103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2950

 

Introduced 1/31/2024, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2105/2105-410 new
20 ILCS 2805/40 new
210 ILCS 85/6.11a new

    Amends the Department of Veterans' Affairs Act. Provides that a veterans case manager shall be appointed by the Director of Veterans' Affairs, in consultation with the Secretary of Financial and Professional Regulation and the Secretary of Human Services, to assist veterans in obtaining the greatest degree of mental health care and mental health care benefits available and to promote policies that would benefit veterans seeking mental health care. Provides that the case manager shall serve at the pleasure of the Director of Veterans' Affairs. Sets forth the duties of the veterans case manager, including, to: (i) act as an intermediary between health care facilities and veterans health care facilities; (ii) provide information to veterans and health care facilities regarding mental health services available to veterans; (iii) apply for, receive, and administer federal aids, grants, and gifts relating to inpatient mental health services for veterans; (iv) encourage physicians, nurses, and other individuals working in mental health care who have military experience to work in Illinois; and (v) collaborate with health care facilities in identifying, upon a person's admission to a health care facility, the person's eligibility for federal veterans benefits, including prescription drug benefits. Amends the Hospital Licensing Act. Requires the Department of Financial and Professional Regulation to adopt rules requiring hospitals, upon identifying a person requiring mental health services as a veteran, to establish and implement certain protocols including (1) contacting the veterans case manager regarding the veteran's admission, (2) identifying whether the veteran is at risk for causing harm to the veteran's self or others, and (3) preventing the hospital from treating a veteran with less or different care than nonveteran patients solely because of a person's veteran status. Amends the Department of Professional Regulation Law. Requires the Department of Financial and Professional Regulation to establish rules requiring licensed health care professionals, as specified, to receive continuing education credits regarding the treatment of veterans as a condition of license renewal.


LRB103 38060 KTG 68192 b

 

 

A BILL FOR

 

SB2950LRB103 38060 KTG 68192 b

1    AN ACT concerning veterans.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Professional Regulation Law
5of the Civil Administrative Code of Illinois is amended by
6adding Section 2105-410 as follows:
 
7    (20 ILCS 2105/2105-410 new)
8    Sec. 2105-410. Continuing education; treatment of veterans
9with a mental health issue.
10    (a) As used in this Section, "licensed health care
11professional" means a person licensed or registered by the
12Department under the following Acts: the Medical Practice Act
13of 1987, the Illinois Dental Practice Act, the Physician
14Assistant Practice Act of 1987, the Podiatric Medical Practice
15Act of 1987, and the Nurse Practice Act.
16    (b) The Department shall establish rules requiring a
17licensed health care professional to receive continuing
18education credits regarding the treatment of veterans, as
19defined in Section 40 of the Department of Veterans' Affairs
20Act, as a condition of license renewal. The Department, in
21consultation with the veterans case manager established in
22Section 40 of the Department of Veterans' Affairs Act, shall
23have the authority to determine how often a licensee must

 

 

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1receive continuing education credits.
 
2    Section 10. The Department of Veterans' Affairs Act is
3amended by adding Section 40 as follows:
 
4    (20 ILCS 2805/40 new)
5    Sec. 40. Veterans case manager.
6    (a) As used in this Section:
7    "Health care facility" means a hospital as defined in the
8Hospital Licensing Act, a hospice program licensed under the
9Hospice Program Licensing Act, an assisted living or shared
10housing establishment licensed under the Assisted Living and
11Shared Housing Act, a facility licensed under the Nursing Home
12Care Act, a facility licensed under the ID/DD Community Care
13Act, or a facility licensed under the Specialized Mental
14Health Rehabilitation Act of 2013.
15    "Veteran" means an Illinois resident who has served or is
16currently serving as a member of the United States Armed
17Forces, a member of the Illinois National Guard, or a member of
18a Reserve Component of the United States Armed Forces.
19    "Veterans health care facility" means a facility operated
20by the United States of Veterans Affairs, Veterans Health
21Administration.
22    (b) A veterans case manager shall be appointed by the
23Director of Veterans' Affairs, in consultation with the
24Secretary of Financial and Professional Regulation and the

 

 

