Illinois General Assembly - Full Text of SB3316
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Full Text of SB3316  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 2/7/2024, by Sen. Sara Feigenholtz


See Index

    Amends various Acts concerning children's mental health. Amends the School Code. Provides that on or before October 1, 2024, the State Board of Education, in consultation with the Children's Behavioral Health Transformation Team, the Office of the Governor, and relevant stakeholders as needed shall release a strategy that includes a tool for measuring capacity and readiness to implement universal mental health screening of students. Provides that the State Board of Education shall issue a report to the Governor and the General Assembly on school district readiness and plan for phased approach to universal mental health screening of students on or before April 1, 2025. Repeals the Wellness Checks in Schools Program Act. Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall implement guidance to managed care organizations and similar care coordination entities contracted with the Department, so that the managed care organizations and care coordination entities respond to lead indicators with services and interventions that are designed to help stabilize the child. Amends the Children's Mental Health Act. Provides that the Children's Mental Health Partnership shall advise the Children's Behavioral Health Transformation Initiative on designing and implementing short-term and long-term strategies to provide comprehensive and coordinated services for children from birth to age 25 and their families with the goal of addressing children's mental health needs across a full continuum of care, including social determinants of health, prevention, early identification, and treatment. Provides that the Department of Public health (rather than the Department of Healthcare and Family Services) shall provide technical and administrative support for the Partnership. Deletes provision that the Partnership shall employ an Executive Director and set the compensation of the Executive Director and other such employees and technical assistance as it deems necessary to carry out its duties. Amends the Interagency Children's Behavioral Health Services Act. Provides that the Children's Behavioral Health Transformation Team in collaboration with the Department of Human Services shall develop a program to provide one-on-one in-home respite behavioral health aids to youth requiring intensive supervision due to behavioral health needs. Effective immediately.

LRB103 37223 RLC 69486 b





SB3316LRB103 37223 RLC 69486 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 5. The School Code is amended by changing and
5renumbering Section 2-3.196, as added by Public Act 103-546,
6as follows:
7    (105 ILCS 5/2-3.203)
8    Sec. 2-3.203 2-3.196. Mental health screenings.
9    (a) On or before December 15, 2023, the State Board of
10Education, in consultation with the Children's Behavioral
11Health Transformation Officer, Children's Behavioral Health
12Transformation Team, and the Office of the Governor, shall
13file a report with the Governor and the General Assembly that
14includes recommendations for implementation of mental health
15screenings in schools for students enrolled in kindergarten
16through grade 12. This report must include a landscape scan of
17current district-wide screenings, recommendations for
18screening tools, training for staff, and linkage and referral
19for identified students.
20    (b) On or before October 1, 2024, the State Board of
21Education, in consultation with the Children's Behavioral
22Health Transformation Team, the Office of the Governor, and
23relevant stakeholders as needed shall release a strategy that



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1includes a tool for measuring capacity and readiness to
2implement universal mental health screening of students. The
3strategy shall build upon existing efforts to understand
4district needs for resources, technology, training, and
5infrastructure supports. The strategy shall include a
6framework for supporting districts in a phased approach to
7implement universal mental health screenings. The State Board
8of Education shall issue a report to the Governor and the
9General Assembly on school district readiness and plan for
10phased approach to universal mental health screening of
11students on or before April 1, 2025.
12(Source: P.A. 103-546, eff. 8-11-23; revised 9-25-23.)
13    (105 ILCS 155/Act rep.)
14    Section 10. The Wellness Checks in Schools Program Act is
16    Section 15. The Illinois Public Aid Code is amended by
17changing Section 5-30.1 as follows:
18    (305 ILCS 5/5-30.1)
19    Sec. 5-30.1. Managed care protections.
20    (a) As used in this Section:
21    "Managed care organization" or "MCO" means any entity
22which contracts with the Department to provide services where
23payment for medical services is made on a capitated basis.



