Full Text of HB2847 103rd General Assembly
HB2847ham002 103RD GENERAL ASSEMBLY | Rep. Lindsey LaPointe Filed: 4/27/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2847
| 2 | | AMENDMENT NO. ______. Amend House Bill 2847 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. References to Act; purpose. | 5 | | (a) References to Act. This Act may be referred to as the | 6 | | Mental Health and Wellness Act. | 7 | | (b) Purpose. This Act is intended to address Illinois' | 8 | | skyrocketing mental health
needs for children, youth, and | 9 | | adults following the COVID-19 pandemic by covering preventive
| 10 | | mental health care. | 11 | | Section 5. Findings. The General Assembly finds that: | 12 | | (1) According to a recent U.S. Surgeon General's | 13 | | Advisory on Protecting Youth Mental Health, the proportion | 14 | | of high school students reporting persistent feelings of | 15 | | hopelessness and
sadness increased by 40% between 2009 and | 16 | | 2019, and rates of depression and anxiety
doubled during |
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| 1 | | the COVID-19 pandemic. | 2 | | (2) Death by suicide is alarmingly high, particularly | 3 | | among Black children. Black children
under 13 are now | 4 | | nearly twice as likely to die by suicide than White | 5 | | children. | 6 | | (3) According to a bipartisan United States Senate | 7 | | Finance Committee report on Mental Health Care in the | 8 | | United States, symptoms for depression and anxiety in | 9 | | adults increased nearly fourfold during the COVID-19 | 10 | | pandemic. | 11 | | Section 10. The State Employees Group Insurance Act of | 12 | | 1971 is amended by changing Section 6.11 as follows:
| 13 | | (5 ILCS 375/6.11)
| 14 | | (Text of Section before amendment by P.A. 102-768 ) | 15 | | Sec. 6.11. Required health benefits; Illinois Insurance | 16 | | Code
requirements. The program of health
benefits shall | 17 | | provide the post-mastectomy care benefits required to be | 18 | | covered
by a policy of accident and health insurance under | 19 | | Section 356t of the Illinois
Insurance Code. The program of | 20 | | health benefits shall provide the coverage
required under | 21 | | Sections 356g, 356g.5, 356g.5-1, 356m, 356q,
356u, 356w, 356x, | 22 | | 356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, | 23 | | 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, | 24 | | 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, |
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| 1 | | 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, | 2 | | 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, and 356z.60 , and | 3 | | 356z.61 of the
Illinois Insurance Code.
The program of health | 4 | | benefits must comply with Sections 155.22a, 155.37, 355b, | 5 | | 356z.19, 370c, and 370c.1 and Article XXXIIB of the
Illinois | 6 | | Insurance Code. The Department of Insurance shall enforce the | 7 | | requirements of this Section with respect to Sections 370c and | 8 | | 370c.1 of the Illinois Insurance Code; all other requirements | 9 | | of this Section shall be enforced by the Department of Central | 10 | | Management Services.
| 11 | | Rulemaking authority to implement Public Act 95-1045, if | 12 | | any, is conditioned on the rules being adopted in accordance | 13 | | with all provisions of the Illinois Administrative Procedure | 14 | | Act and all rules and procedures of the Joint Committee on | 15 | | Administrative Rules; any purported rule not so adopted, for | 16 | | whatever reason, is unauthorized. | 17 | | (Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20; | 18 | | 101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. | 19 | | 1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103, | 20 | | eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; | 21 | | 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. | 22 | | 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, | 23 | | eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; | 24 | | revised 12-13-22.) | 25 | | (Text of Section after amendment by P.A. 102-768 ) |
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| 1 | | Sec. 6.11. Required health benefits; Illinois Insurance | 2 | | Code
requirements. The program of health
benefits shall | 3 | | provide the post-mastectomy care benefits required to be | 4 | | covered
by a policy of accident and health insurance under | 5 | | Section 356t of the Illinois
Insurance Code. The program of | 6 | | health benefits shall provide the coverage
required under | 7 | | Sections 356g, 356g.5, 356g.5-1, 356m, 356q,
356u, 356w, 356x, | 8 | | 356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, | 9 | | 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, | 10 | | 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, | 11 | | 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, | 12 | | 356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, and | 13 | | 356z.60 , and 356z.61 of the
Illinois Insurance Code.