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1Secretary of Human Services, to assist veterans in obtaining
2the greatest degree of mental health care and mental health
3care benefits available and to promote policies that would
4benefit veterans seeking mental health care. The case manager
5shall serve at the pleasure of, and report directly to, the
6Director of Veterans' Affairs.
7    (c) The veterans case manager shall perform the following
8duties:
9        (1) Act as an intermediary between health care
10    facilities and veterans health care facilities.
11        (2) Assist health care facilities in the transfer of
12    veterans to veterans health care facilities.
13        (3) Provide information to veterans and health care
14    facilities regarding mental health services available to
15    veterans.
16        (4) Apply for, receive, and administer federal aids,
17    grants, and gifts relating to inpatient mental health
18    services for veterans.
19        (5) Work with veteran service officers to inform
20    veterans of benefits that may be available to veterans for
21    mental health services.
22        (6) Recommend to the Department of Financial and
23    Professional Regulation standards and courses of study
24    that fulfill the continuing education requirements under
25    Section 2105-370 of the Department of Professional
26    Regulation Law of the Civil Administrative Code.

 

 

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1        (7) Ensure that veterans are treated by health care
2    facilities with at least the same level of care as
3    nonveterans.
4        (8) Encourage physicians, nurses, and other
5    individuals working in mental health care who have
6    military experience to work in Illinois.
7        (9) Inform Illinois residents who are veterans or
8    currently serving in the military about education,
9    benefits, and support available to obtain a degree or
10    certification that would allow the person to become a
11    mental health care worker.
12        (10) Collaborate with health care facilities in
13    identifying, upon a person's admission to a health care
14    facility, the person's eligibility for benefits through
15    the United States Department of Veterans Affairs,
16    including prescription drug benefit eligibility, and
17    programs with a focus on veterans.
18        (11) Collaborate with the Department of Public Health
19    to identify any barriers to veterans in accessing
20    prescription drug benefits designated for veterans.
21        (12) Assist health care facilities in amending rules
22    and procedures for medication administration to allow
23    veterans greater access to prescription drug benefits.
 
24    Section 15. The Hospital Licensing Act is amended by
25adding Section 6.11a as follows:
 

 

 

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1    (210 ILCS 85/6.11a new)
2    Sec. 6.11a. Protocols for the treatment of veterans.
3    (a) As used in this Section:
4    "Veteran" means an Illinois resident who has served or is
5currently serving as a member of the United States Armed
6Forces, a member of the Illinois National Guard, or a member of
7a Reserve Component of the United States Armed Forces.
8    "Veterans case manager" means a veterans case manager as
9described in Section 40 of the Department of Veterans' Affairs
10Act.
11    (b) The Department shall adopt rules requiring hospitals,
12upon identifying a person requiring mental health services as
13a veteran, to establish and implement protocols providing for
14all of the following:
15        (1) Contacting the veterans case manager regarding the
16    veteran's admission.
17        (2) Identifying whether the veteran is at risk for
18    causing harm to the veteran's self or others.
19        (3) Holding a veteran experiencing or at risk of
20    experiencing a mental health crisis for a period of not
21    less than 23 hours unless a court order dictates otherwise
22    or the patient is allowed to transfer to a veterans health
23    care facility as defined in Section 40 of the Department
24    of Veterans' Affairs Act.
25        (4) Requiring the hospital to evaluate the veteran's

 

 

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1    mental stability to determine if the veteran is a threat
2    to the safety of the veteran's self or others prior to the
3    veteran's discharge.
4        (5) Preventing the hospital from treating a veteran
5    with less or different care than nonveteran patients
6    solely because of a person's veteran status.
7    (c) The Department, in consultation with the Department of
8Veterans' Affairs, shall adopt rules that provide that if a
9person is eligible for benefits through the United States
10Department of Veterans Affairs or any other third-party payor,
11the payor of last resort for reimbursement to a hospital is the
12medical assistance program established under Article V of the
13Illinois Public Aid Code. The rules shall also require the
14hospital to request information from a person or a person's
15personal representative regarding the person's veteran status
16and to report to the veterans case manager only the names of
17persons identified as potential veterans along with the names
18of their spouses and any dependents. Information reported by
19the hospital shall be verified by the Department. This
20subsection shall not apply to the admission of a person for
21outpatient mental health services.
22    (d) The Department shall adopt rules that require
23hospitals to collaborate with the veterans case manager to
24identify barriers veterans may face in obtaining prescription
25drug benefits, and require, upon the admission of a person
26eligible for benefits through the United States Department of

 

 

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1Veterans Affairs to a hospital, the hospital to cooperate with
2the veterans case manager to assess the extent for which the
3person is eligible for prescription drug benefits.