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| 1 | AN ACT concerning public aid. | |||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||
| 4 | Section 1. Reference to Act. This Act may be referred to as | |||||||||||||||||||
| 5 | the Safe Place to Go Act. | |||||||||||||||||||
| 6 | Section 5. The Illinois Public Aid Code is amended by | |||||||||||||||||||
| 7 | adding Section 5-48.5 as follows: | |||||||||||||||||||
| 8 | (305 ILCS 5/5-48.5 new) | |||||||||||||||||||
| 9 | Sec. 5-48.5. Behavioral health urgent care center | |||||||||||||||||||
| 10 | services; coverage for services. | |||||||||||||||||||
| 11 | (a) Findings. The General Assembly finds the following: | |||||||||||||||||||
| 12 | (1) Studies show that one in 3 high school students | |||||||||||||||||||
| 13 | and half of female students report persistent feelings of | |||||||||||||||||||
| 14 | hopelessness, and over 365,000 Illinois children and | |||||||||||||||||||
| 15 | adolescents have a current diagnosis of anxiety or | |||||||||||||||||||
| 16 | depression or another behavioral health diagnosis. Over | |||||||||||||||||||
| 17 | 50,000,000 Americans - one in 5 adults - have a mental | |||||||||||||||||||
| 18 | health condition. | |||||||||||||||||||
| 19 | (2) Behavioral health crises require effective | |||||||||||||||||||
| 20 | specialized care, yet hospital emergency rooms remain the | |||||||||||||||||||
| 21 | primary place to go for a person experiencing a mental | |||||||||||||||||||
| 22 | health or substance use crisis even though hospital | |||||||||||||||||||
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| 1 | emergency rooms are generally not equipped or staffed to | ||||||
| 2 | effectively treat a behavioral crisis. | ||||||
| 3 | (3) Hospitals are designed to treat acute medical | ||||||
| 4 | emergencies rather than address specialized behavioral | ||||||
| 5 | health needs during a crisis. | ||||||
| 6 | (4) Studies show that hospital emergency room boarding | ||||||
| 7 | times are 3 times longer for someone in a behavioral | ||||||
| 8 | health crisis than in other medical crises, forcing | ||||||
| 9 | behavioral health patients to wait hours, days, and even | ||||||
| 10 | weeks in a hospital emergency room without receiving the | ||||||
| 11 | appropriate treatment to stabilize their symptoms. | ||||||
| 12 | (5) Long hospital emergency room wait times leave | ||||||
| 13 | behavioral patients decompensating in waiting rooms and | ||||||
| 14 | hallways, tie up critical emergency room resources and | ||||||
| 15 | staff, and increase unnecessary healthcare costs. | ||||||
| 16 | (6) According to the Department of Public Health, | ||||||
| 17 | Illinois youth between the ages of 3 and 17 experienced | ||||||
| 18 | over 17,000 emergency room visits annually for a mental | ||||||
| 19 | health or substance use crisis between 2018 and 2022. | ||||||
| 20 | (7) Nationally, it is estimated that an average of | ||||||
| 21 | 13,200,000 adults turn to hospital emergency rooms for a | ||||||
| 22 | behavioral health crisis. | ||||||
| 23 | (8) Approximately two-thirds of youth hospitalized in | ||||||
| 24 | Illinois for mental health or substance use crises are | ||||||
| 25 | covered by public insurance, primarily Medicaid, according | ||||||
| 26 | to the Department of Public Health. | ||||||
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| 1 | (9) Illinois must develop an alternative place to go - | ||||||
| 2 | behavioral health urgent care centers - for people in a | ||||||
| 3 | behavioral crisis, rather than relegating them to hospital | ||||||
| 4 | emergency rooms. | ||||||
| 5 | (10) While Living Rooms staffed by people with lived | ||||||
| 6 | expertise are an important part of the behavioral health | ||||||
| 7 | continuum, Living Rooms are not staffed to provide the | ||||||
| 8 | full range of crisis services an active crisis may need to | ||||||
| 9 | avoid an emergency room visit. | ||||||