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1    "Emergency services" include:
2        (1) emergency services, as defined by Section 10 of
3    the Managed Care Reform and Patient Rights Act;
4        (2) emergency medical screening examinations, as
5    defined by Section 10 of the Managed Care Reform and
6    Patient Rights Act;
7        (3) post-stabilization medical services, as defined by
8    Section 10 of the Managed Care Reform and Patient Rights
9    Act; and
10        (4) emergency medical conditions, as defined by
11    Section 10 of the Managed Care Reform and Patient Rights
12    Act.
13    (b) As provided by Section 5-16.12, managed care
14organizations are subject to the provisions of the Managed
15Care Reform and Patient Rights Act.
16    (c) An MCO shall pay any provider of emergency services
17that does not have in effect a contract with the contracted
18Medicaid MCO. The default rate of reimbursement shall be the
19rate paid under Illinois Medicaid fee-for-service program
20methodology, including all policy adjusters, including but not
21limited to Medicaid High Volume Adjustments, Medicaid
22Percentage Adjustments, Outpatient High Volume Adjustments,
23and all outlier add-on adjustments to the extent such
24adjustments are incorporated in the development of the
25applicable MCO capitated rates.
26    (d) An MCO shall pay for all post-stabilization services



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1as a covered service in any of the following situations:
2        (1) the MCO authorized such services;
3        (2) such services were administered to maintain the
4    enrollee's stabilized condition within one hour after a
5    request to the MCO for authorization of further
6    post-stabilization services;
7        (3) the MCO did not respond to a request to authorize
8    such services within one hour;
9        (4) the MCO could not be contacted; or
10        (5) the MCO and the treating provider, if the treating
11    provider is a non-affiliated provider, could not reach an
12    agreement concerning the enrollee's care and an affiliated
13    provider was unavailable for a consultation, in which case
14    the MCO must pay for such services rendered by the
15    treating non-affiliated provider until an affiliated
16    provider was reached and either concurred with the
17    treating non-affiliated provider's plan of care or assumed
18    responsibility for the enrollee's care. Such payment shall
19    be made at the default rate of reimbursement paid under
20    Illinois Medicaid fee-for-service program methodology,
21    including all policy adjusters, including but not limited
22    to Medicaid High Volume Adjustments, Medicaid Percentage
23    Adjustments, Outpatient High Volume Adjustments and all
24    outlier add-on adjustments to the extent that such
25    adjustments are incorporated in the development of the
26    applicable MCO capitated rates.



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1    (e) The following requirements apply to MCOs in
2determining payment for all emergency services:
3        (1) MCOs shall not impose any requirements for prior
4    approval of emergency services.
5        (2) The MCO shall cover emergency services provided to
6    enrollees who are temporarily away from their residence
7    and outside the contracting area to the extent that the
8    enrollees would be entitled to the emergency services if
9    they still were within the contracting area.
10        (3) The MCO shall have no obligation to cover medical
11    services provided on an emergency basis that are not
12    covered services under the contract.
13        (4) The MCO shall not condition coverage for emergency
14    services on the treating provider notifying the MCO of the
15    enrollee's screening and treatment within 10 days after
16    presentation for emergency services.
17        (5) The determination of the attending emergency
18    physician, or the provider actually treating the enrollee,
19    of whether an enrollee is sufficiently stabilized for
20    discharge or transfer to another facility, shall be
21    binding on the MCO. The MCO shall cover emergency services
22    for all enrollees whether the emergency services are
23    provided by an affiliated or non-affiliated provider.
24        (6) The MCO's financial responsibility for
25    post-stabilization care services it has not pre-approved
26    ends when:



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1            (A) a plan physician with privileges at the
2        treating hospital assumes responsibility for the
3        enrollee's care;
4            (B) a plan physician assumes responsibility for
5        the enrollee's care through transfer;
6            (C) a contracting entity representative and the
7        treating physician reach an agreement concerning the
8        enrollee's care; or
9            (D) the enrollee is discharged.
10    (f) Network adequacy and transparency.
11        (1) The Department shall:
12            (A) ensure that an adequate provider network is in
13        place, taking into consideration health professional
14        shortage areas and medically underserved areas;
15            (B) publicly release an explanation of its process
16        for analyzing network adequacy;
17            (C) periodically ensure that an MCO continues to
18        have an adequate network in place;
19            (D) require MCOs, including Medicaid Managed Care
20        Entities as defined in Section 5-30.2, to meet
21        provider directory requirements under Section 5-30.3;
22            (E) require MCOs to ensure that any
23        Medicaid-certified provider under contract with an MCO
24        and previously submitted on a roster on the date of
25        service is paid for any medically necessary,
26        Medicaid-covered, and authorized service rendered to



