Illinois General Assembly - Full Text of SB3617
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Full Text of SB3617  102nd General Assembly

SB3617 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3617

 

Introduced 1/19/2022, by Sen. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Ensuring a More Qualified, Competent, and Diverse Community Behavioral Health Workforce Act. Requires the Department of Human Services, Division of Mental Health, to award grants or contracts to licensed community mental health centers or behavioral health clinics to establish or enhance training and supervision of interns and behavioral health providers-in-training pursuing licensure as a licensed clinical social worker, licensed clinical professional counselor, and licensed marriage and family therapist. Creates the Mental Health Assessment Reform Act to remove barriers to care in the Medicaid mental health assessment and treatment planning process. Creates the Recovery and Mental Health Tax Credit Act. Requires the Department to establish and administer a recovery tax credit program to provide tax incentives to qualified employers who employ eligible individuals in recovery from a substance use disorder or mental illness in part-time and full-time positions. Creates an Advisory Council to advise the Department regarding employment of persons with mental illnesses and substance use disorders in minority communities. Amends the Illinois Income Tax Act to make conforming changes. Amends the Department of Healthcare and Family Services Law of the Civil Administrative Code. Requires the Department of Healthcare and Family Services to take all necessary action to ensure that proposed modifications, additions, deletions, or amendments to the healthcare and behavioral healthcare (mental health and substance use disorder) provisions of the Illinois Public Aid Code are announced, shared, disseminated, and explained prior to the Department undertaking such proposed modifications, if legally possible and subject to federal law. Amends the Clinical Social Work and Social Work Practice Act. Provides that an individual applying for licensure as a clinical social worker who has been licensed at the independent level in another jurisdiction for 5 (rather than 10) consecutive years without discipline is not required to submit proof of completion of education and supervised clinical professional experience. Makes similar changes to the Marriage and Family Therapy Licensing Act and to the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Effective immediately.


LRB102 22973 KTG 32127 b

 

 

A BILL FOR

 

SB3617LRB102 22973 KTG 32127 b

1    AN ACT concerning mental health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article 1.

 
5    Section 1-1. Short title. This Article may be cited as the
6Ensuring a More Qualified, Competent, and Diverse Community
7Behavioral Health Workforce Act. References in this Article to
8"this Act" mean this Article.
 
9    Section 1-5. Findings. The General Assembly Finds that:
10        (1) The behavioral health workforce shortage, already
11    at dire levels before 2020, has been exacerbated by the
12    COVID-19 pandemic and is at a crisis point.
13        (2) Behavioral health workforce shortages,
14    particularly licensed clinical staff, staff turnover in
15    all positions, and workforce development are major
16    concerns in the behavioral health field.
17        (3) By 2026, unfilled mental healthcare jobs in
18    Illinois are expected to reach 8,353, according to
19    Mercer's 2021 External Healthcare Labor Market Analysis.
20        (4) Community based mental health agencies often serve
21    as training or supervision sites for interns and new
22    entrants to the workforce seeking supervision hours to

 

 

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1    meet licensure requirements. These professionals are
2    mandated to complete up to 3000 hours of supervised
3    clinical experience. This places financial and
4    time-resource hardships on these already lean
5    organizations to provide the supervision.
6        (5) Many new mental health clinicians have to pay an
7    estimated $10,000-$30,000 in fees for supervision
8    according to Motivo. The amount is unaffordable for many
9    students, particularly lower-income students, who graduate
10    with tens of thousands of dollars in debt.
11        (6) Community mental health agencies frequently serve
12    the most complex and chronically ill behavioral health
13    clients, which can be a challenging population for new
14    entrants to the workforce. Many times, professionals leave
15    for better-paid opportunities with lower acuity patients
16    after completing their facility-sponsored supervision
17    requirements.
18        (7) The lack of compensation for serving as a training
19    or supervision site and staff turnover adversely impact
20    the ability of agencies to better prepare the workforce
21    and meet the needs of their behavioral health clients.
22        (8) Recognizing and providing financial support for
23    this function will help community-based agencies provide
24    more training or supervision opportunities and may also
25    assist with recruiting and retaining professionals at
26    these sites.

