HB4113 102ND GENERAL ASSEMBLY

LRB102 18986 KTG 27714 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4113

Introduced 9/3/2021, by Rep. Deb Conroy - Robyn Gabel - Lindsey LaPointe - Michelle Mussman, Katie Stuart, et al.

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.935 new
20 ILCS 1305/1-41 new

Amends the Department of Human Services Act. Creates the Mental Health and Substance Use Disorder Oversight Officer (Officer) within the Department of Human Services under the Secretary of Human Services. Provides that the Officer shall be appointed by the Governor with the advice and consent of the Senate. Permits the Officer to: (i) maintain a staff; (ii) make recommendations for policy, statute, and rule changes; (iii) collect data on the opioid crisis; (iv) ensure the coordination of efforts between various State agencies involved in treating mental health and substance use disorders within the State; and (v) encourage, promote, suggest, and report best practices for treating mental health and substance use disorders in Illinois. Prohibits the Officer from participating in the issuance of any licensing or certification of mental health or substance use disorder treatment services. Prohibits the Officer from participating in any adjudicative decision-making process involving licensing, certification, or licensee discipline. Permits the Officer to compile, collect, or otherwise gather data necessary for the administration of the amendatory Act and to carry out the Officer's duties relating to the recommendation of policy changes. Amends the State Finance Act. Creates the Mental Health and Substance Use Disorder Oversight Officer Fund. Provides that moneys in the fund shall be expended for the Officer, its staff, and its activities and for no other purpose. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 5. The State Finance Act is amended by adding Section 5.935 as follows:

(30 ILCS 105/5.935 new)

Sec. 5.935. The Mental Health and Substance Use Disorder Oversight Officer Fund.

Section 10. The Department of Human Services Act is amended by adding Section 1-41 as follows:

(20 ILCS 1305/1-41 new)

Sec. 1-41. Mental Health and Substance Use Disorder Oversight Officer.

(a) The position of Mental Health and Substance Use Disorder Oversight Officer is created within the Department of Human Services under the Secretary of Human Services. The Mental Health and Substance Use Disorder Oversight Officer shall be appointed by the Governor with the advice and consent of the Senate. The term of office of the Officer shall expire on the third Monday of January in odd-numbered years provided that he or she shall hold office until a successor is appointed and qualified. In case of vacancy in office during the recess of the Senate, the Governor shall make a temporary appointment until the next meeting of the Senate, when the Governor shall nominate some person to fill the office, and any person so nominated who is confirmed by the Senate shall hold office during the remainder of the term and until his or her successor is appointed and qualified.

(b) The Mental Health and Substance Use Disorder Oversight Officer may:

(1) maintain a staff;

(2) make recommendations for policy, statute, and rule changes;

(3) collect data both in Illinois and outside Illinois regarding the opioid crisis;

(4) ensure the coordination of efforts between various State agencies involved in treating mental health and substance use disorders within the State of Illinois; and

(5) encourage, promote, suggest, and report best practices for treating mental health and substance use disorders in Illinois.

(c) The Mental Health and Substance Use Disorder Oversight Officer shall not:

(1) participate in the issuance of any licensing or certification of mental health or substance use disorder treatment services; or

(2) participate in any adjudicative decision-making process involving licensing, certification, or licensee discipline.

(d) Any funding required for the Mental Health and Substance Use Disorder Oversight Officer, its staff, or its activities shall be drawn from the Mental Health and Substance Use Disorder Oversight Officer Fund created in subsection (f).

(e) The Mental Health and Substance Use Disorder Oversight Officer may compile, collect, or otherwise gather data necessary for the administration of this Section and to carry out the Officer's duty relating to the recommendation of policy changes. The Mental Health and Substance Use Disorder Oversight Officer may direct the Department of Public Health and any other relevant State agency to assist in the compilation, collection, and data gathering authorized under this subsection. The Mental Health and Substance Use Disorder Oversight Officer shall compile all of the data into a single report and submit the report to the Governor and the General Assembly and publish the report on its website.

(f) The Mental Health and Substance Use Disorder Oversight Officer Fund is created as a special fund in the State treasury. The Fund shall consist of any moneys appropriated to the Department of Human Services for the Mental Health and Substance Use Disorder Oversight Officer, its staff, or its activities. Moneys shall be expended for the Mental Health and Substance Use Disorder Oversight Officer, its staff, and its activities and for no other purpose. All interest earned on the moneys in the Fund shall be deposited into the Fund.

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