|
problem to prevent worsening of the condition and the use of |
substances for purposes of self-medication. |
(5) Illinois' mental health system for children and young |
adults must align with system of care principles, which were |
developed by The Georgetown University Center for Child and |
Human Development and are the nationally recognized best |
practices for developing a strong treatment system. |
(6) This Act contains many of the crucial elements that |
Illinois requires for building an appropriate service delivery |
system and for coverage of a comprehensive array of services |
through private insurance. |
Section 10. The State Employees Group Insurance Act of 1971 |
is amended by changing Section 6.11 as follows:
|
(5 ILCS 375/6.11)
|
(Text of Section before amendment by P.A. 100-1170 ) |
Sec. 6.11. Required health benefits; Illinois Insurance |
Code
requirements. The program of health
benefits shall provide |
the post-mastectomy care benefits required to be covered
by a |
policy of accident and health insurance under Section 356t of |
the Illinois
Insurance Code. The program of health benefits |
shall provide the coverage
required under Sections 356g, |
356g.5, 356g.5-1, 356m,
356u, 356w, 356x, 356z.2, 356z.4, |
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, |
356z.14, 356z.15, 356z.17, 356z.22, 356z.25, and 356z.26, and |
|
356z.29 , 356z.32, and 356z.33 of the
Illinois Insurance Code.
|
The program of health benefits must comply with Sections |
155.22a, 155.37, 355b, 356z.19, 370c, and 370c.1 of the
|
Illinois Insurance Code. The Department of Insurance shall |
enforce the requirements of this Section.
|
Rulemaking authority to implement Public Act 95-1045, if |
any, is conditioned on the rules being adopted in accordance |
with all provisions of the Illinois Administrative Procedure |
Act and all rules and procedures of the Joint Committee on |
Administrative Rules; any purported rule not so adopted, for |
whatever reason, is unauthorized. |
(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17; |
100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff. |
1-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised |
1-8-19.) |
(Text of Section after amendment by P.A. 100-1170 ) |
Sec. 6.11. Required health benefits; Illinois Insurance |
Code
requirements. The program of health
benefits shall provide |
the post-mastectomy care benefits required to be covered
by a |
policy of accident and health insurance under Section 356t of |
the Illinois
Insurance Code. The program of health benefits |
shall provide the coverage
required under Sections 356g, |
356g.5, 356g.5-1, 356m,
356u, 356w, 356x, 356z.2, 356z.4, |
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, |
356z.14, 356z.15, 356z.17, 356z.22, 356z.25, 356z.26, 356z.29, |
|
and 356z.32 , and 356z.33 of the
Illinois Insurance Code.
The |
program of health benefits must comply with Sections 155.22a, |
155.37, 355b, 356z.19, 370c, and 370c.1 of the
Illinois |
Insurance Code. The Department of Insurance shall enforce the |
requirements of this Section with respect to Sections 370c and |
370c.1 of the Illinois Insurance Code; all other requirements |
of this Section shall be enforced by the Department of Central |
Management Services.
|
Rulemaking authority to implement Public Act 95-1045, if |
any, is conditioned on the rules being adopted in accordance |
with all provisions of the Illinois Administrative Procedure |
Act and all rules and procedures of the Joint Committee on |
Administrative Rules; any purported rule not so adopted, for |
whatever reason, is unauthorized. |
(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17; |
100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff. |
1-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; |
100-1170, eff. 6-1-19.) |
Section 15. The Counties Code is amended by changing |
Section 5-1069.3 as follows: |
(55 ILCS 5/5-1069.3)
|
Sec. 5-1069.3. Required health benefits. If a county, |
including a home
rule
county, is a self-insurer for purposes of |
providing health insurance coverage
for its employees, the |
|
coverage shall include coverage for the post-mastectomy
care |
benefits required to be covered by a policy of accident and |
health
insurance under Section 356t and the coverage required |
under Sections 356g, 356g.5, 356g.5-1, 356u,
356w, 356x, |
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, |
356z.14, 356z.15, 356z.22, 356z.25, and 356z.26, and 356z.29 , |
356z.32, and 356z.33 of
the Illinois Insurance Code. The |
coverage shall comply with Sections 155.22a, 355b, 356z.19, and |
370c of
the Illinois Insurance Code. The Department of |
Insurance shall enforce the requirements of this Section. The |
requirement that health benefits be covered
as provided in this |
Section is an
exclusive power and function of the State and is |
a denial and limitation under
Article VII, Section 6, |
subsection (h) of the Illinois Constitution. A home
rule county |
to which this Section applies must comply with every provision |
of
this Section.
|
Rulemaking authority to implement Public Act 95-1045, if |
any, is conditioned on the rules being adopted in accordance |
with all provisions of the Illinois Administrative Procedure |
Act and all rules and procedures of the Joint Committee on |
Administrative Rules; any purported rule not so adopted, for |
whatever reason, is unauthorized. |
(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17; |
100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff. |
1-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised |
10-3-18.) |
|
Section 20. The Illinois Municipal Code is amended by |
changing Section 10-4-2.3 as follows: |
(65 ILCS 5/10-4-2.3)
|
Sec. 10-4-2.3. Required health benefits. If a |
municipality, including a
home rule municipality, is a |
self-insurer for purposes of providing health
insurance |
coverage for its employees, the coverage shall include coverage |
for
the post-mastectomy care benefits required to be covered by |
a policy of
accident and health insurance under Section 356t |
and the coverage required
under Sections 356g, 356g.5, |
356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10, |
356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, |
and 356z.26, and 356z.29 , 356z.32, and 356z.33 of the Illinois
|
Insurance
Code. The coverage shall comply with Sections |
155.22a, 355b, 356z.19, and 370c of
the Illinois Insurance |
Code. The Department of Insurance shall enforce the |
requirements of this Section. The requirement that health
|
benefits be covered as provided in this is an exclusive power |
and function of
the State and is a denial and limitation under |
Article VII, Section 6,
subsection (h) of the Illinois |
Constitution. A home rule municipality to which
this Section |
applies must comply with every provision of this Section.