 

 

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1        (9) Providing financial support for this role would
2    help to address reductions in standard clinical
3    productivity as a result of time spent supervising new
4    workers, enabling better absorption of the costs of high
5    turnover, or allowing for these settings to staff
6    appropriately to support training or supervision.
7        (10) For individuals seeking their licensure,
8    roadblocks to supervision include cost-prohibitive fees,
9    difficulty finding supervisors, and an even greater
10    supervisor shortage in rural areas.
11        (11) Beyond fulfilling the required hours to get
12    licensed, clinical supervision has a profound impact on
13    the trajectory of an individual's career and the lives of
14    their clients. Ultimately, effective clinical supervision
15    helps ensure that clients are competently served.
16        (12) At a time when behavioral health providers report
17    crisis level wait lists that force individuals seeking
18    care to wait for months before they receive care, now more
19    than ever, we need immediate solutions to help strengthen
20    our State's behavioral health workforce.
 
21    Section 1-10. Grant awards. To develop and enhance
22professional development opportunities and diversity in the
23behavioral health field, and increase access to quality care,
24the Department of Human Services, Division of Mental Health,
25shall award grants or contracts to community mental health

 

 

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1centers or behavioral health clinics licensed or certified by
2the Department of Human Services or the Department of
3Healthcare and Family Services to establish or enhance
4training and supervision of interns and behavioral health
5providers-in-training pursuing licensure as a licensed
6clinical social worker, licensed clinical professional
7counselor, and licensed marriage and family therapist.
 
8    Section 1-15. Use of funds. An eligible entity receiving a
9grant or contract under this Act shall use funds received
10through the grant or contract to establish new, or enhance
11existing, training, and supervision of interns and behavioral
12health providers-in-training pursuing licensure as a licensed
13clinical social worker, licensed clinical professional
14counselor, and licensed marriage and family therapist.
 
15    Section 1-20. Priority. In awarding grants and contracts
16under this Act, the Department of Human Services, Division of
17Mental Health, shall give priority to eligible entities in
18underserved urban areas and rural areas of the State.
 
19    Section 1-25. Grant terms. A grant or contract awarded
20under this Act shall be for a period of 3 years. Nothing in the
21Act precludes grantees to reapply for additional rounds of
22funding.
 

 

 

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1    Section 1-30. Application submission. An entity seeking a
2grant or contract under this Act shall submit an application
3at such time, in such manner, and accompanied by such
4information as the Department of Human Services, Division of
5Mental Health, may require. Requirements by the Department of
6Human Services, Division of Mental Health shall be done in a
7way that ensures minimum additional administrative work.
 
8    Section 1-35. Reporting. Reporting requirements for the
9grant agreement shall be set forth by the Department of Human
10Services, Division of Mental Health.
 
11    Section 1-40. Funding. Funding for the grants or contracts
12is subject to appropriation.
 
13
Article 2.

 
14    Section 2-1. Short title. This Article may be cited as the
15Mental Health Assessment Reform Act. References in this
16Article to "this Act" mean this Article.
 
17    Section 2-3. Purpose. The purpose of this Act is to remove
18major barriers to care in the Medicaid mental health
19assessment and treatment planning process.
 
20    Section 2-5. Clear delineation of eligibility criteria for

 

 

SB3617- 6 -LRB102 22973 KTG 32127 b

1Medicaid community mental health services. Within 3 months
2after the effective date of this Act and in accordance with
3this Section, the Department of Healthcare and Family Services
4shall clearly identify the minimum information necessary to
5establish and document medical necessity in an individual's
6medical record for each community mental health general
7rehabilitation option service through the use of the
8Department's standardized assessment and treatment planning
9tool (assessment tool) required in the integrated assessment
10and treatment planning process. Such minimum medical necessity
11documentation requirements through the use of the assessment
12tool shall be publicly available to all community mental
13health centers and behavioral health clinics.
14        (1) Documenting medical necessity. The information
15    required to be gathered and documented through the
16    assessment tool to establish medical necessity for a
17    mental health service shall be no broader than what is
18    required to establish eligibility, duration, and frequency
19    for such service:
20            (A) Mental health symptoms or functional
21        impairment.
22            (B) A mental health diagnosis listed in the most
23        recent edition of the Diagnostic and Statistical
24        Manual of Mental Health Disorders or the International
25        Classification of Diseases.
26            (C) Any other information necessary solely for

 

 