| 10 | (11) As Illinois develops the crisis continuum, | ||||||
| 11 | including 988 (someone to call) and mobile crisis response | ||||||
| 12 | (someone to respond), it must also develop safe, healing, | ||||||
| 13 | specialized places to go (such as behavioral health urgent | ||||||
| 14 | care centers) during a behavioral health crisis to avoid | ||||||
| 15 | unnecessary emergency room visits or hospitalizations. | ||||||
| 16 | (b) Definitions. As used in this Section, "behavioral | ||||||
| 17 | health urgent care center" means a community-based facility, | ||||||
| 18 | or portion of a facility, certified by the Department of | ||||||
| 19 | Healthcare and Family Services where mental health and | ||||||
| 20 | substance use crisis services are accessible 24 hours a day, 7 | ||||||
| 21 | days a week for purposes of addressing the crisis, reducing | ||||||
| 22 | acute symptoms and connecting individuals to the appropriate | ||||||
| 23 | level of care and follow-up. Services provided by a behavioral | ||||||
| 24 | health urgent care center are ones that are voluntary and | ||||||
| 25 | indicated for a person experiencing an active behavioral | ||||||
| 26 | health crisis who needs a safe, compassionate place to support | ||||||
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| 1 | acute crisis resolution; connection to appropriate levels of | ||||||
| 2 | care and follow-up; and does not need a hospital level of care. | ||||||
| 3 | Services are also trauma-informed and offer both observation | ||||||
| 4 | and therapeutic support. Behavioral health urgent care center | ||||||
| 5 | services are intended to be consistent with the U.S. | ||||||
| 6 | Department of Health and Human Services, Substance Abuse and | ||||||
| 7 | Mental Health Services Administration's 2025 National | ||||||
| 8 | Guidelines for a Behavioral Health Coordinated System of | ||||||
| 9 | Crisis Care for community-based mental health and substance | ||||||
| 10 | use crisis services. Hospital-based facilities are not | ||||||
| 11 | eligible to be certified as a behavioral health urgent care | ||||||
| 12 | center. | ||||||
| 13 | (c) Coverage for behavioral health urgent care center | ||||||
| 14 | services for people experiencing a behavioral health crisis. | ||||||
| 15 | In collaboration with the Department of Human Services' | ||||||
| 16 | Division of Behavioral Health and Recovery, the Department of | ||||||
| 17 | Healthcare and Family Services, as the sole State Medicaid | ||||||
| 18 | agency, shall apply to the federal Centers for Medicare and | ||||||
| 19 | Medicaid Services for a Medicaid State Plan amendment or | ||||||
| 20 | federal waiver within 12 months after the effective date of | ||||||
| 21 | this amendatory Act of the 104th General Assembly to draw | ||||||
| 22 | federal financial participation for crisis triage and | ||||||
| 23 | stabilization services provided by behavioral health urgent | ||||||
| 24 | care centers to support adults or children 5 years of age and | ||||||
| 25 | older who are in an active mental health crisis and adults 18 | ||||||
| 26 | years of age and older in a substance use crisis. | ||||||
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| 1 | (1) Behavioral health urgent care center; core | ||||||
| 2 | services. All services provided by a behavioral health | ||||||
| 3 | urgent care center shall be individualized and voluntary, | ||||||
| 4 | and shall include, but not be limited to, the following: | ||||||
| 5 | (A) Crisis triage services: | ||||||
| 6 | (i) Assessment. A mental health crisis | ||||||
| 7 | assessment utilizing the Illinois Mental Health | ||||||
| 8 | Crisis Assessment Tool, a substance use level of | ||||||
| 9 | care assessment, or a nursing assessment if | ||||||
| 10 | clinically indicated. | ||||||
| 11 | (ii) Crisis intervention. | ||||||
| 12 | (iii) Peer support. | ||||||
| 13 | (B) Crisis stabilization services: | ||||||