|
Rulemaking authority to implement Public Act 95-1045, if |
any, is conditioned on the rules being adopted in accordance |
|
with all provisions of the Illinois Administrative Procedure |
Act and all rules and procedures of the Joint Committee on |
Administrative Rules; any purported rule not so adopted, for |
whatever reason, is unauthorized. |
(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17; |
100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff. |
1-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised |
10-4-18.) |
Section 25. The School Code is amended by changing Section |
10-22.3f as follows: |
(105 ILCS 5/10-22.3f)
|
Sec. 10-22.3f. Required health benefits. Insurance |
protection and
benefits
for employees shall provide the |
post-mastectomy care benefits required to be
covered by a |
policy of accident and health insurance under Section 356t and |
the
coverage required under Sections 356g, 356g.5, 356g.5-1, |
356u, 356w, 356x,
356z.6, 356z.8, 356z.9, 356z.11, 356z.12, |
356z.13, 356z.14, 356z.15, 356z.22, 356z.25, and 356z.26, and |
356z.29 , 356z.32, and 356z.33 of
the
Illinois Insurance Code.
|
Insurance policies shall comply with Section 356z.19 of the |
Illinois Insurance Code. The coverage shall comply with |
Sections 155.22a, 355b, and 370c of
the Illinois Insurance |
Code. The Department of Insurance shall enforce the |
requirements of this Section.
|
|
Rulemaking authority to implement Public Act 95-1045, if |
any, is conditioned on the rules being adopted in accordance |
with all provisions of the Illinois Administrative Procedure |
Act and all rules and procedures of the Joint Committee on |
Administrative Rules; any purported rule not so adopted, for |
whatever reason, is unauthorized. |
(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17; |
100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff. |
1-1-19; 100-1102, eff. 1-1-19; revised 10-4-18.) |
Section 30. The Illinois Insurance Code is amended by |
adding Section 356z.33 as follows: |
(215 ILCS 5/356z.33 new) |
Sec. 356z.33. Coverage of treatment models for early |
treatment of serious mental illnesses. |
(a) For purposes of early treatment of a serious mental |
illness in a child or young adult under age 26, a group or |
individual policy of accident and health insurance, or managed |
care plan, that is amended, delivered, issued, or renewed after |
December 31, 2020 shall provide coverage of the following |
bundled, evidence-based treatment: |
(1) Coordinated specialty care for first episode |
psychosis treatment, covering the elements of the |
treatment model included in the most recent national |
research trials conducted by the National Institute of |
|
Mental Health in the Recovery After an Initial |
Schizophrenia Episode (RAISE) trials for psychosis |
resulting from a serious mental illness, but excluding the |
components of the treatment model related to education and |
employment support. |
(2) Assertive community treatment (ACT) and community |
support team (CST) treatment. The elements of ACT and CST |
to be covered shall include those covered under Article V |
of the Illinois Public Aid Code, through 89 Ill. Adm. Code |
140.453(d)(4). |
(b) Adherence to the clinical models. For purposes of |
ensuring adherence to the coordinated specialty care for first |
episode psychosis treatment model, only providers contracted |
with the Department of Human Services' Division of Mental |
Health to be FIRST.IL providers to deliver coordinated |
specialty care for first episode psychosis treatment shall be |
permitted to provide such treatment in accordance with this |
Section and such providers must adhere to the fidelity of the |
treatment model. For purposes of ensuring fidelity to ACT and |
CST, only providers certified to provide ACT and CST by the |
Department of Human Services' Division of Mental Health and |
approved to provide ACT and CST by the Department of Healthcare |
and Family Services, or its designee, in accordance with 89 |
Ill. Adm. Code 140, shall be permitted to provide such services |
under this Section and such providers shall be required to |
adhere to the fidelity of the models. |
|
(c) Development of medical necessity criteria for |
coverage. Within 6 months after the effective date of this |
amendatory Act of the 101st General Assembly, the Department of |
Insurance shall lead and convene a workgroup that includes the |
Department of Human Services' Division of Mental Health, the |
Department of Healthcare and Family Services, providers of the |
treatment models listed in this Section, and insurers operating |
in Illinois to develop medical necessity criteria for such |
treatment models for purposes of coverage under this Section. |
The workgroup shall use the medical necessity criteria the |
State and other states use as guidance for establishing medical |
necessity for insurance coverage. The Department of Insurance |
shall adopt a rule that defines medical necessity for each of |
the 3 treatment models listed in this Section by no later than |
June 30, 2020 based on the workgroup's recommendations. |
(d) For purposes of credentialing the mental health |
professionals and other medical professionals that are part of |
a coordinated specialty care for first episode psychosis |
treatment team, an ACT team, or a CST team, the credentialing |
of the psychiatrist or the licensed clinical leader of the |
treatment team shall qualify all members of the treatment team |
to be credentialed with the insurer. |
(e) Payment for the services performed under the treatment |
models listed in this Section shall be based on a bundled |
treatment model or payment, rather than payment for each |
separate service delivered by a treatment team member. By no |
|
later than 6 months after the effective date of this amendatory |
Act of the 101st General Assembly, the Department of Insurance |
shall convene a workgroup of Illinois insurance companies and |
Illinois mental health treatment providers that deliver the |
bundled treatment approaches listed in this Section to |
determine a coding solution that allows for these bundled |
treatment models to be coded and paid for as a bundle of |
services, similar to intensive outpatient treatment where |
multiple services are covered under one billing code or a |
bundled set of billing codes. The coding solution shall ensure |
that services delivered using coordinated specialty care for |
first episode psychosis treatment, ACT, or CST are provided and |
billed as a bundled service, rather than for each individual |
service provided by a treatment team member, which would |
deconstruct the evidence-based practice. The coding solution |
shall be reached prior to coverage, which shall begin for plans |
amended, delivered, issued, or renewed after December 31, 2020, |
to ensure coverage of the treatment team approaches as intended |
by this Section. |
(f) If, at any time, the Secretary of the United States |
Department of Health and Human Services, or its successor |
agency, adopts rules or regulations to be published in the |
Federal Register or publishes a comment in the Federal Register |
or issues an opinion, guidance, or other action that would |
require the State, under any provision of the Patient |
Protection and Affordable Care Act (P.L. 111-148), including, |
|
but not limited to, 42 U.S.C. 18031(d)(3)(b), or any successor |
provision, to defray the cost of any coverage for serious |
mental illnesses or serious emotional disturbances outlined in |
this Section, then the requirement that a group or individual |
policy of accident and health insurance or managed care plan |
cover the bundled treatment approaches listed in this Section |
is inoperative other than any such coverage authorized under |
Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and |
the State shall not assume any obligation for the cost of the |
coverage. |
(g) After 5 years following full implementation of this |
Section, if requested by an insurer, the Department of |
Insurance shall contract with an independent third party with |
expertise in analyzing health insurance premiums and costs to |
perform an independent analysis of the impact coverage of the |
team-based treatment models listed in this Section has had on |
insurance premiums in Illinois. If premiums increased by more |
than 1% annually solely due to coverage of these treatment |
models, coverage of these models shall no longer be required. |
(h) The Department of Insurance shall adopt any rules |
necessary to implement the provisions of this Section by no |
later than June 30, 2020. |
Section 35. The Health Maintenance Organization Act is |
amended by changing Section 5-3 as follows:
|
|
(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
|
Sec. 5-3. Insurance Code provisions.