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1        any of the MCO's enrollees, regardless of inclusion on
2        the MCO's published and publicly available directory
3        of available providers; and
4            (F) require MCOs, including Medicaid Managed Care
5        Entities as defined in Section 5-30.2, to meet each of
6        the requirements under subsection (d-5) of Section 10
7        of the Network Adequacy and Transparency Act; with
8        necessary exceptions to the MCO's network to ensure
9        that admission and treatment with a provider or at a
10        treatment facility in accordance with the network
11        adequacy standards in paragraph (3) of subsection
12        (d-5) of Section 10 of the Network Adequacy and
13        Transparency Act is limited to providers or facilities
14        that are Medicaid certified.
15        (2) Each MCO shall confirm its receipt of information
16    submitted specific to physician or dentist additions or
17    physician or dentist deletions from the MCO's provider
18    network within 3 days after receiving all required
19    information from contracted physicians or dentists, and
20    electronic physician and dental directories must be
21    updated consistent with current rules as published by the
22    Centers for Medicare and Medicaid Services or its
23    successor agency.
24    (g) Timely payment of claims.
25        (1) The MCO shall pay a claim within 30 days of
26    receiving a claim that contains all the essential



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1    information needed to adjudicate the claim.
2        (2) The MCO shall notify the billing party of its
3    inability to adjudicate a claim within 30 days of
4    receiving that claim.
5        (3) The MCO shall pay a penalty that is at least equal
6    to the timely payment interest penalty imposed under
7    Section 368a of the Illinois Insurance Code for any claims
8    not timely paid.
9            (A) When an MCO is required to pay a timely payment
10        interest penalty to a provider, the MCO must calculate
11        and pay the timely payment interest penalty that is
12        due to the provider within 30 days after the payment of
13        the claim. In no event shall a provider be required to
14        request or apply for payment of any owed timely
15        payment interest penalties.
16            (B) Such payments shall be reported separately
17        from the claim payment for services rendered to the
18        MCO's enrollee and clearly identified as interest
19        payments.
20        (4)(A) The Department shall require MCOs to expedite
21    payments to providers identified on the Department's
22    expedited provider list, determined in accordance with 89
23    Ill. Adm. Code 140.71(b), on a schedule at least as
24    frequently as the providers are paid under the
25    Department's fee-for-service expedited provider schedule.
26        (B) Compliance with the expedited provider requirement



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1    may be satisfied by an MCO through the use of a Periodic
2    Interim Payment (PIP) program that has been mutually
3    agreed to and documented between the MCO and the provider,
4    if the PIP program ensures that any expedited provider
5    receives regular and periodic payments based on prior
6    period payment experience from that MCO. Total payments
7    under the PIP program may be reconciled against future PIP
8    payments on a schedule mutually agreed to between the MCO
9    and the provider.
10        (C) The Department shall share at least monthly its
11    expedited provider list and the frequency with which it
12    pays providers on the expedited list.
13    (g-5) Recognizing that the rapid transformation of the
14Illinois Medicaid program may have unintended operational
15challenges for both payers and providers:
16        (1) in no instance shall a medically necessary covered
17    service rendered in good faith, based upon eligibility
18    information documented by the provider, be denied coverage
19    or diminished in payment amount if the eligibility or
20    coverage information available at the time the service was
21    rendered is later found to be inaccurate in the assignment
22    of coverage responsibility between MCOs or the
23    fee-for-service system, except for instances when an
24    individual is deemed to have not been eligible for
25    coverage under the Illinois Medicaid program; and
26        (2) the Department shall, by December 31, 2016, adopt



