State of Illinois
2023 and 2024


Introduced 2/8/2023, by Rep. La Shawn K. Ford


See Index

    Amends the Substance Use Disorder Act. In provisions requiring the Department of Human Services to establish a public education program regarding gambling disorders, requires the program to (i) promote public awareness to create a gambling informed State regarding the impact of gambling disorders on individuals, families, and communities and the stigma that surrounds gambling disorders and (ii) use screening, crisis intervention, treatment, public awareness, prevention, in-service training, and other innovative means to decrease the incidents of suicide attempts related to a gambling disorder or gambling issues. Requires the Department to determine a statement regarding obtaining assistance with a gambling disorder, which each licensed gambling establishment owner shall post and each master sports wagering licensee shall include on the master sports wagering licensee's portal, Internet website, or computer or mobile application. Permits the Department: to provide advice to State and local officials on gambling disorders; to support gambling disorder prevention, recognition, treatment, and recovery projects; to collaborate with other community-based organizations, substance use disorder treatment centers, or other health care providers engaged in treating individuals who are experiencing gambling disorder; and to perform other actions. Permits the Department to award grants to create or support local gambling prevention, recognition, and response projects. Makes other changes.

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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Substance Use Disorder Act is amended by
5changing Sections 1-5, 1-10, 5-5, 5-10, 5-20, 10-10, 10-15,
610-20, 10-25, 10-30, 10-35, 10-40, 10-45, 10-50, 10-55, 10-60,
715-10, 20-5, 25-5, 25-10, 30-5, 35-5, 35-10, 40-5, 40-10,
840-15,40-20, 45-5, 45-10, 45-15, 45-20, 45-25, 45-30, 45-35,
945-40, 45-45, 45-50, 45-55, 50-5, 50-10, 50-20, 50-25, 50-30,
1050-40, 55-30, 55-35, and 55-40, as follows:
11    (20 ILCS 301/1-5)
12    Sec. 1-5. Legislative declaration. Substance use and
13gambling disorders, as defined in this Act, constitute a
14serious public health problem. The effects on public safety
15and the criminal justice system cause serious social and
16economic losses, as well as great human suffering. It is
17imperative that a comprehensive and coordinated strategy be
18developed under the leadership of a State agency. This
19strategy should be implemented through the facilities of
20federal and local government and community-based agencies
21(which may be public or private, volunteer or professional).
22Through local prevention, early intervention, treatment, and
23other recovery support services, this strategy should empower



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1those struggling with these substance use disorders (and, when
2appropriate, the families of those persons) to lead healthy
4    The human, social, and economic benefits of preventing
5these substance use disorders are great, and it is imperative
6that there be interagency cooperation in the planning and
7delivery of prevention, early intervention, treatment, and
8other recovery support services in Illinois.
9    The provisions of this Act shall be liberally construed to
10enable the Department to carry out these objectives and
12(Source: P.A. 100-759, eff. 1-1-19.)
13    (20 ILCS 301/1-10)
14    Sec. 1-10. Definitions. As used in this Act, unless the
15context clearly indicates otherwise, the following words and
16terms have the following meanings:
17    "Case management" means a coordinated approach to the
18delivery of health and medical treatment, substance use
19disorder treatment, gambling disorder treatment, mental health
20treatment, and social services, linking patients with
21appropriate services to address specific needs and achieve
22stated goals. In general, case management assists patients
23with other disorders and conditions that require multiple
24services over extended periods of time and who face difficulty
25in gaining access to those services.



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1    "Crime of violence" means any of the following crimes:
2murder, voluntary manslaughter, criminal sexual assault,
3aggravated criminal sexual assault, predatory criminal sexual
4assault of a child, armed robbery, robbery, arson, kidnapping,
5aggravated battery, aggravated arson, or any other felony that
6involves the use or threat of physical force or violence
7against another individual.
8    "Department" means the Department of Human Services.
9    "DUI" means driving under the influence of alcohol or
10other drugs.
11    "Designated program" means a category of service
12authorized by an intervention license issued by the Department
13for delivery of all services as described in Article 40 in this
15    "Early intervention" means services, authorized by a
16treatment license, that are sub-clinical and pre-diagnostic
17and that are designed to screen, identify, and address risk
18factors that may be related to problems associated with a
19substance use or gambling disorder substance use disorders and
20to assist individuals in recognizing harmful consequences.
21Early intervention services facilitate emotional and social
22stability and involve involves referrals for treatment, as
24    "Facility" means the building or premises are used for the
25provision of licensable services, including support services,
26as set forth by rule.



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1    "Gambling disorder" means persistent and recurring
2maladaptive gambling behavior that disrupts personal, family,
3or vocational pursuits.
4    "Gambling" means the risking of money or other items of
5value in games of chance, including video gaming, sports
6betting, and other games of chance.
7    "Gaming" means the action or practice of playing video
9    "Holds itself out" means any activity that would lead one
10to reasonably conclude that the individual or entity provides
11or intends to provide licensable substance-related disorder
12intervention or treatment services. Such activities include,
13but are not limited to, advertisements, notices, statements,
14or contractual arrangements with managed care organizations,
15private health insurance, or employee assistance programs to
16provide services that require a license as specified in
17Article 15.
18    "Informed consent" means legally valid written consent,
19given by a client, patient, or legal guardian, that authorizes
20intervention or treatment services from a licensed
21organization and that documents agreement to participate in
22those services and knowledge of the consequences of withdrawal
23from such services. Informed consent also acknowledges the
24client's or patient's right to a conflict-free choice of
25services from any licensed organization and the potential
26risks and benefits of selected services.



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1    "Intoxicated person" means a person whose mental or
2physical functioning is substantially impaired as a result of
3the current effects of alcohol or other drugs within the body.
4    "Medication assisted treatment" means the prescription of
5medications that are approved by the U.S. Food and Drug
6Administration and the Center for Substance Abuse Treatment to
7assist with treatment for a substance use disorder and to
8support recovery for individuals receiving services in a
9facility licensed by the Department. Medication assisted
10treatment includes opioid treatment services as authorized by
11a Department license.
12    "Off-site services" means licensable services are
13conducted at a location separate from the licensed location of
14the provider, and services are operated by an entity licensed
15under this Act and approved in advance by the Department.
16    "Person" means any individual, firm, group, association,
17partnership, corporation, trust, government or governmental
18subdivision or agency.
19    "Prevention" means an interactive process of individuals,
20families, schools, religious organizations, communities and
21regional, state and national organizations whose goals are to
22reduce the prevalence of substance use or gambling disorders,
23prevent the use of illegal drugs and the abuse of legal drugs
24by persons of all ages, prevent the use of alcohol by minors,
25reduce the severity of harm in gambling by persons of all ages,
26build the capacities of individuals and systems, and promote



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1healthy environments, lifestyles, and behaviors.
2    "Recovery" means a process of change through which
3individuals improve their health and wellness, live a
4self-directed life, and reach their full potential.
5    "Recovery support" means services designed to support
6individual recovery from a substance use or gambling disorder
7that may be delivered pre-treatment, during treatment, or post
8treatment. These services may be delivered in a wide variety
9of settings for the purpose of supporting the individual in
10meeting his or her recovery support goals.
11    "Secretary" means the Secretary of the Department of Human
12Services or his or her designee.
13    "Substance use disorder" means a spectrum of persistent
14and recurring problematic behavior that encompasses 10
15separate classes of drugs: alcohol; caffeine; cannabis;
16hallucinogens; inhalants; opioids; sedatives, hypnotics and
17anxiolytics; stimulants; and tobacco; and other unknown
18substances leading to clinically significant impairment or
20    "Treatment" means the broad range of emergency,
21outpatient, and residential care (including assessment,
22diagnosis, case management, treatment, and recovery support
23planning) may be extended to individuals with substance use
24disorders or to the families of those persons.
25    "Withdrawal management" means services designed to manage
26intoxication or withdrawal episodes (previously referred to as