|
(a) Health Maintenance Organizations
shall be subject to |
the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
|
141.2, 141.3, 143, 143c, 147, 148, 149, 151,
152, 153, 154, |
154.5, 154.6,
154.7, 154.8, 155.04, 155.22a, 355.2, 355.3, |
355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y,
356z.2, 356z.4, |
356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, |
356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19, 356z.21, |
356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 356z.33, |
364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, |
368e, 370c,
370c.1, 401, 401.1, 402, 403, 403A,
408, 408.2, |
409, 412, 444,
and
444.1,
paragraph (c) of subsection (2) of |
Section 367, and Articles IIA, VIII 1/2,
XII,
XII 1/2, XIII, |
XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
|
(b) For purposes of the Illinois Insurance Code, except for |
Sections 444
and 444.1 and Articles XIII and XIII 1/2, Health |
Maintenance Organizations in
the following categories are |
deemed to be "domestic companies":
|
(1) a corporation authorized under the
Dental Service |
Plan Act or the Voluntary Health Services Plans Act;
|
(2) a corporation organized under the laws of this |
State; or
|
(3) a corporation organized under the laws of another |
state, 30% or more
of the enrollees of which are residents |
of this State, except a
corporation subject to |
|
substantially the same requirements in its state of
|
organization as is a "domestic company" under Article VIII |
1/2 of the
Illinois Insurance Code.
|
(c) In considering the merger, consolidation, or other |
acquisition of
control of a Health Maintenance Organization |
pursuant to Article VIII 1/2
of the Illinois Insurance Code,
|
(1) the Director shall give primary consideration to |
the continuation of
benefits to enrollees and the financial |
conditions of the acquired Health
Maintenance Organization |
after the merger, consolidation, or other
acquisition of |
control takes effect;
|
(2)(i) the criteria specified in subsection (1)(b) of |
Section 131.8 of
the Illinois Insurance Code shall not |
apply and (ii) the Director, in making
his determination |
with respect to the merger, consolidation, or other
|
acquisition of control, need not take into account the |
effect on
competition of the merger, consolidation, or |
other acquisition of control;
|
(3) the Director shall have the power to require the |
following
information:
|
(A) certification by an independent actuary of the |
adequacy
of the reserves of the Health Maintenance |
Organization sought to be acquired;
|
(B) pro forma financial statements reflecting the |
combined balance
sheets of the acquiring company and |
the Health Maintenance Organization sought
to be |
|
acquired as of the end of the preceding year and as of |
a date 90 days
prior to the acquisition, as well as pro |
forma financial statements
reflecting projected |
combined operation for a period of 2 years;
|
(C) a pro forma business plan detailing an |
acquiring party's plans with
respect to the operation |
of the Health Maintenance Organization sought to
be |
acquired for a period of not less than 3 years; and
|
(D) such other information as the Director shall |
require.
|
(d) The provisions of Article VIII 1/2 of the Illinois |
Insurance Code
and this Section 5-3 shall apply to the sale by |
any health maintenance
organization of greater than 10% of its
|
enrollee population (including without limitation the health |
maintenance
organization's right, title, and interest in and to |
its health care
certificates).
|
(e) In considering any management contract or service |
agreement subject
to Section 141.1 of the Illinois Insurance |
Code, the Director (i) shall, in
addition to the criteria |
specified in Section 141.2 of the Illinois
Insurance Code, take |
into account the effect of the management contract or
service |
agreement on the continuation of benefits to enrollees and the
|
financial condition of the health maintenance organization to |
be managed or
serviced, and (ii) need not take into account the |
effect of the management
contract or service agreement on |
competition.