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1    rules establishing policies that shall be included in the
2    Medicaid managed care policy and procedures manual
3    addressing payment resolutions in situations in which a
4    provider renders services based upon information obtained
5    after verifying a patient's eligibility and coverage plan
6    through either the Department's current enrollment system
7    or a system operated by the coverage plan identified by
8    the patient presenting for services:
9            (A) such medically necessary covered services
10        shall be considered rendered in good faith;
11            (B) such policies and procedures shall be
12        developed in consultation with industry
13        representatives of the Medicaid managed care health
14        plans and representatives of provider associations
15        representing the majority of providers within the
16        identified provider industry; and
17            (C) such rules shall be published for a review and
18        comment period of no less than 30 days on the
19        Department's website with final rules remaining
20        available on the Department's website.
21        The rules on payment resolutions shall include, but
22    not be limited to:
23            (A) the extension of the timely filing period;
24            (B) retroactive prior authorizations; and
25            (C) guaranteed minimum payment rate of no less
26        than the current, as of the date of service,



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1        fee-for-service rate, plus all applicable add-ons,
2        when the resulting service relationship is out of
3        network.
4        The rules shall be applicable for both MCO coverage
5    and fee-for-service coverage.
6    If the fee-for-service system is ultimately determined to
7have been responsible for coverage on the date of service, the
8Department shall provide for an extended period for claims
9submission outside the standard timely filing requirements.
10    (g-6) MCO Performance Metrics Report.
11        (1) The Department shall publish, on at least a
12    quarterly basis, each MCO's operational performance,
13    including, but not limited to, the following categories of
14    metrics:
15            (A) claims payment, including timeliness and
16        accuracy;
17            (B) prior authorizations;
18            (C) grievance and appeals;
19            (D) utilization statistics;
20            (E) provider disputes;
21            (F) provider credentialing; and
22            (G) member and provider customer service.
23        (2) The Department shall ensure that the metrics
24    report is accessible to providers online by January 1,
25    2017.
26        (3) The metrics shall be developed in consultation



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1    with industry representatives of the Medicaid managed care
2    health plans and representatives of associations
3    representing the majority of providers within the
4    identified industry.
5        (4) Metrics shall be defined and incorporated into the
6    applicable Managed Care Policy Manual issued by the
7    Department.
8    (g-7) MCO claims processing and performance analysis. In
9order to monitor MCO payments to hospital providers, pursuant
10to Public Act 100-580, the Department shall post an analysis
11of MCO claims processing and payment performance on its
12website every 6 months. Such analysis shall include a review
13and evaluation of a representative sample of hospital claims
14that are rejected and denied for clean and unclean claims and
15the top 5 reasons for such actions and timeliness of claims
16adjudication, which identifies the percentage of claims
17adjudicated within 30, 60, 90, and over 90 days, and the dollar
18amounts associated with those claims.
19    (g-8) Dispute resolution process. The Department shall
20maintain a provider complaint portal through which a provider
21can submit to the Department unresolved disputes with an MCO.
22An unresolved dispute means an MCO's decision that denies in
23whole or in part a claim for reimbursement to a provider for
24health care services rendered by the provider to an enrollee
25of the MCO with which the provider disagrees. Disputes shall
26not be submitted to the portal until the provider has availed



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1itself of the MCO's internal dispute resolution process.
2Disputes that are submitted to the MCO internal dispute
3resolution process may be submitted to the Department of
4Healthcare and Family Services' complaint portal no sooner
5than 30 days after submitting to the MCO's internal process
6and not later than 30 days after the unsatisfactory resolution
7of the internal MCO process or 60 days after submitting the
8dispute to the MCO internal process. Multiple claim disputes
9involving the same MCO may be submitted in one complaint,
10regardless of whether the claims are for different enrollees,
11when the specific reason for non-payment of the claims
12involves a common question of fact or policy. Within 10
13business days of receipt of a complaint, the Department shall
14present such disputes to the appropriate MCO, which shall then
15have 30 days to issue its written proposal to resolve the
16dispute. The Department may grant one 30-day extension of this
17time frame to one of the parties to resolve the dispute. If the
18dispute remains unresolved at the end of this time frame or the
19provider is not satisfied with the MCO's written proposal to
20resolve the dispute, the provider may, within 30 days, request
21the Department to review the dispute and make a final
22determination. Within 30 days of the request for Department
23review of the dispute, both the provider and the MCO shall
24present all relevant information to the Department for
25resolution and make individuals with knowledge of the issues
26available to the Department for further inquiry if needed.



