Illinois General Assembly - Full Text of HB4317
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Full Text of HB4317  102nd General Assembly

HB4317 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4317

 

Introduced 1/5/2022, by Rep. Denyse Wang Stoneback

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Commission on Mental Health Reform Act. Creates the Commission on Mental Health Reform. Establishes membership on the Commission and its duties. Provides that the Commission shall be chaired by the Secretary of Human Services or the Secretary's designee. Provides that the Department of Human Services shall provide necessary administrative and other support for the Commission. Provides that the Commission, with administrative support provided by the Department of Human Services, shall produce and submit policy recommendations, both administrative and legislative, to the General Assembly and the Governor in the form of an annual report. Provides that the annual report shall include summary information about mental health services in the State, including challenges, deficiency in services, and recommendations for increasing and improving mental health services and bringing about reform. Provides that the report must address all of the concerns and issues listed. Provides that the Commission shall submit the annual report in the month of March, and during this month its representatives shall testify before the Mental Health and Addiction Committee of the House of Representatives and the Health Committee of the Senate to present its findings, make recommendations, and answer questions. Provides that the first annual report shall be submitted within one year after the first meeting of the Commission. Provides that the Commission shall be dissolved 5 years after the effective date of the Act. Repeal the Act 6 years after its effective date.


LRB102 22494 RLC 31635 b

 

 

A BILL FOR

 

HB4317LRB102 22494 RLC 31635 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
5Commission on Mental Health Reform Act.
 
6    Section 5. Commission on Mental Health Reform.
7    (a) It is the intent of the General Assembly to create a
8Commission on Mental Health Reform to:
9        (1) assess the current needs and advise on the
10    necessary reform of mental health services in this State;
11        (2) build upon the existing reform efforts with which
12    State agencies, coalitions, and advocates are currently
13    engaged in the field of mental health;
14        (3) have a critical role in bringing agencies together
15    to coordinate initiatives, share information, and create a
16    larger systemic impact. This coordination and the input of
17    stakeholders who had mental health issues shall provide a
18    foundation to align systems and identify and bridge
19    systemic gaps around mental health to best serve the needs
20    of the residents of this State;
21        (4) assess the landscape of mental health care in this
22    State and determine the levels of service and investment
23    of resources in geographical areas across the State; and

 

 

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1        (5) make recommendations on the next steps for future
2    investments and actions based upon apparent needs.
3    (b) There is created the Commission on Mental Health
4Reform composed of at least 37 members. The Commission shall
5be appointed by the Secretary of Human Services or the
6Secretary's designee and shall be composed of at least the
7following:
8        (1) the Director of Public Health or the Director's
9    designee;
10        (2) the Director of the Division of Mental Health of
11    the Department of Human Services, or the Director's
12    designee;
13        (3) the Secretary of Human Services or the Secretary's
14    designee;
15        (4) the Director of the Division of Developmental
16    Disabilities, or the Director's designee;
17        (5) the Director of Children and Family Services or
18    the Director's designee;
19        (6) the Director of Healthcare and Family Services or
20    the Director's designee;
21        (7) the Director of Juvenile Justice or the Director's
22    designee;
23        (8) the Director of Corrections or the Director's
24    designee;
25        (9) the Director of Insurance or the Director's
26    designee;

 

 

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1        (10) a representative of the Governor's Office of
2    Management and Budget;
3        (11) the Director of the Illinois Housing Development
4    Authority or the Director's designee;
5        (12) the Director of Aging or the Director's designee;
6        (13) a mental health clinician with experience
7    managing or directing a program in another state where
8    mental health services are successful;
9        (14) an expert mental health clinician who has
10    experience evaluating and providing services to people in
11    psychiatric distress in emergency room settings;
12        (15) representatives from at least 3 geographically
13    diverse mental health provider agencies in Illinois, with
14    experience in community-based services;
15        (16) at least 2 members of the House of
16    Representatives who serve on the Mental Health and
17    Addiction Committee or the Human Services Committee;
18        (17) at least 2 members of the Senate who serve on the
19    Health Committee;
20        (18) a representative from a public health
21    organization that does research on the treatment of mental
22    health conditions and diseases;
23        (19) representatives from at least 2 non-profit
24    organizations that educate and advocate for people with
25    mental health conditions;
26        (20) a Medicaid recipient who has received mental

 

 

HB4317- 4 -LRB102 22494 RLC 31635 b

1    health services in this State;
2        (21) a family member of a Medicaid recipient who has
3    received mental health services in this State;
4        (22) a member of law enforcement who has been trained
5    in Crisis Intervention Training;
6        (23) a representative from a non-profit organization
7    that educates and advocates for the prevention of suicide;
8        (22) the Director of the Office of Firearm Violence
9    Prevention or the Director's designee;
10        (23) a psychiatrist and a therapist or psychologist
11    specializing in the treatment of adults;
12        (24) a psychiatrist and a therapist or psychologist
13    specializing in the treatment of children and youth;
14        (25) a mental health specialist who serves clients who
15    have been recently incarcerated;
16        (26) a representative of the Community and Residential
17    Services Authority;
18        (27) a representative of the State Board of Education;
19    and
20        (28) a representative of the Office of State Guardian.
21    Additional members may be included on the Commission at
22the discretion of the Secretary of Human Services to achieve
23geographic diversity, balance, or representation of necessary
24perspectives.
25    Other than ex officio members, members of the Commission
26shall serve 3-year terms. With the exception of persons