The | 14 | | program of health benefits must comply with Sections 155.22a, | 15 | | 155.37, 355b, 356z.19, 370c, and 370c.1 and Article XXXIIB of | 16 | | the
Illinois Insurance Code. The Department of Insurance shall | 17 | | enforce the requirements of this Section with respect to | 18 | | Sections 370c and 370c.1 of the Illinois Insurance Code; all | 19 | | other requirements of this Section shall be enforced by the | 20 | | Department of Central Management Services.
| 21 | | Rulemaking authority to implement Public Act 95-1045, if | 22 | | any, is conditioned on the rules being adopted in accordance | 23 | | with all provisions of the Illinois Administrative Procedure | 24 | | Act and all rules and procedures of the Joint Committee on | 25 | | Administrative Rules; any purported rule not so adopted, for | 26 | | whatever reason, is unauthorized. |
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| 1 | | (Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20; | 2 | | 101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. | 3 | | 1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103, | 4 | | eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; | 5 | | 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. | 6 | | 1-1-23; 102-768, eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, | 7 | | eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; | 8 | | 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23.) | 9 | | Section 15. The Department of Public Health Powers and | 10 | | Duties Law of the
Civil Administrative Code of Illinois is | 11 | | amended by adding Section 2310-720 as follows: | 12 | | (20 ILCS 2310/2310-720 new) | 13 | | Sec. 2310-720. Public educational effort on mental health | 14 | | and wellness. Subject to appropriation, the Department shall | 15 | | undertake a public educational campaign to bring broad public | 16 | | awareness to communities across this State on the importance | 17 | | of mental health and wellness, including the expanded coverage | 18 | | of mental health treatment, and consistent with the | 19 | | recommendations of the Illinois Children's Mental Health | 20 | | Partnership's Children's Mental Health Plan of 2022 and Public | 21 | | Act 102-899. The Department shall look to other successful | 22 | | public educational campaigns to guide this effort, such as the | 23 | | public educational campaign related to Get Covered Illinois. | 24 | | Additionally, the Department shall work with the Department of |
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| 1 | | Insurance, the Illinois State Board of Education, the | 2 | | Department of Human Services, the Department of Healthcare and | 3 | | Family Services, the Department of Juvenile Justice, the | 4 | | Department of Children and Family Services, and other State | 5 | | agencies as necessary to promote consistency in messaging and | 6 | | distribution methods between this campaign and other | 7 | | concurrent public educational campaigns related to mental | 8 | | health and mental wellness. Public messaging for this campaign | 9 | | shall be simple, be easy to understand, and include culturally | 10 | | competent messaging for different communities and regions | 11 | | throughout this State. | 12 | | Section 20. The Counties Code is amended by changing | 13 | | Section 5-1069.3 as follows: | 14 | | (55 ILCS 5/5-1069.3)
| 15 | | Sec. 5-1069.3. Required health benefits. If a county, | 16 | | including a home
rule
county, is a self-insurer for purposes | 17 | | of providing health insurance coverage
for its employees, the | 18 | | coverage shall include coverage for the post-mastectomy
care | 19 | | benefits required to be covered by a policy of accident and | 20 | | health
insurance under Section 356t and the coverage required | 21 | | under Sections 356g, 356g.5, 356g.5-1, 356q, 356u,
356w, 356x, | 22 | | 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, | 23 | | 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, | 24 | | 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, |
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| 1 | | 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, | 2 | | 356z.54, 356z.56, 356z.57, 356z.59, and 356z.60 , and 356z.61 | 3 | | of
the Illinois Insurance Code. The coverage shall comply with | 4 | | Sections 155.22a, 355b, 356z.19, and 370c of
the Illinois | 5 | | Insurance Code. The Department of Insurance shall enforce the | 6 | | requirements of this Section. The requirement that health | 7 | | benefits be covered
as provided in this Section is an
| 8 | | exclusive power and function of the State and is a denial and | 9 | | limitation under
Article VII, Section 6, subsection (h) of the | 10 | | Illinois Constitution. A home
rule county to which this | 11 | | Section applies must comply with every provision of
this | 12 | | Section.
