Illinois General Assembly - Full Text of SB2312
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Full Text of SB2312  102nd General Assembly

SB2312enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB2312 EnrolledLRB102 09982 JLS 15300 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by changing Section 2VVV as follows:
 
6    (815 ILCS 505/2VVV)
7    Sec. 2VVV. Deceptive marketing, advertising, and sale of
8mental health disorder and substance use disorder treatment.
9    (a) As used in this Section:
10    "Facility" has the meaning ascribed to that term in
11Section 1-10 of the Substance Use Disorder Act when used in
12reference to a facility that provides substance use disorder
13treatment. "Facility" has the same meaning as "mental health
14facility" under Section 1-114 of the Mental Health and
15Developmental Disabilities Code when used in reference to a
16facility that provides mental health disorder treatment.
17    "Hospital affiliate" has the meaning ascribed to that term
18in Section 10.8 of the Hospital Licensing Act.
19    "Mental health disorder" has the same meaning as "mental
20illness" under Section 1-129 of the Mental Health and
21Developmental Disabilities Code.
22    "Program" means a licensable or fundable activity or
23service, or a coordinated range of such activities or

 

 

SB2312 Enrolled- 2 -LRB102 09982 JLS 15300 b

1services, established or licensed by the Department of Human
2Services.
3    "Substance use disorder" has the same meaning as
4"substance abuse" under Section 1-10 of the Substance Use
5Disorder Act.
6    "Treatment" has the meaning ascribed to that term in
7Section 1-10 of the Substance Use Disorder Act when used in
8reference to treatment for a substance use disorder.
9"Treatment" has the meaning ascribed to that term in Section
101-128 of the Mental Health and Developmental Disabilities Code
11when used in reference to treatment for a mental health
12disorder.
13    (b) It is an unlawful practice for any person to engage in
14misleading or false advertising or promotion that
15misrepresents the need to seek mental health disorder or
16substance use disorder treatment outside of the State of
17Illinois.
18    (c) Any marketing, advertising, promotional, or sales
19materials directed to Illinois residents concerning mental
20health disorder or substance use disorder treatment must:
21        (1) prominently display or announce the full physical
22    address of the treatment program or facility;
23        (2) display whether the treatment program or facility
24    is licensed in the State of Illinois;
25        (3) display whether the treatment program or facility
26    has locations in Illinois;

 

 

SB2312 Enrolled- 3 -LRB102 09982 JLS 15300 b

1        (4) display whether the services provided by the
2    treatment program or facility are covered by an insurance
3    policy issued to an Illinois resident;
4        (5) display whether the treatment program or facility
5    is an in-network or out-of-network provider;
6        (6) include a link to the Internet website for the
7    Department of Human Services' Division of Mental Health
8    and Division of Substance Use Prevention and Recovery, or
9    any successor State agency that provides information
10    regarding licensed providers of services; and
11        (7) disclose that mental health disorder and substance
12    use disorder treatment may be available at a reduced cost
13    or for free for Illinois residents within the State of
14    Illinois.
15    (d) It is an unlawful practice for any person to solicit,
16offer, or enter into an arrangement under which a patient
17seeking mental health disorder or substance use disorder
18treatment is referred to a mental health disorder or substance
19use disorder treatment program or facility in exchange for a
20fee, a percentage of the treatment program's or facility's
21revenues that are related to the patient, or any other
22remuneration that takes into account the volume or value of
23the referrals to the treatment program or facility. Such
24practice shall also be considered a violation of the
25prohibition against fee splitting in Section 22.2 of the
26Medical Practice Act of 1987 and a violation of the Health Care

 

 

SB2312 Enrolled- 4 -LRB102 09982 JLS 15300 b

1Worker Self-Referral Act. It is not a violation of this
2Section for programs or facilities to enter into personal
3services agreements or management services agreements with
4third parties that do not take into account the volume or value
5of referrals. It is not a violation of this Section for
6programs or facilities to provide discounts for treatment
7services to clients as long as the discount is based on
8financial necessity in accordance with the program's or
9facility's charity care plan, regardless of referral source or
10reason. Compensation paid by programs or facilities to their
11employees and independent contractors related to identifying,
12locating, and securing referrals to that program or facility
13is not a violation of this Section if the amount of
14compensation provided to the employee or independent
15contractor does not vary based upon the volume or value of such
16referrals. This Section does not apply to health insurance
17companies, health maintenance organizations, managed care
18plans, or organizations, including hospitals and hospital
19affiliates licensed in Illinois.
20(Source: P.A. 100-1058, eff. 1-1-19; 100-1188, eff. 4-5-19;
21101-81, eff. 7-12-19.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.