 

 

HB4317- 5 -LRB102 22494 RLC 31635 b

1impacted by mental health issues serving on the Commission,
2the members of the Commission shall serve without
3compensation. The members of the Commission impacted by mental
4health issues shall receive a stipend from appropriations made
5to them by the General Assembly.
6    (c) The Commission shall be chaired by the Secretary of
7Human Services or the Secretary's designee. The first meeting
8of the Commission shall be convened no later than 3 months
9after the effective date of this Act. Meeting of the
10Commission are subject to the Open Meetings Act. The
11Commission may meet in person or virtually to carry out its
12duties. The Department of Human Services shall provide
13necessary administrative and other support for the Commission.
14All State agencies represented on the Commission, including
15the Department of Public Health, Department of Corrections,
16Department of Juvenile Justice, Department of Children and
17Family Services, Healthcare and Family Services, Department on
18Aging, Department of Human Services, Illinois Housing
19Development Authority, Governor's Office of Management and
20Budget, Department of Insurance, State Board of Education, and
21Office of State Guardian, shall facilitate the prompt and
22timely collection and provision of data as requested by or on
23behalf of the Commission. The facilitation shall include,
24without limitation, authorizing the provision of reports and
25underlying State agency data that the State agency currently
26or previously has provided or made available to university

 

 

HB4317- 6 -LRB102 22494 RLC 31635 b

1partners and consultants. Any data provided by State agencies
2shall redact any personally identifiable information of any
3clients or families before release to the Commission.
4    (d) The Commission may organize into sub-committees or
5subgroups if it deems necessary. The sub-committees or
6subgroups shall be working groups focused on the following
7areas:
8        (1) budgetary needs and insurance;
9        (2) clinician assessment and recommendations for
10    mental health care for adults;
11        (3) clinician assessment and recommendations for
12    mental health care for children and youth; and
13        (4) mental health needs of persons who are or have
14    been incarcerated.
15    (e) The Commission shall:
16        (1) assess needs for mental health care in this State;
17        (2) identify gaps around mental health in geographical
18    areas across this State;
19        (3) establish rules around data collection and
20    publishing;
21        (4) meet benchmarks stipulated in this Act and
22    establish a more specific timeframe for recommended
23    reform;
24        (5) in order to align systems, identify when
25    coordination of initiatives, sharing of information, and
26    transparency is needed between agencies on data of

 

 

HB4317- 7 -LRB102 22494 RLC 31635 b

1    availability of mental health and related services, and
2    funding streams for mental health services;
3        (6) issue recommendations, goals, and benchmarks for:
4            (A) improvements to and expansion of
5        community-based mental health and substance abuse
6        treatment services including through Assertive
7        Community Treatment (ACT) and Intensive Case
8        Management (ICM) Teams;
9            (B) increasing early diagnosis and treatment
10        rather than late-stage treatment of mental health
11        conditions;
12            (C) increasing availability of psychiatric
13        residential placements based on data analysis and in
14        accordance with least-restrictive standard of care;
15            (D) in accordance with least-restrictive care
16        principles building service capacity, improving access
17        to services by reforming Medicaid rates to cover the
18        cost, enable capacity growth, and institute
19        value-based payment;
20            (E) building a system of care for children and
21        young adults;
22            (F) increasing mental health care for children;
23            (G) improving insurance practices and coverage of
24        proven treatments, including implementing and
25        enforcing parity laws, and ensuring coverage of proven
26        treatments not covered by insurance;

 

 

HB4317- 8 -LRB102 22494 RLC 31635 b

1            (H) developing the mental health workforce through
2        incentives to grow this workforce;
3            (I) enabling affordable housing through rental
4        subsidies, through investment in rental subsidies,
5        combined with treatment, supportive housing, diversion
6        strategies to stop the cycle of hospitalizations, and
7        criminal legal system involvement for those persons
8        with disabilities and left homeless by their
9        disability;
10            (J) treating currently incarcerated people who
11        suffer from mental health conditions;
12            (K) improving coordination of mental health
13        related services between government agencies, service
14        providers, and patients; and
15            (L) easing the administrative burdens that are a
16        barrier to access to mental health services;
17        (7) take action and implement its findings and
18    recommendations. An explanation must be provided in the
19    annual report for any recommendation an agency does not
20    choose to implement;
21        (8) review the relevant consent decrees and focus
22    recommendations to comply with the following consent
23    decrees:
24            (A) Lippert v. Jeffreys (Department of
25        Corrections-healthcare);
26            (B) Monroe v. Jeffreys (Department of

