2023 Illinois Compiled Statutes › Chapter 405 - MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES › 405 ILCS 5/ - Mental Health and Developmental Disabilities Code. › Chapter V - General Provisions

(405 ILCS 5/Ch. V heading)
CHAPTER V
GENERAL PROVISIONS
(405 ILCS 5/5-100) (from Ch. 91 1/2, par. 5-100)
Sec. 5-100. 
		
		Written notice of the death of a recipient of services
which occurs at a mental health or developmental disabilities facility, or
the death of a recipient of services who has not been discharged from a
mental health or developmental disabilities facility but whose death occurs
elsewhere, shall within 10 days of the death of a recipient be mailed to
the Department of Public Health which, for the primary purpose of
monitoring patterns of abuse and neglect of recipients of services, shall
make such notices available to the Guardianship and Advocacy Commission and
to the agency designated by the Governor under Section 1 of "An Act in
relation to the protection and advocacy of the rights of persons with
developmental disabilities, and amending Acts therein named", approved
September 20, 1985. Such notice shall include the name of the
recipient, the name and address of the facility at which the death
occurred, the recipient's age, the nature of the recipient's condition,
including any evidence of the previous injuries or disabilities, or
relevant medical conditions or any other information which might be helpful
in establishing the cause of death.
Written notice of the death of a recipient of services who was admitted
by court order, and the cause thereof shall, in all cases, be mailed by the
facility director to the court entering the original admission order, and
if possible, to the same judge, and the time, place and alleged cause of
such death shall be entered upon the docket. Such notice must be mailed
within 10 days following the death of the recipient.
In the event of a sudden or mysterious death of any recipient of services
at any public or private facility, a coroner's inquest shall be held as
provided by law in other cases.
In cases where the deceased person was a recipient or client of any state
facility, and the fees for holding an inquest cannot be collected out of his
estate, such fees shall be paid by the Department.
(Source: P.A. 88-380.)
(405 ILCS 5/5-100A)
Sec. 5-100A. (Repealed).
(Source: P.A. 89-507, eff. 7-1-97. Repealed by P.A. 96-1235, eff. 1-1-11.)
(405 ILCS 5/5-101) (from Ch. 91 1/2, par. 5-101)
Sec. 5-101. 
		
		If any recipient of services leaves a facility without
being duly discharged or being free to do so, as provided in this Act, or if
any resident is placed on conditional discharge or temporarily released from
the facility and if such recipient is considered by the facility director to
be in such condition as to require immediate detention for the protection of
such recipient or other persons, then upon the request of the facility director
of the facility, any peace officer shall apprehend such recipient and return
him to the nearest Department facility which provides residential services.
The Department shall then arrange for the return of the recipient to the
appropriate facility.  The cost of returning a recipient whose absence from
a private facility or a Veterans Administration facility is unauthorized
shall be paid by such facility.  If the unauthorized absence is from a facility
of the Department, such cost shall be paid by the Department in accordance
with the fee schedule set forth in Section 19 of "An Act concerning fees and salaries,
and to classify the several counties of the state with reference
thereto", approved March 29, 1872, as now or hereafter amended.
(Source: P.A. 80-1414.)
(405 ILCS 5/5-102) (from Ch. 91 1/2, par. 5-102)
Sec. 5-102. 
		
		Persons who are not residents of this State may not be
detained in any facility unless admitted thereto in accordance with the laws
of this State, or of the state having jurisdiction of such persons.
A person who is not a resident of this State and who is admitted to a
Department facility for services may be returned by the Department to the
state of which he is a resident, but no such person may be returned unless
arrangements to receive him have been made in the state to which he is to be
returned.
The Department, subject to the approval of the Attorney General, may
enter into reciprocal agreements with corresponding agencies of other states
regarding the interstate transportation or transfer of recipients
and may arrange with the proper officials for the acceptance, transfer and
support of persons who are residents of this State but who are temporarily
detained or who are receiving services in public facilities of other states
in accordance with the terms of such agreements.  In the case of persons
brought to this State under any agreements authorized under this Section,
local peace officers may upon request of the Department receive and arrange
for admission of such persons pursuant to this Act.
(Source: P.A. 84-871.)
(405 ILCS 5/5-103) (from Ch. 91 1/2, par. 5-103)
Sec. 5-103. 
		