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1detoxification), interrupt the momentum of habitual,
2compulsive substance use and begin the initial engagement in
3medically necessary substance use disorder treatment.
4Withdrawal management allows patients to safely withdraw from
5substances in a controlled medically-structured environment.
6(Source: P.A. 100-759, eff. 1-1-19.)
7    (20 ILCS 301/5-5)
8    Sec. 5-5. Successor department; home rule.
9    (a) The Department of Human Services, as successor to the
10Department of Alcoholism and Substance Abuse, shall assume the
11various rights, powers, duties, and functions provided for in
12this Act.
13    (b) It is declared to be the public policy of this State,
14pursuant to paragraphs (h) and (i) of Section 6 of Article VII
15of the Illinois Constitution of 1970, that the powers and
16functions set forth in this Act and expressly delegated to the
17Department are exclusive State powers and functions. Nothing
18herein prohibits the exercise of any power or the performance
19of any function, including the power to regulate, for the
20protection of the public health, safety, morals and welfare,
21by any unit of local government, other than the powers and
22functions set forth in this Act and expressly delegated to the
23Department to be exclusive State powers and functions.
24    (c) The Department shall, through accountable and
25efficient leadership, example and commitment to excellence,



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1strive to reduce the incidence of substance use or gambling
2disorders by:
3        (1) Fostering public understanding of substance use
4    disorders and how they affect individuals, families, and
5    communities.
6        (2) Promoting healthy lifestyles.
7        (3) Promoting understanding and support for sound
8    public policies.
9        (4) Ensuring quality prevention, early intervention,
10    treatment, and other recovery support services that are
11    accessible and responsive to the diverse needs of
12    individuals, families, and communities.
13(Source: P.A. 100-759, eff. 1-1-19.)
14    (20 ILCS 301/5-10)
15    Sec. 5-10. Functions of the Department.
16    (a) In addition to the powers, duties and functions vested
17in the Department by this Act, or by other laws of this State,
18the Department shall carry out the following activities:
19        (1) Design, coordinate and fund comprehensive
20    community-based and culturally and gender-appropriate
21    services throughout the State. These services must include
22    prevention, early intervention, treatment, and other
23    recovery support services for substance use disorders that
24    are accessible and address addresses the needs of at-risk
25    individuals and their families.



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1        (2) Act as the exclusive State agency to accept,
2    receive and expend, pursuant to appropriation, any public
3    or private monies, grants or services, including those
4    received from the federal government or from other State
5    agencies, for the purpose of providing prevention, early
6    intervention, treatment, and other recovery support
7    services for substance use or gambling disorders.
8        (2.5) In partnership with the Department of Healthcare
9    and Family Services, act as one of the principal State
10    agencies for the sole purpose of calculating the
11    maintenance of effort requirement under Section 1930 of
12    Title XIX, Part B, Subpart II of the Public Health Service
13    Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
14    96.134).
15        (3) Coordinate a statewide strategy for the
16    prevention, early intervention, treatment, and recovery
17    support of substance use or gambling disorders. This
18    strategy shall include the development of a comprehensive
19    plan, submitted annually with the application for federal
20    substance use disorder block grant funding, for the
21    provision of an array of such services. The plan shall be
22    based on local community-based needs and upon data
23    including, but not limited to, that which defines the
24    prevalence of and costs associated with these substance
25    use disorders. This comprehensive plan shall include
26    identification of problems, needs, priorities, services



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1    and other pertinent information, including the needs of
2    marginalized communities minorities and other specific
3    priority populations in the State, and shall describe how
4    the identified problems and needs will be addressed. For
5    purposes of this paragraph, the term "marginalized
6    communities minorities and other specific priority
7    populations" may include, but shall not be limited to,
8    groups such as women, children, persons who use
9    intravenous drugs intravenous drug users, persons with
10    AIDS or who are HIV infected, veterans, African-Americans,
11    Puerto Ricans, Hispanics, Asian Americans, the elderly,
12    persons in the criminal justice system, persons who are
13    clients of services provided by other State agencies,
14    persons with disabilities and such other specific
15    populations as the Department may from time to time
16    identify. In developing the plan, the Department shall
17    seek input from providers, parent groups, associations and
18    interested citizens.
19        The plan developed under this Section shall include an
20    explanation of the rationale to be used in ensuring that
21    funding shall be based upon local community needs,
22    including, but not limited to, the incidence and
23    prevalence of, and costs associated with, these substance
24    use disorders, as well as upon demonstrated program
25    performance.
26        The plan developed under this Section shall also



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1    contain a report detailing the activities of and progress
2    made through services for the care and treatment of these
3    substance use disorders among pregnant women and mothers
4    and their children established under subsection (j) of
5    Section 35-5.
6        As applicable, the plan developed under this Section
7    shall also include information about funding by other
8    State agencies for prevention, early intervention,
9    treatment, and other recovery support services.
10        (4) Lead, foster and develop cooperation, coordination
11    and agreements among federal and State governmental
12    agencies and local providers that provide assistance,
13    services, funding or other functions, peripheral or
14    direct, in the prevention, early intervention, treatment,
15    and recovery support for substance use or gambling
16    disorders. This shall include, but shall not be limited
17    to, the following:
18            (A) Cooperate with and assist other State
19        agencies, as applicable, in establishing and
20        conducting these substance use disorder services among
21        the populations they respectively serve.
22            (B) Cooperate with and assist the Illinois
23        Department of Public Health in the establishment,
24        funding and support of programs and services for the
25        promotion of maternal and child health and the
26        prevention and treatment of infectious diseases,



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1        including but not limited to HIV infection, especially
2        with respect to those persons who are high risk due to
3        intravenous injection of illegal drugs, or who may
4        have been sexual partners of these individuals, or who
5        may have impaired immune systems as a result of a
6        substance use disorder.
7            (C) Supply to the Department of Public Health and
8        prenatal care providers a list of all providers who
9        are licensed to provide substance use disorder
10        treatment for pregnant women in this State.
11            (D) Assist in the placement of child abuse or
12        neglect perpetrators (identified by the Illinois
13        Department of Children and Family Services (DCFS)) who
14        have been determined to be in need of substance use
15        disorder treatment pursuant to Section 8.2 of the
16        Abused and Neglected Child Reporting Act.
17            (E) Cooperate with and assist DCFS in carrying out
18        its mandates to:
19                (i) identify substance use and gambling
20            disorders among its clients and their families;
21            and
22                (ii) develop services to deal with such
23            disorders.
24        These services may include, but shall not be limited
25        to, programs to prevent or treat substance use or
26        gambling disorders with DCFS clients and their



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1        families, identifying child care needs within such
2        treatment, and assistance with other issues as
3        required.
4            (F) Cooperate with and assist the Illinois
5        Criminal Justice Information Authority with respect to
6        statistical and other information concerning the
7        incidence and prevalence of substance use or gambling
8        disorders.
9            (G) Cooperate with and assist the State
10        Superintendent of Education, boards of education,
11        schools, police departments, the Illinois State
12        Police, courts and other public and private agencies
13        and individuals in establishing substance use or
14        gambling disorder prevention programs statewide and
15        preparing curriculum materials for use at all levels
16        of education.
17            (H) Cooperate with and assist the Illinois
18        Department of Healthcare and Family Services in the
19        development and provision of services offered to
20        recipients of public assistance for the treatment and
21        prevention of substance use or gambling disorders.
22            (I) (Blank).
23        (5) From monies appropriated to the Department from
24    the Drunk and Drugged Driving Prevention Fund, reimburse
25    DUI evaluation and risk education programs licensed by the
26    Department for providing indigent persons with free or



