Bill Text: IL HB4541 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Community Mental Health Act. In provisions concerning the election of officers to a community mental health board, provides that, if the community mental health board has already held or scheduled an election to take place prior to July 1, an additional election is not required on the basis of the appointment or reappointment of a member to the community mental health board.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-31 - Referred to Rules Committee [HB4541 Detail]

Download: Illinois-2023-HB4541-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4541 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
405 ILCS 20/3e from Ch. 91 1/2, par. 303e
Amends the Community Mental Health Act. In provisions concerning the election of officers to a community mental health board, provides that, if the community mental health board has already held or scheduled an election to take place prior to July 1, an additional election is not required on the basis of the appointment or reappointment of a member to the community mental health board.
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A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Community Mental Health Act is amended by
changing Section 3e as follows:
(405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e)
Sec. 3e. Board's powers and duties.
(1) Every community mental health board shall, within 30
days after members are first appointed and within 30 days
after members are appointed or reappointed upon the expiration
of a member's term, meet and organize, by the election of one
of its number as president and one as secretary and such other
officers as it may deem necessary. It shall make rules and
regulations concerning the rendition or operation of services
and facilities which it directs, supervises or funds, not
inconsistent with the provisions of this Act. It shall:
(a) Hold a meeting prior to July 1 of each year at
which officers shall be elected for the ensuing year
beginning July 1. If the community mental health board has
already held or scheduled an election to take place prior
to July 1, an additional election is not required on the
basis of the appointment or reappointment of a member to
the community mental health board;

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(b) Hold meetings at least quarterly;
(c) Hold special meetings upon a written request
signed by at least 2 members and filed with the secretary;
(d) Review and evaluate community mental health
services and facilities, including services and facilities
for the treatment of alcoholism, drug addiction,
developmental disabilities, and intellectual
disabilities;
(e) Authorize the disbursement of money from the
community mental health fund for payment for the ordinary
and contingent expenses of the board;
(f) Submit to the appointing officer and the members
of the governing body a written plan for a program of
community mental health services and facilities for
persons with a mental illness, a developmental disability,
or a substance use disorder. Such plan shall be for the
ensuing 12 month period. In addition, a plan shall be
developed for the ensuing 3 year period and such plan
shall be reviewed at the end of every 12 month period and
shall be modified as deemed advisable.
(g) Within amounts appropriated therefor, execute such
programs and maintain such services and facilities as may
be authorized under such appropriations, including amounts
appropriated under bond issues, if any;
(h) Publish the annual budget and report within 120
days after the end of the fiscal year in a newspaper

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distributed within the jurisdiction of the board, or, if
no newspaper is published within the jurisdiction of the
board, then one published in the county, or, if no
newspaper is published in the county, then in a newspaper
having general circulation within the jurisdiction of the
board. The report shall show the condition of its trust of
that year, the sums of money received from all sources,
giving the name of any donor, how all monies have been
expended and for what purpose, and such other statistics
and program information in regard to the work of the board
as it may deem of general interest. A copy of the budget
and the annual report shall be made available to the
Department of Human Services and to members of the General
Assembly whose districts include any part of the
jurisdiction of such board. The names of all employees,
consultants, and other personnel shall be set forth along
with the amounts of money received;
(i) Consult with other appropriate private and public
agencies in the development of local plans for the most
efficient delivery of mental health, developmental
disabilities, and substance use disorder services. The
Board is authorized to join and to participate in the
activities of associations organized for the purpose of
promoting more efficient and effective services and
programs;
(j) Have the authority to review and comment on all

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applications for grants by any person, corporation, or
governmental unit providing services within the
geographical area of the board which provides mental
health facilities and services, including services for the
person with a mental illness, a developmental disability,
or a substance use disorder. The board may require funding
applicants to send a copy of their funding application to
the board at the time such application is submitted to the
Department of Human Services or to any other local, State
or federal funding source or governmental agency. Within
60 days of the receipt of any application, the board shall
submit its review and comments to the Department of Human
Services or to any other appropriate local, State or
federal funding source or governmental agency. A copy of
the review and comments shall be submitted to the funding
applicant. Within 60 days thereafter, the Department of
Human Services or any other appropriate local or State
governmental agency shall issue a written response to the
board and the funding applicant. The Department of Human
Services shall supply any community mental health board
such information about purchase-of-care funds, State
facility utilization, and costs in its geographical area
as the board may request provided that the information
requested is for the purpose of the Community Mental
Health Board complying with the requirements of Section
3f, subsection (f) of this Act;

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(k) Perform such other acts as may be necessary or
proper to carry out the purposes of this Act.
(2) The community mental health board has the following
powers:
(a) The board may enter into multiple-year contracts
for rendition or operation of services, facilities and
educational programs.
(b) The board may arrange through intergovernmental
agreements or intragovernmental agreements or both for the
rendition of services and operation of facilities by other
agencies or departments of the governmental unit or county
in which the governmental unit is located with the
approval of the governing body.
(c) To employ, establish compensation for, and set
policies for its personnel, including legal counsel, as
may be necessary to carry out the purposes of this Act and
prescribe the duties thereof. The board may enter into
multiple-year employment contracts as may be necessary for
the recruitment and retention of personnel and the proper
functioning of the board.
(d) The board may enter into multiple-year joint
agreements, which shall be written, with other mental
health boards and boards of health to provide jointly
agreed upon community mental health facilities and
services and to pool such funds as may be deemed necessary
and available for this purpose.

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(e) The board may organize a not-for-profit
corporation for the purpose of providing direct recipient
services. Such corporations shall have, in addition to all
other lawful powers, the power to contract with persons to
furnish services for recipients of the corporation's
facilities, including psychiatrists and other physicians
licensed in this State to practice medicine in all of its
branches. Such physicians shall be considered independent
contractors, and liability for any malpractice shall not
extend to such corporation, nor to the community mental
health board, except for gross negligence in entering into
such a contract.
(f) The board shall not operate any direct recipient
services for more than a 2-year period when such services
are being provided in the governmental unit, but shall
encourage, by financial support, the development of
private agencies to deliver such needed services, pursuant
to regulations of the board.
(g) Where there are multiple boards within the same
planning area, as established by the Department of Human
Services, services may be purchased through a single
delivery system. In such areas, a coordinating body with
representation from each board shall be established to
carry out the service functions of this Act. In the event
any such coordinating body purchases or improves real
property, such body shall first obtain the approval of the

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governing bodies of the governmental units in which the
coordinating body is located.
(h) The board may enter into multiple-year joint
agreements with other governmental units located within
the geographical area of the board. Such agreements shall
be written and shall provide for the rendition of services
by the board to the residents of such governmental units.
(i) The board may enter into multiple-year joint
agreements with federal, State, and local governments,
including the Department of Human Services, whereby the
board will provide certain services. All such joint
agreements must provide for the exchange of relevant data.
However, nothing in this Act shall be construed to permit
the abridgement of the confidentiality of patient records.
(j) The board may receive gifts from private sources
for purposes not inconsistent with the provisions of this
Act.
(k) The board may receive Federal, State and local
funds for purposes not inconsistent with the provisions of
this Act.
(l) The board may establish scholarship programs. Such
programs shall require equivalent service or reimbursement
pursuant to regulations of the board.
(m) The board may sell, rent, or lease real property
for purposes consistent with this Act.
(n) The board may: (i) own real property, lease real

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