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1        purposes of determining eligibility, duration, and
2        frequency for a community-based mental health service.
3            (D) A recommendation for such service by an
4        appropriate mental health or medical professional for
5        the treatment of a mental health condition or symptoms
6        or to improve functional impairment.
7        (2) Improved access to care. An individual shall
8    immediately be eligible to receive any community mental
9    health service or services upon documentation of the
10    specified medical necessity criteria in his or her medical
11    record and the provider shall be reimbursed for such
12    delivered services. An individual's background,
13    experiences, health, or other information that is not
14    necessary to a medical necessity determination for a
15    community mental health service shall be left to the
16    clinical discretion of the provider as to the relevance
17    for developing a treatment plan in the integrated
18    assessment and treatment planning process. The absence of
19    discretional information in an individual's integrated
20    assessment and treatment planning or medical record that
21    is unrelated to medical necessity shall not be used by the
22    Department or any contracted third party to delay or deny
23    a community mental health service. The integrated
24    assessment and treatment planning process shall remain
25    open for no less than 90 days to allow providers to gather
26    the relevant and appropriate information from an

 

 

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1    individual to complete the integrated assessment and
2    treatment planning process.
3        (3) No further assessment or treatment planning
4    documentation shall be required if services are terminated
5    or completed within 90 days. If an individual terminates
6    or completes his or her community mental health services
7    within 90 days from the date of his or her first treatment
8    contact with his or her provider, the integrated
9    assessment and treatment planning process also terminates,
10    and no further documentation shall be required using the
11    Department's assessment tool or in the individual's
12    medical record. A provider shall be fully reimbursed for
13    any services delivered for which medical necessity is
14    established during these 90 days, and such services shall
15    not be delayed or denied by the Department or a managed
16    care organization.
 
17    Section 2-10. Preventing re-traumatization and unnecessary
18re-assessments. Beginning on the effective date of this Act,
19the integrated assessment and treatment planning process shall
20be required no more frequently than annually for any community
21mental health service covered under 89 Ill. Adm. Code 140.453,
22140.455, and 140.TABLE N (c) and (e).
 
23    Section 2-15. Assessment and treatment planning process
24centered on motivational interviewing. Within 3 months after

 

 

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1the effective date of this Act, through a workgroup
2established by the Department of Healthcare and Family
3Services to review the practical challenges of the
4Department's standardized assessment and treatment planning
5tool, the Department and stakeholders, including people with
6lived experience, shall work to resolve the issues listed
7below with the assessment tool and the integrated assessment
8and treatment planning process. Within 6 months after the
9effective date of this Act, the Department of Healthcare and
10Family Services shall deliver a report to the General
11Assembly, with a copy delivered to the Chairs of the Senate
12Behavioral and Mental Health Committee and the House Mental
13Health and Addiction Committee, that outlines in plain
14language the issues and recommendations discussed by the
15workgroup, what stakeholder recommendations the Department
16agreed with and will implement and the timeline for
17implementation, and which recommendations the Department
18declined to address and the reason for such decline.
19        (1) Reforming the Department's standardized assessment
20    and treatment planning tool to enable the integrated
21    assessment and treatment planning process to be centered
22    on motivational interviewing.
23        (2) Avoiding requesting information in the integrated
24    assessment and treatment planning process that can
25    re-traumatize individuals by continuing to ask about past
26    traumatic personal experiences that are better addressed

 

 

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1    through the clinical relationship.
2        (3) Examine the assessment tool for any potential
3    racial or cultural biases.
4        (4) Ensure the confidentiality protections afforded
5    individuals under Section 4 of the Mental Health and
6    Developmental Disabilities Confidentiality Act are fully
7    respected throughout the integrated assessment and
8    treatment planning processes, in particular as it relates
9    to the rights of minors between the age of 12 and 17 to
10    limit their parents' access to mental health information.
11        (5) Ensure that individuals' mental health and
12    substance use parity rights afforded under Section 370c.1
13    of the Illinois Insurance Code are fully recognized and
14    protected in the integrated assessment and treatment
15    planning process.
16        (6) Streamline the documentation process to ensure
17    that clinician time is not wasted on unnecessary and
18    duplicative paperwork and process.
19        (7) Ensure that managed care organizations do not deny
20    a service for which medical necessity has been established
21    and documented in the individual's medical record.
 