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1    reduced-cost evaluation and risk education services
2    relating to a charge of driving under the influence of
3    alcohol or other drugs.
4        (6) Promulgate regulations to identify and disseminate
5    best practice guidelines that can be utilized by publicly
6    and privately funded programs as well as for levels of
7    payment to government funded programs that provide
8    prevention, early intervention, treatment, and other
9    recovery support services for substance use or gambling
10    disorders and those services referenced in Sections 15-10
11    and 40-5.
12        (7) In consultation with providers and related trade
13    associations, specify a uniform methodology for use by
14    funded providers and the Department for billing and
15    collection and dissemination of statistical information
16    regarding services related to substance use or gambling
17    disorders.
18        (8) Receive data and assistance from federal, State
19    and local governmental agencies, and obtain copies of
20    identification and arrest data from all federal, State and
21    local law enforcement agencies for use in carrying out the
22    purposes and functions of the Department.
23        (9) Designate and license providers to conduct
24    screening, assessment, referral and tracking of clients
25    identified by the criminal justice system as having
26    indications of substance use disorders and being eligible



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1    to make an election for treatment under Section 40-5 of
2    this Act, and assist in the placement of individuals who
3    are under court order to participate in treatment.
4        (10) Identify and disseminate evidence-based best
5    practice guidelines as maintained in administrative rule
6    that can be utilized to determine a substance use or
7    gambling disorder diagnosis.
8        (11) (Blank).
9        (12) Make grants with funds appropriated from the Drug
10    Treatment Fund in accordance with Section 7 of the
11    Controlled Substance and Cannabis Nuisance Act, or in
12    accordance with Section 80 of the Methamphetamine Control
13    and Community Protection Act, or in accordance with
14    subsections (h) and (i) of Section 411.2 of the Illinois
15    Controlled Substances Act, or in accordance with Section
16    6z-107 of the State Finance Act.
17        (13) Encourage all health and disability insurance
18    programs to include substance use and gambling disorder
19    treatment as a covered services service and to use
20    evidence-based best practice criteria as maintained in
21    administrative rule and as required in Public Act 99-0480
22    in determining the necessity for such services and
23    continued stay.
24        (14) Award grants and enter into fixed-rate and
25    fee-for-service arrangements with any other department,
26    authority or commission of this State, or any other state



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1    or the federal government or with any public or private
2    agency, including the disbursement of funds and furnishing
3    of staff, to effectuate the purposes of this Act.
4        (15) Conduct a public information campaign to inform
5    the State's Hispanic residents regarding the prevention
6    and treatment of substance use or gambling disorders.
7    (b) In addition to the powers, duties and functions vested
8in it by this Act, or by other laws of this State, the
9Department may undertake, but shall not be limited to, the
10following activities:
11        (1) Require all organizations licensed or funded by
12    the Department to include an education component to inform
13    participants regarding the causes and means of
14    transmission and methods of reducing the risk of acquiring
15    or transmitting HIV infection and other infectious
16    diseases, and to include funding for such education
17    component in its support of the program.
18        (2) Review all State agency applications for federal
19    funds that include provisions relating to the prevention,
20    early intervention and treatment of substance use or
21    gambling disorders in order to ensure consistency.
22        (3) Prepare, publish, evaluate, disseminate and serve
23    as a central repository for educational materials dealing
24    with the nature and effects of substance use or gambling
25    disorders. Such materials may deal with the educational
26    needs of the citizens of Illinois, and may include at



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1    least pamphlets that describe the causes and effects of
2    fetal alcohol spectrum disorders.
3        (4) Develop and coordinate, with regional and local
4    agencies, education and training programs for persons
5    engaged in providing services for persons with substance
6    use or gambling disorders, which programs may include
7    specific HIV education and training for program personnel.
8        (5) Cooperate with and assist in the development of
9    education, prevention, early intervention, and treatment
10    programs for employees of State and local governments and
11    businesses in the State.
12        (6) Utilize the support and assistance of interested
13    persons in the community, including recovering persons, to
14    assist individuals and communities in understanding the
15    dynamics of substance use or gambling disorders, and to
16    encourage individuals with these substance use disorders
17    to voluntarily undergo treatment.
18        (7) Promote, conduct, assist or sponsor basic
19    clinical, epidemiological and statistical research into
20    substance use or gambling disorders and research into the
21    prevention of those problems either solely or in
22    conjunction with any public or private agency.
23        (8) Cooperate with public and private agencies,
24    organizations, institutions of higher education, and
25    individuals in the development of programs, and to provide
26    technical assistance and consultation services for this



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1    purpose.
2        (9) (Blank).
3        (10) (Blank).
4        (11) Fund, promote, or assist entities dealing with
5    substance use or gambling disorders.
6        (12) With monies appropriated from the Group Home Loan
7    Revolving Fund, make loans, directly or through
8    subcontract, to assist in underwriting the costs of
9    housing in which individuals recovering from substance use
10    or gambling disorders may reside, pursuant to Section
11    50-40 of this Act.
12        (13) Promulgate such regulations as may be necessary
13    to carry out the purposes and enforce the provisions of
14    this Act.
15        (14) Provide funding to help parents be effective in
16    preventing substance use or gambling disorders by building
17    an awareness of the family's role in preventing these
18    substance use disorders through adjusting expectations,
19    developing new skills, and setting positive family goals.
20    The programs shall include, but not be limited to, the
21    following subjects: healthy family communication;
22    establishing rules and limits; how to reduce family
23    conflict; how to build self-esteem, competency, and
24    responsibility in children; how to improve motivation and
25    achievement; effective discipline; problem solving
26    techniques; healthy gaming and play habits; appropriate



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1    financial planning and investment strategies; how to talk
2    about gambling and related activities; and how to talk
3    about substance use or gambling drugs and alcohol. The
4    programs shall be open to all parents.
5    (c) There is created within the Department of Human
6Services an Office of Opioid Settlement Administration. The
7Office shall be responsible for implementing and administering
8approved abatement programs as described in Exhibit B of the
9Illinois Opioid Allocation Agreement, effective December 30,
102021. The Office may also implement and administer other
11opioid-related programs, including but not limited to
12prevention, treatment, and recovery services from other funds
13made available to the Department of Human Services. The
14Secretary of Human Services shall appoint or assign staff as
15necessary to carry out the duties and functions of the Office.
16(Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21;
17102-699, eff. 4-19-22.)
18    (20 ILCS 301/5-20)
19    Sec. 5-20. Gambling disorders.
20    (a) Subject to appropriation, the Department shall
21establish a program for public education, research, and
22training regarding gambling disorders and the treatment and
23prevention of gambling disorders. Subject to specific
24appropriation for these stated purposes, the program must
25include all of the following:



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1        (1) Establishment and maintenance of a toll-free
2    hotline and website "800" telephone number to provide
3    crisis counseling and referral services for to families
4    experiencing difficulty related to a as a result of
5    gambling disorder disorders.
6        (2) Promotion of public awareness regarding the
7    recognition and prevention of gambling disorders.
8    Promotion of public awareness to create a gambling
9    informed State regarding the impact of gambling disorders
10    on individuals, families, and communities and the stigma
11    that surrounds gambling disorders.
12        (3) Facilitation, through in-service training,
13    certification promotion, and other innovative means, of
14    the availability of effective assistance programs for
15    gambling disorders.
16        (4) Conducting studies to, and through other
17    innovative means, identify adults and juveniles in this
18    State who have, or who are at risk of developing, gambling
19    disorders.
20        (5) Utilize screening, crisis intervention, treatment,
21    public awareness, prevention, in-service training, and
22    other innovative means, to decrease the incidents of
23    suicide attempts related to a gambling disorder or
24    gambling issues.
25    (b) Subject to appropriation, the Department shall either
26establish and maintain the program or contract with a private