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1Within 30 days of receiving the relevant information on the
2dispute, or the lapse of the period for submitting such
3information, the Department shall issue a written decision on
4the dispute based on contractual terms between the provider
5and the MCO, contractual terms between the MCO and the
6Department of Healthcare and Family Services and applicable
7Medicaid policy. The decision of the Department shall be
8final. By January 1, 2020, the Department shall establish by
9rule further details of this dispute resolution process.
10Disputes between MCOs and providers presented to the
11Department for resolution are not contested cases, as defined
12in Section 1-30 of the Illinois Administrative Procedure Act,
13conferring any right to an administrative hearing.
14    (g-9)(1) The Department shall publish annually on its
15website a report on the calculation of each managed care
16organization's medical loss ratio showing the following:
17        (A) Premium revenue, with appropriate adjustments.
18        (B) Benefit expense, setting forth the aggregate
19    amount spent for the following:
20            (i) Direct paid claims.
21            (ii) Subcapitation payments.
22            (iii) Other claim payments.
23            (iv) Direct reserves.
24            (v) Gross recoveries.
25            (vi) Expenses for activities that improve health
26        care quality as allowed by the Department.



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1    (2) The medical loss ratio shall be calculated consistent
2with federal law and regulation following a claims runout
3period determined by the Department.
4    (g-10)(1) "Liability effective date" means the date on
5which an MCO becomes responsible for payment for medically
6necessary and covered services rendered by a provider to one
7of its enrollees in accordance with the contract terms between
8the MCO and the provider. The liability effective date shall
9be the later of:
10        (A) The execution date of a network participation
11    contract agreement.
12        (B) The date the provider or its representative
13    submits to the MCO the complete and accurate standardized
14    roster form for the provider in the format approved by the
15    Department.
16        (C) The provider effective date contained within the
17    Department's provider enrollment subsystem within the
18    Illinois Medicaid Program Advanced Cloud Technology
19    (IMPACT) System.
20    (2) The standardized roster form may be submitted to the
21MCO at the same time that the provider submits an enrollment
22application to the Department through IMPACT.
23    (3) By October 1, 2019, the Department shall require all
24MCOs to update their provider directory with information for
25new practitioners of existing contracted providers within 30
26days of receipt of a complete and accurate standardized roster



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1template in the format approved by the Department provided
2that the provider is effective in the Department's provider
3enrollment subsystem within the IMPACT system. Such provider
4directory shall be readily accessible for purposes of
5selecting an approved health care provider and comply with all
6other federal and State requirements.
7    (g-11) The Department shall work with relevant
8stakeholders on the development of operational guidelines to
9enhance and improve operational performance of Illinois'
10Medicaid managed care program, including, but not limited to,
11improving provider billing practices, reducing claim
12rejections and inappropriate payment denials, and
13standardizing processes, procedures, definitions, and response
14timelines, with the goal of reducing provider and MCO
15administrative burdens and conflict. The Department shall
16include a report on the progress of these program improvements
17and other topics in its Fiscal Year 2020 annual report to the
18General Assembly.
19    (g-12) Notwithstanding any other provision of law, if the
20Department or an MCO requires submission of a claim for
21payment in a non-electronic format, a provider shall always be
22afforded a period of no less than 90 business days, as a
23correction period, following any notification of rejection by
24either the Department or the MCO to correct errors or
25omissions in the original submission.
26    Under no circumstances, either by an MCO or under the



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1State's fee-for-service system, shall a provider be denied
2payment for failure to comply with any timely submission
3requirements under this Code or under any existing contract,
4unless the non-electronic format claim submission occurs after
5the initial 180 days following the latest date of service on
6the claim, or after the 90 business days correction period
7following notification to the provider of rejection or denial
8of payment.
9    (h) The Department shall not expand mandatory MCO
10enrollment into new counties beyond those counties already
11designated by the Department as of June 1, 2014 for the
12individuals whose eligibility for medical assistance is not
13the seniors or people with disabilities population until the
14Department provides an opportunity for accountable care
15entities and MCOs to participate in such newly designated
17    (h-5) Leading indicator data sharing. By January 1, 2024,
18the Department shall obtain input from the Department of Human
19Services, the Department of Juvenile Justice, the Department
20of Children and Family Services, the State Board of Education,
21managed care organizations, providers, and clinical experts to
22identify and analyze key indicators and data elements that can
23be used in an analysis of lead indicators from assessments and
24data sets available to the Department that can be shared with
25managed care organizations and similar care coordination
26entities contracted with the Department as leading indicators



