HB2204 EngrossedLRB103 27545 KTG 53920 b

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,
615-10, 20-5, 25-5, 25-10, 30-5, 35-5, 35-10, 50-40, 55-30, and
755-40 as follows:
8    (20 ILCS 301/1-5)
9    Sec. 1-5. Legislative declaration. Substance use and
10gambling disorders, as defined in this Act, constitute a
11serious public health problem. The effects on public safety
12and the criminal justice system cause serious social and
13economic losses, as well as great human suffering. It is
14imperative that a comprehensive and coordinated strategy be
15developed under the leadership of a State agency. This
16strategy should be implemented through the facilities of
17federal and local government and community-based agencies
18(which may be public or private, volunteer or professional).
19Through local prevention, early intervention, treatment, and
20other recovery support services, this strategy should empower
21those struggling with these substance use disorders (and, when
22appropriate, the families of those persons) to lead healthy



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1    The human, social, and economic benefits of preventing
2these substance use disorders are great, and it is imperative
3that there be interagency cooperation in the planning and
4delivery of prevention, early intervention, treatment, and
5other recovery support services in Illinois.
6    The provisions of this Act shall be liberally construed to
7enable the Department to carry out these objectives and
9(Source: P.A. 100-759, eff. 1-1-19.)
10    (20 ILCS 301/1-10)
11    Sec. 1-10. Definitions. As used in this Act, unless the
12context clearly indicates otherwise, the following words and
13terms have the following meanings:
14    "Case management" means a coordinated approach to the
15delivery of health and medical treatment, substance use
16disorder treatment, gambling disorder treatment, mental health
17treatment, and social services, linking patients with
18appropriate services to address specific needs and achieve
19stated goals. In general, case management assists patients
20with other disorders and conditions that require multiple
21services over extended periods of time and who face difficulty
22in gaining access to those services.
23    "Crime of violence" means any of the following crimes:
24murder, voluntary manslaughter, criminal sexual assault,
25aggravated criminal sexual assault, predatory criminal sexual



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1assault of a child, armed robbery, robbery, arson, kidnapping,
2aggravated battery, aggravated arson, or any other felony that
3involves the use or threat of physical force or violence
4against another individual.
5    "Department" means the Department of Human Services.
6    "DUI" means driving under the influence of alcohol or
7other drugs.
8    "Designated program" means a category of service
9authorized by an intervention license issued by the Department
10for delivery of all services as described in Article 40 in this
12    "Early intervention" means services, authorized by a
13treatment license, that are sub-clinical and pre-diagnostic
14and that are designed to screen, identify, and address risk
15factors that may be related to problems associated with a
16substance use or gambling disorder substance use disorders and
17to assist individuals in recognizing harmful consequences.
18Early intervention services facilitate emotional and social
19stability and involve involves referrals for treatment, as
21    "Facility" means the building or premises are used for the
22provision of licensable services, including support services,
23as set forth by rule.
24    "Gambling disorder" means persistent and recurring
25maladaptive gambling behavior that disrupts personal, family,
26or vocational pursuits.



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1    "Gambling" means the risking of money or other items of
2value in games of chance, including video gaming, sports
3betting, and other games of chance.
4    "Gaming" means the action or practice of playing video
6    "Holds itself out" means any activity that would lead one
7to reasonably conclude that the individual or entity provides
8or intends to provide licensable substance-related disorder
9intervention or treatment services. Such activities include,
10but are not limited to, advertisements, notices, statements,
11or contractual arrangements with managed care organizations,
12private health insurance, or employee assistance programs to
13provide services that require a license as specified in
14Article 15.
15    "Informed consent" means legally valid written consent,
16given by a client, patient, or legal guardian, that authorizes
17intervention or treatment services from a licensed
18organization and that documents agreement to participate in
19those services and knowledge of the consequences of withdrawal
20from such services. Informed consent also acknowledges the
21client's or patient's right to a conflict-free choice of
22services from any licensed organization and the potential
23risks and benefits of selected services.
24    "Intoxicated person" means a person whose mental or
25physical functioning is substantially impaired as a result of
26the current effects of alcohol or other drugs within the body.