HB2204- 21 -LRB103 27545 KTG 53920 b

1or public entity for the establishment and maintenance of the
2program. Subject to appropriation, either the Department or
3the private or public entity shall implement the hotline and
4website toll-free telephone number, promote public awareness,
5conduct research, fund treatment and recovery services, and
6conduct in-service training concerning gambling disorders.
7    (c) The Department shall determine a statement regarding
8obtaining assistance with a gambling disorder which each
9licensed gambling establishment owner shall post and each
10master sports wagering licensee shall include on the master
11sports wagering licensee's portal, Internet website, or
12computer or mobile application. Subject to appropriation, the
13Department shall produce and supply the signs with the
14statement as specified in Section 10.7 of the Illinois Lottery
15Law, Section 34.1 of the Illinois Horse Racing Act of 1975,
16Section 4.3 of the Bingo License and Tax Act, Section 8.1 of
17the Charitable Games Act, Section 25.95 of the Sports Wagering
18Act, and Section 13.1 of the Illinois Gambling Act, and the
19Video Gaming Act.
20    (d) Programs; gambling disorder prevention.
21        (1) The Department may establish a program to provide
22    for the production and publication, in electronic and
23    other formats, of gambling prevention, recognition,
24    treatment, and recovery literature and other public
25    education methods. The Department may develop and
26    disseminate curricula for use by professionals,



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1    organizations, individuals, or committees interested in
2    the prevention of gambling disorders.
3        (2) The Department may provide advice to State and
4    local officials on gambling disorders, including the
5    prevalence of gambling disorders, programs treating or
6    promoting prevention of gambling disorders, trends in
7    gambling disorder prevalence, and the relationship between
8    gaming and gambling disorders.
9        (3) The Department may support gambling disorder
10    prevention, recognition, treatment, and recovery projects
11    by facilitating the acquisition of gambling prevention
12    curriculums, providing trainings in gambling disorder
13    prevention best practices, connecting programs to health
14    care resources, establishing learning collaboratives
15    between localities and programs, and assisting programs in
16    navigating any regulatory requirements for establishing or
17    expanding such programs.
18        (4) In supporting best practices in gambling disorder
19    prevention programming, the Department may promote the
20    following programmatic elements:
21            (A) Providing funding for community-based
22        organizations to employ community health workers or
23        peer recovery specialists who are familiar with the
24        communities served and can provide culturally
25        competent services.
26            (B) Collaborating with other community-based



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1        organizations, substance use disorder treatment
2        centers, or other health care providers engaged in
3        treating individuals who are experiencing gambling
4        disorder.
5            (C) Providing linkages for individuals to obtain
6        evidence-based gambling disorder treatment.
7            (D) Engaging individuals exiting jails or prisons
8        who are at a high risk of developing a gambling
9        disorder.
10            (E) Providing education and training to
11        community-based organizations who work directly with
12        individuals who are experiencing gambling disorders
13        and those individuals' families and communities.
14            (F) Providing education and training on gambling
15        disorder prevention and response to the judicial
16        system.
17            (G) Informing communities of the impact gambling
18        disorder has on suicidal ideation and suicide attempts
19        and the role health care professionals can have in
20        identifying appropriate treatment.
21            (H) Producing and distributing targeted mass media
22        materials on gambling disorder prevention and
23        response, and the potential dangers of gambling
24        related stigma.
25    (e) Grants.
26        (1) The Department may award grants, in accordance



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1    with this subsection, to create or support local gambling
2    prevention, recognition, and response projects. Local
3    health departments, correctional institutions, hospitals,
4    universities, community-based organizations, and
5    faith-based organizations may apply to the Department for
6    a grant under this subsection at the time and in the manner
7    the Department prescribes.
8        (2) In awarding grants, the Department shall consider
9    the necessity for gambling disorder prevention projects in
10    various settings and shall encourage all grant applicants
11    to develop interventions that will be effective and viable
12    in their local areas.
13        (3) In addition to moneys appropriated by the General
14    Assembly, the Department may seek grants from private
15    foundations, the federal government, and other sources to
16    fund the grants under this Section and to fund an
17    evaluation of the programs supported by the grants.
18        (4) The Department may award grants to create or
19    support local gambling treatment programs. Such programs
20    may include prevention, early intervention, residential
21    and outpatient treatment, and recovery support services
22    for gambling disorders. Local health departments,
23    hospitals, universities, community-based organizations,
24    and faith-based organizations may apply to the Department
25    for a grant under this subsection at the time and in the
26    manner the Department prescribes.



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1(Source: P.A. 100-759, eff. 1-1-19; 101-31, eff. 6-28-19.)
2    (20 ILCS 301/10-10)
3    Sec. 10-10. Powers and duties of the Council. The Council
5        (a) Advise the Department on ways to encourage public
6    understanding and support of the Department's programs.
7        (b) Advise the Department on regulations and licensure
8    proposed by the Department.
9        (c) Advise the Department in the formulation,
10    preparation, and implementation of the annual plan
11    submitted with the federal Substance Use Disorder Block
12    Grant application for prevention, early intervention,
13    treatment, and other recovery support services for
14    substance use disorders.
15        (d) Advise the Department on implementation of
16    substance use and gambling disorder education and
17    prevention programs throughout the State.
18        (e) Assist with incorporating into the annual plan
19    submitted with the federal Substance Use Disorder Block
20    Grant application, planning information specific to
21    Illinois' female population. The information shall
22    contain, but need not be limited to, the types of services
23    funded, the population served, the support services
24    available, and the goals, objectives, proposed methods of
25    achievement, service projections and cost estimate for the



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1    upcoming year.
2        (f) Perform other duties as requested by the
3    Secretary.
4        (g) Advise the Department in the planning,
5    development, and coordination of programs among all
6    agencies and departments of State government, including
7    programs to reduce substance use and gambling disorders,
8    prevent the misuse of illegal and legal drugs by persons
9    of all ages, prevent gambling and gaming by minors, and
10    prevent the use of alcohol by minors.
11        (h) Promote and encourage participation by the private
12    sector, including business, industry, labor, and the
13    media, in programs to prevent substance use and gambling
14    disorders.
15        (i) Encourage the implementation of programs to
16    prevent substance use and gambling disorders in the public
17    and private schools and educational institutions.
18        (j) Gather information, conduct hearings, and make
19    recommendations to the Secretary concerning additions,
20    deletions, or rescheduling of substances under the
21    Illinois Controlled Substances Act.
22        (k) Report as requested to the General Assembly
23    regarding the activities and recommendations made by the
24    Council.
25(Source: P.A. 100-759, eff. 1-1-19.)