| 14 | (i) Crisis observation. | ||||||
| 15 | (ii) Crisis intervention and safety planning. | ||||||
| 16 | (iii) Crisis counseling. | ||||||
| 17 | (iv) Care coordination. | ||||||
| 18 | (v) Case management. | ||||||
| 19 | (vi) Individual and family therapy. | ||||||
| 20 | (vii) Peer support. | ||||||
| 21 | (viii) Mental health and substance use | ||||||
| 22 | education. | ||||||
| 23 | (ix) Overdose prevention. | ||||||
| 24 | (x) Discharge planning to the appropriate | ||||||
| 25 | level of care or services. | ||||||
| 26 | (C) Prescribing, evaluating, or monitoring mental | ||||||
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| 1 | health or substance use treatment medications. | ||||||
| 2 | (2) Stabilization services. Eligibility or medical | ||||||
| 3 | necessity for crisis stabilization services outlined in | ||||||
| 4 | subparagraph (B) shall be based on the results of the | ||||||
| 5 | Illinois Mental Health Crisis Assessment Tool or the | ||||||
| 6 | substance level of care assessment. | ||||||
| 7 | (3) On-site services. All crisis triage services and | ||||||
| 8 | crisis stabilization services provided by the behavioral | ||||||
| 9 | health urgent care center shall be provided on-site and | ||||||
| 10 | in-person. Prescribing, evaluating, or monitoring mental | ||||||
| 11 | health and substance use treatment medications may occur | ||||||
| 12 | via telehealth. | ||||||
| 13 | (4) A safe place to go for someone in a substance use | ||||||
| 14 | crisis. Behavioral health urgent care centers may provide, | ||||||
| 15 | but are not required to provide, safe sobering services | ||||||
| 16 | for up to 24 hours for adults 18 years of age or older who | ||||||
| 17 | are under the influence of alcohol or drugs to provide | ||||||
| 18 | monitoring and oversight of adults in a substance use | ||||||
| 19 | crisis in a supervised and supportive environment. Safe | ||||||
| 20 | sobering is not meant to achieve abstinence or the full | ||||||
| 21 | removal of alcohol or other drugs from the system, but to | ||||||
| 22 | decrease the amount of intoxicating substance in a safe | ||||||
| 23 | setting with a recovery-oriented framework. | ||||||
| 24 | (A) A behavioral health urgent care center that | ||||||
| 25 | provides safe sobering services must have access to | ||||||
| 26 | 24-hour on-call emergency medical technicians to | ||||||
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| 1 | ensure the safety of adults who are receiving safe | ||||||
| 2 | sobering services. | ||||||
| 3 | (B) Safe sobering services in a behavioral health | ||||||
| 4 | urgent care center may be located within the same unit | ||||||
| 5 | or program of ASAM Level 3.7 Medically Monitored | ||||||
| 6 | Intensive Inpatient Services for adults to enable a | ||||||
| 7 | seamless transition to this level of care for adults | ||||||
| 8 | who choose to engage in medically necessary withdrawal | ||||||
| 9 | management services. | ||||||
| 10 | (5) Linkages to enable rapid transition to the next | ||||||
| 11 | level of care. Rapid connection to the appropriate levels | ||||||
| 12 | of care or follow-up services to facilitate post-crisis | ||||||
| 13 | care, including short-term crisis residential services, | ||||||
| 14 | services addressing the social determinants of health, and | ||||||
| 15 | overdose prevention, shall be a primary goal of behavioral | ||||||
| 16 | health urgent care centers. | ||||||
| 17 | (6) Length of stay. An individual may receive mental | ||||||
| 18 | health stabilization services or safe sobering services | ||||||
| 19 | for up to, but not longer than, 24 hours in a behavioral | ||||||
| 20 | health urgent care center to address an active mental | ||||||
| 21 | health crisis or substance use crisis. | ||||||
| 22 | (7) Reimbursement for behavioral health urgent care | ||||||
| 23 | center services. | ||||||
| 24 | (A) Crisis triage services. The Department of | ||||||