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1for elevated behavioral health crisis risk for children,
2including data sets such as the Illinois Medicaid
3Comprehensive Assessment of Needs and Strengths (IM-CANS),
4calls made to the State's Crisis and Referral Entry Services
5(CARES) hotline, school district data contained in the
6statewide Illinois Longitudinal Data System (ILDS), health
7services information from Health and Human Services
8Innovators, or other data sets that may include key
9indicators. The workgroup shall complete its recommendations
10for leading indicator data elements on or before September 1,
112024. To the extent permitted by State and federal law, the
12identified leading indicators shall be shared with managed
13care organizations and similar care coordination entities
14contracted with the Department on or before December 1, 2024
15within 6 months of identification for the purpose of improving
16care coordination with the early detection of elevated risk.
17Leading indicators shall be reassessed annually with
18stakeholder input. The Department shall implement guidance to
19managed care organizations and similar care coordination
20entities contracted with the Department, so that the managed
21care organizations and care coordination entities respond to
22lead indicators with services and interventions that are
23designed to help stabilize the child.
24    (i) The requirements of this Section apply to contracts
25with accountable care entities and MCOs entered into, amended,
26or renewed after June 16, 2014 (the effective date of Public



SB3316- 19 -LRB103 37223 RLC 69486 b

1Act 98-651).
2    (j) Health care information released to managed care
3organizations. A health care provider shall release to a
4Medicaid managed care organization, upon request, and subject
5to the Health Insurance Portability and Accountability Act of
61996 and any other law applicable to the release of health
7information, the health care information of the MCO's
8enrollee, if the enrollee has completed and signed a general
9release form that grants to the health care provider
10permission to release the recipient's health care information
11to the recipient's insurance carrier.
12    (k) The Department of Healthcare and Family Services,
13managed care organizations, a statewide organization
14representing hospitals, and a statewide organization
15representing safety-net hospitals shall explore ways to
16support billing departments in safety-net hospitals.
17    (l) The requirements of this Section added by Public Act
18102-4 shall apply to services provided on or after the first
19day of the month that begins 60 days after April 27, 2021 (the
20effective date of Public Act 102-4).
21(Source: P.A. 102-4, eff. 4-27-21; 102-43, eff. 7-6-21;
22102-144, eff. 1-1-22; 102-454, eff. 8-20-21; 102-813, eff.
235-13-22; 103-546, eff. 8-11-23.)
24    Section 20. The Children's Mental Health Act is amended by
25changing Section 5 as follows:



SB3316- 20 -LRB103 37223 RLC 69486 b

1    (405 ILCS 49/5)
2    Sec. 5. Children's Mental Health Partnership; Children's
3Mental Health Plan.
4    (a) The Children's Mental Health Partnership (hereafter
5referred to as "the Partnership") created under Public Act
693-495 and continued under Public Act 102-899 shall advise
7State agencies and the Children's Behavioral Health
8Transformation Initiative on designing and implementing
9short-term and long-term strategies to provide comprehensive
10and coordinated services for children from birth to age 25 and
11their families with the goal of addressing children's mental
12health needs across a full continuum of care, including social
13determinants of health, prevention, early identification, and
14treatment. The recommended strategies shall build upon the
15recommendations in the Children's Mental Health Plan of 2022
16and may include, but are not limited to, recommendations
17regarding the following:
18        (1) Increasing public awareness on issues connected to
19    children's mental health and wellness to decrease stigma,
20    promote acceptance, and strengthen the ability of
21    children, families, and communities to access supports.
22        (2) Coordination of programs, services, and policies
23    across child-serving State agencies to best monitor and
24    assess spending, as well as foster innovation of adaptive
25    or new practices.