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



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1self-directed life, and reach their full potential.
2    "Recovery support" means services designed to support
3individual recovery from a substance use or gambling disorder
4that may be delivered pre-treatment, during treatment, or post
5treatment. These services may be delivered in a wide variety
6of settings for the purpose of supporting the individual in
7meeting his or her recovery support goals.
8    "Secretary" means the Secretary of the Department of Human
9Services or his or her designee.
10    "Substance use disorder" means a spectrum of persistent
11and recurring problematic behavior that encompasses 10
12separate classes of drugs: alcohol; caffeine; cannabis;
13hallucinogens; inhalants; opioids; sedatives, hypnotics and
14anxiolytics; stimulants; and tobacco; and other unknown
15substances leading to clinically significant impairment or
17    "Treatment" means the broad range of emergency,
18outpatient, and residential care (including assessment,
19diagnosis, case management, treatment, and recovery support
20planning) may be extended to individuals with substance use
21disorders or to the families of those persons.
22    "Withdrawal management" means services designed to manage
23intoxication or withdrawal episodes (previously referred to as
24detoxification), interrupt the momentum of habitual,
25compulsive substance use and begin the initial engagement in
26medically necessary substance use disorder treatment.



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



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



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



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



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



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



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



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



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



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



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



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



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1    programs shall be open to all parents.
2    (c) There is created within the Department of Human
3Services an Office of Opioid Settlement Administration. The
4Office shall be responsible for implementing and administering
5approved abatement programs as described in Exhibit B of the
6Illinois Opioid Allocation Agreement, effective December 30,
72021. The Office may also implement and administer other
8opioid-related programs, including but not limited to
9prevention, treatment, and recovery services from other funds
10made available to the Department of Human Services. The
11Secretary of Human Services shall appoint or assign staff as
12necessary to carry out the duties and functions of the Office.
13(Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21;
14102-699, eff. 4-19-22.)
15    (20 ILCS 301/5-20)
16    Sec. 5-20. Gambling disorders.
17    (a) Subject to appropriation, the Department shall
18establish a program for public education, research, and
19training regarding gambling disorders and the treatment and
20prevention of gambling disorders. Subject to specific
21appropriation for these stated purposes, the program must
22include all of the following:
23        (1) Establishment and maintenance of a toll-free
24    hotline and website "800" telephone number to provide
25    crisis counseling and referral services for to families



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



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



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



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



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1    universities, community-based organizations, and
2    faith-based organizations may apply to the Department for
3    a grant under this subsection at the time and in the manner
4    the Department prescribes.
5        (2) In awarding grants, the Department shall consider
6    the necessity for gambling disorder prevention projects in
7    various settings and shall encourage all grant applicants
8    to develop interventions that will be effective and viable
9    in their local areas.
10        (3) In addition to moneys appropriated by the General
11    Assembly, the Department may seek grants from private
12    foundations, the federal government, and other sources to
13    fund the grants under this Section and to fund an
14    evaluation of the programs supported by the grants.
15        (4) The Department may award grants to create or
16    support local gambling treatment programs. Such programs
17    may include prevention, early intervention, residential
18    and outpatient treatment, and recovery support services
19    for gambling disorders. Local health departments,
20    hospitals, universities, community-based organizations,
21    and faith-based organizations may apply to the Department
22    for a grant under this subsection at the time and in the
23    manner the Department prescribes.
24(Source: P.A. 100-759, eff. 1-1-19; 101-31, eff. 6-28-19.)
25    (20 ILCS 301/10-10)



