Full Text of SB3410 103rd General Assembly
SB3410eng 103RD GENERAL ASSEMBLY | | | SB3410 Engrossed | | LRB103 38675 KTG 68812 b |
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| 1 | | AN ACT concerning State government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Substance Use Disorder Act is amended by | 5 | | changing Sections 1-5, 1-10, 5-5, 5-10, 5-20, 10-10, 10-15, | 6 | | 15-5, 15-10, 20-5, 25-5, 25-10, 30-5, 35-5, 35-10, 50-40, | 7 | | 55-30, and 55-40 as follows: | 8 | | (20 ILCS 301/1-5) | 9 | | Sec. 1-5. Legislative declaration. Substance use and | 10 | | gambling disorders, as defined in this Act, constitute a | 11 | | serious public health problem. The effects on public safety | 12 | | and the criminal justice system cause serious social and | 13 | | economic losses, as well as great human suffering. It is | 14 | | imperative that a comprehensive and coordinated strategy be | 15 | | developed under the leadership of a State agency. This | 16 | | strategy should be implemented through the facilities of | 17 | | federal and local government and community-based agencies | 18 | | (which may be public or private, volunteer or professional). | 19 | | Through local prevention, early intervention, treatment, and | 20 | | other recovery support services, this strategy should empower | 21 | | those struggling with these substance use disorders (and, when | 22 | | appropriate, the families of those persons) to lead healthy | 23 | | lives. |
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| 1 | | The human, social, and economic benefits of preventing | 2 | | these substance use disorders are great, and it is imperative | 3 | | that there be interagency cooperation in the planning and | 4 | | delivery of prevention, early intervention, treatment, and | 5 | | other recovery support services in Illinois. | 6 | | The provisions of this Act shall be liberally construed to | 7 | | enable the Department to carry out these objectives and | 8 | | purposes. | 9 | | (Source: P.A. 100-759, eff. 1-1-19 .) | 10 | | (20 ILCS 301/1-10) | 11 | | Sec. 1-10. Definitions. As used in this Act, unless the | 12 | | context clearly indicates otherwise, the following words and | 13 | | terms have the following meanings: | 14 | | "Case management" means a coordinated approach to the | 15 | | delivery of health and medical treatment, substance use | 16 | | disorder treatment, gambling disorder treatment, mental health | 17 | | treatment, and social services, linking patients with | 18 | | appropriate services to address specific needs and achieve | 19 | | stated goals. In general, case management assists patients | 20 | | with other disorders and conditions that require multiple | 21 | | services over extended periods of time and who face difficulty | 22 | | in gaining access to those services. | 23 | | "Crime of violence" means any of the following crimes: | 24 | | murder, voluntary manslaughter, criminal sexual assault, | 25 | | aggravated criminal sexual assault, predatory criminal sexual |
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| 1 | | assault of a child, armed robbery, robbery, arson, kidnapping, | 2 | | aggravated battery, aggravated arson, or any other felony that | 3 | | involves the use or threat of physical force or violence | 4 | | against another individual. | 5 | | "Department" means the Department of Human Services. | 6 | | "DUI" means driving under the influence of alcohol or | 7 | | other drugs. | 8 | | "Designated program" means a category of service | 9 | | authorized by an intervention license issued by the Department | 10 | | for delivery of all services as described in Article 40 in this | 11 | | Act. | 12 | | "Early intervention" means services, authorized by a | 13 | | treatment license, that are sub-clinical and pre-diagnostic | 14 | | and that are designed to screen, identify, and address risk | 15 | | factors that may be related to problems associated with a | 16 | | substance use or gambling disorder substance use disorders and | 17 | | to assist individuals in recognizing harmful consequences. | 18 | | Early intervention services facilitate emotional and social | 19 | | stability and involve involves referrals for treatment, as | 20 | | needed. | 21 | | "Facility" means the building or premises are used for the | 22 | | provision of licensable services, including support services, | 23 | | as set forth by rule. | 24 | | "Gambling disorder" means persistent and recurrent | 25 | | problematic gambling behavior leading to clinically | 26 | | significant impairment or distress. recurring maladaptive |
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| 1 | | gambling behavior that disrupts personal, family, or | 2 | | vocational pursuits. | 3 | | "Gambling" means the risking of money or other items of | 4 | | value in games of chance, including video gaming, sports | 5 | | betting, and other games of chance. | 6 | | "Gaming" means the action or practice of playing video | 7 | | games. | 8 | | "Holds itself out" means any activity that would lead one | 9 | | to reasonably conclude that the individual or entity provides | 10 | | or intends to provide licensable substance-related disorder | 11 | | intervention or treatment services. Such activities include, | 12 | | but are not limited to, advertisements, notices, statements, | 13 | | or contractual arrangements with managed care organizations, | 14 | | private health insurance, or employee assistance programs to | 15 | | provide services that require a license as specified in | 16 | | Article 15. | 17 | | "Informed consent" means legally valid written consent, | 18 | | given by a client, patient, or legal guardian, that authorizes | 19 | | intervention or treatment services from a licensed | 20 | | organization and that documents agreement to participate in | 21 | | those services and knowledge of the consequences of withdrawal | 22 | | from such services. Informed consent also acknowledges the | 23 | | client's or patient's right to a conflict-free choice of | 24 | | services from any licensed organization and the potential | 25 | | risks and benefits of selected services. | 26 | | "Intoxicated person" means a person whose mental or |