| 13 | | Rulemaking authority to implement Public Act 95-1045, if | 14 | | any, is conditioned on the rules being adopted in accordance | 15 | | with all provisions of the Illinois Administrative Procedure | 16 | | Act and all rules and procedures of the Joint Committee on | 17 | | Administrative Rules; any purported rule not so adopted, for | 18 | | whatever reason, is unauthorized. | 19 | | (Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; | 20 | | 101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff. | 21 | | 1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, | 22 | | eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; | 23 | | 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. | 24 | | 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, | 25 | | eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; | 26 | | 102-1117, eff. 1-13-23.) |
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| 1 | | Section 25. The Illinois Municipal Code is amended by | 2 | | changing Section 10-4-2.3 as follows: | 3 | | (65 ILCS 5/10-4-2.3)
| 4 | | Sec. 10-4-2.3. Required health benefits. If a | 5 | | municipality, including a
home rule municipality, is a | 6 | | self-insurer for purposes of providing health
insurance | 7 | | coverage for its employees, the coverage shall include | 8 | | coverage for
the post-mastectomy care benefits required to be | 9 | | covered by a policy of
accident and health insurance under | 10 | | Section 356t and the coverage required
under Sections 356g, | 11 | | 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, | 12 | | 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, | 13 | | 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, | 14 | | 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, | 15 | | 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, | 16 | | 356z.56, 356z.57, 356z.59, and 356z.60 , and 356z.61 of the | 17 | | Illinois
Insurance
Code. The coverage shall comply with | 18 | | Sections 155.22a, 355b, 356z.19, and 370c of
the Illinois | 19 | | Insurance Code. The Department of Insurance shall enforce the | 20 | | requirements of this Section. The requirement that health
| 21 | | benefits be covered as provided in this is an exclusive power | 22 | | and function of
the State and is a denial and limitation under | 23 | | Article VII, Section 6,
subsection (h) of the Illinois | 24 | | Constitution. A home rule municipality to which
this Section |
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| 1 | | applies must comply with every provision of this Section.
| 2 | | Rulemaking authority to implement Public Act 95-1045, if | 3 | | any, is conditioned on the rules being adopted in accordance | 4 | | with all provisions of the Illinois Administrative Procedure | 5 | | Act and all rules and procedures of the Joint Committee on | 6 | | Administrative Rules; any purported rule not so adopted, for | 7 | | whatever reason, is unauthorized. | 8 | | (Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; | 9 | | 101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff. | 10 | | 1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, | 11 | | eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; | 12 | | 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. | 13 | | 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, | 14 | | eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; | 15 | | 102-1117, eff. 1-13-23.) | 16 | | Section 30. The School Code is amended by changing Section | 17 | | 10-22.3f as follows: | 18 | | (105 ILCS 5/10-22.3f)
| 19 | | Sec. 10-22.3f. Required health benefits. Insurance | 20 | | protection and
benefits
for employees shall provide the | 21 | | post-mastectomy care benefits required to be
covered by a | 22 | | policy of accident and health insurance under Section 356t and | 23 | | the
coverage required under Sections 356g, 356g.5, 356g.5-1, | 24 | | 356q, 356u, 356w, 356x, 356z.4, 356z.4a,
356z.6, 356z.8, |
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| 1 | | 356z.9, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, | 2 | | 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, | 3 | | 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, | 4 | | 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, and 356z.60 , and | 5 | | 356z.61 of
the
Illinois Insurance Code.
Insurance policies | 6 | | shall comply with Section 356z.19 of the Illinois Insurance | 7 | | Code. The coverage shall comply with Sections 155.22a, 355b, | 8 | | and 370c of
the Illinois Insurance Code. The Department of | 9 | | Insurance shall enforce the requirements of this Section.