22    Section 2-20. Payment for the full assessment process. The
23Department of Healthcare and Family Services shall develop a
24billing code, modifier, or other mechanism to reimburse
25providers for the full time spent on the integrated assessment

 

 

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1and treatment planning process, including Department-required
2documentation and submission of the integrated assessment and
3treatment planning without the client present, including
4transferring information onto the Department-required form;
5collateral interviews to collect client information; review of
6documentation received by hospitals, schools, and other health
7care entities; and uploading the information into the
8Department of Healthcare and Family Services' portal since
9this is a core part of the assessment and treatment planning
10process mandated by the Department. The reimbursement rate for
11documentation and submission shall be equal to the rate and
12rate add-on payment paid for the related specific integrated
13assessment and treatment planning service delivered. Provider
14payment for such services shall begin no later than July 1,
152022. If the Department of Healthcare and Family Services
16experiences any delays in implementation of this Section for
17any reason, including seeking federal approval, payment shall
18be retroactive to July 1, 2022.
 
19    Section 2-25. Improving training for mental health
20assessments with on-the-ground, experienced clinicians. To
21enable more consistency and effective use of the Department's
22standardized assessment and treatment planning tool used in
23the integrated assessment and treatment planning process,
24within 3 months after the effective date of the Act the
25Department of Healthcare and Family Services shall provide a

 

 

SB3617- 12 -LRB102 22973 KTG 32127 b

1train-the-trainer model as an alternative to the
2State-sponsored trainings, so providers can elect to train
3their own staff in the use and application of the assessment
4tool. This train-the-trainer model allows providers to
5maintain fidelity to the tool while providing practical
6knowledge of how the tool is implemented within the provider's
7unique service delivery environment, and allows for more
8timely training of new staff. All assessment tool trainings
9sponsored by the State shall be available in in-person and
10video modalities, including recorded trainings that can be
11accessed anytime, to ensure the timely training of provider
12staff.
 
13    Section 2-30. Federal approval and State administrative
14rulemaking. If federal approval is required for any provision
15of this Act, the Department of Healthcare and Family Services
16shall seek approval from the Centers for Medicare and Medicaid
17Services within 30 days after the effective date of this Act.
18Within 3 months after the Department receives federal
19approval, the Department may, with prior input from the
20Department's workgroup referenced in Section 2-15, adopt
21emergency rules to implement any provision of this Act in
22accordance with the Illinois Administrative Procedure Act.
 
23    Section 2-95. The Illinois Administrative Procedure Act is
24amended by adding Section 5-45.21 as follows:
 

 

 

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1    (5 ILCS 100/5-45.21 new)
2    Sec. 5-45.21. Emergency rulemaking; Department of
3Healthcare and Family Services. To provide for the expeditious
4and timely implementation of the Mental Health Assessment
5Reform Act, emergency rules implementing any provision of the
6Mental Health Assessment Reform Act may be adopted in
7accordance with Section 5-45 by the Department of Healthcare
8and Family Services. The adoption of emergency rules
9authorized by Section 5-45 and this Section is deemed to be
10necessary for the public interest, safety, and welfare.
11    This Section is repealed one year after the effective date
12of this amendatory Act of the 102nd General Assembly.
 
13
Article 3.

 
14    Section 3-1. Short title. This Article may be cited as the
15Recovery and Mental Health Tax Credit Act. References in this
16Article to "this Act" mean this Article.
 
17    Section 3-5. Findings.
18    (a) In the interest of reducing stigma and increasing the
19available pool of potential employees, the General Assembly
20finds and declares that those residents of Illinois diagnosed
21with mental illness and substance use disorders should be
22eligible for and encouraged to seek gainful employment.

 

 

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1    (b) The General Assembly finds and declares that minority
2communities in the State have been more negatively impacted in
3employment opportunities for minority residents diagnosed with
4mental illness and substance use disorders and should receive
5additional employment opportunities and incentives for
6employing minority residents diagnosed with mental illness or
7substance use disorders.
8    (c) Due to the COVID-19 public health emergency, employers
9in the State of Illinois have suffered negative economic
10impacts, a loss in workforce, staffing difficulties, and have
11found it difficult to recruit new workers.
12    (d) In the interest of providing additional employment
13opportunities for those residents of Illinois diagnosed with
14mental illness or substance use disorders and expanding the
15pool of potential workers in the State, the General Assembly
16finds and declares that certain qualified employers who employ
17eligible individuals should be eligible for a tax credit.
 