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| 1 | | physical functioning is substantially impaired as a result of | 2 | | the current effects of alcohol or other drugs within the body. | 3 | | "Medication assisted treatment" means the prescription of | 4 | | medications that are approved by the U.S. Food and Drug | 5 | | Administration and the Center for Substance Abuse Treatment to | 6 | | assist with treatment for a substance use disorder and to | 7 | | support recovery for individuals receiving services in a | 8 | | facility licensed by the Department. Medication assisted | 9 | | treatment includes opioid treatment services as authorized by | 10 | | a Department license. | 11 | | "Off-site services" means licensable services are | 12 | | conducted at a location separate from the licensed location of | 13 | | the provider, and services are operated by an entity licensed | 14 | | under this Act and approved in advance by the Department. | 15 | | "Person" means any individual, firm, group, association, | 16 | | partnership, corporation, trust, government or governmental | 17 | | subdivision or agency. | 18 | | "Prevention" means an interactive process of individuals, | 19 | | families, schools, religious organizations, communities and | 20 | | regional, state and national organizations whose goals are to | 21 | | reduce the prevalence of substance use or gambling disorders, | 22 | | prevent the use of illegal drugs and the abuse of legal drugs | 23 | | by persons of all ages, prevent the use of alcohol by minors, | 24 | | reduce the severity of harm in gambling by persons of all ages, | 25 | | build the capacities of individuals and systems, and promote | 26 | | healthy environments, lifestyles, and behaviors. |
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| 1 | | "Recovery" means a process of change through which | 2 | | individuals improve their health and wellness, live a | 3 | | self-directed life, and reach their full potential. | 4 | | "Recovery support" means services designed to support | 5 | | individual recovery from a substance use or gambling disorder | 6 | | that may be delivered pre-treatment, during treatment, or post | 7 | | treatment. These services may be delivered in a wide variety | 8 | | of settings for the purpose of supporting the individual in | 9 | | meeting his or her recovery support goals. | 10 | | "Secretary" means the Secretary of the Department of Human | 11 | | Services or his or her designee. | 12 | | "Substance use disorder" means a spectrum of persistent | 13 | | and recurring problematic behavior that encompasses 10 | 14 | | separate classes of drugs: alcohol; caffeine; cannabis; | 15 | | hallucinogens; inhalants; opioids; sedatives, hypnotics and | 16 | | anxiolytics; stimulants; and tobacco; and other unknown | 17 | | substances leading to clinically significant impairment or | 18 | | distress. | 19 | | "Treatment" means the broad range of emergency, | 20 | | outpatient, and residential care (including assessment, | 21 | | diagnosis, case management, treatment, and recovery support | 22 | | planning) may be extended to individuals with substance use | 23 | | disorders or to the families of those persons. | 24 | | "Withdrawal management" means services designed to manage | 25 | | intoxication or withdrawal episodes (previously referred to as | 26 | | detoxification), interrupt the momentum of habitual, |
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| 1 | | compulsive substance use and begin the initial engagement in | 2 | | medically necessary substance use disorder treatment. | 3 | | Withdrawal management allows patients to safely withdraw from | 4 | | substances in a controlled medically-structured environment. | 5 | | (Source: P.A. 100-759, eff. 1-1-19 .) | 6 | | (20 ILCS 301/5-5) | 7 | | Sec. 5-5. Successor department; home rule. | 8 | | (a) The Department of Human Services, as successor to the | 9 | | Department of Alcoholism and Substance Abuse, shall assume the | 10 | | various rights, powers, duties, and functions provided for in | 11 | | this Act. | 12 | | (b) It is declared to be the public policy of this State, | 13 | | pursuant to paragraphs (h) and (i) of Section 6 of Article VII | 14 | | of the Illinois Constitution of 1970, that the powers and | 15 | | functions set forth in this Act and expressly delegated to the | 16 | | Department are exclusive State powers and functions. Nothing | 17 | | herein prohibits the exercise of any power or the performance | 18 | | of any function, including the power to regulate, for the | 19 | | protection of the public health, safety, morals and welfare, | 20 | | by any unit of local government, other than the powers and | 21 | | functions set forth in this Act and expressly delegated to the | 22 | | Department to be exclusive State powers and functions. | 23 | | (c) The Department shall, through accountable and | 24 | | efficient leadership, example and commitment to excellence, | 25 | | strive to reduce the incidence of substance use or gambling |
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| 1 | | disorders by: | 2 | | (1) Fostering public understanding of substance use | 3 | | disorders and how they affect individuals, families, and | 4 | | communities. | 5 | | (2) Promoting healthy lifestyles. | 6 | | (3) Promoting understanding and support for sound | 7 | | public policies. | 8 | | (4) Ensuring quality prevention, early intervention, | 9 | | treatment, and other recovery support services that are | 10 | | accessible and responsive to the diverse needs of | 11 | | individuals, families, and communities. | 12 | | (Source: P.A. 100-759, eff. 1-1-19 .) | 13 | | (20 ILCS 301/5-10) | 14 | | Sec. 5-10. Functions of the Department. | 15 | | (a) In addition to the powers, duties and functions vested | 16 | | in the Department by this Act, or by other laws of this State, | 17 | | the Department shall carry out the following activities: | 18 | | (1) Design, coordinate and fund comprehensive | 19 | | community-based and culturally and gender-appropriate | 20 | | services throughout the State. These services must include | 21 | | prevention, early intervention, treatment, and other | 22 | | recovery support services for substance use disorders that | 23 | | are accessible and address the needs of at-risk | 24 | | individuals and their families. | 25 | | (2) Act as the exclusive State agency to accept, |
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| 1 | | receive and expend, pursuant to appropriation, any public | 2 | | or private monies, grants or services, including those | 3 | | received from the federal government or from other State | 4 | | agencies, for the purpose of providing prevention, early | 5 | | intervention, treatment, and other recovery support | 6 | | services for substance use or gambling disorders. | 7 | | (2.5) In partnership with the Department of Healthcare | 8 | | and Family Services, act as one of the principal State | 9 | | agencies for the sole purpose of calculating the | 10 | | maintenance of effort requirement under Section 1930 of | 11 | | Title XIX, Part B, Subpart II of the Public Health Service | 12 | | Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR | 13 | | 96.134). | 14 | | (3) Coordinate a statewide strategy for the | 15 | | prevention, early intervention, treatment, and recovery | 16 | | support of substance use or gambling disorders. This | 17 | | strategy shall include the development of a comprehensive | 18 | | plan, submitted annually with the application for federal | 19 | | substance use disorder block grant funding, for the | 20 | | provision of an array of such services. The plan shall be | 21 | | based on local community-based needs and upon data | 22 | | including, but not limited to, that which defines the | 23 | | prevalence of and costs associated with these substance | 24 | | use disorders. This comprehensive plan shall include | 25 | | identification of problems, needs, priorities, services | 26 | | and other pertinent information, including the needs of |