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1    (20 ILCS 301/10-15)
2    Sec. 10-15. Qualification and appointment of members. The
3membership of the Illinois Advisory Council may, as needed,
4consist of:
5        (a) A State's Attorney designated by the President of
6    the Illinois State's Attorneys Association.
7        (b) A judge designated by the Chief Justice of the
8    Illinois Supreme Court.
9        (c) A Public Defender appointed by the President of
10    the Illinois Public Defender Association.
11        (d) A local law enforcement officer appointed by the
12    Governor.
13        (e) A labor representative appointed by the Governor.
14        (f) An educator appointed by the Governor.
15        (g) A physician licensed to practice medicine in all
16    its branches appointed by the Governor with due regard for
17    the appointee's knowledge of the field of substance use
18    disorders.
19        (h) 4 members of the Illinois House of
20    Representatives, 2 each appointed by the Speaker and
21    Minority Leader.
22        (i) 4 members of the Illinois Senate, 2 each appointed
23    by the President and Minority Leader.
24        (j) The Chief Executive Officer of the Illinois
25    Association for Behavioral Health or his or her designee.
26        (k) An advocate for the needs of youth appointed by



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1    the Governor.
2        (l) The President of the Illinois State Medical
3    Society or his or her designee.
4        (m) The President of the Illinois Hospital Association
5    or his or her designee.
6        (n) The President of the Illinois Nurses Association
7    or a registered nurse designated by the President.
8        (o) The President of the Illinois Pharmacists
9    Association or a licensed pharmacist designated by the
10    President.
11        (p) The President of the Illinois Chapter of the
12    Association of Labor-Management Administrators and
13    Consultants on Alcoholism.
14        (p-1) The Chief Executive Officer of the Community
15    Behavioral Healthcare Association of Illinois or his or
16    her designee.
17        (q) The Attorney General or his or her designee.
18        (r) The State Comptroller or his or her designee.
19        (s) 20 public members, 8 appointed by the Governor, 3
20    of whom shall be representatives of substance use or
21    gambling disorder treatment programs and one of whom shall
22    be a representative of a manufacturer or importing
23    distributor of alcoholic liquor licensed by the State of
24    Illinois, and 3 public members appointed by each of the
25    President and Minority Leader of the Senate and the
26    Speaker and Minority Leader of the House.



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1        (t) The Director, Secretary, or other chief
2    administrative officer, ex officio, or his or her
3    designee, of each of the following: the Department on
4    Aging, the Department of Children and Family Services, the
5    Department of Corrections, the Department of Juvenile
6    Justice, the Department of Healthcare and Family Services,
7    the Department of Revenue, the Department of Public
8    Health, the Department of Financial and Professional
9    Regulation, the Illinois State Police, the Administrative
10    Office of the Illinois Courts, the Criminal Justice
11    Information Authority, and the Department of
12    Transportation.
13        (u) Each of the following, ex officio, or his or her
14    designee: the Secretary of State, the State Superintendent
15    of Education, and the Chairman of the Board of Higher
16    Education.
17    The public members may not be officers or employees of the
18executive branch of State government; however, the public
19members may be officers or employees of a State college or
20university or of any law enforcement agency. In appointing
21members, due consideration shall be given to the experience of
22appointees in the fields of medicine, law, prevention,
23correctional activities, and social welfare. Vacancies in the
24public membership shall be filled for the unexpired term by
25appointment in like manner as for original appointments, and
26the appointive members shall serve until their successors are



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1appointed and have qualified. Vacancies among the public
2members appointed by the legislative leaders shall be filled
3by the leader of the same house and of the same political party
4as the leader who originally appointed the member.
5    Each non-appointive member may designate a representative
6to serve in his place by written notice to the Department. All
7General Assembly members shall serve until their respective
8successors are appointed or until termination of their
9legislative service, whichever occurs first. The terms of
10office for each of the members appointed by the Governor shall
11be for 3 years, except that of the members first appointed, 3
12shall be appointed for a term of one year, and 4 shall be
13appointed for a term of 2 years. The terms of office of each of
14the public members appointed by the legislative leaders shall
15be for 2 years.
16(Source: P.A. 102-538, eff. 8-20-21.)
17    (20 ILCS 301/15-10)
18    Sec. 15-10. Licensure categories and services. No person
19or program may provide the services or conduct the activities
20described in this Section without first obtaining a license
21therefor from the Department, unless otherwise exempted under
22this Act. The Department shall, by rule, provide requirements
23for each of the following types of licenses and categories of
25        (a) Treatment: Categories of treatment service for a



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1    substance use or gambling disorder authorized by a
2    treatment license are Early Intervention, Outpatient,
3    Intensive Outpatient/Partial Hospitalization, Subacute
4    Residential/Inpatient, and Withdrawal Management.
5    Medication assisted treatment that includes methadone used
6    for an opioid use disorder can be licensed as an adjunct to
7    any of the treatment levels of care specified in this
8    Section.
9        (b) Intervention: Categories of intervention service
10    authorized by an intervention license are DUI Evaluation,
11    DUI Risk Education, Designated Program, and Recovery Homes
12    for persons in any stage of recovery from a substance use
13    or gambling disorder. Harm reduction, which includes harm
14    reduction services, is another category of intervention
15    licensure that can be issued if and when legal
16    authorization is adopted to allow for this service and
17    upon adoption of administrative or funding rules that
18    govern the delivery of the service.
19    The Department may, under procedures established by rule
20and upon a showing of good cause for such, exempt off-site
21services from having to obtain a separate license for services
22conducted away from the provider's licensed location.
23(Source: P.A. 100-759, eff. 1-1-19.)
24    (20 ILCS 301/20-5)
25    Sec. 20-5. Development of statewide prevention system.



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1    (a) The Department shall develop and implement a
2comprehensive, statewide, community-based strategy to reduce
3substance use and gambling disorders and prevent the misuse of
4illegal and legal drugs by persons of all ages, and to prevent
5the use of alcohol by minors. The system created to implement
6this strategy shall be based on the premise that coordination
7among and integration between all community and governmental
8systems will facilitate effective and efficient program
9implementation and utilization of existing resources.
10    (b) The statewide system developed under this Section may
11be adopted by administrative rule or funded as a grant award
12condition and shall be responsible for:
13        (1) Providing programs and technical assistance to
14    improve the ability of Illinois communities and schools to
15    develop, implement and evaluate prevention programs.
16        (2) Initiating and fostering continuing cooperation
17    among the Department, Department-funded prevention
18    programs, other community-based prevention providers and
19    other State, regional, or local systems or agencies that
20    have an interest in substance use disorder prevention.
21    (c) In developing, implementing, and advocating for this
22statewide strategy and system, the Department may engage in,
23but shall not be limited to, the following activities:
24        (1) Establishing and conducting programs to provide
25    awareness and knowledge of the nature and extent of
26    substance use and gambling disorders and their effect on



HB2204- 33 -LRB103 27545 KTG 53920 b

1    individuals, families, and communities.
2        (2) Conducting or providing prevention skill building
3    or education through the use of structured experiences.
4        (3) Developing, supporting, and advocating with new
5    and existing local community coalitions or
6    neighborhood-based grassroots networks using action
7    planning and collaborative systems to initiate change
8    regarding substance use and gambling disorders in their
9    communities.
10        (4) Encouraging, supporting, and advocating for
11    programs and activities that emphasize alcohol-free and
12    other drug-free lifestyles.
13        (5) Drafting and implementing efficient plans for the
14    use of available resources to address issues of substance
15    use disorder prevention.
16        (6) Coordinating local programs of alcoholism and
17    other drug abuse education and prevention.
18        (7) Encouraging the development of local advisory
19    councils.
20    (d) In providing leadership to this system, the Department
21shall take into account, wherever possible, the needs and
22requirements of local communities. The Department shall also
23involve, wherever possible, local communities in its statewide
24planning efforts. These planning efforts shall include, but
25shall not be limited to, in cooperation with local community
26representatives and Department-funded agencies, the analysis



HB2204- 34 -LRB103 27545 KTG 53920 b

1and application of results of local needs assessments, as well
2as a process for the integration of an evaluation component
3into the system. The results of this collaborative planning
4effort shall be taken into account by the Department in making
5decisions regarding the allocation of prevention resources.
6    (e) Prevention programs funded in whole or in part by the
7Department shall maintain staff whose skills, training,
8experiences and cultural awareness demonstrably match the
9needs of the people they are serving.
10    (f) The Department may delegate the functions and
11activities described in subsection (c) of this Section to
12local, community-based providers.
13(Source: P.A. 100-759, eff. 1-1-19.)
14    (20 ILCS 301/25-5)
15    Sec. 25-5. Establishment of comprehensive treatment
16system. The Department shall develop, fund and implement a
17comprehensive, statewide, community-based system for the
18provision of early intervention, treatment, and recovery
19support services for persons suffering from substance use or
20gambling disorders. The system created under this Section
21shall be based on the premise that coordination among and
22integration between all community and governmental systems
23will facilitate effective and efficient program implementation
24and utilization of existing resources.
25(Source: P.A. 100-759, eff. 1-1-19.)



