SB1377 103RD GENERAL ASSEMBLY

LRB103 25515 KTG 51864 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1377

Introduced 2/6/2023, by Sen. Jil Tracy

SYNOPSIS AS INTRODUCED:

20 ILCS 2105/2105-370 new
20 ILCS 2805/40 new
210 ILCS 85/6.11a new

Amends the Department of Veterans' Affairs Act. Provides that a veterans case manager shall be appointed by the Director of Veterans' Affairs, in consultation with the Secretary of Financial and Professional Regulation and the Secretary of Human Services, to assist veterans in obtaining the greatest degree of mental health care and mental health care benefits available and to promote policies that would benefit veterans seeking mental health care. Provides that the case manager shall serve at the pleasure of the Director of Veterans' Affairs. Sets forth the duties of the veterans case manager, including, to: (i) act as an intermediary between health care facilities and veterans health care facilities; (ii) provide information to veterans and health care facilities regarding mental health services available to veterans; (iii) apply for, receive, and administer federal aids, grants, and gifts relating to inpatient mental health services for veterans; (iv) encourage physicians, nurses, and other individuals working in mental health care who have military experience to work in Illinois; and (v) collaborate with health care facilities in identifying, upon a person's admission to a health care facility, the person's eligibility for federal veterans benefits, including prescription drug benefits. Amends the Hospital Licensing Act. Requires the Department of Financial and Professional Regulation to adopt rules requiring hospitals, upon identifying a person requiring mental health services as a veteran, to establish and implement certain protocols including (1) contacting the veterans case manager regarding the veteran's admission, (2) identifying whether the veteran is at risk for causing harm to the veteran's self or others, and (3) preventing the hospital from treating a veteran with less or different care than nonveteran patients solely because of a person's veteran status. Amends the Department of Professional Regulation Law. Requires the Department of Financial and Professional Regulation to establish rules requiring licensed health care professionals, as specified, to receive continuing education credits regarding the treatment of veterans as a condition of license renewal.

A BILL FOR

AN ACT concerning veterans.

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

Section 5. The Department of Professional Regulation Law of the Civil Administrative Code of Illinois is amended by adding Section 2105-370 as follows:

(20 ILCS 2105/2105-370 new)

Sec. 2105-370. Continuing education; treatment of veterans with a mental health issue.

(a) As used in this Section, "licensed health care professional" means a person licensed or registered by the Department under the following Acts: the Medical Practice Act of 1987, the Illinois Dental Practice Act, the Physician Assistant Practice Act of 1987, the Podiatric Medical Practice Act of 1987, and the Nurse Practice Act.

(b) The Department shall establish rules requiring a licensed health care professional to receive continuing education credits regarding the treatment of veterans, as defined in Section 40 of the Department of Veterans' Affairs Act, as a condition of license renewal. The Department, in consultation with the veterans case manager established in Section 40 of the Department of Veterans' Affairs Act, shall have the authority to determine how often a licensee must receive continuing education credits.

Section 10. The Department of Veterans' Affairs Act is amended by adding Section 40 as follows:

(20 ILCS 2805/40 new)

Sec. 40. Veterans case manager.

(a) As used in this Section:

"Health care facility" means a hospital as defined in the Hospital Licensing Act, a hospice program licensed under the Hospice Program Licensing Act, an assisted living or shared housing establishment licensed under the Assisted Living and Shared Housing Act, a facility licensed under the Nursing Home Care Act, a facility licensed under the ID/DD Community Care Act, or a facility licensed under the Specialized Mental Health Rehabilitation Act of 2013.

"Veteran" means an Illinois resident who has served or is currently serving as a member of the United States Armed Forces, a member of the Illinois National Guard, or a member of a Reserve Component of the United States Armed Forces.

"Veterans health care facility" means a facility operated by the United States of Veterans Affairs, Veterans Health Administration.