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| 1 | | marginalized communities minorities and other specific | 2 | | priority populations in the State, and shall describe how | 3 | | the identified problems and needs will be addressed. For | 4 | | purposes of this paragraph, the term " marginalized | 5 | | communities minorities and other specific priority | 6 | | populations" may include, but shall not be limited to, | 7 | | groups such as women, children, persons who use | 8 | | intravenous drugs intravenous drug users , persons with | 9 | | AIDS or who are HIV infected, veterans, African-Americans, | 10 | | Puerto Ricans, Hispanics, Asian Americans, the elderly, | 11 | | persons in the criminal justice system, persons who are | 12 | | clients of services provided by other State agencies, | 13 | | persons with disabilities and such other specific | 14 | | populations as the Department may from time to time | 15 | | identify. In developing the plan, the Department shall | 16 | | seek input from providers, parent groups, associations and | 17 | | interested citizens. | 18 | | The plan developed under this Section shall include an | 19 | | explanation of the rationale to be used in ensuring that | 20 | | funding shall be based upon local community needs, | 21 | | including, but not limited to, the incidence and | 22 | | prevalence of, and costs associated with, these substance | 23 | | use disorders, as well as upon demonstrated program | 24 | | performance. | 25 | | The plan developed under this Section shall also | 26 | | contain a report detailing the activities of and progress |
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| 1 | | made through services for the care and treatment of these | 2 | | substance use disorders among pregnant women and mothers | 3 | | and their children established under subsection (j) of | 4 | | Section 35-5. | 5 | | As applicable, the plan developed under this Section | 6 | | shall also include information about funding by other | 7 | | State agencies for prevention, early intervention, | 8 | | treatment, and other recovery support services. | 9 | | (4) Lead, foster and develop cooperation, coordination | 10 | | and agreements among federal and State governmental | 11 | | agencies and local providers that provide assistance, | 12 | | services, funding or other functions, peripheral or | 13 | | direct, in the prevention, early intervention, treatment, | 14 | | and recovery support for substance use or gambling | 15 | | disorders. This shall include, but shall not be limited | 16 | | to, the following: | 17 | | (A) Cooperate with and assist other State | 18 | | agencies, as applicable, in establishing and | 19 | | conducting these substance use disorder services among | 20 | | the populations they respectively serve. | 21 | | (B) Cooperate with and assist the Illinois | 22 | | Department of Public Health in the establishment, | 23 | | funding and support of programs and services for the | 24 | | promotion of maternal and child health and the | 25 | | prevention and treatment of infectious diseases, | 26 | | including but not limited to HIV infection, especially |
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| 1 | | with respect to those persons who are high risk due to | 2 | | intravenous injection of illegal drugs, or who may | 3 | | have been sexual partners of these individuals, or who | 4 | | may have impaired immune systems as a result of a | 5 | | substance use disorder. | 6 | | (C) Supply to the Department of Public Health and | 7 | | prenatal care providers a list of all providers who | 8 | | are licensed to provide substance use disorder | 9 | | treatment for pregnant women in this State. | 10 | | (D) Assist in the placement of child abuse or | 11 | | neglect perpetrators (identified by the Illinois | 12 | | Department of Children and Family Services (DCFS)) who | 13 | | have been determined to be in need of substance use | 14 | | disorder treatment pursuant to Section 8.2 of the | 15 | | Abused and Neglected Child Reporting Act. | 16 | | (E) Cooperate with and assist DCFS in carrying out | 17 | | its mandates to: | 18 | | (i) identify substance use and gambling | 19 | | disorders among its clients and their families; | 20 | | and | 21 | | (ii) develop services to deal with such | 22 | | disorders. | 23 | | These services may include, but shall not be limited | 24 | | to, programs to prevent or treat substance use or | 25 | | gambling disorders with DCFS clients and their | 26 | | families, identifying child care needs within such |
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| 1 | | treatment, and assistance with other issues as | 2 | | required. | 3 | | (F) Cooperate with and assist the Illinois | 4 | | Criminal Justice Information Authority with respect to | 5 | | statistical and other information concerning the | 6 | | incidence and prevalence of substance use or gambling | 7 | | disorders. | 8 | | (G) Cooperate with and assist the State | 9 | | Superintendent of Education, boards of education, | 10 | | schools, police departments, the Illinois State | 11 | | Police, courts and other public and private agencies | 12 | | and individuals in establishing substance use or | 13 | | gambling disorder prevention programs statewide and | 14 | | preparing curriculum materials for use at all levels | 15 | | of education. | 16 | | (H) Cooperate with and assist the Illinois | 17 | | Department of Healthcare and Family Services in the | 18 | | development and provision of services offered to | 19 | | recipients of public assistance for the treatment and | 20 | | prevention of substance use or gambling disorders. | 21 | | (I) (Blank). | 22 | | (5) From monies appropriated to the Department from | 23 | | the Drunk and Drugged Driving Prevention Fund, reimburse | 24 | | DUI evaluation and risk education programs licensed by the | 25 | | Department for providing indigent persons with free or | 26 | | reduced-cost evaluation and risk education services |
