102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5360

 

Introduced 1/31/2022, by Rep. Tim Butler

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/5-46 new

    Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services, in collaboration with the Department of Human Services, to allow current Division of Substance Use Prevention and Recovery licensed and Medicaid certified level 3.5, 3.5D, and 3.7D programs, with existing capacity, to provide more than 16 beds per unit and to receive reimbursement under the medical assistance program for medical assistance recipients.


LRB102 23928 KTG 33127 b

 

 

A BILL FOR

 

HB5360LRB102 23928 KTG 33127 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5adding Section 5-46 as follows:
 
6    (305 ILCS 5/5-46 new)
7    Sec. 5-46. Substance use disorder residential programs.
8    (a) Findings.
9        (1) The most recent National Survey on Drug Use and
10    Health by the Substance Use and Mental Health Services
11    Administration (SAMHSA) shows that approximately 247,000
12    people in Illinois needed treatment at a specialty
13    facility for drug use but were not able to get it.
14        (2) The number of Illinois deaths related to opioid
15    overdose has more than doubled since 2013 with a high in
16    2020 of almost 3,000.
17        (3) The Center for Medicare and Medicaid Services'
18    Institutions for Mental Disease (IMD) Exclusion, which has
19    existed within the Medicaid system since 1965, prohibits a
20    federal matching payment for a service rendered to an
21    individual between the ages of 21 and 64 receiving
22    treatment in an IMD. (An IMD is a facility with more than
23    16 beds that cares for individuals with mental illness. In

 

 

HB5360- 2 -LRB102 23928 KTG 33127 b

1    the context of an IMD, a substance use disorder is
2    considered a mental disease.)
3        (4) The Department of Healthcare and Family Services
4    received authorization under a federally approved 1115
5    Waiver to allow select licensed substance use disorder
6    residential programs to provide Medicaid-covered
7    residential substance use disorder services.
8        (5) The Department of Human Services currently
9    licenses substance use disorder programs with existing bed
10    capacity for adult residential American Society of
11    Addiction Medicine (ASAM) 3.5, 3.5D, and 3.7D programs.
12    (b) Reimbursement. The Department of Healthcare and Family
13Services, in collaboration with the Department of Human
14Services, shall allow current Division of Substance Use
15Prevention and Recovery licensed and Medicaid certified level
163.5, 3.5D, and 3.7D programs, with existing capacity, to
17provide more than 16 beds per unit and to receive
18reimbursement under the medical assistance program for medical
19assistance recipients.