|
|
(f) Except for small employer groups as defined in the |
Small Employer
Rating, Renewability and Portability Health |
Insurance Act and except for
medicare supplement policies as |
defined in Section 363 of the Illinois
Insurance Code, a Health |
Maintenance Organization may by contract agree with a
group or |
other enrollment unit to effect refunds or charge additional |
premiums
under the following terms and conditions:
|
(i) the amount of, and other terms and conditions with |
respect to, the
refund or additional premium are set forth |
in the group or enrollment unit
contract agreed in advance |
of the period for which a refund is to be paid or
|
additional premium is to be charged (which period shall not |
be less than one
year); and
|
(ii) the amount of the refund or additional premium |
shall not exceed 20%
of the Health Maintenance |
Organization's profitable or unprofitable experience
with |
respect to the group or other enrollment unit for the |
period (and, for
purposes of a refund or additional |
premium, the profitable or unprofitable
experience shall |
be calculated taking into account a pro rata share of the
|
Health Maintenance Organization's administrative and |
marketing expenses, but
shall not include any refund to be |
made or additional premium to be paid
pursuant to this |
subsection (f)). The Health Maintenance Organization and |
the
group or enrollment unit may agree that the profitable |
or unprofitable
experience may be calculated taking into |
|
account the refund period and the
immediately preceding 2 |
plan years.
|
The Health Maintenance Organization shall include a |
statement in the
evidence of coverage issued to each enrollee |
describing the possibility of a
refund or additional premium, |
and upon request of any group or enrollment unit,
provide to |
the group or enrollment unit a description of the method used |
to
calculate (1) the Health Maintenance Organization's |
profitable experience with
respect to the group or enrollment |
unit and the resulting refund to the group
or enrollment unit |
or (2) the Health Maintenance Organization's unprofitable
|
experience with respect to the group or enrollment unit and the |
resulting
additional premium to be paid by the group or |
enrollment unit.
|
In no event shall the Illinois Health Maintenance |
Organization
Guaranty Association be liable to pay any |
contractual obligation of an
insolvent organization to pay any |
refund authorized under this Section.
|
(g) Rulemaking authority to implement Public Act 95-1045, |
if any, is conditioned on the rules being adopted in accordance |
with all provisions of the Illinois Administrative Procedure |
Act and all rules and procedures of the Joint Committee on |
Administrative Rules; any purported rule not so adopted, for |
whatever reason, is unauthorized. |
(Source: P.A. 99-761, eff. 1-1-18; 100-24, eff. 7-18-17; |
100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1026, eff. |
|
8-22-18; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised |
10-4-18.) |
Section 40. The Illinois Public Aid Code is amended by |
changing Section 5-5.23 and by adding Sections 5-36, 5-37, and |
5-38 as follows:
|
(305 ILCS 5/5-5.23)
|
Sec. 5-5.23. Children's mental health services.
|
(a) The Department of Healthcare and Family Services, by |
rule, shall require the screening and
assessment of
a child |
prior to any Medicaid-funded admission to an inpatient hospital |
for
psychiatric
services to be funded by Medicaid. The |
screening and assessment shall include a
determination of the |
appropriateness and availability of out-patient support
|
services
for necessary treatment. The Department, by rule, |
shall establish methods and
standards of payment for the |
screening, assessment, and necessary alternative
support
|
services.
|
(b) The Department of Healthcare and Family Services, to |
the extent allowable under federal law,
shall secure federal |
financial participation for Individual Care Grant
expenditures |
made
by the Department of Healthcare and Family Services for |
the Medicaid optional service
authorized under
Section 1905(h) |
of the federal Social Security Act, pursuant to the provisions
|
of Section
7.1 of the Mental Health and Developmental |
|
Disabilities Administrative Act. The
Department of Healthcare |
and Family Services may exercise the
authority under this |
Section as is necessary to administer
Individual Care Grants as |
authorized under Section 7.1 of the
Mental Health and |
Developmental Disabilities Administrative
Act.
|
(c) The Department of Healthcare and Family Services shall |
work collaboratively with the Department of Children and Family
|
Services and the Division of Mental Health of the Department of
|
Human Services to implement subsections (a) and (b).
|
(d) On and after July 1, 2012, the Department shall reduce |
any rate of reimbursement for services or other payments or |
alter any methodologies authorized by this Code to reduce any |
rate of reimbursement for services or other payments in |
accordance with Section 5-5e. |
(e) All rights, powers, duties, and responsibilities |
currently exercised by the Department of Human Services related |
to the Individual Care Grant program are transferred to the |
Department of Healthcare and Family Services with the transfer |
and transition of the Individual Care Grant program to the |
Department of Healthcare and Family Services to be completed |
and implemented within 6 months after the effective date of |
this amendatory Act of the 99th General Assembly. For the |
purposes of the Successor Agency Act, the Department of |
Healthcare and Family Services is declared to be the successor |
agency of the Department of Human Services, but only with |
respect to the functions of the Department of Human Services |
|
that are transferred to the Department of Healthcare and Family |
Services under this amendatory Act of the 99th General |
Assembly. |
(1) Each act done by the Department of Healthcare and |
Family Services in exercise of the transferred powers, |
duties, rights, and responsibilities shall have the same |
legal effect as if done by the Department of Human Services |
or its offices. |
(2) Any rules of the Department of Human Services that |
relate to the functions and programs transferred by this |
amendatory Act of the 99th General Assembly that are in |
full force on the effective date of this amendatory Act of |
the 99th General Assembly shall become the rules of the |
Department of Healthcare and Family Services. All rules |
transferred under this amendatory Act of the 99th General |
Assembly are hereby amended such that the term "Department" |
shall be defined as the Department of Healthcare and Family |
Services and all references to the "Secretary" shall be |
changed to the "Director of Healthcare and Family Services |
or his or her designee". As soon as practicable hereafter, |
the Department of Healthcare and Family Services shall |
revise and clarify the rules to reflect the transfer of |
rights, powers, duties, and responsibilities affected by |
this amendatory Act of the 99th General Assembly, using the |
procedures for recodification of rules available under the |