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1    (20 ILCS 301/25-10)
2    Sec. 25-10. Promulgation of regulations. The Department
3shall adopt regulations for licensure, certification for
4Medicaid reimbursement, and to identify evidence-based best
5practice criteria that can be utilized for intervention and
6treatment services, taking into consideration available
7resources and facilities, for the purpose of early and
8effective treatment of substance use and gambling disorders.
9(Source: P.A. 100-759, eff. 1-1-19.)
10    (20 ILCS 301/30-5)
11    Sec. 30-5. Patients' rights established.
12    (a) For purposes of this Section, "patient" means any
13person who is receiving or has received early intervention,
14treatment, or other recovery support services under this Act
15or any category of service licensed as "intervention" under
16this Act.
17    (b) No patient shall be deprived of any rights, benefits,
18or privileges guaranteed by law, the Constitution of the
19United States of America, or the Constitution of the State of
20Illinois solely because of his or her status as a patient.
21    (c) Persons who have substance use or gambling disorders
22who are also suffering from medical conditions shall not be
23discriminated against in admission or treatment by any
24hospital that receives support in any form supported in whole



HB2204- 36 -LRB103 27545 KTG 53920 b

1or in part by funds appropriated to any State department or
3    (d) Every patient shall have impartial access to services
4without regard to race, religion, sex, ethnicity, age, sexual
5orientation, gender identity, marital status, or other
7    (e) Patients shall be permitted the free exercise of
9    (f) Every patient's personal dignity shall be recognized
10in the provision of services, and a patient's personal privacy
11shall be assured and protected within the constraints of his
12or her individual treatment.
13    (g) Treatment services shall be provided in the least
14restrictive environment possible.
15    (h) Each patient receiving treatment services shall be
16provided an individual treatment plan, which shall be
17periodically reviewed and updated as mandated by
18administrative rule.
19    (i) Treatment shall be person-centered, meaning that every
20patient shall be permitted to participate in the planning of
21his or her total care and medical treatment to the extent that
22his or her condition permits.
23    (j) A person shall not be denied treatment solely because
24he or she has withdrawn from treatment against medical advice
25on a prior occasion or had prior treatment episodes.
26    (k) The patient in residential treatment shall be



HB2204- 37 -LRB103 27545 KTG 53920 b

1permitted visits by family and significant others, unless such
2visits are clinically contraindicated.
3    (l) A patient in residential treatment shall be allowed to
4conduct private telephone conversations with family and
5friends unless clinically contraindicated.
6    (m) A patient in residential treatment shall be permitted
7to send and receive mail without hindrance, unless clinically
9    (n) A patient shall be permitted to manage his or her own
10financial affairs unless the patient or the patient's
11guardian, or if the patient is a minor, the patient's parent,
12authorizes another competent person to do so.
13    (o) A patient shall be permitted to request the opinion of
14a consultant at his or her own expense, or to request an
15in-house review of a treatment plan, as provided in the
16specific procedures of the provider. A treatment provider is
17not liable for the negligence of any consultant.
18    (p) Unless otherwise prohibited by State or federal law,
19every patient shall be permitted to obtain from his or her own
20physician, the treatment provider, or the treatment provider's
21consulting physician complete and current information
22concerning the nature of care, procedures, and treatment that
23he or she will receive.
24    (q) A patient shall be permitted to refuse to participate
25in any experimental research or medical procedure without
26compromising his or her access to other, non-experimental



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1services. Before a patient is placed in an experimental
2research or medical procedure, the provider must first obtain
3his or her informed written consent or otherwise comply with
4the federal requirements regarding the protection of human
5subjects contained in 45 CFR Part 46.
6    (r) All medical treatment and procedures shall be
7administered as ordered by a physician and in accordance with
8all Department rules.
9    (s) Every patient in treatment shall be permitted to
10refuse medical treatment and to know the consequences of such
11action. Such refusal by a patient shall free the treatment
12licensee from the obligation to provide the treatment.
13    (t) Unless otherwise prohibited by State or federal law,
14every patient, patient's guardian, or parent, if the patient
15is a minor, shall be permitted to inspect and copy all clinical
16and other records kept by the intervention or treatment
17licensee or by his or her physician concerning his or her care
18and maintenance. The licensee or physician may charge a
19reasonable fee for the duplication of a record.
20    (u) No owner, licensee, administrator, employee, or agent
21of a licensed intervention or treatment program shall abuse or
22neglect a patient. It is the duty of any individual who becomes
23aware of such abuse or neglect to report it to the Department
25    (v) The licensee may refuse access to any person if the
26actions of that person are or could be injurious to the health



HB2204- 39 -LRB103 27545 KTG 53920 b

1and safety of a patient or the licensee, or if the person seeks
2access for commercial purposes.
3    (w) All patients admitted to community-based treatment
4facilities shall be considered voluntary treatment patients
5and such patients shall not be contained within a locked
7    (x) Patients and their families or legal guardians shall
8have the right to present complaints to the provider or the
9Department concerning the quality of care provided to the
10patient, without threat of discharge or reprisal in any form
11or manner whatsoever. The complaint process and procedure
12shall be adopted by the Department by rule. The treatment
13provider shall have in place a mechanism for receiving and
14responding to such complaints, and shall inform the patient
15and the patient's family or legal guardian of this mechanism
16and how to use it. The provider shall analyze any complaint
17received and, when indicated, take appropriate corrective
18action. Every patient and his or her family member or legal
19guardian who makes a complaint shall receive a timely response
20from the provider that substantively addresses the complaint.
21The provider shall inform the patient and the patient's family
22or legal guardian about other sources of assistance if the
23provider has not resolved the complaint to the satisfaction of
24the patient or the patient's family or legal guardian.
25    (y) A patient may refuse to perform labor at a program
26unless such labor is a part of the patient's individual



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1treatment plan as documented in the patient's clinical record.
2    (z) A person who is in need of services may apply for
3voluntary admission in the manner and with the rights provided
4for under regulations promulgated by the Department. If a
5person is refused admission, then staff, subject to rules
6promulgated by the Department, shall refer the person to
7another facility or to other appropriate services.
8    (aa) No patient shall be denied services based solely on
9HIV status. Further, records and information governed by the
10AIDS Confidentiality Act and the AIDS Confidentiality and
11Testing Code (77 Ill. Adm. Code 697) shall be maintained in
12accordance therewith.
13    (bb) Records of the identity, diagnosis, prognosis or
14treatment of any patient maintained in connection with the
15performance of any service or activity relating to substance
16use or gambling disorder education, early intervention,
17intervention, training, or treatment that is regulated,
18authorized, or directly or indirectly assisted by any
19Department or agency of this State or under any provision of
20this Act shall be confidential and may be disclosed only in
21accordance with the provisions of federal law and regulations
22concerning the confidentiality of substance use disorder
23patient records as contained in 42 U.S.C. Sections 290dd-2 and
2442 CFR Part 2, or any successor federal statute or regulation.
25        (1) The following are exempt from the confidentiality
26    protections set forth in 42 CFR Section 2.12(c):