18    Section 3-10. Definitions. As used in this Act:
19    "Department" means the Department of Human Services.
20    "Eligible individual" means an individual with a substance
21use disorder, as that term is defined under Section 1-10 of the
22Substance Use Disorder Act, or an individual with a mental
23illness as that term is defined under Section 1-129 of the
24Mental Health and Developmental Disabilities Code, who is in a
25state of wellness and recovery where there is an abatement of

 

 

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1signs and symptoms that characterize active substance use
2disorder or mental illness and has demonstrated to the
3qualified employer's satisfaction, pursuant to regulations
4promulgated by the Department, that he or she has completed a
5course of treatment or is currently in receipt of treatment
6for such substance use disorder or mental illness. A relapse
7in an individual's state of wellness shall not make the
8individual ineligible, so long as the individual shows a
9continued commitment to recovery that aligns with an
10individual's relapse prevention plan, discharge plan, or
11recovery plan.
12    "Qualified employer" means an employer operating within
13the State that has received a certificate of tax credit from
14the Department after the Department has determined that the
15employer:
16        (1) provides a recovery supportive environment for
17    their employees evidenced by a formal working relationship
18    with a substance use disorder treatment provider or
19    facility or mental health provider or facility, each as
20    may be licensed or certified within the State of Illinois,
21    and providing reasonable accommodation to the employees to
22    address their substance use disorder or mental illness,
23    all at no cost or expense to the eligible individual; and
24        (2) satisfies all other criteria in this Section and
25    established by the Department to participate in the
26    recovery tax program created hereunder.

 

 

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1    "Taxpayer" means any individual, corporation, partnership,
2trust, or other entity subject to the Illinois income tax. For
3the purposes of this Act, 2 individuals filing a joint return
4shall be considered one taxpayer.
 
5    Section 3-15. Authorization of tax credit program for
6individuals in recovery from substance use disorders or mental
7illness.
8    (a) For taxable years beginning on or after January 1,
92023, the Department is authorized to and shall establish and
10administer a recovery tax credit program to provide tax
11incentives to qualified employers who employ eligible
12individuals in recovery from a substance use disorder or
13mental illness in part-time and full-time positions within
14Illinois. The Department shall award the tax credit by
15issuance of a certificate of tax credit to the qualified
16employer, who will present the certificate of tax credit to
17the Department of Revenue as a credit against the qualified
18employer's tax obligation in accordance with this Act.
19    (b) To be a qualified employer, an employer must apply
20annually to the Department to claim a credit based upon
21eligible individuals employed during the preceding calendar
22year, using the forms prescribed by the Department. To be
23approved for a credit under this Act, the employer must:
24        (1) agree to provide to the Department the information
25    necessary to demonstrate that the employer has satisfied

 

 

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1    program eligibility requirements and provided all
2    information requested or needed by the Department,
3    including the number of hours worked by the eligible
4    individual and other information necessary for the
5    Department to calculate the amount of credit permitted;
6    and
7        (2) agree to provide names, employer identification
8    numbers, amounts that the employer may claim, and other
9    information necessary for the Department to calculate any
10    tax credit.
11    (c) To be an eligible individual, the individual must be
12diagnosed with or have been diagnosed with a substance use
13disorder or mental illness. Disclosure by the eligible
14individual of his or her mental illness or substance use
15disorder shall be completely voluntary and his or her health
16information may not be shared or disclosed under this Act
17without the eligible individual's express written consent. The
18eligible individual must have been employed by the qualified
19employer in the State for a minimum of 500 hours during the
20applicable calendar year and the tax credit may only begin on
21the date the eligible individual is hired by the qualified
22employer and ending on December 31 of that calendar year or the
23date that the eligible individual's employment with the
24qualified employer ends, whichever occurs first. Only one tax
25credit may be awarded for any eligible individual while
26employed by the same or related qualified employer. The hours

 

 

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1of employment of 2 or more eligible individuals may not be
2aggregated to reach the minimum number of hours. If an
3eligible individual has worked in excess of 500 hours between
4the date of hiring and December 31 of that year, a qualified
5employer can elect to compute and claim a credit for such
6eligible individual in that year based on the hours worked by
7December 31. Alternatively, the qualified employer may elect
8to include such individual in the computation of the credit in
9the year immediately succeeding the year in which the eligible
10individual was hired. In that case, the credit shall be
11computed on the basis of all hours worked by the eligible
12individual from the date of hire to the earlier of the last day
13of employment or December 31 of the succeeding year.
14    (d) The aggregate amount of all credits the Department may
15award under this Act in any calendar year may not exceed
16$2,000,000.
17    (e) If the qualified employer's taxable year is a calendar
18year, the employer shall be entitled to claim the credit as
19shown on the certificate of tax credit on the calendar year
20return for which the certificate of tax credit was issued. If
21the certified employer's taxable year is a fiscal year, the
22qualified employer shall be entitled to claim the credit as
23shown on the certificate of tax credit on the return for the
24fiscal year that includes the last day of the calendar year
25covered by the certificate of tax credit.
26    (f) If Department criteria and all other requirements are