Illinois Administrative Procedure Act, except that |
|
existing title, part, and section numbering for the |
affected rules may be retained. The Department of |
Healthcare and Family Services, consistent with its |
authority to do so as granted by this amendatory Act of the |
99th General Assembly, shall propose and adopt any other |
rules under the Illinois Administrative Procedure Act as |
necessary to administer the Individual Care Grant program. |
These rules may include, but are not limited to, the |
application process and eligibility requirements for |
recipients. |
(3) All unexpended appropriations and balances and |
other funds available for use in connection with any |
functions of the Individual Care Grant program shall be |
transferred for the use of the Department of Healthcare and |
Family Services to operate the Individual Care Grant |
program. Unexpended balances shall be expended only for the |
purpose for which the appropriation was originally made. |
The Department of Healthcare and Family Services shall |
exercise all rights, powers, duties, and responsibilities |
for operation of the Individual Care Grant program. |
(4) Existing personnel and positions of the Department |
of Human Services pertaining to the administration of the |
Individual Care Grant program shall be transferred to the |
Department of Healthcare and Family Services with the |
transfer and transition of the Individual Care Grant |
program to the Department of Healthcare and Family |
|
Services. The status and rights of Department of Human |
Services employees engaged in the performance of the |
functions of the Individual Care Grant program shall not be |
affected by this amendatory Act of the 99th General |
Assembly. The rights of the employees, the State of |
Illinois, and its agencies under the Personnel Code and |
applicable collective bargaining agreements or under any |
pension, retirement, or annuity plan shall not be affected |
by this amendatory Act of the 99th General Assembly. All |
transferred employees who are members of collective |
bargaining units shall retain their seniority, continuous |
service, salary, and accrued benefits. |
(5) All books, records, papers, documents, property |
(real and personal), contracts, and pending business |
pertaining to the powers, duties, rights, and |
responsibilities related to the functions of the |
Individual Care Grant program, including, but not limited |
to, material in electronic or magnetic format and necessary |
computer hardware and software, shall be delivered to the |
Department of Healthcare and Family Services; provided, |
however, that the delivery of this information shall not |
violate any applicable confidentiality constraints. |
(6) Whenever reports or notices are now required to be
|
made or given or papers or documents furnished or served by |
any person to or upon the Department of Human Services in |
connection with any of the functions transferred by this |
|
amendatory Act of the 99th General Assembly, the same shall |
be made, given, furnished, or served in the same manner to |
or upon the Department of Healthcare and Family Services. |
(7) This amendatory Act of the 99th General Assembly |
shall not affect any act done, ratified, or canceled or any |
right occurring or established or any action or proceeding |
had or commenced in an administrative, civil, or criminal |
cause regarding the Department of Human Services before the |
effective date of this amendatory Act of the 99th General |
Assembly; and those actions or proceedings may be defended, |
prosecuted, and continued by the Department of Human |
Services. |
(f) (Blank). The Individual Care Grant program shall be |
inoperative during the calendar year in which implementation |
begins of any remedies in response to litigation against the |
Department of Healthcare and Family Services related to |
children's behavioral health and the general status of |
children's behavioral health in this State. Individual Care |
Grant recipients in the program the year it becomes inoperative |
shall continue to remain in the program until it is clinically |
appropriate for them to step down in level of care. |
(g) Family Support Program. The Department of Healthcare |
and Family Services shall restructure the Family Support |
Program, formerly known as the Individual Care Grant program, |
to enable early treatment of youth, emerging adults, and |
transition-age adults with a serious mental illness or serious |
|
emotional disturbance. |
(1) As used in this subsection and in subsections (h) |
through (s): |
(A) "Youth" means a person under the age of 18. |
(B) "Emerging adult" means a person who is 18 |
through 20 years of age. |
(C) "Transition-age adult" means a person who is 21 |
through 25 years of age. |
(2) The Department shall amend 89 Ill.
Adm. Code 139 in |
accordance with this Section and consistent with the |
timelines outlined in this Section. |
(3) Implementation of any amended requirements shall |
be completed within 8 months of the adoption of any |
amendment to 89 Ill.
Adm. Code 139 that is consistent with |
the provisions of this Section. |
(4) To align the Family Support Program with the |
Medicaid system of care, the services available to a youth, |
emerging adult, or transition-age adult through the Family |
Support Program shall include all Medicaid community-based |
mental health treatment services and all Family Support |
Program services included under 89 Ill.
Adm. Code 139. No |
person receiving services through the Family Support |
Program or the Specialized Family Support Program shall |
become a Medicaid enrollee unless Medicaid eligibility |
criteria are met and the person is enrolled in Medicaid. No |
part of this Section creates an entitlement to services |
|
through the Family Support Program, the Specialized Family |
Support Program, or the Medicaid program. |
(5) The Family Support Program shall align with the |
following system of care principles: |
(A) Treatment and support services shall be based |
on the results of an integrated behavioral health |
assessment and treatment plan using an instrument |
approved by the Department of Healthcare and Family |
Services. |
(B)
Strong interagency collaboration between all |
State agencies the parent or legal guardian is involved |
with for services, including the Department of |
Healthcare and Family Services, the Department of |
Human Services, the Department of Children and Family |
Services, the Department of Juvenile Justice, and the |
Illinois State Board of Education. |
(C)
Individualized, strengths-based practices and |
trauma-informed treatment approaches. |
(D)
For a youth, full participation of the parent |
or legal guardian at all levels of treatment through a |
process that is family-centered and youth-focused. The |
process shall include consideration of the services |
and supports the parent, legal guardian, or caregiver |
requires for family stabilization, and shall connect |
such person or persons to services based on available |
insurance coverage. |
|
(h) Eligibility for the Family Support Program. |
Eligibility criteria established under 89 Ill.