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| 1 | | relating to a charge of driving under the influence of | 2 | | alcohol or other drugs. | 3 | | (6) Promulgate regulations to identify and disseminate | 4 | | best practice guidelines that can be utilized by publicly | 5 | | and privately funded programs as well as for levels of | 6 | | payment to government funded programs that provide | 7 | | prevention, early intervention, treatment, and other | 8 | | recovery support services for substance use or gambling | 9 | | disorders and those services referenced in Sections 15-10 | 10 | | and 40-5. | 11 | | (7) In consultation with providers and related trade | 12 | | associations, specify a uniform methodology for use by | 13 | | funded providers and the Department for billing and | 14 | | collection and dissemination of statistical information | 15 | | regarding services related to substance use or gambling | 16 | | disorders. | 17 | | (8) Receive data and assistance from federal, State | 18 | | and local governmental agencies, and obtain copies of | 19 | | identification and arrest data from all federal, State and | 20 | | local law enforcement agencies for use in carrying out the | 21 | | purposes and functions of the Department. | 22 | | (9) Designate and license providers to conduct | 23 | | screening, assessment, referral and tracking of clients | 24 | | identified by the criminal justice system as having | 25 | | indications of substance use disorders and being eligible | 26 | | to make an election for treatment under Section 40-5 of |
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| 1 | | this Act, and assist in the placement of individuals who | 2 | | are under court order to participate in treatment. | 3 | | (10) Identify and disseminate evidence-based best | 4 | | practice guidelines as maintained in administrative rule | 5 | | that can be utilized to determine a substance use or | 6 | | gambling disorder diagnosis. | 7 | | (11) (Blank). | 8 | | (11.5) Make grants with funds appropriated to the | 9 | | Department as provided in Section 50 of the Video Gaming | 10 | | Act and subsection (c) of Section 13 of the Illinois | 11 | | Gambling Act. | 12 | | (12) Make grants with funds appropriated from the Drug | 13 | | Treatment Fund in accordance with Section 7 of the | 14 | | Controlled Substance and Cannabis Nuisance Act, or in | 15 | | accordance with Section 80 of the Methamphetamine Control | 16 | | and Community Protection Act, or in accordance with | 17 | | subsections (h) and (i) of Section 411.2 of the Illinois | 18 | | Controlled Substances Act, or in accordance with Section | 19 | | 6z-107 of the State Finance Act. | 20 | | (13) Encourage all health and disability insurance | 21 | | programs to include substance use and gambling disorder | 22 | | treatment as a covered services service and to use | 23 | | evidence-based best practice criteria as maintained in | 24 | | administrative rule and as required in Public Act 99-0480 | 25 | | in determining the necessity for such services and | 26 | | continued stay. |
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| 1 | | (14) Award grants and enter into fixed-rate and | 2 | | fee-for-service arrangements with any other department, | 3 | | authority or commission of this State, or any other state | 4 | | or the federal government or with any public or private | 5 | | agency, including the disbursement of funds and furnishing | 6 | | of staff, to effectuate the purposes of this Act. | 7 | | (15) Conduct a public information campaign to inform | 8 | | the State's Hispanic residents regarding the prevention | 9 | | and treatment of substance use or gambling disorders. | 10 | | (b) In addition to the powers, duties and functions vested | 11 | | in it by this Act, or by other laws of this State, the | 12 | | Department may undertake, but shall not be limited to, the | 13 | | following activities: | 14 | | (1) Require all organizations licensed or funded by | 15 | | the Department to include an education component to inform | 16 | | participants regarding the causes and means of | 17 | | transmission and methods of reducing the risk of acquiring | 18 | | or transmitting HIV infection and other infectious | 19 | | diseases, and to include funding for such education | 20 | | component in its support of the program. | 21 | | (2) Review all State agency applications for federal | 22 | | funds that include provisions relating to the prevention, | 23 | | early intervention and treatment of substance use or | 24 | | gambling disorders in order to ensure consistency. | 25 | | (3) Prepare, publish, evaluate, disseminate and serve | 26 | | as a central repository for educational materials dealing |
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| 1 | | with the nature and effects of substance use or gambling | 2 | | disorders. Such materials may deal with the educational | 3 | | needs of the citizens of Illinois, and may include at | 4 | | least pamphlets that describe the causes and effects of | 5 | | fetal alcohol spectrum disorders. | 6 | | (4) Develop and coordinate, with regional and local | 7 | | agencies, education and training programs for persons | 8 | | engaged in providing services for persons with substance | 9 | | use or gambling disorders, which programs may include | 10 | | specific HIV education and training for program personnel. | 11 | | (5) Cooperate with and assist in the development of | 12 | | education, prevention, early intervention, and treatment | 13 | | programs for employees of State and local governments and | 14 | | businesses in the State. | 15 | | (6) Utilize the support and assistance of interested | 16 | | persons in the community, including recovering persons, to | 17 | | assist individuals and communities in understanding the | 18 | | dynamics of substance use or gambling disorders, and to | 19 | | encourage individuals with these substance use disorders | 20 | | to voluntarily undergo treatment. | 21 | | (7) Promote, conduct, assist or sponsor basic | 22 | | clinical, epidemiological and statistical research into | 23 | | substance use or gambling disorders and research into the | 24 | | prevention of those problems either solely or in | 25 | | conjunction with any public or private agency. | 26 | | (8) Cooperate with public and private agencies, |
