Sen. Sara Feigenholtz
Filed: 4/9/2021
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 2312 




2    AMENDMENT NO. ______. Amend Senate Bill 2312 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Consumer Fraud and Deceptive Business 
5Practices Act is amended  by changing Section 2VVV as follows:
 
6    (815 ILCS 505/2VVV)
7    Sec. 2VVV. Deceptive marketing, advertising, and sale of 
8mental health disorder and substance use disorder treatment.
9    (a) As used in this Section:
10    "Facility" has the meaning ascribed to that term in 
11Section 1-10 of the Substance Use Disorder Act when used in 
12reference to a facility that provides substance use disorder 
13treatment. "Facility" has the same meaning as "mental health 
14facility" under Section 1-114 of the Mental Health and 
15Developmental Disabilities Code when used in reference to a 
16facility that provides mental health disorder treatment. 
 
 
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1    "Hospital affiliate" has the meaning ascribed to that term 
2in Section 10.8 of the Hospital Licensing Act. 
3    "Mental health disorder" has the same meaning as "mental 
4illness" under Section 1-129 of the Mental Health and 
5Developmental Disabilities Code. 
6    "Program" means a licensable or fundable activity or

7service, or a coordinated range of such activities or 
8services, established or licensed by the Department of Human 
9Services. 
10    "Substance use disorder" has the same meaning as 
11"substance abuse" under Section 1-10 of the Substance Use 
12Disorder Act. 
13    "Treatment" has the meaning ascribed to that term in 
14Section 1-10 of the Substance Use Disorder Act when used in 
15reference to treatment for a substance use disorder. 
16"Treatment" has the meaning ascribed to that term in Section 
171-128 of the Mental Health and Developmental Disabilities Code 
18when used in reference to treatment for a mental health 
19disorder. 
20    (b) It is an unlawful practice for any person to engage in 
21misleading or false advertising or promotion that 
22misrepresents the need to seek mental health disorder or 
23substance use disorder treatment outside of the State of 
24Illinois. 
25    (c) Any marketing, advertising, promotional, or sales 
26materials directed to Illinois residents concerning mental 
 
 
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1health disorder or substance use disorder treatment must: 
2        (1) prominently display or announce the full physical 
3    address of the treatment program or facility;
4        (2) display whether the treatment program or facility 
5    is licensed in the State of Illinois;
6        (3) display whether the treatment program or facility 
7    has locations in Illinois; 
8        (4) display whether the services provided by the 
9    treatment program or facility are covered by an insurance 
10    policy issued to an Illinois resident; 
11        (5) display whether the treatment program or facility 
12    is an in-network or out-of-network provider; 
13        (6) include a link to the Internet website for the 
14    Department of Human Services' Division of Mental Health 
15    and Division of Substance Use Prevention and Recovery, or 
16    any successor State agency that provides information 
17    regarding licensed providers of services; and 
18        (7) disclose that mental health disorder and substance 
19    use disorder treatment may be available at a reduced cost 
20    or for free for Illinois residents within the State of 
21    Illinois. 
22    (d) It is an unlawful practice for any person to solicit, 
23offer, or enter into an arrangement under which a patient 
24seeking mental health disorder or substance use disorder 
25treatment is referred to a mental health disorder or substance 
26use disorder treatment program or facility in exchange for a 
 
 
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1fee, a percentage of the treatment program's or facility's 
2revenues that are related to the patient, or any other 
3remuneration that takes into account the volume or value of 
4the referrals to the treatment program or facility. Such 
5practice shall also be considered a violation of the 
6prohibition against fee splitting in Section 22.2 of the 
7Medical Practice Act of 1987 and a violation of the Health Care 
8Worker Self-Referral Act. It is not a violation
of this 
9Section for programs or facilities to enter into
personal 
10services agreements or management services agreements
with 
11third parties that do not take into account the volume or
value 
12of referrals. It is not a violation of this Section
for 
13programs or facilities to provide discounts for treatment

14services to clients as long as the discount is
based on 
15financial necessity in accordance with the program's or 
16facility's
charity care plan, regardless of referral source or 
17reason.
Compensation paid by programs or facilities to their 
18employees and independent
contractors related to identifying, 
19locating, and securing referrals to
that program or facility 
20is not a violation of this Section if the amount of 
21compensation provided to the
employee or independent 
22contractor does not vary based upon the volume
or value of such 
23referrals. This Section does not apply to health insurance 
24companies, health maintenance organizations, managed care 
25plans, or organizations, including hospitals and hospital 
26affiliates licensed in Illinois. 

 
 
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1(Source: P.A. 100-1058, eff. 1-1-19; 100-1188, eff. 4-5-19; 
2101-81, eff. 7-12-19.)
 

3    Section 99. Effective date. This Act takes effect upon 
4becoming law.".