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| Public Act 102-0911 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the First | ||||
Responder Mental Health Grant Program Act. | ||||
Section 5. Legislative intent. | ||||
(a) The General Assembly recognizes the difficult nature | ||||
of the job of first responder, including trauma endured by | ||||
first responders in the performance of their duties. | ||||
(b) It is the intent of the General Assembly to ensure that | ||||
first responders, including police, firefighters, emergency | ||||
medical technicians, and public safety telecommunicators | ||||
across this State have full access to supportive and | ||||
responsive behavioral health services and treatment. | ||||
(c) The General Assembly recognizes that these services | ||||
should be responsive to the individual's needs and must be | ||||
kept confidential. | ||||
(d) The General Assembly recognizes that the | ||||
administration and provision of these services both recognize | ||||
and reduce the historical barrier of stigma and a lack of | ||||
confidentiality that first responders face when attempting to | ||||
access behavioral health services and treatment.
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Section 10. Definitions. In this Act: | ||
"Behavioral health" means mental health, health relating | ||
to substance use, or both. | ||
"Behavioral health care" means services, treatment, | ||
medication, and other measures to overcome, mitigate, or | ||
prevent a behavioral health issue. These services, treatment, | ||
medication, and other measures qualify as "behavioral health | ||
care" even if there is no formal diagnosis of a specific | ||
condition. | ||
"Department" means the Department of Human Services. | ||
"First responder" means a law enforcement officer, | ||
firefighter, emergency medical services personnel as defined | ||
in Section 3.5 of the Emergency Medical Services (EMS) Systems | ||
Act, or public safety telecommunicator as defined in Section 2 | ||
of the Emergency Telephone Systems Act. | ||
"Record" means any record kept by a therapist or by an | ||
agency in the course of providing behavioral health care to a | ||
first responder concerning the first responder and the | ||
services provided. "Record" includes the personal notes of the | ||
therapist or agency. "Record" includes all records maintained | ||
by a court that have been created in connection with, in | ||
preparation for, or as a result of the filing of any petition | ||
or certificate under Chapter II, Chapter III, or Chapter IV of | ||
the Mental Health and Developmental Disabilities Code and | ||
includes the petitions, certificates, dispositional reports, | ||
treatment plans, and reports of diagnostic evaluations and of | ||
hearings under Article VIII of Chapter III or under Article V | ||
of Chapter IV of that Code. "Record" does not include | ||
information that has been de-identified in accordance with | ||
HIPAA, as specified in 45 CFR 164.514. "Record" does not | ||
include a reference to the receipt of behavioral health care | ||
noted during a patient history and physical or other summary | ||
of care. | ||
Section 15. First Responder Behavioral Health Grant | ||
Program. | ||
(a) Subject to appropriation, there is created within the | ||
Department of Human Services a First Responder Behavioral | ||
Health Grant Program to provide grants to the following | ||
recipients: | ||
(1) units of local government; | ||
(2) law enforcement agencies; | ||
(3) fire protection districts; | ||
(4) school districts; | ||
(5) public or private hospitals; or | ||
(6) ambulance services that employ first responders. | ||
(b) The First Responder Behavioral Health Grant Fund is | ||
hereby created as a special fund in the State treasury. Moneys | ||
in the First Responder Behavioral Health Grant Fund shall be | ||
used by the Secretary of Human Services to make grants to | ||
eligible recipients as provided in subsection (a). | ||
(c) Recipients eligible for grants under this Section | ||
shall use the grants for expenses related to behavioral health | ||
care services for first responders, including, but not limited | ||
to, telehealth services. An employer may not reduce behavioral | ||
health care provided through a first responder's employee | ||
benefit package as a result of the receipt of grant funds under | ||
this Act. | ||
(d) All records, notes, and conclusions by a treatment | ||
provider providing behavioral health care to first responders | ||
whose employers receive grants under this Act shall not be | ||
shared with the employer unless otherwise mandated by law. | ||
(e) Applicants seeking grants under this Act shall apply | ||
to the Department in a form and manner prescribed by the | ||
Department. | ||
(f) The Department may adopt any rules necessary to | ||
implement this Act.
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Section 900. The State Finance Act is amended by adding | ||
Section 5.970 as follows: | ||
(30 ILCS 105/5.970 new) | ||
Sec. 5.970. The First Responder Behavioral Health Grant | ||
Fund. | ||