Illinois General Assembly - Full Text of HB1321
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Full Text of HB1321  102nd General Assembly

HB1321enr 102ND GENERAL ASSEMBLY



 


 
HB1321 EnrolledLRB102 03336 KTG 13349 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the First
5Responder Mental Health Grant Program Act.
 
6    Section 5. Legislative intent.
7    (a) The General Assembly recognizes the difficult nature
8of the job of first responder, including trauma endured by
9first responders in the performance of their duties.
10    (b) It is the intent of the General Assembly to ensure that
11first responders, including police, firefighters, emergency
12medical technicians, and public safety telecommunicators
13across this State have full access to supportive and
14responsive behavioral health services and treatment.
15    (c) The General Assembly recognizes that these services
16should be responsive to the individual's needs and must be
17kept confidential.
18    (d) The General Assembly recognizes that the
19administration and provision of these services both recognize
20and reduce the historical barrier of stigma and a lack of
21confidentiality that first responders face when attempting to
22access behavioral health services and treatment.
 

 

 

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1    Section 10. Definitions. In this Act:
2    "Behavioral health" means mental health, health relating
3to substance use, or both.
4    "Behavioral health care" means services, treatment,
5medication, and other measures to overcome, mitigate, or
6prevent a behavioral health issue. These services, treatment,
7medication, and other measures qualify as "behavioral health
8care" even if there is no formal diagnosis of a specific
9condition.
10    "Department" means the Department of Human Services.
11    "First responder" means a law enforcement officer,
12firefighter, emergency medical services personnel as defined
13in Section 3.5 of the Emergency Medical Services (EMS) Systems
14Act, or public safety telecommunicator as defined in Section 2
15of the Emergency Telephone Systems Act.
16    "Record" means any record kept by a therapist or by an
17agency in the course of providing behavioral health care to a
18first responder concerning the first responder and the
19services provided. "Record" includes the personal notes of the
20therapist or agency. "Record" includes all records maintained
21by a court that have been created in connection with, in
22preparation for, or as a result of the filing of any petition
23or certificate under Chapter II, Chapter III, or Chapter IV of
24the Mental Health and Developmental Disabilities Code and
25includes the petitions, certificates, dispositional reports,
26treatment plans, and reports of diagnostic evaluations and of

 

 

HB1321 Enrolled- 3 -LRB102 03336 KTG 13349 b

1hearings under Article VIII of Chapter III or under Article V
2of Chapter IV of that Code. "Record" does not include
3information that has been de-identified in accordance with
4HIPAA, as specified in 45 CFR 164.514. "Record" does not
5include a reference to the receipt of behavioral health care
6noted during a patient history and physical or other summary
7of care.
 
8    Section 15. First Responder Behavioral Health Grant
9Program.
10    (a) Subject to appropriation, there is created within the
11Department of Human Services a First Responder Behavioral
12Health Grant Program to provide grants to the following
13recipients:
14        (1) units of local government;
15        (2) law enforcement agencies;
16        (3) fire protection districts;
17        (4) school districts;
18        (5) public or private hospitals; or
19        (6) ambulance services that employ first responders.
20    (b) The First Responder Behavioral Health Grant Fund is
21hereby created as a special fund in the State treasury. Moneys
22in the First Responder Behavioral Health Grant Fund shall be
23used by the Secretary of Human Services to make grants to
24eligible recipients as provided in subsection (a).
25    (c) Recipients eligible for grants under this Section

 

 

HB1321 Enrolled- 4 -LRB102 03336 KTG 13349 b

1shall use the grants for expenses related to behavioral health
2care services for first responders, including, but not limited
3to, telehealth services. An employer may not reduce behavioral
4health care provided through a first responder's employee
5benefit package as a result of the receipt of grant funds under
6this Act.
7    (d) All records, notes, and conclusions by a treatment
8provider providing behavioral health care to first responders
9whose employers receive grants under this Act shall not be
10shared with the employer unless otherwise mandated by law.
11    (e) Applicants seeking grants under this Act shall apply
12to the Department in a form and manner prescribed by the
13Department.
14    (f) The Department may adopt any rules necessary to
15implement this Act.
 
16    Section 900. The State Finance Act is amended by adding
17Section 5.970 as follows:
 
18    (30 ILCS 105/5.970 new)
19    Sec. 5.970. The First Responder Behavioral Health Grant
20Fund.