Adm. Code 139 |
for the Family Support Program shall include the following: |
(1) Individuals applying to the program must be under |
the age of 26. |
(2) Requirements for parental or legal guardian |
involvement are applicable to youth and to emerging adults |
or transition-age adults who have a guardian appointed |
under Article XIa of the Probate Act. |
(3)
Youth, emerging adults, and transition-age adults |
are eligible for services under the Family Support Program |
upon their third inpatient admission to a hospital or |
similar treatment facility for the primary purpose of |
psychiatric treatment within the most recent 12 months and |
are hospitalized for the purpose of psychiatric treatment. |
(4)
School participation for emerging adults applying |
for services under the Family Support Program may be waived |
by request of the individual at the sole discretion of the |
Department of Healthcare and Family Services. |
(5) School participation is not applicable to |
transition-age adults. |
(i) Notification of Family Support Program and Specialized |
Family Support Program services. |
(1) Within 12 months after the effective date of this |
amendatory Act of the 101st General Assembly, the |
Department of Healthcare and Family Services, with |
|
meaningful stakeholder input through a working group of |
psychiatric hospitals, Family Support Program providers, |
family support organizations, the Community and |
Residential Services Authority, a statewide association |
representing a majority of hospitals, and foster care |
alumni advocates, shall establish a clear process by which |
a youth's or emerging adult's parents, guardian, or |
caregiver, or the emerging adult or transition-age adult, |
is identified, notified, and educated about the Family |
Support Program and the Specialized Family Support Program |
upon a first psychiatric inpatient hospital admission, and |
any following psychiatric inpatient admissions. |
Notification and education may take place through a Family |
Support Program coordinator, a mobile crisis response |
provider, a Comprehensive Community Based Youth Services |
provider, the Community and Residential Services |
Authority, or any other designated provider or coordinator |
identified by the Department of Healthcare and Family |
Services. In developing this process, the Department of |
Healthcare and Family Services and the working group shall |
take into account the unique needs of emerging adults and |
transition-age adults without parental involvement who are |
eligible for services under the Family Support Program. The |
Department of Healthcare and Family Services and the |
working group shall ensure the appropriate provider or |
coordinator is required to assist individuals and their |
|
parents, guardians, or caregivers, as applicable, in the |
completion of the application or referral process for the |
Family Support Program or the Specialized Family Support |
Program. |
(2) Upon a youth's, emerging adult's or transition-age |
adult's second psychiatric inpatient hospital admission, |
the hospital must ensure that the youth's parents, |
guardian, or caregiver, or the emerging adult or |
transition-age adult, have been notified of the Family |
Support Program and the Specialized Family Support Program |
prior to hospital discharge. |
(3) Psychiatric lockout as last resort. |
(A) Prior to referring any youth to the Department |
of Children and Family Services for the filing of a |
petition in accordance with subparagraph (c) of |
paragraph (1) of Section 2-4 of the Juvenile Court Act |
of 1987 alleging that the youth is dependent because |
the youth was left in a psychiatric hospital beyond |
medical necessity, the hospital shall educate the |
youth and the youth's parents, guardian, or caregiver |
about the Family Support Program and the Specialized |
Family Support Program and shall assist with |
connections to the designated Family Support Program |
coordinator in the service area. Once this process has |
begun, any such youth shall be considered a youth for |
whom an application for the Family Support Program is |
|
pending with the Department of Healthcare and Family |
Services or an active application for the Family |
Support Program was being reviewed by the Department |
for the purposes of subparagraph (b) of paragraph (1) |
of Section 2-4 of the Juvenile Court Act of 1987. |
(B) No state agency or hospital shall coach a |
parent or guardian of a youth in a psychiatric hospital |
inpatient unit to lock out or otherwise relinquish |
custody of a youth to the Department of Children and |
Family Services for the sole purpose of obtaining |
necessary mental health treatment for the youth. In the |
absence of abuse or neglect, a psychiatric lockout or |
custody relinquishment to the Department of Children |
and Family Services shall only be considered as the |
option of last resort. |
(4) Development of new Family Support Program |
services. |
(A) Development of specialized therapeutic |
residential treatment for youth and emerging adults |
with high-acuity mental health conditions. Through a |
working group led by the Department of Healthcare and |
Family Services that includes the Department of |
Children and Family Services and residential treatment |
providers for youth and emerging adults, the |
Department of Healthcare and Family Services, within |
12 months after the effective date of this amendatory |
|
Act of the 101st General Assembly, shall develop a plan |
for the development of specialized therapeutic |
residential treatment beds similar to a qualified |
residential treatment program, as defined in the |
federal Family First Prevention Services Act, for |
youth in the Family Support Program with high-acuity |
mental health needs. The Department of Healthcare and |
Family Services and the Department of Children and |
Family Services shall work together to maximize |
federal funding through Medicaid and Title IV-E of the |
Social Security Act in the development and |
implementation of this plan. |
(B) Using the Department of Children and Family |
Services' beyond medical necessity data over the last 5 |
years and any other relevant, available data, the |
Department of Healthcare and Family Services shall |
assess the estimated number of these specialized |
high-acuity residential treatment beds that are needed |
in each region of the State based on the number of |
youth remaining in psychiatric hospitals beyond |
medical necessity and the number of youth placed |
out-of-state who need this level of care. The |
Department of Healthcare and Family Services shall |
report the results of this assessment to the General |
Assembly by no later than December 31, 2020. |
(C) Development of an age-appropriate therapeutic |
|
residential treatment model for emerging adults and |
transition-age adults. Within 30 months after the |
effective date of this amendatory Act of the 101st |
General Assembly, the Department of Healthcare and |
Family Services, in partnership with the Department of |
Human Services' Division of Mental Health and with |
significant and meaningful stakeholder input through a |
working group of providers and other stakeholders, |
shall develop a supportive housing model for emerging |
adults and transition-age adults receiving services |
through the Family Support Program who need |
residential treatment and support to enable recovery. |
Such a model shall be age-appropriate and shall allow |
the residential component of the model to be in a |
community-based setting combined with intensive |
community-based mental health services. |
(j) Workgroup to develop a plan for improving access to |
substance use treatment. The Department of Healthcare and |
Family Services and the Department of Human Services' Division |
of Substance Use Prevention and Recovery shall co-lead a |
working group that includes Family Support Program providers, |
family support organizations, and other stakeholders over a |