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| 1 | | organizations , institutions of higher education, and | 2 | | individuals in the development of programs, and to provide | 3 | | technical assistance and consultation services for this | 4 | | purpose. | 5 | | (9) (Blank). | 6 | | (10) (Blank). | 7 | | (11) Fund, promote, or assist entities dealing with | 8 | | substance use or gambling disorders. | 9 | | (12) With monies appropriated from the Group Home Loan | 10 | | Revolving Fund, make loans, directly or through | 11 | | subcontract, to assist in underwriting the costs of | 12 | | housing in which individuals recovering from substance use | 13 | | or gambling disorders may reside, pursuant to Section | 14 | | 50-40 of this Act. | 15 | | (13) Promulgate such regulations as may be necessary | 16 | | to carry out the purposes and enforce the provisions of | 17 | | this Act. | 18 | | (14) Provide funding to help parents be effective in | 19 | | preventing substance use or gambling disorders by building | 20 | | an awareness of the family's role in preventing these | 21 | | substance use disorders through adjusting expectations, | 22 | | developing new skills, and setting positive family goals. | 23 | | The programs shall include, but not be limited to, the | 24 | | following subjects: healthy family communication; | 25 | | establishing rules and limits; how to reduce family | 26 | | conflict; how to build self-esteem, competency, and |
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| 1 | | responsibility in children; how to improve motivation and | 2 | | achievement; effective discipline; problem solving | 3 | | techniques; healthy gaming and play habits; appropriate | 4 | | financial planning and investment strategies; how to talk | 5 | | about gambling and related activities; and how to talk | 6 | | about substance use or gambling drugs and alcohol . The | 7 | | programs shall be open to all parents. | 8 | | (15) Establish an Opioid Remediation Services Capital | 9 | | Investment Grant Program. The Department may, subject to | 10 | | appropriation and approval through the Opioid Overdose | 11 | | Prevention and Recovery Steering Committee, after | 12 | | recommendation by the Illinois Opioid Remediation Advisory | 13 | | Board, and certification by the Office of the Attorney | 14 | | General, make capital improvement grants to units of local | 15 | | government and substance use prevention, treatment, and | 16 | | recovery service providers addressing opioid remediation | 17 | | in the State for approved abatement uses under the | 18 | | Illinois Opioid Allocation Agreement. The Illinois Opioid | 19 | | Remediation State Trust Fund shall be the source of | 20 | | funding for the program. Eligible grant recipients shall | 21 | | be units of local government and substance use prevention, | 22 | | treatment, and recovery service providers that offer | 23 | | facilities and services in a manner that supports and | 24 | | meets the approved uses of the opioid settlement funds. | 25 | | Eligible grant recipients have no entitlement to a grant | 26 | | under this Section. The Department of Human Services may |
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| 1 | | consult with the Capital Development Board, the Department | 2 | | of Commerce and Economic Opportunity, and the Illinois | 3 | | Housing Development Authority to adopt rules to implement | 4 | | this Section and may create a competitive application | 5 | | procedure for grants to be awarded. The rules may specify | 6 | | the manner of applying for grants; grantee eligibility | 7 | | requirements; project eligibility requirements; | 8 | | restrictions on the use of grant moneys; the manner in | 9 | | which grantees must account for the use of grant moneys; | 10 | | and any other provision that the Department of Human | 11 | | Services determines to be necessary or useful for the | 12 | | administration of this Section. Rules may include a | 13 | | requirement for grantees to provide local matching funds | 14 | | in an amount equal to a specific percentage of the grant. | 15 | | No portion of an opioid remediation services capital | 16 | | investment grant awarded under this Section may be used by | 17 | | a grantee to pay for any ongoing operational costs or | 18 | | outstanding debt. The Department of Human Services may | 19 | | consult with the Capital Development Board, the Department | 20 | | of Commerce and Economic Opportunity, and the Illinois | 21 | | Housing Development Authority in the management and | 22 | | disbursement of funds for capital-related projects. The | 23 | | Capital Development Board, the Department of Commerce and | 24 | | Economic Opportunity, and the Illinois Housing Development | 25 | | Authority shall act in a consulting role only for the | 26 | | evaluation of applicants, scoring of applicants, or |
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| 1 | | administration of the grant program. | 2 | | (c) There is created within the Department of Human | 3 | | Services an Office of Opioid Settlement Administration. The | 4 | | Office shall be responsible for implementing and administering | 5 | | approved abatement programs as described in Exhibit B of the | 6 | | Illinois Opioid Allocation Agreement, effective December 30, | 7 | | 2021. The Office may also implement and administer other | 8 | | opioid-related programs, including but not limited to | 9 | | prevention, treatment, and recovery services from other funds | 10 | | made available to the Department of Human Services. The | 11 | | Secretary of Human Services shall appoint or assign staff as | 12 | | necessary to carry out the duties and functions of the Office. | 13 | | (Source: P.A. 102-538, eff. 8-20-21; 102-699, eff. 4-19-22; | 14 | | 103-8, eff. 6-7-23.) | 15 | | (20 ILCS 301/5-20) | 16 | | Sec. 5-20. Gambling disorders. | 17 | | (a) Subject to appropriation, the Department shall | 18 | | establish a program for public education, research, and | 19 | | training regarding gambling disorders and the treatment and | 20 | | prevention of gambling disorders. Subject to specific | 21 | | appropriation for these stated purposes, the program must | 22 | | include all of the following: | 23 | | (1) Establishment and maintenance of a toll-free | 24 | | hotline and website "800" telephone number to provide | 25 | | crisis counseling and referral services for to families |
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| 1 | | experiencing difficulty related to a as a result of | 2 | | gambling disorder disorders . | 3 | | (2) Promotion of public awareness regarding the | 4 | | recognition and prevention of gambling disorders. | 5 | | Promotion of public awareness to create a gambling | 6 | | informed State regarding the impact of gambling disorders | 7 | | on individuals, families, and communities and the stigma | 8 | | that surrounds gambling disorders. | 9 | | (3) Facilitation, through in-service training , | 10 | | certification promotion, and other innovative means, of | 11 | | the availability of effective assistance programs for | 12 | | gambling disorders. | 13 | | (4) Conducting studies to , and through other | 14 | | innovative means, identify adults and juveniles in this | 15 | | State who have, or who are at risk of developing, gambling | 16 | | disorders. | 17 | | (5) Utilize screening, crisis intervention, treatment, | 18 | | public awareness, prevention, in-service training, and | 19 | | other innovative means, to decrease the incidents of | 20 | | suicide attempts related to a gambling disorder or | 21 | | gambling issues. | 22 | | (b) Subject to appropriation, the Department shall either | 23 | | establish and maintain the program or contract with a private | 24 | | or public entity for the establishment and maintenance of the | 25 | | program. Subject to appropriation, either the Department or | 26 | | the private or public entity shall implement the hotline and |