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



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1        (g) Advise the Department in the planning,
2    development, and coordination of programs among all
3    agencies and departments of State government, including
4    programs to reduce substance use and gambling disorders,
5    prevent the misuse of illegal and legal drugs by persons
6    of all ages, prevent gambling and gaming by minors, and
7    prevent the use of alcohol by minors.
8        (h) Promote and encourage participation by the private
9    sector, including business, industry, labor, and the
10    media, in programs to prevent substance use and gambling
11    disorders.
12        (i) Encourage the implementation of programs to
13    prevent substance use and gambling disorders in the public
14    and private schools and educational institutions.
15        (j) Gather information, conduct hearings, and make
16    recommendations to the Secretary concerning additions,
17    deletions, or rescheduling of substances under the
18    Illinois Controlled Substances Act.
19        (k) Report as requested to the General Assembly
20    regarding the activities and recommendations made by the
21    Council.
22(Source: P.A. 100-759, eff. 1-1-19.)
23    (20 ILCS 301/10-15)
24    Sec. 10-15. Qualification and appointment of members. The
25membership of the Illinois Advisory Council may, as needed,



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



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



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



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



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



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



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



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



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



HB2204 Engrossed- 36 -LRB103 27545 KTG 53920 b

1without regard to race, religion, sex, ethnicity, age, sexual
2orientation, gender identity, marital status, or other
4    (e) Patients shall be permitted the free exercise of
6    (f) Every patient's personal dignity shall be recognized
7in the provision of services, and a patient's personal privacy
8shall be assured and protected within the constraints of his
9or her individual treatment.
10    (g) Treatment services shall be provided in the least
11restrictive environment possible.
12    (h) Each patient receiving treatment services shall be
13provided an individual treatment plan, which shall be
14periodically reviewed and updated as mandated by
15administrative rule.
16    (i) Treatment shall be person-centered, meaning that every
17patient shall be permitted to participate in the planning of
18his or her total care and medical treatment to the extent that
19his or her condition permits.
20    (j) A person shall not be denied treatment solely because
21he or she has withdrawn from treatment against medical advice
22on a prior occasion or had prior treatment episodes.
23    (k) The patient in residential treatment shall be
24permitted visits by family and significant others, unless such
25visits are clinically contraindicated.
26    (l) A patient in residential treatment shall be allowed to



HB2204 Engrossed- 37 -LRB103 27545 KTG 53920 b

1conduct private telephone conversations with family and
2friends unless clinically contraindicated.
3    (m) A patient in residential treatment shall be permitted
4to send and receive mail without hindrance, unless clinically
6    (n) A patient shall be permitted to manage his or her own
7financial affairs unless the patient or the patient's
8guardian, or if the patient is a minor, the patient's parent,
9authorizes another competent person to do so.
10    (o) A patient shall be permitted to request the opinion of
11a consultant at his or her own expense, or to request an
12in-house review of a treatment plan, as provided in the
13specific procedures of the provider. A treatment provider is
14not liable for the negligence of any consultant.
15    (p) Unless otherwise prohibited by State or federal law,
16every patient shall be permitted to obtain from his or her own
17physician, the treatment provider, or the treatment provider's
18consulting physician complete and current information
19concerning the nature of care, procedures, and treatment that
20he or she will receive.
21    (q) A patient shall be permitted to refuse to participate
22in any experimental research or medical procedure without
23compromising his or her access to other, non-experimental
24services. Before a patient is placed in an experimental
25research or medical procedure, the provider must first obtain
26his or her informed written consent or otherwise comply with



HB2204 Engrossed- 38 -LRB103 27545 KTG 53920 b

1the federal requirements regarding the protection of human
2subjects contained in 45 CFR Part 46.
3    (r) All medical treatment and procedures shall be
4administered as ordered by a physician and in accordance with
5all Department rules.
6    (s) Every patient in treatment shall be permitted to
7refuse medical treatment and to know the consequences of such
8action. Such refusal by a patient shall free the treatment
9licensee from the obligation to provide the treatment.
10    (t) Unless otherwise prohibited by State or federal law,
11every patient, patient's guardian, or parent, if the patient
12is a minor, shall be permitted to inspect and copy all clinical
13and other records kept by the intervention or treatment
14licensee or by his or her physician concerning his or her care
15and maintenance. The licensee or physician may charge a
16reasonable fee for the duplication of a record.
17    (u) No owner, licensee, administrator, employee, or agent
18of a licensed intervention or treatment program shall abuse or
19neglect a patient. It is the duty of any individual who becomes
20aware of such abuse or neglect to report it to the Department
22    (v) The licensee may refuse access to any person if the
23actions of that person are or could be injurious to the health
24and safety of a patient or the licensee, or if the person seeks
25access for commercial purposes.
26    (w) All patients admitted to community-based treatment