		The Department, or any health officer of this State or
any municipality where any person subject to involuntary admission or who
meets the standard for judicial admission may be, may inquire into the manner
in which any such person who is not a recipient of services in a state facility
is cared for and maintained.  Whenever the Department has reason to believe
that any person asserted or adjudged to be subject to involuntary admission or
to meet the standard for judicial admission is confined and may be wrongfully
deprived of his liberty, or is cruelly, negligently or improperly treated,
or that inadequate provision is made for his care, supervision and safekeeping,
it may ascertain the facts or may order an investigation of the facts.  The
Department, or any duly authorized representative of the Department, may at
any time visit and examine the persons in any place to ascertain if persons
subject to involuntary admission or who meet the standard for judicial
admission are kept therein.  The Secretary, or any duly
authorized representative of the Department conducting the investigation, may
administer oaths and issue
subpoenas requiring the attendance of and the giving of testimony by witnesses
and subpoenas duces tecum requiring the production of books, papers, records,
or memoranda.  All subpoenas issued under this Act may be served by any
person 18 years of age or older.  The fees of witnesses for attendance and
travel are the
same as the fees of witnesses before the circuit courts of this State.  Such
fees are to be paid when the witness is excused from further attendance.
When the witness is subpoenaed at the instance of the Department or any
officer or employee thereof, such fees shall be paid in the same manner as
other expenses of the Department, and when the witness is subpoenaed at the
instance of any other party to any such proceeding the Department may require
that the cost of service of the subpoena and the fee of the witness be borne
by such party.  In such case the Department, in its discretion, may require
a deposit to cover the cost of such service and witness fees.  A subpoena
issued under this Section must be served in the same manner as a subpoena
issued out of a court.
Any court of this State, upon the application of the Department or any
officer or employee thereof may compel the attendance of witnesses, the
production of books, papers, records, or memoranda and the giving of testimony
before the Department or any officer or employee thereof conducting an
investigation or holding a hearing authorized by this Act, by an attachment
for contempt, or otherwise, in the same manner as production of evidence may
be compelled before that court. The Department or any officer or employee
thereof, or any party interested in an investigation or hearing before the
Department, may cause the depositions of witnesses residing within or without
the State to be taken in the manner prescribed by law for like depositions
in civil actions in courts of this State and, to that end, compel the
attendance of witnesses and the production of books, papers, records or
memoranda.
Whenever the Department undertakes an investigation into the general
management and administration of any facility, it may give notice to the
Attorney General who shall appear personally or by an assistant and examine
witnesses who may be in attendance and otherwise represent the Department in
such investigation.
Any recipient's records or confidential communications disclosed under
this Section or under proceedings pursuant thereto shall not lose their
confidential and privileged character as established by the "Mental Health
and Developmental Disabilities Confidentiality Act", enacted by the 80th
General Assembly; such records or confidential communications shall not
be utilized for any other purpose nor be redisclosed or otherwise discoverable
except in connection with such investigation and proceedings pursuant thereto.
(Source: P.A. 89-507, eff. 7-1-97.)
(405 ILCS 5/5-104) (from Ch. 91 1/2, par. 5-104)
Sec. 5-104. 
		