 

 

SB3617- 19 -LRB102 22973 KTG 32127 b

1met, a qualified employer shall be entitled to a tax credit
2equal to the product of $1 and the number of hours worked by
3each eligible individual during the eligible individual's
4period of employment with the qualified employer. The tax
5credit awarded hereunder may not exceed $2,000 per eligible
6individual employed by the qualified employer in the State. In
7determining the amount of tax credit that any qualified
8employer may claim, the Department shall review all claims
9submitted for credit by all employers and, to the extent that
10the total amount claimed by employers exceeds the amount
11allocated for this program in that calendar year, shall issue
12tax credits on a pro rata basis corresponding to each
13qualified employer's share of the total amount claimed.
14    (g) No credit shall be taken under this Act if the taxpayer
15claims a federal income tax deduction for the employment of
16the eligible individual by a qualified employer.
17    (h) No tax credit awarded under this Act may reduce a
18qualified employer's tax obligation to less than zero.
19    (i) The Department of Revenue shall review and accept the
20tax credit certificates issued by the Department and apply the
21tax credit toward the qualified employer's income tax
22obligation. A taxpayer that is a qualified employer that has
23received a certificate of tax credit from the Department shall
24be allowed a credit against the tax imposed equal to the amount
25shown on such certificate of tax credit. If the taxpayer is (i)
26a corporation having an election in effect under Subchapter S

 

 

SB3617- 20 -LRB102 22973 KTG 32127 b

1of the federal Internal Revenue Code, (ii) a partnership, or
2(iii) a limited liability company, the credit provided under
3this Act may be claimed by the shareholders of the
4corporation, the partners of the partnership, or the members
5of the limited liability company in the same manner as those
6shareholders, partners, or members account for their
7proportionate shares of the income or losses of the
8corporation, partnership, or limited liability company, or as
9provided in the bylaws or other executed agreement of the
10corporation, partnership, or limited liability company. In
11carrying out this Act, no patient-specific information shall
12be shared or disclosed. Any information collected by the
13Department or the Department of Revenue shall not be subject
14to public disclosure or Freedom of Information Act requests.
15    (j) The credit under this Act is exempt from the
16provisions of Section 250 of the Illinois Income Tax Act.
 
17    Section 3-20. Advisory Council on Mental Illness and
18Substance Use Disorder Impacts on Employment Opportunities
19within Minority Communities. The Secretary of the Department
20shall appoint the Advisory Council on Mental Illness and
21Substance Use Disorder Impacts on Employment Opportunities
22within Minority Communities, to be composed of 15 members,
23which shall include a balanced representation of recipients,
24services providers, employers, local governmental units,
25community and welfare advocacy groups, academia, and the

 

 

SB3617- 21 -LRB102 22973 KTG 32127 b

1general public. The Advisory Council shall advise the
2Department regarding all aspects of employment impacts
3resulting from mental illnesses and substance use disorders
4within minority communities, tax credits, outreach, marketing,
5and education about the tax credit and employment
6opportunities, and other areas as deemed appropriate by the
7Secretary. In appointing the first Council, the Secretary
8shall name 8 members to terms of 2 years and 7 members to serve
9terms of 4 years, all of whom shall be appointed within 6
10months of the effective date of this Act. All members
11appointed thereafter shall serve terms of 4 years. Members
12shall serve without compensation other than reimbursement of
13expenses actually incurred in the performance of their
14official duties. At its first meeting, the Advisory Council
15shall select a chair from among its members. The Advisory
16Council shall meet at least quarterly and at other times at the
17call of the chair.
 
18    Section 3-25. Powers. The Department shall adopt rules for
19the administration of this Act. The Department may enter into
20an intergovernmental agreement with the Department of Revenue
21for the administration of this Act.
 