HB2204 Engrossed- 39 -LRB103 27545 KTG 53920 b

1facilities shall be considered voluntary treatment patients
2and such patients shall not be contained within a locked
4    (x) Patients and their families or legal guardians shall
5have the right to present complaints to the provider or the
6Department concerning the quality of care provided to the
7patient, without threat of discharge or reprisal in any form
8or manner whatsoever. The complaint process and procedure
9shall be adopted by the Department by rule. The treatment
10provider shall have in place a mechanism for receiving and
11responding to such complaints, and shall inform the patient
12and the patient's family or legal guardian of this mechanism
13and how to use it. The provider shall analyze any complaint
14received and, when indicated, take appropriate corrective
15action. Every patient and his or her family member or legal
16guardian who makes a complaint shall receive a timely response
17from the provider that substantively addresses the complaint.
18The provider shall inform the patient and the patient's family
19or legal guardian about other sources of assistance if the
20provider has not resolved the complaint to the satisfaction of
21the patient or the patient's family or legal guardian.
22    (y) A patient may refuse to perform labor at a program
23unless such labor is a part of the patient's individual
24treatment plan as documented in the patient's clinical record.
25    (z) A person who is in need of services may apply for
26voluntary admission in the manner and with the rights provided



HB2204 Engrossed- 40 -LRB103 27545 KTG 53920 b

1for under regulations promulgated by the Department. If a
2person is refused admission, then staff, subject to rules
3promulgated by the Department, shall refer the person to
4another facility or to other appropriate services.
5    (aa) No patient shall be denied services based solely on
6HIV status. Further, records and information governed by the
7AIDS Confidentiality Act and the AIDS Confidentiality and
8Testing Code (77 Ill. Adm. Code 697) shall be maintained in
9accordance therewith.
10    (bb) Records of the identity, diagnosis, prognosis or
11treatment of any patient maintained in connection with the
12performance of any service or activity relating to substance
13use or gambling disorder education, early intervention,
14intervention, training, or treatment that is regulated,
15authorized, or directly or indirectly assisted by any
16Department or agency of this State or under any provision of
17this Act shall be confidential and may be disclosed only in
18accordance with the provisions of federal law and regulations
19concerning the confidentiality of substance use disorder
20patient records as contained in 42 U.S.C. Sections 290dd-2 and
2142 CFR Part 2, or any successor federal statute or regulation.
22        (1) The following are exempt from the confidentiality
23    protections set forth in 42 CFR Section 2.12(c):
24            (A) Veteran's Administration records.
25            (B) Information obtained by the Armed Forces.
26            (C) Information given to qualified service



HB2204 Engrossed- 41 -LRB103 27545 KTG 53920 b

1        organizations.
2            (D) Communications within a program or between a
3        program and an entity having direct administrative
4        control over that program.
5            (E) Information given to law enforcement personnel
6        investigating a patient's commission of a crime on the
7        program premises or against program personnel.
8            (F) Reports under State law of incidents of
9        suspected child abuse and neglect; however,
10        confidentiality restrictions continue to apply to the
11        records and any follow-up information for disclosure
12        and use in civil or criminal proceedings arising from
13        the report of suspected abuse or neglect.
14        (2) If the information is not exempt, a disclosure can
15    be made only under the following circumstances:
16            (A) With patient consent as set forth in 42 CFR
17        Sections 2.1(b)(1) and 2.31, and as consistent with
18        pertinent State law.
19            (B) For medical emergencies as set forth in 42 CFR
20        Sections 2.1(b)(2) and 2.51.
21            (C) For research activities as set forth in 42 CFR
22        Sections 2.1(b)(2) and 2.52.
23            (D) For audit evaluation activities as set forth
24        in 42 CFR Section 2.53.
25            (E) With a court order as set forth in 42 CFR
26        Sections 2.61 through 2.67.