		The Department may prescribe and publish rules and regulations
to carry out the purposes of this Act and to enforce the provisions this Act
and may alter, amend and supplement such rules and regulations relating to this
Act; but any person affected adversely by any order or ruling of the Department
is entitled to review as provided in Section 6-100 of this Act. Pending final
decision on such review, the acts, orders and rulings of the Department shall
remain in full force and effect unless modified or suspended by order of court
pending final judicial decision thereof.
The provisions of the Illinois Administrative Procedure Act are hereby
expressly adopted and shall apply to all administrative rules and procedures
of the Department under this Act, except that in case of conflict between
the Illinois Administrative Procedure Act and this Act the provisions of
this Act shall control, and except that Section 5-35 of the Illinois
Administrative Procedure Act relating to procedures for rule-making does
not apply to the adoption of any rule required by federal law in connection
with which the Department is precluded by law from exercising any discretion.
As part of such rules and regulations, the Department shall require
that any State operated facility and any community agency, whether public
or private, which provides mental health or developmental disabilities
services to any person shall, with respect to such person, use a uniform
case opening form approved by the Department.  The form shall require that
such person's Social Security number be obtained and stated among other
information requested.  The facility or agency may assign a case number to
each recipient of its services, and that number shall be provided to the
Department on any reports requested by the Department.
(Source: P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/5-105) (from Ch. 91 1/2, par. 5-105)
Sec. 5-105. 
Each recipient of services provided directly or funded by
the Department and the estate of that recipient is liable for the payment
of sums representing charges for services to the recipient at a rate to be
determined by the Department in accordance with this Act.  If a recipient
is a beneficiary of a trust described in Section 509 of the Illinois Trust Code, the trust shall not be considered a part of the recipient's
estate and shall not be subject to payment for services to the recipient
under this Section except to the extent permitted under Section 509 of the Illinois Trust Code. If the recipient is unable to pay or if the estate
of the recipient is insufficient, the responsible relatives are severally
liable for the payment of those sums or for the balance due in case less
than the amount prescribed under this Act has been paid.  If the recipient
is under the age of 18, the recipient and responsible relative shall be liable
for medical costs on a case-by-case basis for services for the diagnosis
and treatment of conditions other than that child's disabling condition.
The liability shall be the lesser of the cost of medical care or the
amount of responsible relative liability established by the Department
under Section 5-116.  Any person 18 through 21 years of age who is
receiving services under the Education for All Handicapped Children Act of
1975 (Public Law 94-142) or that person's responsible relative shall only
be liable for medical costs on a case-by-case basis for services for the
diagnosis and treatment of conditions other than the person's disabling
condition.  The liability shall be the lesser of the cost of medical care
or the amount of responsible relative liability established by the
Department under Section 5-116.  In the case of any person who has received
residential services from the Department, whether directly from the
Department or through a public or private agency or entity funded by the
Department, the liability shall be the same regardless of the source of
services. The maximum services charges for each recipient assessed against
responsible relatives collectively may not exceed financial liability
determined from income in accordance with Section 5-116. Where the
recipient is placed in a nursing home or other facility outside the
Department, the Department may pay the actual cost of services in that
facility and may collect reimbursement for the entire amount paid from the
recipient or an amount not to exceed those amounts determined under Section
5-116 from responsible relatives according to their proportionate ability
to contribute to those charges. The liability of each responsible relative
for payment of services charges ceases when payments on the basis of
financial ability have been made for a total of 12 years for any recipient,
and any portion of that 12 year period during which a responsible relative
has been determined by the Department to be financially unable to pay any
services charges must be included in fixing the total period of liability.
No child is liable under this Act for services to a parent. No spouse is
liable under this Act for the services to the other spouse who willfully
failed to contribute to the spouse's support for a period of 5 years
immediately preceding his or her admission. Any spouse claiming exemption
because of willful failure to support during any such 5 year period must
furnish the Department with clear and convincing evidence substantiating
the claim. No parent is liable under this Act for the services charges
incurred by a child after the child reaches the age of majority.  Nothing
in this Section shall preclude the Department from applying federal
benefits that are specifically provided for the care and treatment of a
person with a disability toward the cost of care provided by a State facility or
private agency.
(Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.)
(405 ILCS 5/5-106) (from Ch. 91 1/2, par. 5-106)
Sec. 5-106. 
		
