 Enrolled	- 11 -	LRB104 18722 KTG 32165 b
1period covered by the petition. The Department may after the
2hearing, cancel, modify, or increase the former determination
3to an amount not to exceed the maximum provided for the person
4by this Act. The hearing shall be conducted in accordance with 
5the Department's rules under 89 Ill. Adm. Code 508 and Article 
610 of the Illinois Administrative Procedure Act. Any person 
7affected by a final administrative decision of the Department, 
8pursuant to this Section, may have such decision reviewed only 
9under and in accordance with the Administrative Review Law. 
10The Administrative Review Law and the rules adopted pursuant 
11thereto apply to and govern all proceedings for the judicial 
12review of final administrative decisions of the Department 
13under this Section. As used in this subsection, 
14"administrative decision" has the same meaning ascribed to 
15that 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 ]
		SB3207 Enrolled	- 12 -	LRB104 18722 KTG 32165 b
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
14the Department, the State's Attorney of the county in which a
15client who is liable under this Act for payment of sums
16representing services charges resides, shall institute
17appropriate legal action against any such client, or within
18the time provided by law shall file a claim against the estate
19of the client who fails or refuses to pay those charges. The
20court shall order the payment of sums due for services charges
21for such period or periods of time as the circumstances
22require. The order may be entered against any defendant and
23may be based upon the proportionate ability of each defendant
24to contribute to the payment of sums representing services
25charges including the actual charges for services in
26facilities outside the Department where the Department has
		SB3207 Enrolled	- 13 -	LRB104 18722 KTG 32165 b
1paid those charges. Orders for the payment of money may be
2enforced by attachment as for contempt against the persons of
3the defendants and, in addition, as other judgments for the
4payment of money, and costs may be adjudged against the
5defendants and apportioned among them.
6    (d) The money collected shall be deposited into the Mental
7Health Fund.
8(Source: P.A. 99-143, eff. 7-27-15.)