22
Article 7.

 
23    Section 7-5. The Illinois Income Tax Act is amended by

 

 

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1adding Section 232 as follows:
 
2    (35 ILCS 5/232 new)
3    Sec. 232. Recovery and Mental Health Tax Credit Act. A
4taxpayer who has been awarded a credit under the Recovery and
5Mental Health Tax Credit Act is entitled to a credit against
6the tax imposed by subsections (a) and (b) of Section 201 as
7provided in that Act. This Section is exempt from the
8provisions of Section 250.
 
9
Article 10.

 
10    Section 10-5. The Department of Healthcare and Family
11Services Law of the Civil Administrative Code of Illinois is
12amended by adding Section 2205-40 as follows:
 
13    (20 ILCS 2205/2205-40 new)
14    Sec. 2205-40. Department transparency. The Department of
15Healthcare and Family Services shall, to the full extent
16permitted by federal law, take all necessary action to ensure
17that proposed modifications, additions, deletions, or
18amendments to the healthcare and behavioral healthcare (mental
19health and substance use disorder) provisions of the Illinois
20Public Aid Code are announced, shared, disseminated, and
21explained prior to the Department undertaking such proposed
22modifications, if legally possible. The Department shall, to

 

 

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1the full extent permitted under federal and State law, provide
2notice, information, and opportunity to comment, object, or
3support prior to final action upon, addition, modification,
4deletion, or amendment to the healthcare and behavioral
5healthcare (mental health and substance use disorder)
6provisions to or from the Illinois Public Aid Code or rules or
7regulations promulgated based upon the Illinois Public Aid
8Code, for which the Department has authority over or
9participates in, including, but not limited to, 59 Ill. Adm.
10Code 132, 77 Ill. Adm. Code 2060, 77 Ill. Adm. Code 2090, and
1189 Ill. Adm. Code 140, or any amendments or additions thereto,
12in accordance with the Illinois Administrative Procedure Act,
13by public notice and written or electronic notice directed to
14the public and via notice and meaningful opportunity to
15comment and provide input and advice upon proposed actions of
16the Department by the following Illinois groups or entities
17("interested parties"):
18        (1) consumer or patient advocacy groups;
19        (2) statewide provider trade associations;
20        (3) managed care organizations under contract with the
21    Department;
22        (4) statewide managed care organization trade
23    associations; and
24        (5) statewide child advocacy associations.
25    This Section shall not be construed to modify or grant
26preferences to the interested parties over any other party or

 

 

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1the public with respect to the Department's administrative or
2legislative activities. Nor shall this Section grant the
3interested parties the right to block or veto Department
4action.
5    In addition to the foregoing, the Department of Healthcare
6and Family Services shall provide public notice and written or
7electronic notice to the interested parties to the full extent
8permitted under federal law related to any State Plan
9amendment or waiver submitted to the federal Centers for
10Medicare and Medicaid Services.
 
11
Article 15.

 
12    Section 15-5. The Clinical Social Work and Social Work
13Practice Act is amended by changing Section 12.5 as follows:
 
14    (225 ILCS 20/12.5)
15    (Section scheduled to be repealed on January 1, 2028)
16    Sec. 12.5. Endorsement. The Department may issue a license
17as a clinical social worker or as a social worker, without the
18required examination, to an applicant licensed under the laws
19of another jurisdiction if the requirements for licensure in
20that jurisdiction are, on the date of licensure, substantially
21equivalent to the requirements of this Act or to any person
22who, at the time of his or her licensure, possessed individual
23qualifications that were substantially equivalent to the

 

 

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1requirements then in force in this State. An applicant under
2this Section shall pay the required fees.
3    An individual applying for licensure as a clinical social
4worker who has been licensed at the independent level in
5another United States jurisdiction for 5 10 consecutive years
6without discipline is not required to submit proof of
7completion of the education and supervised clinical
8professional experience required in paragraph (3) of Section 9
9and proof of passage of the examination required in paragraph
10(4) of Section 9. Individuals with 5 10 consecutive years of
11experience must submit certified verification of licensure
12from the jurisdiction in which the applicant practiced and
13must comply with all other licensing requirements and pay all
14required fees.
15    If the accuracy of any submitted documentation or the
16relevance or sufficiency of the course work or experience is
17questioned by the Department or the Board because of a lack of
18information, discrepancies or conflicts in information given,
19or a need for clarification, the applicant seeking licensure
20may be required to provide additional information.
21    An applicant has 3 years from the date of application to
22complete the application process. If the process has not been
23completed within 3 years, the application shall be denied, the
24fee shall be forfeited, and the applicant must reapply and
25meet the requirements in effect at the time of reapplication.
26(Source: P.A. 100-766, eff. 1-1-19.)
 