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| 1 | | website toll-free telephone number , promote public awareness, | 2 | | conduct research, fund treatment and recovery services, and | 3 | | conduct in-service training concerning gambling disorders. | 4 | | (c) The Department shall determine a statement regarding | 5 | | obtaining assistance with a gambling disorder which each | 6 | | licensed gambling establishment owner shall post and each | 7 | | master sports wagering licensee shall include on the master | 8 | | sports wagering licensee's portal, Internet website, or | 9 | | computer or mobile application. Subject to appropriation, the | 10 | | Department shall produce and supply the signs with the | 11 | | statement as specified in Section 10.7 of the Illinois Lottery | 12 | | Law, Section 34.1 of the Illinois Horse Racing Act of 1975, | 13 | | Section 4.3 of the Bingo License and Tax Act, Section 8.1 of | 14 | | the Charitable Games Act, Section 25.95 of the Sports Wagering | 15 | | Act, and Section 13.1 of the Illinois Gambling Act , and the | 16 | | Video Gaming Act . | 17 | | (d) Programs; gambling disorder prevention. | 18 | | (1) The Department may establish a program to provide | 19 | | for the production and publication, in electronic and | 20 | | other formats, of gambling prevention, recognition, | 21 | | treatment, and recovery literature and other public | 22 | | education methods. The Department may develop and | 23 | | disseminate curricula for use by professionals, | 24 | | organizations, individuals, or committees interested in | 25 | | the prevention of gambling disorders. | 26 | | (2) The Department may provide advice to State and |
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| 1 | | local officials on gambling disorders, including the | 2 | | prevalence of gambling disorders, programs treating or | 3 | | promoting prevention of gambling disorders, trends in | 4 | | gambling disorder prevalence, and the relationship between | 5 | | gaming and gambling disorders. | 6 | | (3) The Department may support gambling disorder | 7 | | prevention, recognition, treatment, and recovery projects | 8 | | by facilitating the acquisition of gambling prevention | 9 | | curriculums, providing trainings in gambling disorder | 10 | | prevention best practices, connecting programs to health | 11 | | care resources, establishing learning collaboratives | 12 | | between localities and programs, and assisting programs in | 13 | | navigating any regulatory requirements for establishing or | 14 | | expanding such programs. | 15 | | (4) In supporting best practices in gambling disorder | 16 | | prevention programming, the Department may promote the | 17 | | following programmatic elements: | 18 | | (A) Providing funding for community-based | 19 | | organizations to employ community health workers or | 20 | | peer recovery specialists who are familiar with the | 21 | | communities served and can provide culturally | 22 | | competent services. | 23 | | (B) Collaborating with other community-based | 24 | | organizations, substance use disorder treatment | 25 | | centers, or other health care providers engaged in | 26 | | treating individuals who are experiencing gambling |
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| 1 | | disorder. | 2 | | (C) Providing linkages for individuals to obtain | 3 | | evidence-based gambling disorder treatment. | 4 | | (D) Engaging individuals exiting jails or prisons | 5 | | who are at a high risk of developing a gambling | 6 | | disorder. | 7 | | (E) Providing education and training to | 8 | | community-based organizations who work directly with | 9 | | individuals who are experiencing gambling disorders | 10 | | and those individuals' families and communities. | 11 | | (F) Providing education and training on gambling | 12 | | disorder prevention and response to the judicial | 13 | | system. | 14 | | (G) Informing communities of the impact gambling | 15 | | disorder has on suicidal ideation and suicide attempts | 16 | | and the role health care professionals can have in | 17 | | identifying appropriate treatment. | 18 | | (H) Producing and distributing targeted mass media | 19 | | materials on gambling disorder prevention and | 20 | | response, and the potential dangers of gambling | 21 | | related stigma. | 22 | | (e) Grants. | 23 | | (1) The Department may award grants, in accordance | 24 | | with this subsection, to create or support local gambling | 25 | | prevention, recognition, and response projects. Local | 26 | | health departments, correctional institutions, hospitals, |
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| 1 | | universities, community-based organizations, and | 2 | | faith-based organizations may apply to the Department for | 3 | | a grant under this subsection at the time and in the manner | 4 | | the Department prescribes. | 5 | | (2) In awarding grants, the Department shall consider | 6 | | the necessity for gambling disorder prevention projects in | 7 | | various settings and shall encourage all grant applicants | 8 | | to develop interventions that will be effective and viable | 9 | | in their local areas. | 10 | | (3) In addition to moneys appropriated by the General | 11 | | Assembly, the Department may seek grants from private | 12 | | foundations, the federal government, and other sources to | 13 | | fund the grants under this Section and to fund an | 14 | | evaluation of the programs supported by the grants. | 15 | | (4) The Department may award grants to create or | 16 | | support local gambling treatment programs. Such programs | 17 | | may include prevention, early intervention, residential | 18 | | and outpatient treatment, and recovery support services | 19 | | for gambling disorders. Local health departments, | 20 | | hospitals, universities, community-based organizations, | 21 | | and faith-based organizations may apply to the Department | 22 | | for a grant under this subsection at the time and in the | 23 | | manner the Department prescribes. | 24 | | (Source: P.A. 100-759, eff. 1-1-19; 101-31, eff. 6-28-19.) | 25 | | (20 ILCS 301/10-10) |
