Full Text of SB3617 102nd General Assembly
SB3617sam004 102ND GENERAL ASSEMBLY | Sen. Laura Fine Filed: 2/18/2022
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| 1 | | AMENDMENT TO SENATE BILL 3617
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3617, AS AMENDED, | 3 | | by replacing Sections 3-1, 3-5, 3-10, 3-15, 3-25, and 3-30 | 4 | | with the following:
| 5 | | "Section 3-5. The Department of Healthcare and Family | 6 | | Services Law of the
Civil Administrative Code of Illinois is | 7 | | amended by adding Section 2205-40 as follows: | 8 | | (20 ILCS 2205/2205-40 new) | 9 | | Sec. 2205-40. Department transparency. To ensure | 10 | | transparency and a clear line of communication between the | 11 | | Department of Healthcare and Family Services and mental health | 12 | | and substance use disorder prevention, treatment, and recovery | 13 | | providers and agencies, the Department shall, to the full | 14 | | extent permitted by law, take all necessary action to ensure | 15 | | that any proposed modifications, additions, deletions, or | 16 | | amendments to the Illinois Public Aid Code related to mental |
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| 1 | | health and substance use disorder prevention, treatment, and | 2 | | recovery, or related rules including, but not limited to, 59 | 3 | | Ill. Adm. Code 132, 77 Ill. Adm. Code 2060, 77 Ill. Adm. Code | 4 | | 2090, and 89 Ill. Adm. Code 140, are communicated in a | 5 | | meaningful manner, by way of substantive meetings, | 6 | | communications, and discussion with the statewide trade | 7 | | associations representing substance use disorder and mental | 8 | | health prevention, treatment, and recovery providers and | 9 | | agencies (the "interested parties"). | 10 | | The Department shall provide information to and gather | 11 | | input from the interested parties on all such proposed actions | 12 | | impacting substance use disorder or mental health treatment, | 13 | | recovery, or prevention, including, but not limited to, | 14 | | policies, rules, and laws relating to rate setting, | 15 | | certification requirements, utilization review standards, | 16 | | billing and reimbursement requirements, and other obligations. | 17 | | The Department shall engage in good faith dialogue with the | 18 | | interested parties to address issues and problems with laws | 19 | | and rules applicable to mental health and substance use | 20 | | disorders and not disregard such issues and concerns except | 21 | | after establishing a clearly articulated rationale to be | 22 | | shared with the interested parties. | 23 | | The Department shall, to the full extent permitted under | 24 | | federal and State law, provide the interested parties with | 25 | | full and fair notice, information, and opportunity to comment | 26 | | prior to final action upon any amendment to the mental health |
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| 1 | | and substance use disorder provisions of the Illinois Public | 2 | | Aid Code or related rules. All actions shall be in accordance | 3 | | with the Illinois Administrative Procedure Act. This Section | 4 | | shall not be construed to modify or grant preferences to the | 5 | | interested parties over any other party or the public with | 6 | | respect to the Department's administrative or legislative | 7 | | activities. For proposed amendments to the Illinois Public Aid | 8 | | Code only, the Department shall meet with the interested | 9 | | parties after the relevant mental health and substance use | 10 | | disorder bills filed with the General Assembly have been voted | 11 | | upon by either the Senate or the House of Representatives and | 12 | | are in the process of crossing over being taken up by the House | 13 | | of Representatives or Senate as the case may be. | 14 | | In addition to the foregoing, the Department of Healthcare | 15 | | and Family Services shall provide written or electronic notice | 16 | | to the interested parties to the full extent permitted under | 17 | | federal law for any State Plan amendment or waiver related to | 18 | | substance use disorders or mental health submitted to the | 19 | | federal Centers for Medicare and Medicaid Services. ".
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