12-month period beginning in the first quarter of calendar year |
2020 to develop a plan for increasing access to substance use |
treatment services for youth, emerging adults, and |
transition-age adults who are eligible for Family Support |
|
Program services. |
(k) Appropriation. Implementation of this Section shall be |
limited by the State's annual appropriation to the Family |
Support Program. Spending within the Family Support Program |
appropriation shall be further limited for the new Family |
Support Program services to be developed accordingly: |
(1) Targeted use of specialized therapeutic |
residential treatment for youth and emerging adults with |
high-acuity mental health conditions through appropriation |
limitation. No more than 12% of all annual Family Support |
Program funds shall be spent on this level of care in any |
given state fiscal year. |
(2) Targeted use of residential treatment model |
established for emerging adults and transition-age adults |
through appropriation limitation. No more than one-quarter |
of all annual Family Support Program funds shall be spent |
on this level of care in any given state fiscal year. |
(l) Exhausting third party insurance coverage first. |
(A) A parent, legal guardian, emerging adult, or |
transition-age adult with private insurance coverage shall |
work with the Department of Healthcare and Family Services, |
or its designee, to identify insurance coverage for any and |
all benefits covered by their plan. If insurance |
cost-sharing by any method for treatment is |
cost-prohibitive for the parent, legal guardian, emerging |
adult, or transition-age adult, Family Support Program |
|
funds may be applied as a payer of last resort toward |
insurance cost-sharing for purposes of using private |
insurance coverage to the fullest extent for the |
recommended treatment. If the Department, or its agent, has |
a concern relating to the parent's, legal guardian's, |
emerging adult's, or transition-age adult's insurer's |
compliance with Illinois or federal insurance requirements |
relating to the coverage of mental health or substance use |
disorders, it shall refer all relevant information to the |
applicable regulatory authority. |
(B) The Department of Healthcare and Family Services |
shall use Medicaid funds first for an individual who has |
Medicaid coverage if the treatment or service recommended |
using an integrated behavioral health assessment and |
treatment plan (using the instrument approved by the |
Department of Healthcare and Family Services) is covered by |
Medicaid. |
(C) If private or public insurance coverage does not |
cover the needed treatment or service, Family Support |
Program funds shall be used to cover the services offered |
through the Family Support Program. |
(m) Service authorization. A youth, emerging adult, or |
transition-age adult enrolled in the Family Support Program or |
the Specialized Family Support Program shall be eligible to |
receive a mental health treatment service covered by the |
applicable program if the medical necessity criteria |
|
established by the Department of Healthcare and Family Services |
are met. |
(n) Streamlined application. The Department of Healthcare |
and Family Services shall revise the Family Support Program |
applications and the application process to reflect the changes |
made to this Section by this amendatory Act of the 101st |
General Assembly within 8 months after the adoption of any |
amendments to 89 Ill.
Adm. Code 139. |
(o) Study of reimbursement policies during planned and |
unplanned absences of youth and emerging adults in Family |
Support Program residential treatment settings. The Department |
of Healthcare and Family Services shall undertake a study of |
those standards of the Department of Children and Family |
Services and other states for reimbursement of residential |
treatment during planned and unplanned absences to determine if |
reimbursing residential providers for such unplanned absences |
positively impacts the availability of residential treatment |
for youth and emerging adults. The Department of Healthcare and |
Family Services shall begin the study on July 1, 2019 and shall |
report its findings and the results of the study to the General |
Assembly, along with any recommendations for or against |
adopting a similar policy, by December 31, 2020. |
(p) Public awareness and educational campaign for all |
relevant providers. The Department of Healthcare and Family |
Services shall engage in a public awareness campaign to educate |
hospitals with psychiatric units, crisis response providers |
|
such as Screening, Assessment and Support Services providers |
and Comprehensive Community Based Youth Services agencies, |
schools, and other community institutions and providers across |
Illinois on the changes made by this amendatory Act of the |
101st General Assembly to the Family Support Program. The |
Department of Healthcare and Family Services shall produce |
written materials geared for the appropriate target audience, |
develop webinars, and conduct outreach visits over a 12-month |
period beginning after implementation of the changes made to |
this Section by this amendatory Act of the 101st General |
Assembly. |
(q) Maximizing federal matching funds for the Family |
Support Program and the Specialized Family Support Program. The |
Department of Healthcare and Family Services, as the sole |
Medicaid State agency, shall seek approval from the federal |
Centers for Medicare and Medicaid Services within 12 months |
after the effective date of this amendatory Act of the 101st |
General Assembly to draw additional federal Medicaid matching |
funds for individuals served under the Family Support Program |
or the Specialized Family Support Program who are not covered |
by the Department's medical assistance programs. The |
Department of Children and Family Services, as the State agency |
responsible for administering federal funds pursuant to Title |
IV-E of the Social Security Act, shall submit a State Plan to |
the federal government within 12 months after the effective |
date of this amendatory Act of the 101st General Assembly to |
|
maximize the use of federal Title IV-E prevention funds through |
the federal Family First Prevention Services Act, to provide |
mental health and substance use disorder treatment services and |
supports, including, but not limited to, the provision of |
short-term crisis and transition beds post-hospitalization for |
youth who are at imminent risk of entering Illinois' youth |
welfare system solely due to the inability to access mental |
health or substance use treatment services. |
(r) Outcomes and data reported annually to the General |
Assembly. Beginning in 2021, the Department of Healthcare and |
Family Services shall submit an annual report to the General |
Assembly that includes the following information with respect |
to the time period covered by the report: |
(1) The number and ages of youth, emerging adults, and |
transition-age adults who requested services under the |
Family Support Program and the Specialized Family Support |
Program and the services received. |
(2) The number and ages of youth, emerging adults, and |
transition-age adults who requested services under the |
Specialized Family Support Program who were eligible for |
services based on the number of hospitalizations. |
(3) The number and ages of youth, emerging adults, and |
transition-age adults who applied for Family Support |
Program or Specialized Family Support Program services but |
did not receive any services. |
(s) Rulemaking authority. Unless a timeline is otherwise |
|
specified in a subsection, if amendments to 89 Ill. Adm. Code |
139 are needed for implementation of this Section, such |
amendments shall be filed by the Department of Healthcare and |
Family Services within one year after the effective date of |
this amendatory Act of the 101st General Assembly. |
(Source: P.A. 99-479, eff. 9-10-15.)