		The rate at which sums for the services to recipients in a mental
health or developmental disabilities program of the Department is calculated
by the Department is the average per capita cost of the services to all such
recipients, such cost to be computed by the Department on the general average
per capita cost of operation of all State facilities for the fiscal year
immediately preceding the period of State care for which the rate is being
calculated, except the Department may, in its discretion, set the rate at a
lesser amount than such average per capita cost. The Department in its rules
and regulations may establish a maximum rate not to exceed the rate set by
the Office of Health Finance for the cost of services furnished to persons in
mental health or developmental disabilities programs involving residential
care. If a recipient is placed in a residential program or facility outside
the Department, the ability of responsible relatives to pay these costs shall
be determined under Section 5-116 of this Act. The Department
may supplement the contribution of these persons to private facilities after
all other sources of income have been utilized, provided responsible relatives
do not contribute to actual cost of services in excess of amounts charged to
responsible relatives as established under Section 5-116 of this Act. The
Department shall make an annual report to the Commission on Mental Health and
Developmental Disabilities setting forth proposed changes in rules and
regulations relating to Sections 5-105 through 5-115 and summarizing all
amounts expended by
the Department on behalf of recipients in private facilities. The Department
may pay the actual costs of services or maintenance in such facility and may
collect reimbursement for the entire amount paid from the recipient, or an
amount not to exceed the amount listed in Section 5-106 of this Act from
responsible relatives according to their proportionate ability to contribute
to such charges. Lesser or greater amounts may be accepted by the Department
when conditions warrant such action or when offered by persons not liable
under this Act. The amounts so received shall be deposited with the State
Treasurer and placed in the Mental Health Fund.
(Source: P.A. 83-578.)
(405 ILCS 5/5-107) (from Ch. 91 1/2, par. 5-107)
Sec. 5-107. Remittances from intermediary agencies under Title XVIII of
the Federal Social Security Act for services to persons in State facilities
shall be deposited with the State Treasurer and placed in the Mental Health
Fund. Payments received from the Department of Healthcare and Family Services under Title XIX
of the Federal Social Security Act for services to persons in State
facilities shall be deposited with the State Treasurer and shall be placed
in the General Revenue Fund.
The Auditor General shall audit or cause to be audited all amounts
collected by the Department.
(Source: P.A. 95-331, eff. 8-21-07.)
(405 ILCS 5/5-107.1) (from Ch. 91 1/2, par. 5-107.1)
Sec. 5-107.1. Remittances from or on behalf of licensed long-term care
facilities through Department of Healthcare and Family Services reimbursement and monies from
other funds for Day Training Programs for clients with a developmental
disability shall be deposited with the State Treasurer and placed in the Mental
Health Fund.
The Auditor General shall audit or cause to be audited all amounts
collected by the Department.
(Source: P.A. 95-331, eff. 8-21-07.)
(405 ILCS 5/5-107.2) (from Ch. 91 1/2, par. 5-107.2)
Sec. 5-107.2. 
		
		The Department shall charge, collect and receive fees or
money equivalent to the cost of providing Department personnel, equipment,
commodities and services
to other agencies and branches of State government, units of local
government or the federal government, on such terms and conditions as in
the judgment of the Secretary are in the best interest of the
State.
All services provided by the Department shall be conducted pursuant to
contracts in accordance with the Intergovernmental Cooperation Act.
(Source: P.A. 89-507, eff. 7-1-97.)
(405 ILCS 5/5-108) (from Ch. 91 1/2, par. 5-108)
Sec. 5-108. 
		
		The Department may investigate the financial condition of
each person liable under this Act, may make determinations of the
ability of each such person to pay sums representing services charges,
and for such purposes may set a standard as a basis of judgment of
ability to pay under Section 5-116 of this Act. The
Department shall by rule make provisions for unusual and exceptional
circumstances in the application of such standard. The Department may
issue to any person liable under this Act a statement of amount due as
treatment charges requiring him to pay monthly, quarterly or otherwise
as may be arranged, an amount not exceeding that required under this
Act, plus fees to which the Department may be entitled under the Act.
Whenever an individual is covered, in part or in whole,
under any type of insurance arrangement, private or public for services
provided by the Department, the proceeds from such insurance shall be
considered as part of the individual's ability to pay, notwithstanding
that the insurance contract was entered into by a person other than the
individual or notwithstanding that the premiums for such insurance were
paid for by a person other than the individual.
(Source: P.A. 83-578.)
(405 ILCS 5/5-108.1)
Sec. 5-108.1. 
		Exemption from charges. 
		Any recipient of services who is
participating in a research program conducted by the Psychiatric Institute
located at 1601 West Taylor Street, Chicago, Illinois, under an
intergovernmental agreement between the Board of Trustees of the University of
Illinois and the Department shall not be liable for any charges as set forth in
Sections 5-105, 5-106, and 5-107 of this Act.  This exemption shall apply only
to those charges incurred for services rendered at the Psychiatric Institute
located at 1601 West Taylor Street, Chicago, Illinois.
(Source: P.A. 89-552, eff. 7-26-96.)
(405 ILCS 5/5-108.2)
Sec. 5-108.2. Exemption from charges; veterans. Any veteran  who receives services provided by a State mental health facility that are not covered by the veteran's existing insurance plan shall not be liable for any charges as set forth in Sections 5-105, 5-106, and 5-107 of this Code. For purposes of this Section, "veteran" means an Illinois resident who is a veteran as defined under subsection (h) of Section 1491 of Title 10 of the United States Code.
(Source: P.A. 96-1013, eff. 7-8-10.)
(405 ILCS 5/5-109) (from Ch. 91 1/2, par. 5-109)
Sec. 5-109. 
		
