Sen. Laura Fine

Filed: 2/18/2022





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2    AMENDMENT NO. ______. Amend Senate Bill 3617, AS AMENDED,
3by replacing Sections 3-1, 3-5, 3-10, 3-15, 3-25, and 3-30
4with the following:
5    "Section 3-5. The Department of Healthcare and Family
6Services Law of the Civil Administrative Code of Illinois is
7amended by adding Section 2205-40 as follows:
8    (20 ILCS 2205/2205-40 new)
9    Sec. 2205-40. Department transparency. To ensure
10transparency and a clear line of communication between the
11Department of Healthcare and Family Services and mental health
12and substance use disorder prevention, treatment, and recovery
13providers and agencies, the Department shall, to the full
14extent permitted by law, take all necessary action to ensure
15that any proposed modifications, additions, deletions, or
16amendments to the Illinois Public Aid Code related to mental



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1health and substance use disorder prevention, treatment, and
2recovery, or related rules including, but not limited to, 59
3Ill. Adm. Code 132, 77 Ill. Adm. Code 2060, 77 Ill. Adm. Code
42090, and 89 Ill. Adm. Code 140, are communicated in a
5meaningful manner, by way of substantive meetings,
6communications, and discussion with the statewide trade
7associations representing substance use disorder and mental
8health prevention, treatment, and recovery providers and
9agencies (the "interested parties").
10    The Department shall provide information to and gather
11input from the interested parties on all such proposed actions
12impacting substance use disorder or mental health treatment,
13recovery, or prevention, including, but not limited to,
14policies, rules, and laws relating to rate setting,
15certification requirements, utilization review standards,
16billing and reimbursement requirements, and other obligations.
17The Department shall engage in good faith dialogue with the
18interested parties to address issues and problems with laws
19and rules applicable to mental health and substance use
20disorders and not disregard such issues and concerns except
21after establishing a clearly articulated rationale to be
22shared with the interested parties.
23    The Department shall, to the full extent permitted under
24federal and State law, provide the interested parties with
25full and fair notice, information, and opportunity to comment
26prior to final action upon any amendment to the mental health



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1and substance use disorder provisions of the Illinois Public
2Aid Code or related rules. All actions shall be in accordance
3with the Illinois Administrative Procedure Act. This Section
4shall not be construed to modify or grant preferences to the
5interested parties over any other party or the public with
6respect to the Department's administrative or legislative
7activities. For proposed amendments to the Illinois Public Aid
8Code only, the Department shall meet with the interested
9parties after the relevant mental health and substance use
10disorder bills filed with the General Assembly have been voted
11upon by either the Senate or the House of Representatives and
12are in the process of crossing over being taken up by the House
13of Representatives or Senate as the case may be.
14    In addition to the foregoing, the Department of Healthcare
15and Family Services shall provide written or electronic notice
16to the interested parties to the full extent permitted under
17federal law for any State Plan amendment or waiver related to
18substance use disorders or mental health submitted to the
19federal Centers for Medicare and Medicaid Services.".