|
(305 ILCS 5/5-36 new) |
Sec. 5-36. Education on mental health and substance use |
treatment services for children and young adults. The |
Department of Healthcare and Family Services shall develop a |
layman's guide to the mental health and substance use treatment |
services available in Illinois through the Medical Assistance |
Program and through the Family Support Program, or other |
publicly funded programs, similar to what Massachusetts |
developed, to help families understand what services are |
available to them when they have a child in need of treatment |
or support. The guide shall be in easy-to-understand language, |
be prominently available on the Department of Healthcare and |
Family Services' website, and be part of a statewide |
communications campaign to ensure families are aware of Family |
Support Program services. It shall briefly explain the service |
and whether it is covered by the Medical Assistance Program, |
the Family Support Program, or any other public funding source. |
Within one year after the effective date of this amendatory Act |
of the 101st General Assembly, the Department of Healthcare and |
|
Family Services shall complete this guide, have it available on |
its website, and launch the communications campaign. |
(305 ILCS 5/5-37 new) |
Sec. 5-37. Billing mechanism for preventive mental health |
services delivered to children. |
(a) The General Assembly finds: |
(1) It is common for children to have mental health |
needs but to not have a full-blown diagnosis of a mental |
illness. Examples include, but are not limited to, children |
who have mild or emerging symptoms of a mental health |
condition (such as meeting some but not all the criteria |
for a diagnosis, including, but not limited to, symptoms of |
depression, attentional deficits, anxiety or prodromal |
symptoms of bipolar disorder or schizophrenia); cutting or |
engaging in other forms of self-harm; or experiencing |
violence or trauma). |
(2) The federal requirement that Medicaid-covered |
children have access to Early and Periodic Screening, |
Diagnostic and Treatment services includes ensuring that |
Medicaid-covered children who have a mental health need but |
do not have a mental health diagnosis have access to |
treatment. |
(3) The Department of Healthcare and Family Services' |
existing policy acknowledges this federal requirement by |
allowing for Medicaid billing for mental health services |
|
for children who have a need for services but who do not |
have a mental health diagnosis in Section 207.3.3 of the |
Community-Based Behavioral Services Provider Handbook. |
However, the current policy of the Department of Healthcare |
and Family Services requires clinicians to specify a |
diagnosis code and make a notation in the child's medical |
record that the service is preventive. This effectively |
requires the clinician to associate a diagnosis with the |
child and is a major barrier for services because many |
clinicians rightly are unwilling to document a mental |
health diagnosis in the medical record when a diagnosis is |
not medically appropriate. |
(b) Consistent with the existing policy of the Department |
of Healthcare and Family Services and the federal Early and |
Periodic Screening, Diagnostic and Treatment requirement, |
within 3 months after the effective date of this amendatory Act |
of the 101st General Assembly, the Department of Healthcare and |
Family Services shall convene a working group that includes |
children's mental health providers to receive input on |
recommendations to develop a medically appropriate and |
practical solution that enables mental health providers and |
professionals to deliver and receive reimbursement for |
medically necessary mental health services provided to a |
Medicaid-eligible child under age 21 that has a mental health |
need but does not have a mental health diagnosis in order to |
prevent the development of a serious mental health condition. |
|
The working group shall ensure that the recommended solution |
works in practice and does not deter clinicians from delivering |
prevention and early treatment to children with mental health |
needs but who do not have a diagnosed mental illness. The |
Department of Healthcare and Family Services shall meet with |
this working group at least 4 times prior to finalizing the |
solution to enable and allow for mental health services for a |
child without a mental health diagnosis for purposes of |
prevention and early treatment when recommended by a licensed |
practitioner of the healing arts. If the Department of |
Healthcare and Family Services determines that an Illinois |
Title XIX State Plan amendment is necessary to implement this |
Section, the State Plan amendment shall be filed with the |
federal Centers for Medicare and Medicaid Services by no later |
than 12 months after the effective date of this amendatory Act |
of the 101st General Assembly. If rulemaking is required to |
implement this Section, the rule shall be filed by the |
Department of Healthcare and Family Services with the Joint |
Committee on Administrative Rules by no later than 12 months |
after the effective date of this amendatory Act of the 101st |
General Assembly, or if federal approval is required, within 6 |
months after federal approval. If federal approval is required |
but not granted, this Section shall become inoperative. |
(305 ILCS 5/5-38 new) |
Sec. 5-38. Alignment of children's mental health treatment |
|
systems. The Governor's Office shall establish, convene, and |
lead a working group that includes the Director of Healthcare |
and Family Services, the Secretary of Human Services, the |
Director of Public Health, the Director of Children and Family |
Services, the Director of Juvenile Justice, the State |
Superintendent of Education, and the appropriate agency staff |
who will be responsible for implementation or oversight of |
reforms to children's behavioral health services. The working |
group shall meet at least quarterly to foster interagency |
collaboration and work toward the goal of aligning services and |
programs to begin to create a coordinated children's behavioral |
health system consistent with system of care principles that |
spans across State agencies, rather than separate siloed |
systems with different requirements, rates, and administrative |
processes and standards. |
Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |
represented by multiple versions), the use of that text does |
not accelerate or delay the taking effect of (i) the changes |
made by this Act or (ii) provisions derived from any other |
Public Act.
|
Section 99. Effective date. This Act takes effect January |
1, 2020.
|