HB2204- 41 -LRB103 27545 KTG 53920 b

1            (A) Veteran's Administration records.
2            (B) Information obtained by the Armed Forces.
3            (C) Information given to qualified service
4        organizations.
5            (D) Communications within a program or between a
6        program and an entity having direct administrative
7        control over that program.
8            (E) Information given to law enforcement personnel
9        investigating a patient's commission of a crime on the
10        program premises or against program personnel.
11            (F) Reports under State law of incidents of
12        suspected child abuse and neglect; however,
13        confidentiality restrictions continue to apply to the
14        records and any follow-up information for disclosure
15        and use in civil or criminal proceedings arising from
16        the report of suspected abuse or neglect.
17        (2) If the information is not exempt, a disclosure can
18    be made only under the following circumstances:
19            (A) With patient consent as set forth in 42 CFR
20        Sections 2.1(b)(1) and 2.31, and as consistent with
21        pertinent State law.
22            (B) For medical emergencies as set forth in 42 CFR
23        Sections 2.1(b)(2) and 2.51.
24            (C) For research activities as set forth in 42 CFR
25        Sections 2.1(b)(2) and 2.52.
26            (D) For audit evaluation activities as set forth



HB2204- 42 -LRB103 27545 KTG 53920 b

1        in 42 CFR Section 2.53.
2            (E) With a court order as set forth in 42 CFR
3        Sections 2.61 through 2.67.
4        (3) The restrictions on disclosure and use of patient
5    information apply whether the holder of the information
6    already has it, has other means of obtaining it, is a law
7    enforcement or other official, has obtained a subpoena, or
8    asserts any other justification for a disclosure or use
9    that is not permitted by 42 CFR Part 2. Any court orders
10    authorizing disclosure of patient records under this Act
11    must comply with the procedures and criteria set forth in
12    42 CFR Sections 2.64 and 2.65. Except as authorized by a
13    court order granted under this Section, no record referred
14    to in this Section may be used to initiate or substantiate
15    any charges against a patient or to conduct any
16    investigation of a patient.
17        (4) The prohibitions of this subsection shall apply to
18    records concerning any person who has been a patient,
19    regardless of whether or when the person ceases to be a
20    patient.
21        (5) Any person who discloses the content of any record
22    referred to in this Section except as authorized shall,
23    upon conviction, be guilty of a Class A misdemeanor.
24        (6) The Department shall prescribe regulations to
25    carry out the purposes of this subsection. These
26    regulations may contain such definitions, and may provide



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1    for such safeguards and procedures, including procedures
2    and criteria for the issuance and scope of court orders,
3    as in the judgment of the Department are necessary or
4    proper to effectuate the purposes of this Section, to
5    prevent circumvention or evasion thereof, or to facilitate
6    compliance therewith.
7    (cc) Each patient shall be given a written explanation of
8all the rights enumerated in this Section and a copy, signed by
9the patient, shall be kept in every patient record. If a
10patient is unable to read such written explanation, it shall
11be read to the patient in a language that the patient
12understands. A copy of all the rights enumerated in this
13Section shall be posted in a conspicuous place within the
14program where it may readily be seen and read by program
15patients and visitors.
16    (dd) The program shall ensure that its staff is familiar
17with and observes the rights and responsibilities enumerated
18in this Section.
19    (ee) Licensed organizations shall comply with the right of
20any adolescent to consent to treatment without approval of the
21parent or legal guardian in accordance with the Consent by
22Minors to Health Care Services Act.
23    (ff) At the point of admission for services, licensed
24organizations must obtain written informed consent, as defined
25in Section 1-10 and in administrative rule, from each client,
26patient, or legal guardian.



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1(Source: P.A. 102-813, eff. 5-13-22.)
2    (20 ILCS 301/35-5)
3    Sec. 35-5. Services for pregnant women and mothers.
4    (a) In order to promote a comprehensive, statewide and
5multidisciplinary approach to serving pregnant women and
6mothers, including those who are minors, and their children
7who are affected by substance use or gambling disorders, the
8Department shall have responsibility for an ongoing exchange
9of referral information among the following:
10        (1) those who provide medical and social services to
11    pregnant women, mothers and their children, whether or not
12    there exists evidence of a substance use or gambling
13    disorder. These include any other State-funded medical or
14    social services to pregnant women.
15        (2) providers of treatment services to women affected
16    by substance use or gambling disorders.
17    (b) (Blank).
18    (c) (Blank).
19    (d) (Blank).
20    (e) (Blank).
21    (f) The Department shall develop and maintain an updated
22and comprehensive directory of licensed providers that deliver
23treatment and intervention services. The Department shall post
24on its website a licensed provider directory updated at least



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1    (g) As a condition of any State grant or contract, the
2Department shall require that any treatment program for women
3with substance use or gambling disorders provide services,
4either by its own staff or by agreement with other agencies or
5individuals, which include but need not be limited to the
7        (1) coordination with any program providing case
8    management services to ensure ongoing monitoring and
9    coordination of services after the addicted woman has
10    returned home.
11        (2) coordination with medical services for individual
12    medical care of pregnant women, including prenatal care
13    under the supervision of a physician.
14        (3) coordination with child care services.
15    (h) As a condition of any State grant or contract, the
16Department shall require that any nonresidential program
17receiving any funding for treatment services accept women who
18are pregnant, provided that such services are clinically
19appropriate. Failure to comply with this subsection shall
20result in termination of the grant or contract and loss of
21State funding.
22    (i)(1) From funds appropriated expressly for the purposes
23of this Section, the Department shall create or contract with
24licensed, certified agencies to develop a program for the care
25and treatment of pregnant women, mothers and their children.
26The program shall be in Cook County in an area of high density



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1population having a disproportionate number of women with
2substance use and other disorders and a high infant mortality
4    (2) From funds appropriated expressly for the purposes of
5this Section, the Department shall create or contract with
6licensed, certified agencies to develop a program for the care
7and treatment of low income pregnant women. The program shall
8be located anywhere in the State outside of Cook County in an
9area of high density population having a disproportionate
10number of low income pregnant women.
11    (3) In implementing the programs established under this
12subsection, the Department shall contract with existing
13residential treatment or recovery homes in areas having a
14disproportionate number of women with substance use and other
15disorders who need residential treatment. Priority shall be
16given to women who:
17        (A) are pregnant, especially if they are intravenous
18    drug users,
19        (B) have minor children,
20        (C) are both pregnant and have minor children, or
21        (D) are referred by medical personnel because they
22    either have given birth to a baby with a substance use
23    disorder, or will give birth to a baby with a substance use
24    disorder.
25    (4) The services provided by the programs shall include
26but not be limited to:



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1        (A) individual medical care, including prenatal care,
2    under the supervision of a physician.
3        (B) temporary, residential shelter for pregnant women,
4    mothers and children when necessary.
5        (C) a range of educational or counseling services.
6        (D) comprehensive and coordinated social services,
7    including therapy groups for the treatment of substance
8    use disorders; family therapy groups; programs to develop
9    positive self-awareness; parent-child therapy; and
10    residential support groups.
11    (5) (Blank).
12(Source: P.A. 100-759, eff. 1-1-19.)
13    (20 ILCS 301/35-10)
14    Sec. 35-10. Adolescent Family Life Program.
15    (a) The General Assembly finds and declares the following:
16        (1) In Illinois, a substantial number of babies are
17    born each year to adolescent mothers between 12 and 19
18    years of age.
19        (2) A substantial percentage of pregnant adolescents
20    have substance use disorders or live in environments in
21    which substance use disorders occur and thus are at risk
22    of exposing their infants to dangerous and harmful
23    circumstances.
24        (3) It is difficult to provide substance use disorder
25    counseling for adolescents in settings designed to serve



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1    adults.
2    (b) To address the findings set forth in subsection (a),
3and subject to appropriation, the Department may establish and
4fund treatment strategies to meet the developmental, social,
5and educational needs of high-risk pregnant adolescents and
6shall do the following:
7        (1) To the maximum extent feasible and appropriate,
8    utilize existing services and funding rather than create
9    new, duplicative services.
10        (2) Include plans for coordination and collaboration
11    with existing perinatal substance use disorder services.
12        (3) Include goals and objectives for reducing the
13    incidence of high-risk pregnant adolescents.
14        (4) Be culturally and linguistically appropriate to
15    the population being served.
16        (5) Include staff development training by substance
17    use and other disorder counselors.
18    As used in this Section, "high-risk pregnant adolescent"
19means a person at least 12 but not more than 18 years of age
20with a substance use or other disorder who is pregnant.
21    (c) (Blank).
22(Source: P.A. 100-759, eff. 1-1-19.)
23    (20 ILCS 301/50-40)
24    Sec. 50-40. Group Home Loan Revolving Fund.
25    (a) There is hereby established the Group Home Loan



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1Revolving Fund, referred to in this Section as the "fund", to
2be held as a separate fund within the State Treasury. Monies in
3this fund shall be appropriated to the Department on a
4continuing annual basis. With these funds, the Department
5shall, directly or through subcontract, make loans to assist
6in underwriting the costs of housing in which there may reside
7individuals who are recovering from substance use or gambling
8disorders, and who are seeking an alcohol-free, gambling-free,
9or drug-free environment in which to live. Consistent with
10federal law and regulation, the Department may establish
11guidelines for approving the use and management of monies
12loaned from the fund, the operation of group homes receiving
13loans under this Section and the repayment of monies loaned.
14    (b) There shall be deposited into the fund such amounts
15including, but not limited to:
16        (1) All receipts, including principal and interest
17    payments and royalties, from any applicable loan agreement
18    made from the fund.
19        (2) All proceeds of assets of whatever nature received
20    by the Department as a result of default or delinquency
21    with respect to loan agreements made from the fund,
22    including proceeds from the sale, disposal, lease or
23    rental of real or personal property that the Department
24    may receive as a result thereof.
25        (3) Any direct appropriations made by the General
26    Assembly, or any gifts or grants made by any person to the



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1    fund.
2        (4) Any income received from interest on investments
3    of monies in the fund.
4    (c) The Treasurer may invest monies in the fund in
5securities constituting obligations of the United States
6government, or in obligations the principal of and interest on
7which are guaranteed by the United States government, or in
8certificates of deposit of any State or national bank which
9are fully secured by obligations guaranteed as to principal
10and interest by the United States government.
11(Source: P.A. 100-759, eff. 1-1-19.)
12    (20 ILCS 301/55-30)
13    Sec. 55-30. Rate increase.
14    (a) The Department shall by rule develop the increased
15rate methodology and annualize the increased rate beginning
16with State fiscal year 2018 contracts to licensed providers of
17community-based substance use and gambling disorders disorder
18intervention or treatment, based on the additional amounts
19appropriated for the purpose of providing a rate increase to
20licensed providers. The Department shall adopt rules,
21including emergency rules under subsection (y) of Section 5-45
22of the Illinois Administrative Procedure Act, to implement the
23provisions of this Section.
24    (b) (Blank).
25    (c) Beginning on July 1, 2022, the Division of Substance



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1Use Prevention and Recovery shall increase reimbursement rates
2for all community-based substance use and gambling disorders
3disorder treatment and intervention services by 47%,
4including, but not limited to, all of the following:
5        (1) Admission and Discharge Assessment.
6        (2) Level 1 (Individual).
7        (3) Level 1 (Group).
8        (4) Level 2 (Individual).
9        (5) Level 2 (Group).
10        (6) Case Management.
11        (7) Psychiatric Evaluation.
12        (8) Medication Assisted Recovery.
13        (9) Community Intervention.
14        (10) Early Intervention (Individual).
15        (11) Early Intervention (Group).
16    Beginning in State Fiscal Year 2023, and every State
17fiscal year thereafter, reimbursement rates for those
18community-based substance use and gambling disorders disorder
19treatment and intervention services shall be adjusted upward
20by an amount equal to the Consumer Price Index-U from the
21previous year, not to exceed 2% in any State fiscal year. If
22there is a decrease in the Consumer Price Index-U, rates shall
23remain unchanged for that State fiscal year. The Department
24shall adopt rules, including emergency rules in accordance
25with the Illinois Administrative Procedure Act, to implement
26the provisions of this Section.



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1    As used in this subsection, "consumer price index-u" means
2the index published by the Bureau of Labor Statistics of the
3United States Department of Labor that measures the average
4change in prices of goods and services purchased by all urban
5consumers, United States city average, all items, 1982-84 =
7(Source: P.A. 101-81, eff. 7-12-19; 102-699, eff. 4-19-22.)
8    (20 ILCS 301/55-40)
9    Sec. 55-40. Recovery residences.
10    (a) As used in this Section, "recovery residence" means a
11sober, safe, and healthy living environment that promotes
12recovery from alcohol and other drug use and associated
13problems. These residences are not subject to Department
14licensure as they are viewed as independent living residences
15that only provide peer support and a lengthened exposure to
16the culture of recovery.
17    (b) The Department shall develop and maintain an online
18registry for recovery residences that operate in Illinois to
19serve as a resource for individuals seeking continued recovery
21    (c) Non-licensable recovery residences are encouraged to
22register with the Department and the registry shall be
23publicly available through online posting.
24    (d) The registry shall indicate any accreditation,
25certification, or licensure that each recovery residence has



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1received from an entity that has developed uniform national
2standards. The registry shall also indicate each recovery
3residence's location in order to assist providers and
4individuals in finding alcohol, gambling, and drug free
5housing options with like-minded residents who are committed
6to alcohol, gambling, and drug free living.
7    (e) Registrants are encouraged to seek national
8accreditation from any entity that has developed uniform State
9or national standards for recovery residences.
10    (f) The Department shall include a disclaimer on the
11registry that states that the recovery residences are not
12regulated by the Department and their listing is provided as a
13resource but not as an endorsement by the State.
14(Source: P.A. 100-1062, eff. 1-1-19; 101-81, eff. 7-12-19.)



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2 Statutes amended in order of appearance
3    20 ILCS 301/1-5
4    20 ILCS 301/1-10
5    20 ILCS 301/5-5
6    20 ILCS 301/5-10
7    20 ILCS 301/5-20
8    20 ILCS 301/10-10
9    20 ILCS 301/10-15
10    20 ILCS 301/15-10
11    20 ILCS 301/20-5
12    20 ILCS 301/25-5
13    20 ILCS 301/25-10
14    20 ILCS 301/30-5
15    20 ILCS 301/35-5
16    20 ILCS 301/35-10
17    20 ILCS 301/50-40
18    20 ILCS 301/55-30
19    20 ILCS 301/55-40