Illinois General Assembly - Full Text of HB1872

HB1872 Engrossed LRB104 08599 KTG 18651 b

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Children and Family Services Act is amended by adding Section 5.28 as follows:

(20 ILCS 505/5.28 new)

Sec. 5.28. Assigned mental health providers for youth in care.

(a) As used in this Section, "mental health and wellness screening" means an age-appropriate screening that includes a visual assessment of the youth, whether in-person or via telehealth, that comports with the recommendations of the American Academy of Pediatrics' Bright Futures: Guidelines for Health Supervision of Infants, Children, and Adolescents, and that is conducted for the purposes of (i) identifying a mental health issue, condition, or disorder; (ii) discussing mental health symptoms that might be present, including symptoms of a previously diagnosed mental health condition or disorder; (iii) performing an evaluation of adverse childhood experiences; and (iv) discussing mental health and wellness.

(b) No later than 45 days after a youth in care is removed from the youth's home and placed in the temporary custody or guardianship of the Department and every year thereafter, a youth in care shall receive a mental health and wellness screening unless the youth in care:

(1) is less than 6 months of age;

(2) is 12 years of age or older and does not consent to receiving mental health services; or

(3) is already being treated by a mental health clinician.

(c) If the mental health and wellness screening required under subsection (b) results in a recommendation of mental health care for the youth, the youth's caseworker shall coordinate the delivery of mental health care and related services recommended for the youth. The youth shall receive assessments and services from a licensed clinician as recommended by the mental health provider unless the youth is 12 years of age or older and does not consent to receiving mental health services.

If the youth in care is covered under the State's Medicaid managed care program, the managed care plan shall ensure that the youth has access to a mental health provider who will begin serving the youth within 30 days after receipt of the referral from the screening and who is located:

(1) within a 30-mile radius or 30-minute drive from the youth's place of residence;

(2) within a 60-mile radius or 60-minute drive from the youth's place of residence in rural counties; or

(3) as otherwise provided for in the managed care plan's contract with the Department of Healthcare and Family Services if the time and distance limitations are more restrictive in that contract.

If there is not an in-network provider who meets these requirements, the managed care plan shall cover the cost necessary for the youth to receive care from an out-of-network provider who meets these availability and proximity requirements and is an eligible provider in the State's Medical Assistance Program.

The Department and the Department of Healthcare and Family Services shall ensure that any managed care plan that is in effect, amended, delivered, issued, or renewed on or after January 1, 2026 requires managed care organizations to meet the obligations of this Section if the managed care plan serves youth in care under the State's Medicaid managed care program.

Any mental health care and related services provided to the youth shall be in addition to any other care or services the youth receives from the youth's primary care provider. The Department may adopt any rules necessary to implement the provisions of this Section, including rules to promote a holistic and proactive approach to the provision of mental health care for youth in care.