HB2204 Engrossed- 42 -LRB103 27545 KTG 53920 b

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



HB2204 Engrossed- 43 -LRB103 27545 KTG 53920 b

1    proper to effectuate the purposes of this Section, to
2    prevent circumvention or evasion thereof, or to facilitate
3    compliance therewith.
4    (cc) Each patient shall be given a written explanation of
5all the rights enumerated in this Section and a copy, signed by
6the patient, shall be kept in every patient record. If a
7patient is unable to read such written explanation, it shall
8be read to the patient in a language that the patient
9understands. A copy of all the rights enumerated in this
10Section shall be posted in a conspicuous place within the
11program where it may readily be seen and read by program
12patients and visitors.
13    (dd) The program shall ensure that its staff is familiar
14with and observes the rights and responsibilities enumerated
15in this Section.
16    (ee) Licensed organizations shall comply with the right of
17any adolescent to consent to treatment without approval of the
18parent or legal guardian in accordance with the Consent by
19Minors to Health Care Services Act.
20    (ff) At the point of admission for services, licensed
21organizations must obtain written informed consent, as defined
22in Section 1-10 and in administrative rule, from each client,
23patient, or legal guardian.
24(Source: P.A. 102-813, eff. 5-13-22.)
25    (20 ILCS 301/35-5)



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1    Sec. 35-5. Services for pregnant women and mothers.
2    (a) In order to promote a comprehensive, statewide and
3multidisciplinary approach to serving pregnant women and
4mothers, including those who are minors, and their children
5who are affected by substance use or gambling disorders, the
6Department shall have responsibility for an ongoing exchange
7of referral information among the following:
8        (1) those who provide medical and social services to
9    pregnant women, mothers and their children, whether or not
10    there exists evidence of a substance use or gambling
11    disorder. These include any other State-funded medical or
12    social services to pregnant women.
13        (2) providers of treatment services to women affected
14    by substance use or gambling disorders.
15    (b) (Blank).
16    (c) (Blank).
17    (d) (Blank).
18    (e) (Blank).
19    (f) The Department shall develop and maintain an updated
20and comprehensive directory of licensed providers that deliver
21treatment and intervention services. The Department shall post
22on its website a licensed provider directory updated at least
24    (g) As a condition of any State grant or contract, the
25Department shall require that any treatment program for women
26with substance use or gambling disorders provide services,



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



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



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



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



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



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1    (c) The Treasurer may invest monies in the fund in
2securities constituting obligations of the United States
3government, or in obligations the principal of and interest on
4which are guaranteed by the United States government, or in
5certificates of deposit of any State or national bank which
6are fully secured by obligations guaranteed as to principal
7and interest by the United States government.
8(Source: P.A. 100-759, eff. 1-1-19.)
9    (20 ILCS 301/55-30)
10    Sec. 55-30. Rate increase.
11    (a) The Department shall by rule develop the increased
12rate methodology and annualize the increased rate beginning
13with State fiscal year 2018 contracts to licensed providers of
14community-based substance use and gambling disorders disorder
15intervention or treatment, based on the additional amounts
16appropriated for the purpose of providing a rate increase to
17licensed providers. The Department shall adopt rules,
18including emergency rules under subsection (y) of Section 5-45
19of the Illinois Administrative Procedure Act, to implement the
20provisions of this Section.
21    (b) (Blank).
22    (c) Beginning on July 1, 2022, the Division of Substance
23Use Prevention and Recovery shall increase reimbursement rates
24for all community-based substance use and gambling disorders
25disorder treatment and intervention services by 47%,



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



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



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1individuals in finding alcohol, gambling, and drug free
2housing options with like-minded residents who are committed
3to alcohol, gambling, and drug free living.
4    (e) Registrants are encouraged to seek national
5accreditation from any entity that has developed uniform State
6or national standards for recovery residences.
7    (f) The Department shall include a disclaimer on the
8registry that states that the recovery residences are not
9regulated by the Department and their listing is provided as a
10resource but not as an endorsement by the State.
11(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