 

 

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1    Section 15-10. The Marriage and Family Therapy Licensing
2Act is amended by changing Section 65 as follows:
 
3    (225 ILCS 55/65)  (from Ch. 111, par. 8351-65)
4    (Section scheduled to be repealed on January 1, 2027)
5    Sec. 65. Endorsement. The Department may issue a license
6as a licensed marriage and family therapist, without the
7required examination, to an applicant licensed under the laws
8of another state if the requirements for licensure in that
9state are, on the date of licensure, substantially equivalent
10to the requirements of this Act or to a person who, at the time
11of his or her application for licensure, possessed individual
12qualifications that were substantially equivalent to the
13requirements then in force in this State. An applicant under
14this Section shall pay all of the required fees.
15    An individual applying for licensure as a licensed
16marriage and family therapist who has been licensed at the
17independent level in another United States jurisdiction for 5
1810 consecutive years without discipline is not required to
19submit proof of completion of the education, professional
20experience, and supervision required in Section 40.
21Individuals with 5 10 consecutive years of experience must
22submit certified verification of licensure from the
23jurisdiction in which the applicant practiced and must comply
24with all other licensing requirements and pay all required

 

 

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1fees.
2    If the accuracy of any submitted documentation or the
3relevance or sufficiency of the course work or experience is
4questioned by the Department or the Board because of a lack of
5information, discrepancies or conflicts in information given,
6or a need for clarification, the applicant seeking licensure
7may be required to provide additional information.
8    Applicants have 3 years from the date of application to
9complete the application process. If the process has not been
10completed within the 3 years, the application shall be denied,
11the fee shall be forfeited, and the applicant must reapply and
12meet the requirements in effect at the time of reapplication.
13(Source: P.A. 100-372, eff. 8-25-17; 100-766, eff. 1-1-19.)
 
14    Section 15-20. The Professional Counselor and Clinical
15Professional Counselor Licensing and Practice Act is amended
16by changing Section 70 as follows:
 
17    (225 ILCS 107/70)
18    (Section scheduled to be repealed on January 1, 2023)
19    Sec. 70. Endorsement. The Department may issue a license
20as a licensed professional counselor or licensed clinical
21professional counselor, without the required examination, to
22(i) an applicant licensed under the laws of another state or
23United States jurisdiction whose standards in the opinion of
24the Department, were substantially equivalent at the date of

 

 

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1his or her licensure in the other jurisdiction to the
2requirements of this Act or (ii) any person who, at the time of
3licensure, possessed individual qualifications which were
4substantially equivalent to the requirements of this Act. Such
5an applicant shall pay all of the required fees.
6    An individual applying for licensure as a clinical
7professional counselor who has been licensed independent level
8in another United States jurisdiction for 5 10 consecutive
9years without discipline is not required to submit proof of
10completion of the supervised employment or experience required
11in subsection (b) of Section 45. Individuals with 5 10
12consecutive years of experience must submit certified
13verification of licensure from the jurisdiction in which the
14applicant practiced and must comply with all other licensing
15requirements and pay all required fees.
16    If the accuracy of any submitted documentation or the
17relevance or sufficiency of the course work or experience is
18questioned by the Department or the Board because of a lack of
19information, discrepancies or conflicts in information given,
20or a need for clarification, the applicant seeking licensure
21may be required to provide additional information.
22    Applicants have 3 years from the date of application to
23complete the application process. If the process has not been
24completed within 3 years, the application shall be denied, the
25fee forfeited, and the applicant must reapply and meet the
26requirements in effect at the time of reapplication.

 

 

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1(Source: P.A. 100-766, eff. 1-1-19.)
 
2
Article 99.

 
3    Section 99-99. Effective date. This Act takes effect upon
4becoming law.

 

 

SB3617- 30 -LRB102 22973 KTG 32127 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    5 ILCS 100/5-45.21 new
5    35 ILCS 5/232 new
6    20 ILCS 2205/2205-40 new
7    225 ILCS 20/12.5
8    225 ILCS 55/65from Ch. 111, par. 8351-65
9    225 ILCS 107/70