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1        (3) Funding and resources for children's mental health
2    prevention, early identification, and treatment across
3    child-serving State agencies.
4        (4) Facilitation of research on best practices and
5    model programs and dissemination of this information to
6    State policymakers, practitioners, and the general public.
7        (5) Monitoring programs, services, and policies
8    addressing children's mental health and wellness.
9        (6) Growing, retaining, diversifying, and supporting
10    the child-serving workforce, with special emphasis on
11    professional development around child and family mental
12    health and wellness services.
13        (7) Supporting the design, implementation, and
14    evaluation of a quality-driven children's mental health
15    system of care across all child services that prevents
16    mental health concerns and mitigates trauma.
17        (8) Improving the system to more effectively meet the
18    emergency and residential placement needs for all children
19    with severe mental and behavioral challenges.
20    (b) The Partnership shall have the responsibility of
21developing and updating the Children's Mental Health Plan and
22advising the relevant State agencies on implementation of the
23Plan. The Children's Mental Health Partnership shall be
24comprised of the following members:
25        (1) The Governor or his or her designee.
26        (2) The Attorney General or his or her designee.



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1        (3) The Secretary of the Department of Human Services
2    or his or her designee.
3        (4) The State Superintendent of Education or his or
4    her designee.
5        (5) The Director of the Department of Children and
6    Family Services or his or her designee.
7        (6) The Director of the Department of Healthcare and
8    Family Services or his or her designee.
9        (7) The Director of the Department of Public Health or
10    his or her designee.
11        (8) The Director of the Department of Juvenile Justice
12    or his or her designee.
13        (9) The Executive Director of the Governor's Office of
14    Early Childhood Development or his or her designee.
15        (10) The Director of the Criminal Justice Information
16    Authority or his or her designee.
17        (11) One member of the General Assembly appointed by
18    the Speaker of the House.
19        (12) One member of the General Assembly appointed by
20    the President of the Senate.
21        (13) One member of the General Assembly appointed by
22    the Minority Leader of the Senate.
23        (14) One member of the General Assembly appointed by
24    the Minority Leader of the House.
25        (15) Up to 25 representatives from the public
26    reflecting a diversity of age, gender identity, race,



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1    ethnicity, socioeconomic status, and geographic location,
2    to be appointed by the Governor. Those public members
3    appointed under this paragraph must include, but are not
4    limited to:
5            (A) a family member or individual with lived
6        experience in the children's mental health system;
7            (B) a child advocate;
8            (C) a community mental health expert,
9        practitioner, or provider;
10            (D) a representative of a statewide association
11        representing a majority of hospitals in the State;
12            (E) an early childhood expert or practitioner;
13            (F) a representative from the K-12 school system;
14            (G) a representative from the healthcare sector;
15            (H) a substance use prevention expert or
16        practitioner, or a representative of a statewide
17        association representing community-based mental health
18        substance use disorder treatment providers in the
19        State;
20            (I) a violence prevention expert or practitioner;
21            (J) a representative from the juvenile justice
22        system;
23            (K) a school social worker; and
24            (L) a representative of a statewide organization
25        representing pediatricians.
26        (16) Two co-chairs appointed by the Governor, one



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1    being a representative from the public and one being the
2    Director of Public Health a representative from the State.
3    The members appointed by the Governor shall be appointed
4for 4 years with one opportunity for reappointment, except as
5otherwise provided for in this subsection. Members who were
6appointed by the Governor and are serving on January 1, 2023
7(the effective date of Public Act 102-899) shall maintain
8their appointment until the term of their appointment has
9expired. For new appointments made pursuant to Public Act
10102-899, members shall be appointed for one-year, 2-year, or
114-year terms, as determined by the Governor, with no more than
129 of the Governor's new or existing appointees serving the
13same term. Those new appointments serving a one-year or 2-year
14term may be appointed to 2 additional 4-year terms. If a
15vacancy occurs in the Partnership membership, the vacancy
16shall be filled in the same manner as the original appointment
17for the remainder of the term.
18    The Partnership shall be convened no later than January
1931, 2023 to discuss the changes in Public Act 102-899.
20    The members of the Partnership shall serve without
21compensation but may be entitled to reimbursement for all
22necessary expenses incurred in the performance of their
23official duties as members of the Partnership from funds
24appropriated for that purpose.
25    The Partnership may convene and appoint special committees
26or study groups to operate under the direction of the