| 10 | | Rulemaking authority to implement Public Act 95-1045, if | 11 | | any, is conditioned on the rules being adopted in accordance | 12 | | with all provisions of the Illinois Administrative Procedure | 13 | | Act and all rules and procedures of the Joint Committee on | 14 | | Administrative Rules; any purported rule not so adopted, for | 15 | | whatever reason, is unauthorized. | 16 | | (Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; | 17 | | 101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff. | 18 | | 1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, | 19 | | eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; | 20 | | 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. | 21 | | 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, | 22 | | eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23.) | 23 | | Section 35. The Illinois Insurance Code is amended by | 24 | | adding Section 356z.61 as follows: |
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| 1 | | (215 ILCS 5/356z.61 new) | 2 | | Sec. 356z.61. Coverage of no-cost mental health prevention | 3 | | and wellness visits. | 4 | | (a) A group or individual policy of accident and health | 5 | | insurance or managed care plan that is amended, delivered, | 6 | | issued, or renewed on or after January 1, 2025 shall provide | 7 | | coverage for 2 annual mental health prevention and wellness | 8 | | visits for children and for adults. | 9 | | (b) Mental health prevention and wellness visits shall | 10 | | include any age-appropriate screening recommended by the | 11 | | United States Preventive Services Task Force or by the | 12 | | American Academy of Pediatrics' Bright Futures: Guidelines for | 13 | | Health Supervision of Infants, Children, and Adolescents for | 14 | | purposes of identifying a mental health issue, condition, or | 15 | | disorder; discussing mental health symptoms that might be | 16 | | present, including symptoms of a previously diagnosed mental | 17 | | health condition or disorder; performing an evaluation of | 18 | | adverse childhood experiences; and discussing mental health | 19 | | and wellness. | 20 | | (c) A mental health prevention and wellness visit shall be | 21 | | covered for up to 60 minutes and may be performed by a | 22 | | physician licensed to practice medicine in all of its | 23 | | branches, a licensed clinical psychologist, a licensed | 24 | | clinical social worker, a licensed clinical professional | 25 | | counselor, a licensed marriage and family therapist, a | 26 | | licensed social worker, or a licensed professional counselor. |
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| 1 | | (d) A policy subject to this Section shall not impose a | 2 | | deductible, coinsurance, copayment, or other cost-sharing | 3 | | requirement for mental health prevention and wellness visits. | 4 | | The cost-sharing prohibition in this subsection (d) does not | 5 | | apply to coverage of mental health prevention and wellness | 6 | | visits to the extent such coverage would disqualify a | 7 | | high-deductible health plan from eligibility from a health | 8 | | savings account pursuant to Section 223 of the Internal | 9 | | Revenue Code. | 10 | | (e) A mental health prevention and wellness visit shall be | 11 | | in addition to an annual physical examination and shall not | 12 | | replace a well-child visit or a
general health or medical | 13 | | visit. | 14 | | (f) A mental health prevention and wellness visit shall be | 15 | | reimbursed through the following American Medical Association | 16 | | current procedural terminology codes and at the same rate that | 17 | | current procedural terminology codes are reimbursed for the | 18 | | provision of other medical care: 99381-99387 and 99391-99397. | 19 | | The Department shall update the current procedural terminology | 20 | | codes through adoption of rules if the codes listed in this | 21 | | subsection are altered, amended, changed, deleted, or | 22 | | supplemented. | 23 | | (g) Reimbursement of any of the current procedural | 24 | | terminology codes listed in this Section shall comply with the | 25 | | following: | 26 | | (1) reimbursement may be adjusted for payment of |
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| 1 | | claims that are billed by a nonphysician clinician so long | 2 | | as the methodology to determine the adjustments are | 3 | | comparable to and applied no more stringently than the | 4 | | methodology for adjustments made for reimbursement of | 5 | | claims billed by nonphysician clinicians for other medical | 6 | | care, in accordance with 45 CFR 146.136(c)(4); and | 7 | | (2) for a mental health prevention and wellness visit | 8 | | and for a service other than a mental health prevention | 9 | | and wellness visit, reimbursement shall not be denied if | 10 | | they occur on the same date by the same provider and the | 11 | | provider is a primary care provider. | 12 | | (h) A mental health prevention and wellness visit may be | 13 | | incorporated into and reimbursed within any type of integrated | 14 | | primary care service delivery method, including, but not | 15 | | limited to, a psychiatric collaborative care model as provided | 16 | | for under this Code. | 17 | | (i) The Department shall adopt any rules necessary to | 18 | | implement this Section by no later than October 31, 2024. | 19 | | Section 95. No acceleration or delay. Where this Act makes | 20 | | changes in a statute that is represented in this Act by text | 21 | | that is not yet or no longer in effect (for example, a Section | 22 | | represented by multiple versions), the use of that text does | 23 | | not accelerate or delay the taking effect of (i) the changes | 24 | | made by this Act or (ii) provisions derived from any other | 25 | | Public Act.
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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