		No admission of a recipient in a State facility may be limited or
conditioned in any manner by the financial status or ability to pay of the
recipient, the estate of the recipient, or any responsible relative of the
recipient.
(Source: P.A. 80-1414.)
(405 ILCS 5/5-110) (from Ch. 91 1/2, par. 5-110)
Sec. 5-110. 
		
		Services charges against responsible relatives take effect on
the date of admission or acceptance of the recipient for services or as soon
thereafter as each responsible relative's financial ability during the
period which the recipient receives services subjects him to liability for
charges as required under this Act. Payment in full by a responsible
relative of established services charges as provided in this Act constitutes
full discharge of the liability of such responsible relative, unless there has
been material misrepresentation in revealing the extent of financial resources.
(Source: P.A. 80-1414.)
(405 ILCS 5/5-111) (from Ch. 91 1/2, par. 5-111)
Sec. 5-111. 
		
		Any person who has been issued a Notice of Determination of sums
due as services charges may petition the Department for a review of that
determination.  The petition must be in writing and filed with the Department
within 90 days
from the date of the Notice of Determination. The Department shall provide
for a hearing to be held on the charges for the period covered by the petition.
The Department may after such hearing, cancel, modify or increase such former
determination to an amount not to exceed the maximum provided for such person
by this Act. The Department at its expense shall take testimony and
preserve a record of all proceedings at the hearing upon any petition for a
release from or modification of such determination. The petition and other
documents in the nature of pleadings and motions filed in the case, a
transcript of testimony, findings of the Department, and orders of the
Secretary
constitute the record.  The Secretary shall furnish a
transcript of such
record to any person upon payment therefor of 75¢ per page for each original
transcript and 25¢ per page for each copy thereof. Any person aggrieved by
the decision of the Department upon such hearing may, within 30 days
thereafter,
file a petition with the Department for review of such decision by the Board
of Reimbursement Appeals. The Board of Reimbursement Appeals may approve
action taken by the Department or may remand the case to the Secretary with
recommendations for redetermination of charges.
(Source: P.A. 89-507, eff. 7-1-97.)
(405 ILCS 5/5-112) (from Ch. 91 1/2, par. 5-112)
Sec. 5-112. 
		
		A Board of Reimbursement Appeals, consisting of 3 persons
appointed by
the Governor, is created to review decisions of the Department under Sections
5-105 through 5-115 of this Act. Board members shall serve for terms of
3 years commencing January 1
of the year their appointment becomes effective and continuing until their
successors are appointed and qualified.  All Board members appointed under
law prior to the effective date of this Act shall serve until the expiration
of the terms for which they were appointed and until their successors are
appointed and qualified.  All Board members shall
take and subscribe to the constitutional oath of office and file it with the
Secretary of State. They shall receive no compensation but the Department
shall reimburse them for expenses necessarily incurred in the performance of
their duties. Persons appointed as Board members may have no other connection
or duties with the Department.
(Source: P.A. 80-1414.)
(405 ILCS 5/5-113) (from Ch. 91 1/2, par. 5-113)
Sec. 5-113. 
		