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| 1 | | Sec. 10-10. Powers and duties of the Council. The Council | 2 | | shall: | 3 | | (a) Advise the Department on ways to encourage public | 4 | | understanding and support of the Department's programs. | 5 | | (b) Advise the Department on regulations and licensure | 6 | | proposed by the Department. | 7 | | (c) Advise the Department in the formulation, | 8 | | preparation, and implementation of the annual plan | 9 | | submitted with the federal Substance Use Disorder Block | 10 | | Grant application for prevention, early intervention, | 11 | | treatment, and other recovery support services for | 12 | | substance use disorders. | 13 | | (d) Advise the Department on implementation of | 14 | | substance use and gambling disorder education and | 15 | | prevention programs throughout the State. | 16 | | (e) Assist with incorporating into the annual plan | 17 | | submitted with the federal Substance Use Disorder Block | 18 | | Grant application, planning information specific to | 19 | | Illinois' female population. The information shall | 20 | | contain, but need not be limited to, the types of services | 21 | | funded, the population served, the support services | 22 | | available, and the goals, objectives, proposed methods of | 23 | | achievement, service projections and cost estimate for the | 24 | | upcoming year. | 25 | | (f) Perform other duties as requested by the | 26 | | Secretary. |
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| 1 | | (g) Advise the Department in the planning, | 2 | | development, and coordination of programs among all | 3 | | agencies and departments of State government, including | 4 | | programs to reduce substance use and gambling disorders, | 5 | | prevent the misuse of illegal and legal drugs by persons | 6 | | of all ages, prevent gambling and gambling behaviors while | 7 | | gaming by minors, and prevent the use of alcohol by | 8 | | minors. | 9 | | (h) Promote and encourage participation by the private | 10 | | sector, including business, industry, labor, and the | 11 | | media, in programs to prevent substance use and gambling | 12 | | disorders. | 13 | | (i) Encourage the implementation of programs to | 14 | | prevent substance use and gambling disorders in the public | 15 | | and private schools and educational institutions. | 16 | | (j) Gather information, conduct hearings, and make | 17 | | recommendations to the Secretary concerning additions, | 18 | | deletions, or rescheduling of substances under the | 19 | | Illinois Controlled Substances Act. | 20 | | (k) Report as requested to the General Assembly | 21 | | regarding the activities and recommendations made by the | 22 | | Council. | 23 | | (Source: P.A. 100-759, eff. 1-1-19 .) | 24 | | (20 ILCS 301/10-15) | 25 | | Sec. 10-15. Qualification and appointment of members. The |
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| 1 | | membership of the Illinois Advisory Council may, as needed, | 2 | | consist of: | 3 | | (a) A State's Attorney designated by the President of | 4 | | the Illinois State's Attorneys Association. | 5 | | (b) A judge designated by the Chief Justice of the | 6 | | Illinois Supreme Court. | 7 | | (c) A Public Defender appointed by the President of | 8 | | the Illinois Public Defender Association. | 9 | | (d) A local law enforcement officer appointed by the | 10 | | Governor. | 11 | | (e) A labor representative appointed by the Governor. | 12 | | (f) An educator appointed by the Governor. | 13 | | (g) A physician licensed to practice medicine in all | 14 | | its branches appointed by the Governor with due regard for | 15 | | the appointee's knowledge of the field of substance use | 16 | | disorders. | 17 | | (h) 4 members of the Illinois House of | 18 | | Representatives, 2 each appointed by the Speaker and | 19 | | Minority Leader. | 20 | | (i) 4 members of the Illinois Senate, 2 each appointed | 21 | | by the President and Minority Leader. | 22 | | (j) The Chief Executive Officer of the Illinois | 23 | | Association for Behavioral Health or his or her designee. | 24 | | (k) An advocate for the needs of youth appointed by | 25 | | the Governor. | 26 | | (l) The President of the Illinois State Medical |
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| 1 | | Society or his or her designee. | 2 | | (m) The President of the Illinois Hospital Association | 3 | | or his or her designee. | 4 | | (n) The President of the Illinois Nurses Association | 5 | | or a registered nurse designated by the President. | 6 | | (o) The President of the Illinois Pharmacists | 7 | | Association or a licensed pharmacist designated by the | 8 | | President. | 9 | | (p) The President of the Illinois Chapter of the | 10 | | Association of Labor-Management Administrators and | 11 | | Consultants on Alcoholism. | 12 | | (p-1) The Chief Executive Officer of the Community | 13 | | Behavioral Healthcare Association of Illinois or his or | 14 | | her designee. | 15 | | (q) The Attorney General or his or her designee. | 16 | | (r) The State Comptroller or his or her designee. | 17 | | (s) 20 public members, 8 appointed by the Governor, 3 | 18 | | of whom shall be representatives of substance use or | 19 | | gambling disorder treatment programs and one of whom shall | 20 | | be a representative of a manufacturer or importing | 21 | | distributor of alcoholic liquor licensed by the State of | 22 | | Illinois, and 3 public members appointed by each of the | 23 | | President and Minority Leader of the Senate and the | 24 | | Speaker and Minority Leader of the House. | 25 | | (t) The Director, Secretary, or other chief | 26 | | administrative officer, ex officio, or his or her |
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| 1 | | designee, of each of the following: the Department on | 2 | | Aging, the Department of Children and Family Services, the | 3 | | Department of Corrections, the Department of Juvenile | 4 | | Justice, the Department of Healthcare and Family Services, | 5 | | the Department of Revenue, the Department of Public | 6 | | Health, the Department of Financial and Professional | 7 | | Regulation, the Illinois State Police, the Administrative | 8 | | Office of the Illinois Courts, the Criminal Justice | 9 | | Information Authority, and the Department of | 10 | | Transportation. | 11 | | (u) Each of the following, ex officio, or his or her | 12 | | designee: the Secretary of State, the State Superintendent | 13 | | of Education, and the Chairman of the Board of Higher | 14 | | Education. | 15 | | The public members may not be officers or employees of the | 16 | | executive branch of State government; however, the public | 17 | | members may be officers or employees of a State college or | 18 | | university or of any law enforcement agency. In appointing | 19 | | members, due consideration shall be given to the experience of | 20 | | appointees in the fields of medicine, law, prevention, | 21 | | correctional activities, and social welfare. Vacancies in the | 22 | | public membership shall be filled for the unexpired term by | 23 | | appointment in like manner as for original appointments, and | 24 | | the appointive members shall serve until their successors are | 25 | | appointed and have qualified. Vacancies among the public | 26 | | members appointed by the legislative leaders shall be filled |