 

 

HB4317- 9 -LRB102 22494 RLC 31635 b

1        Corrections-gender dysphoria treatment);
2            (C) Rasho v. Jeffreys (Department of
3        Corrections-mental health care);
4            (D) RJ v. Mueller (Department of Juvenile
5        Justice-conditions and services available to persons
6        confined at State-operated juvenile justice facilities
7        including issues re: mental health and confinement
8        conditions);
9            (E) Williams v. Pritzker (Department on Aging,
10        Healthcare and Family Services, Department of Human
11        Services-individuals in nursing homes for persons with
12        mental illnesses-Olmstead);
13            (F) Ligas v. Eagleson (Healthcare and Family
14        Services-unnecessary segregation and
15        institutionalization of persons with developmental
16        disabilities in large intermediate care facilities
17        when they could be better served in smaller, community
18        settings-Olmstead);
19            (G) BH v. Smith (Department of Children and Family
20        Services-care and conditions including severe
21        shortages of mental health services and substandard
22        conditions at various residential treatment centers
23        treating youth in care);
24            (H) NB v. Eagleson (Healthcare and Family
25        Services-Medicaid eligible children under 21 with a
26        mental or behavioral health diagnosis in need of

 

 

HB4317- 10 -LRB102 22494 RLC 31635 b

1        community-based services);
2            (I) Colbert v. Pritzker (Department of Human
3        Services, Healthcare and Family
4        Services-institutionalizing people with disabilities
5        when they could live in their own homes or other small,
6        community-based settings-Olmstead); and
7            (J) Memisovski v. Maram (Healthcare and Family
8        Services, Department of Human Services-access and
9        availability of Medicaid services to children).
10    (e) The Commission, with administrative support provided
11by the Department of Human Services, shall produce and submit
12policy recommendations, both administrative and legislative,
13to the General Assembly and the Governor in the form of an
14annual report. The first annual report shall be submitted
15within one year after the first meeting of the Commission.
16    The annual report shall include summary information about
17mental health services in this State, including challenges,
18deficiency in services, and recommendations for increasing and
19improving mental health services and bringing about reform.
20The report must address all of the concerns and issues listed.
21The Commission shall submit the annual report in the month of
22March, and during this month its representatives shall testify
23before the Mental Health and Addiction Committee of the House
24of Representatives and the Health Committee of the Senate to
25present its findings, make recommendations, and answer
26questions. The Directors of Public Health, Children and Family

 

 

HB4317- 11 -LRB102 22494 RLC 31635 b

1Services, Juvenile Justice, Department of Corrections,
2Healthcare and Family Services, Aging, Insurance, Governor's
3Office of Management and Budget, Illinois Housing Development
4Authority, State Board of Education, the Secretary of Human
5Services, and a representative of the Office of the Governor
6shall testify before these committees as to their respective
7actions taken in response to the findings and recommendations
8of the Commission. Any State agency that has not adopted or
9implemented a Commission recommendation made for that agency,
10shall provide written and oral testimony explaining their
11rationale for this decision. The annual reports shall include
12the following items:
13        (1) Year 1: Identification of gaps in mental health
14    care. Assessment of budgetary needs for State agencies to
15    build necessary service capacity to meet the needs of
16    mental health in this State. Assessment of each State
17    agency's compliance with requirements of consent decrees
18    and the State agency's responses to its level of
19    compliance.
20        (2) Year 2: Report on the progression of
21    implementation of recommended actions from Year 1,
22    including barriers to progress and recommended actions to
23    address these barriers. Roles of State agencies,
24    coalitions, advocates, and other stakeholders currently
25    engaged in the field of mental health in this State.
26    Recommendations of needed coordination between them to

 

 

HB4317- 12 -LRB102 22494 RLC 31635 b

1    bridge the systemic gaps.
2        (3) Year 3: Report on the progression of
3    implementation of recommended actions from Years 1 and 2,
4    including barriers to progress and recommended actions to
5    address these barriers. Recommendations for expansion of
6    community-based mental health and substance abuse
7    treatment services.
8        (4) Year 4: Report on the progression of
9    implementation of recommended actions from Years 1, 2, and
10    3, including barriers to progress and recommended actions
11    to address such barriers. Phasing in of recommendations
12    for gaps in mental health care.
13        (5) Year 5: Report on the progression of
14    implementation of recommended actions from previous Years.
15    Phasing in of recommendations for gaps in mental health
16    care.
17    (f) The Commission chair shall convene a final meeting
18before the repeal date of this Act to discuss an
19implementation plan based on the produced policy
20recommendations.
21    (g) The Commission shall be dissolved 5 years after the
22effective date of this Act.
 
23    Section 10. Repeal. This Act is repealed 6 years after the
24effective date of this Act.