SB3911sam001 102ND GENERAL ASSEMBLY

Sen. Laura Fine

Filed: 2/18/2022

10200SB3911sam001 LRB102 22271 KTG 36667 a

AMENDMENT TO SENATE BILL 3911

AMENDMENT NO. ______. Amend Senate Bill 3911 by replacing everything after the enacting clause with the following:

"Section 5. The Department of Healthcare and Family Services Law of the Civil Administrative Code of Illinois is amended by adding Section 2205-40 as follows:

(20 ILCS 2205/2205-40 new)

Sec. 2205-40. Department transparency. To ensure transparency and a clear line of communication between the Department of Healthcare and Family Services and mental health and substance use disorder prevention, treatment, and recovery providers and agencies, the Department shall, to the full extent permitted by law, take all necessary action to ensure that any proposed modifications, additions, deletions, or amendments to the Illinois Public Aid Code related to mental health and substance use disorder prevention, treatment, and recovery, or related rules including, but not limited to, 59 Ill. Adm. Code 132, 77 Ill. Adm. Code 2060, 77 Ill. Adm. Code 2090, and 89 Ill. Adm. Code 140, are communicated in a meaningful manner, by way of substantive meetings, communications, and discussion with the statewide trade associations representing substance use disorder and mental health prevention, treatment, and recovery providers and agencies (the "interested parties").

The Department shall provide information to and gather input from the interested parties on all such proposed actions impacting substance use disorder or mental health treatment, recovery, or prevention, including, but not limited to, policies, rules, and laws relating to rate setting, certification requirements, utilization review standards, billing and reimbursement requirements, and other obligations. The Department shall engage in good faith dialogue with the interested parties to address issues and problems with laws and rules applicable to mental health and substance use disorders and not disregard such issues and concerns except after establishing a clearly articulated rationale to be shared with the interested parties.

The Department shall, to the full extent permitted under federal and State law, provide the interested parties with full and fair notice, information, and opportunity to comment prior to final action upon any amendment to the mental health and substance use disorder provisions of the Illinois Public Aid Code or related rules. All actions shall be in accordance with the Illinois Administrative Procedure Act. This Section shall not be construed to modify or grant preferences to the interested parties over any other party or the public with respect to the Department's administrative or legislative activities. For proposed amendments to the Illinois Public Aid Code only, the Department shall meet with the interested parties after the relevant mental health and substance use disorder bills filed with the General Assembly have been voted upon by either the Senate or the House of Representatives and are in the process of crossing over being taken up by the House of Representatives or Senate as the case may be.

In addition to the foregoing, the Department of Healthcare and Family Services shall provide written or electronic notice to the interested parties to the full extent permitted under federal law for any State Plan amendment or waiver related to substance use disorders or mental health submitted to the federal Centers for Medicare and Medicaid Services.".