(b) A veterans case manager shall be appointed by the Director of Veterans' Affairs, in consultation with the Secretary of Financial and Professional Regulation and the Secretary of Human Services, to assist veterans in obtaining the greatest degree of mental health care and mental health care benefits available and to promote policies that would benefit veterans seeking mental health care. The case manager shall serve at the pleasure of, and report directly to, the Director of Veterans' Affairs.

(c) The veterans case manager shall perform the following duties:

(1) Act as an intermediary between health care facilities and veterans health care facilities.

(2) Assist health care facilities in the transfer of veterans to veterans health care facilities.

(3) Provide information to veterans and health care facilities regarding mental health services available to veterans.

(4) Apply for, receive, and administer federal aids, grants, and gifts relating to inpatient mental health services for veterans.

(5) Work with veteran service officers to inform veterans of benefits that may be available to veterans for mental health services.

(6) Recommend to the Department of Financial and Professional Regulation standards and courses of study that fulfill the continuing education requirements under Section 2105-370 of the Department of Professional Regulation Law of the Civil Administrative Code.

(7) Ensure that veterans are treated by health care facilities with at least the same level of care as nonveterans.

(8) Encourage physicians, nurses, and other individuals working in mental health care who have military experience to work in Illinois.

(9) Inform Illinois residents who are veterans or currently serving in the military about education, benefits, and support available to obtain a degree or certification that would allow the person to become a mental health care worker.

(10) Collaborate with health care facilities in identifying, upon a person's admission to a health care facility, the person's eligibility for benefits through the United States Department of Veterans Affairs, including prescription drug benefit eligibility, and programs with a focus on veterans.

(11) Collaborate with the Department of Public Health to identify any barriers to veterans in accessing prescription drug benefits designated for veterans.

(12) Assist health care facilities in amending rules and procedures for medication administration to allow veterans greater access to prescription drug benefits.

Section 15. The Hospital Licensing Act is amended by adding Section 6.11a as follows:

(210 ILCS 85/6.11a new)

Sec. 6.11a. Protocols for the treatment of veterans.

(a) As used in this Section:

"Veteran" means an Illinois resident who has served or is currently serving as a member of the United States Armed Forces, a member of the Illinois National Guard, or a member of a Reserve Component of the United States Armed Forces.

"Veterans case manager" means a veterans case manager as described in Section 40 of the Department of Veterans' Affairs Act.

(b) The Department shall adopt rules requiring hospitals, upon identifying a person requiring mental health services as a veteran, to establish and implement protocols providing for all of the following:

(1) Contacting the veterans case manager regarding the veteran's admission.

(2) Identifying whether the veteran is at risk for causing harm to the veteran's self or others.

(3) Holding a veteran experiencing or at risk of experiencing a mental health crisis for a period of not less than 23 hours unless a court order dictates otherwise or the patient is allowed to transfer to a veterans health care facility as defined in Section 40 of the Department of Veterans' Affairs Act.

(4) Requiring the hospital to evaluate the veteran's mental stability to determine if the veteran is a threat to the safety of the veteran's self or others prior to the veteran's discharge.

(5) Preventing the hospital from treating a veteran with less or different care than nonveteran patients solely because of a person's veteran status.

(c) The Department, in consultation with the Department of Veterans' Affairs, shall adopt rules that provide that if a person is eligible for benefits through the United States Department of Veterans Affairs or any other third-party payor, the payor of last resort for reimbursement to a hospital is the medical assistance program established under Article V of the Illinois Public Aid Code. The rules shall also require the hospital to request information from a person or a person's personal representative regarding the person's veteran status and to report to the veterans case manager only the names of persons identified as potential veterans along with the names of their spouses and any dependents. Information reported by the hospital shall be verified by the Department. This subsection shall not apply to the admission of a person for outpatient mental health services.

(d) The Department shall adopt rules that require hospitals to collaborate with the veterans case manager to identify barriers veterans may face in obtaining prescription drug benefits, and require, upon the admission of a person eligible for benefits through the United States Department of Veterans Affairs to a hospital, the hospital to cooperate with the veterans case manager to assess the extent for which the person is eligible for prescription drug benefits.