| 25 | Healthcare and Family Services shall develop one | ||||||
| 26 | bundled rate to cover the full cost of the crisis | ||||||
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| 1 | triage services listed in subparagraph (A) of | ||||||
| 2 | paragraph (1). | ||||||
| 3 | (B) Crisis stabilization services. The Department | ||||||
| 4 | of Healthcare and Family Services shall develop 2 | ||||||
| 5 | separate per diem reimbursement rates to cover the | ||||||
| 6 | full cost of crisis stabilization services listed in | ||||||
| 7 | subparagraph (B) of paragraph (1) and shall look to | ||||||
| 8 | how other states, such as New York and Virginia, have | ||||||
| 9 | developed such rates. A short-term rate shall cover | ||||||
| 10 | the services provided for up to 4 hours in a behavioral | ||||||
| 11 | health urgent care center. A full rate shall apply for | ||||||
| 12 | services delivered for more than 4 hours and up to 24 | ||||||
| 13 | hours. | ||||||
| 14 | (C) Safe sobering services. The Department of | ||||||
| 15 | Healthcare and Family Services, in partnership with | ||||||
| 16 | the Department of Human Services' Division of | ||||||
| 17 | Behavioral Health and Recovery, shall develop 2 | ||||||
| 18 | separate per diem reimbursement rates to cover the | ||||||
| 19 | full cost of safe sobering services. A short-term rate | ||||||
| 20 | shall cover safe sobering services provided for up to | ||||||
| 21 | 4 hours in a behavioral health urgent care center. A | ||||||
| 22 | full rate shall apply for safe sobering services | ||||||
| 23 | delivered for more than 4 hours and up to 24 hours. | ||||||
| 24 | (D) Medication prescribing, evaluation, or | ||||||
| 25 | monitoring. Reimbursement for prescribing, evaluating, | ||||||
| 26 | or monitoring mental health or substance use treatment | ||||||
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| 1 | medications shall be done utilizing the existing | ||||||
| 2 | Current Procedural Terminology codes for such | ||||||
| 3 | services. | ||||||
| 4 | (8) No prior authorization. Prior authorization shall | ||||||
| 5 | not be required or utilized for any of the mental health or | ||||||
| 6 | substance use services provided by a behavioral health | ||||||
| 7 | urgent care center. | ||||||
| 8 | (d) Stakeholder input. The Department of Healthcare and | ||||||
| 9 | Family Services, in partnership with the Department of Human | ||||||
| 10 | Services' Division of Behavioral Health and Recovery, shall | ||||||
| 11 | establish a workgroup within 6 months after the effective date | ||||||
| 12 | of this amendatory Act of the 104th General Assembly that | ||||||
| 13 | includes community-based mental health and substance use | ||||||
| 14 | providers that have established facilities or units similar to | ||||||
| 15 | a behavioral health urgent care center, trade associations | ||||||
| 16 | representing community-based mental health and substance use | ||||||
| 17 | providers, people with lived expertise, and other stakeholders | ||||||
| 18 | to provide meaningful input on the establishment, operations, | ||||||
| 19 | staffing, and financing of behavioral health urgent care | ||||||
| 20 | centers. The workgroup shall meet at least once a month for at | ||||||
| 21 | least 8 months prior to the Department of Healthcare and | ||||||
| 22 | Family Services' application to the Centers for Medicare and | ||||||
| 23 | Medicaid Services for federal financial participation for | ||||||
| 24 | services provided by a behavioral health urgent care center. | ||||||
| 25 | (e) Rulemaking authority. If federal approval is granted, | ||||||
| 26 | the Department of Healthcare and Family Services shall file | ||||||
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| 1 | any rules necessary for implementation of this Section within | ||||||
| 2 | 6 months after federal approval. | ||||||
| 3 | Section 99. Effective date. This Act takes effect upon | ||||||
| 4 | becoming law. | ||||||