		Upon receiving a petition for review under Section 5-111, the Department
shall thereupon notify the Board of Reimbursement Appeals which shall render
its decision thereon within 30 days after the petition is filed and certify
such decision to the Department. Concurrence of a majority of the Board is
necessary in any such decision. Upon request of the Department, the State's
Attorney of the county in which a responsible relative or a recipient who is
liable under this Act for payment of sums representing services charges
resides, shall institute appropriate legal action against any such responsible
relative, or the recipient, or within the time provided by law shall file a
claim against the estate of such recipient who fails or refuses to pay those
charges. The court shall order the payment of sums due for services charges
for such period or periods of time as the circumstances require, except that
no responsible relative may be held liable for charges for services furnished
to a recipient if such charges were assessed more than 5 years prior to the
time the action is filed; but such 5 year limitation does not apply to the
liability of a recipient or recipient's estate. Such order may be entered
against any or all such defendants and may be based upon the proportionate
ability of each defendant to contribute to the payment of sums representing
services charges including the actual charges for services in facilities
outside the Department where the Department has paid such charges. Orders
for the payment of money may be enforced by attachment as for contempt
against the persons of the defendants and, in addition, as other judgments
for the payment of money, and costs may be adjudged against the defendants
and apportioned
among them.
(Source: P.A. 80-1414.)
(405 ILCS 5/5-114) (from Ch. 91 1/2, par. 5-114)
Sec. 5-114. 
		
		A decedent's representative who has actual knowledge that the
decedent has been a recipient in a State facility shall notify the Department
of the death of the decedent and, if the representative has been
appointed by a court, shall furnish the Department with a copy of his letters
of office. Within the time allowed by law for the
filing of claims,
the Department may file a claim against the decedent's estate for any balance
due for services charges by the decedent while a recipient. Such claim shall
be allowed and paid as other lawful claims against the estate. Nothing
contained in this Section imposes upon the legal representative any personal
liability for the payment of any amount so due or claimed to be due.
As used in this Section, " representative" means executor or
administrator of the decedent's estate or anyone holding assets of the
decedent.
(Source: P.A. 83-388.)
(405 ILCS 5/5-115) (from Ch. 91 1/2, par. 5-115)
Sec. 5-115. 
		
		In case any recipient, the estate of any recipient, or the responsible
relatives of such recipient are unable to pay the services charges for the
recipient provided for by this Act, then the cost of services of such recipient
shall be borne by the State, but the cost of clothing, transportation and
other incidental expenses not constituting any part of the services shall
be defrayed at the expense of the recipient, or the estate of the recipient,
or the responsible relatives of the recipient, or of the county of his residence,
except that the county is not required to defray expense of clothing.  No
child is liable under this Act for clothing, transportation, or other incidental
expenses of a parent
and no spouse is liable under this Act for clothing, transportation or other
incidental expenses of a spouse who wilfully failed to contribute to the
spouse's support for a period of 5 years immediately preceding the maintenance,
such spouse being in need of support or maintenance for hospitalization,
however.  No parent is liable under this Act for the services charges incurred
by a child after such child reaches the age of majority.
(Source: P.A. 80-1414.)
(405 ILCS 5/5-116) (from Ch. 91 1/2, par. 5-116)
Sec. 5-116. 
		Standard and Regulations for Determining Ability to Support. 
		
The Department shall establish a standard by which shall be measured the
ability of responsible relatives to provide support, and shall implement
the standard by rules governing its application.  The standard and the rules
shall take into account the buying and consumption patterns of self-supporting
persons of modest income, present or future contingencies having direct
bearing on maintenance of the relative's self-support status and fulfillment
of his obligations to his immediate family, and any unusual or exceptional
circumstances including estrangement or other personal or social factors,
that have a bearing on family relationships and the relative's ability to
meet his support obligations.  The standard shall be recomputed periodically
to reflect changes in the cost of living and other pertinent factors.
(Source: P.A. 83-578.)
(405 ILCS 5/5-117) (from Ch. 91 1/2, par. 5-117)
Sec. 5-117. 
		
		The Attorney General shall defend all civil actions and
proceedings against any employee or agent of the Department arising out of
official duties in
connection
with the apprehension, transportation, examination, services, detention or
discharge of any individual under this Act, in any of the courts of this State
or in federal court.
(Source: P.A. 91-726, eff. 6-2-00.)