Public Act 100-1188
 
SB3102 EnrolledLRB100 18714 JLS 33947 b


  
    AN ACT concerning business.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Consumer Fraud and Deceptive Business 
Practices Act is amended  by changing Section 2VVV as follows:
 
    (815 ILCS 505/2VVV)
    Sec. 2VVV. Deceptive marketing, advertising, and sale of 
mental health disorder and substance use disorder treatment.
    (a) As used in this Section:
    "Facility" has the meaning ascribed to that term in Section 
1-10 of the Substance Use Disorder Alcoholism and Other Drug 
Abuse and Dependency Act when used in reference to a facility 
that provides substance use disorder treatment. "Facility" has 
the same meaning as "mental health facility" under Section 
1-114 of the Mental Health and Developmental Disabilities Code 
when used in reference to a facility that provides mental 
health disorder treatment. 
    "Hospital affiliate" has the meaning ascribed to that term 
in Section 10.8 of the Hospital Licensing Act. 
    "Mental health disorder" has the same meaning as "mental 
illness" under Section 1-129 of the Mental Health and 
Developmental Disabilities Code. 
    "Program" means a licensable or fundable activity or

service, or a coordinated range of such activities or services, 
established or licensed by the Department of Human Services. 
has the meaning ascribed to that term in Section 1-10 of the 
Alcoholism and Other Drug Abuse and Dependency Act. 
    "Substance use disorder" has the same meaning as "substance 
abuse" under Section 1-10 of the Substance Use Disorder 
Alcoholism and Other Drug Abuse and Dependency Act. 
    "Treatment" has the meaning ascribed to that term in 
Section 1-10 of the Substance Use Disorder Alcoholism and Other 
Drug Abuse and Dependency Act when used in reference to 
treatment for a substance use disorder. "Treatment" has the 
meaning ascribed to that term in Section 1-128 of the Mental 
Health and Developmental Disabilities Code when used in 
reference to treatment for a mental health disorder. 
    (b) It is an unlawful practice for any person to engage in 
misleading or false advertising or promotion that 
misrepresents the need to seek mental health disorder or 
substance use disorder treatment outside of the State of 
Illinois. 
    (c) Any marketing, advertising, promotional, or sales 
materials directed to Illinois residents concerning mental 
health disorder or substance use disorder treatment must: 
        (1) prominently display or announce the full physical 
    address of the treatment program or facility;
        (2) display whether the treatment program or facility 
    is licensed in the State of Illinois;
        (3) display whether the treatment program or facility 
    has locations in Illinois; 
        (4) display whether the services provided by the 
    treatment program or facility are covered by an insurance 
    policy issued to an Illinois resident; 
        (5) display whether the treatment program or facility 
    is an in-network or out-of-network provider; 
        (6) include a link to the Internet website for the 
    Department of Human Services' Division of Mental Health and 
    Division of Substance Use Prevention and Recovery 
    Alcoholism and Substance Abuse, or any successor State 
    agency that provides information regarding licensed 
    providers of services; and 
        (7) disclose that mental health disorder and substance 
    use disorder treatment may be available at a reduced cost 
    or for free for Illinois residents within the State of 
    Illinois. 
    (d) It is an unlawful practice for any person to enter into 
an arrangement under which a patient seeking mental health 
disorder or substance use disorder treatment is referred to a 
mental health disorder or substance use disorder treatment 
program or facility in exchange for a fee, a percentage of the 
treatment program's or facility's revenues that are related to 
the patient, or any other remuneration that takes into account 
the volume or value of the referrals to the treatment program 
or facility. Such practice shall also be considered a violation 
of the prohibition against fee splitting in Section 22.2 of the 
Medical Practice Act of 1987 and a violation of the Health Care 
Worker Self-Referral Act. This Section does not apply to health 
insurance companies, health maintenance organizations, managed 
care plans, or organizations, including hospitals and hospital 
affiliates licensed in Illinois. 

(Source: P.A. 100-1058, eff. 1-1-19; revised 10-9-18.)

 
    Section 99. Effective date. This Act takes effect upon 
becoming law.