Full Text of HB1321 102nd General Assembly
HB1321enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the First | 5 | | Responder Mental Health Grant Program Act. | 6 | | Section 5. Legislative intent. | 7 | | (a) The General Assembly recognizes the difficult nature | 8 | | of the job of first responder, including trauma endured by | 9 | | first responders in the performance of their duties. | 10 | | (b) It is the intent of the General Assembly to ensure that | 11 | | first responders, including police, firefighters, emergency | 12 | | medical technicians, and public safety telecommunicators | 13 | | across this State have full access to supportive and | 14 | | responsive behavioral health services and treatment. | 15 | | (c) The General Assembly recognizes that these services | 16 | | should be responsive to the individual's needs and must be | 17 | | kept confidential. | 18 | | (d) The General Assembly recognizes that the | 19 | | administration and provision of these services both recognize | 20 | | and reduce the historical barrier of stigma and a lack of | 21 | | confidentiality that first responders face when attempting to | 22 | | access behavioral health services and treatment.
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| 1 | | Section 10. Definitions. In this Act: | 2 | | "Behavioral health" means mental health, health relating | 3 | | to substance use, or both. | 4 | | "Behavioral health care" means services, treatment, | 5 | | medication, and other measures to overcome, mitigate, or | 6 | | prevent a behavioral health issue. These services, treatment, | 7 | | medication, and other measures qualify as "behavioral health | 8 | | care" even if there is no formal diagnosis of a specific | 9 | | condition. | 10 | | "Department" means the Department of Human Services. | 11 | | "First responder" means a law enforcement officer, | 12 | | firefighter, emergency medical services personnel as defined | 13 | | in Section 3.5 of the Emergency Medical Services (EMS) Systems | 14 | | Act, or public safety telecommunicator as defined in Section 2 | 15 | | of the Emergency Telephone Systems Act. | 16 | | "Record" means any record kept by a therapist or by an | 17 | | agency in the course of providing behavioral health care to a | 18 | | first responder concerning the first responder and the | 19 | | services provided. "Record" includes the personal notes of the | 20 | | therapist or agency. "Record" includes all records maintained | 21 | | by a court that have been created in connection with, in | 22 | | preparation for, or as a result of the filing of any petition | 23 | | or certificate under Chapter II, Chapter III, or Chapter IV of | 24 | | the Mental Health and Developmental Disabilities Code and | 25 | | includes the petitions, certificates, dispositional reports, | 26 | | treatment plans, and reports of diagnostic evaluations and of |
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| 1 | | hearings under Article VIII of Chapter III or under Article V | 2 | | of Chapter IV of that Code. "Record" does not include | 3 | | information that has been de-identified in accordance with | 4 | | HIPAA, as specified in 45 CFR 164.514. "Record" does not | 5 | | include a reference to the receipt of behavioral health care | 6 | | noted during a patient history and physical or other summary | 7 | | of care. | 8 | | Section 15. First Responder Behavioral Health Grant | 9 | | Program. | 10 | | (a) Subject to appropriation, there is created within the | 11 | | Department of Human Services a First Responder Behavioral | 12 | | Health Grant Program to provide grants to the following | 13 | | recipients: | 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 | 21 | | hereby created as a special fund in the State treasury. Moneys | 22 | | in the First Responder Behavioral Health Grant Fund shall be | 23 | | used by the Secretary of Human Services to make grants to | 24 | | eligible recipients as provided in subsection (a). | 25 | | (c) Recipients eligible for grants under this Section |
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| 1 | | shall use the grants for expenses related to behavioral health | 2 | | care services for first responders, including, but not limited | 3 | | to, telehealth services. An employer may not reduce behavioral | 4 | | health care provided through a first responder's employee | 5 | | benefit package as a result of the receipt of grant funds under | 6 | | this Act. | 7 | | (d) All records, notes, and conclusions by a treatment | 8 | | provider providing behavioral health care to first responders | 9 | | whose employers receive grants under this Act shall not be | 10 | | shared with the employer unless otherwise mandated by law. | 11 | | (e) Applicants seeking grants under this Act shall apply | 12 | | to the Department in a form and manner prescribed by the | 13 | | Department. | 14 | | (f) The Department may adopt any rules necessary to | 15 | | implement this Act.
| 16 | | Section 900. The State Finance Act is amended by adding | 17 | | Section 5.970 as follows: | 18 | | (30 ILCS 105/5.970 new) | 19 | | Sec. 5.970. The First Responder Behavioral Health Grant | 20 | | Fund. |
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