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1Partnership. Persons appointed to such special committees or
2study groups shall only receive reimbursement for reasonable
4    (b-5) The Partnership shall include an adjunct council
5comprised of no more than 6 youth aged 14 to 25 and 4
6representatives of 4 different community-based organizations
7that focus on youth mental health. Of the community-based
8organizations that focus on youth mental health, one of the
9community-based organizations shall be led by an
10LGBTQ-identified person, one of the community-based
11organizations shall be led by a person of color, and one of the
12community-based organizations shall be led by a woman. Of the
13representatives appointed to the council from the
14community-based organizations, at least one representative
15shall be LGBTQ-identified, at least one representative shall
16be a person of color, and at least one representative shall be
17a woman. The council members shall be appointed by the Chair of
18the Partnership and shall reflect the racial, gender identity,
19sexual orientation, ability, socioeconomic, ethnic, and
20geographic diversity of the State, including rural, suburban,
21and urban appointees. The council shall make recommendations
22to the Partnership regarding youth mental health, including,
23but not limited to, identifying barriers to youth feeling
24supported by and empowered by the system of mental health and
25treatment providers, barriers perceived by youth in accessing
26mental health services, gaps in the mental health system,



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1available resources in schools, including youth's perceptions
2and experiences with outreach personnel, agency websites, and
3informational materials, methods to destigmatize mental health
4services, and how to improve State policy concerning student
5mental health. The mental health system may include services
6for substance use disorders and addiction. The council shall
7meet at least 4 times annually.
8    (c) (Blank).
9    (d) The Illinois Children's Mental Health Partnership has
10the following powers and duties:
11        (1) Conducting research assessments to determine the
12    needs and gaps of programs, services, and policies that
13    touch children's mental health.
14        (2) Developing policy statements for interagency
15    cooperation to cover all aspects of mental health
16    delivery, including social determinants of health,
17    prevention, early identification, and treatment.
18        (3) Recommending policies and providing information on
19    effective programs for delivery of mental health services.
20        (4) Using funding from federal, State, or
21    philanthropic partners, to fund pilot programs or research
22    activities to resource innovative practices by
23    organizational partners that will address children's
24    mental health. However, the Partnership may not provide
25    direct services.
26        (4.1) The Partnership shall work with community



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1    networks and the Children's Behavioral Health
2    Transformation Initiative team to implement a community
3    needs assessment, that will raise awareness of gaps in
4    existing community-based services for youth.
5        (5) Submitting an annual report, on or before December
6    30 of each year, to the Governor and the General Assembly
7    on the progress of the Plan, any recommendations regarding
8    State policies, laws, or rules necessary to fulfill the
9    purposes of the Act, and any additional recommendations
10    regarding mental or behavioral health that the Partnership
11    deems necessary.
12        (6) (Blank). Employing an Executive Director and
13    setting the compensation of the Executive Director and
14    other such employees and technical assistance as it deems
15    necessary to carry out its duties under this Section.
16    The Partnership may designate a fiscal and administrative
17agent that can accept funds to carry out its duties as outlined
18in this Section.
19    The Department of Public Health Healthcare and Family
20Services shall provide technical and administrative support
21for the Partnership.
22    (e) The Partnership may accept monetary gifts or grants
23from the federal government or any agency thereof, from any
24charitable foundation or professional association, or from any
25reputable source for implementation of any program necessary
26or desirable to carry out the powers and duties as defined



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1under this Section.
2    (f) On or before January 1, 2027, the Partnership shall
3submit recommendations to the Governor and General Assembly
4that includes recommended updates to the Act to reflect the
5current mental health landscape in this State.
6(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21;
7102-899, eff. 1-1-23; 102-1034, eff. 1-1-23; 103-154, eff.
9    Section 25. The Interagency Children's Behavioral Health
10Services Act is amended by adding Section 6 as follows:
11    (405 ILCS 165/6 new)
12    Sec. 6. Personal support workers. The Children's
13Behavioral Health Transformation Team in collaboration with
14the Department of Human Services shall develop a program to
15provide one-on-one in-home respite behavioral health aids to
16youth requiring intensive supervision due to behavioral health
18    Section 99. Effective date. This Act takes effect upon
19becoming law.



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2 Statutes amended in order of appearance
3    105 ILCS 5/2-3.203
4    105 ILCS 155/Act rep.
5    305 ILCS 5/5-30.1
6    405 ILCS 49/5
7    405 ILCS 165/6 new