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| 1 | | by the leader of the same house and of the same political party | 2 | | as the leader who originally appointed the member. | 3 | | Each non-appointive member may designate a representative | 4 | | to serve in his place by written notice to the Department. All | 5 | | General Assembly members shall serve until their respective | 6 | | successors are appointed or until termination of their | 7 | | legislative service, whichever occurs first. The terms of | 8 | | office for each of the members appointed by the Governor shall | 9 | | be for 3 years, except that of the members first appointed, 3 | 10 | | shall be appointed for a term of one year, and 4 shall be | 11 | | appointed for a term of 2 years. The terms of office of each of | 12 | | the public members appointed by the legislative leaders shall | 13 | | be for 2 years. | 14 | | (Source: P.A. 102-538, eff. 8-20-21.) | 15 | | (20 ILCS 301/15-5) | 16 | | Sec. 15-5. Applicability. | 17 | | (a) It is unlawful for any person to provide treatment for | 18 | | substance use or gambling disorders or to provide services as | 19 | | specified in subsections (a) and (b) of Section 15-10 of this | 20 | | Act unless the person is licensed to do so by the Department. | 21 | | The performance of these activities by any person in violation | 22 | | of this Act is declared to be inimical to the public health and | 23 | | welfare, and to be a public nuisance. The Department may | 24 | | undertake such inspections and investigations as it deems | 25 | | appropriate to determine whether licensable activities are |
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| 1 | | being conducted without the requisite license. | 2 | | (b) Nothing in this Act shall be construed to require any | 3 | | hospital, as defined by the Hospital Licensing Act, required | 4 | | to have a license from the Department of Public Health | 5 | | pursuant to the Hospital Licensing Act to obtain any license | 6 | | under this Act for any substance use disorder treatment | 7 | | services operated on the licensed premises of the hospital, | 8 | | and operated by the hospital or its designated agent, provided | 9 | | that such services are covered within the scope of the | 10 | | Hospital Licensing Act. No person or facility required to be | 11 | | licensed under this Act shall be required to obtain a license | 12 | | pursuant to the Hospital Licensing Act or the Child Care Act of | 13 | | 1969. | 14 | | (c) Nothing in this Act shall be construed to require an | 15 | | individual employee of a licensed program to be licensed under | 16 | | this Act. | 17 | | (d) Nothing in this Act shall be construed to require any | 18 | | private professional practice, whether by an individual | 19 | | practitioner, by a partnership, or by a duly incorporated | 20 | | professional service corporation, that provides outpatient | 21 | | treatment for substance use disorders to be licensed under | 22 | | this Act, provided that the treatment is rendered personally | 23 | | by the professional in his own name and the professional is | 24 | | authorized by individual professional licensure or | 25 | | registration from the Department of Financial and Professional | 26 | | Regulation to provide substance use disorder treatment |
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| 1 | | unsupervised. This exemption shall not apply to such private | 2 | | professional practice that provides or holds itself out, as | 3 | | defined in Section 1-10, as providing substance use disorder | 4 | | outpatient treatment. This exemption shall also not apply to | 5 | | licensable intervention services, research, or residential | 6 | | treatment services as defined in this Act or by rule. | 7 | | Notwithstanding any other provisions of this subsection to | 8 | | the contrary, persons licensed to practice medicine in all of | 9 | | its branches in Illinois shall not require licensure under | 10 | | this Act unless their private professional practice provides | 11 | | and holds itself out, as defined in Section 1-10, as providing | 12 | | substance use disorder outpatient treatment. | 13 | | (e) Nothing in this Act shall be construed to require any | 14 | | employee assistance program operated by an employer or any | 15 | | intervenor program operated by a professional association to | 16 | | obtain any license pursuant to this Act to perform services | 17 | | that do not constitute licensable treatment or intervention as | 18 | | defined in this Act. | 19 | | (f) Before any violation of this Act is reported by the | 20 | | Department or any of its agents to any State's Attorney for the | 21 | | institution of a criminal proceeding, the person against whom | 22 | | such proceeding is contemplated shall be given appropriate | 23 | | notice and an opportunity to present his views before the | 24 | | Department or its designated agent, either orally or in | 25 | | writing, in person or by an attorney, with regard to such | 26 | | contemplated proceeding. Nothing in this Act shall be |
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| 1 | | construed as requiring the Department to report minor | 2 | | violations of this Act whenever the Department believes that | 3 | | the public interest would be adequately served by a suitable | 4 | | written notice or warning. | 5 | | (Source: P.A. 100-759, eff. 1-1-19 .) | 6 | | (20 ILCS 301/15-10) | 7 | | Sec. 15-10. Licensure categories and services. No person | 8 | | or program may provide the services or conduct the activities | 9 | | described in this Section without first obtaining a license | 10 | | therefor from the Department, unless otherwise exempted under | 11 | | this Act. The Department shall, by rule, provide requirements | 12 | | for each of the following types of licenses and categories of | 13 | | service: | 14 | | (a) Treatment: Categories of treatment service for a | 15 | | substance use or gambling disorder authorized by a | 16 | | treatment license are Early Intervention, Outpatient, | 17 | | Intensive Outpatient/Partial Hospitalization, Subacute | 18 | | Residential/Inpatient, and Withdrawal Management. | 19 | | Medication assisted treatment that includes methadone used | 20 | | for an opioid use disorder can be licensed as an adjunct to | 21 | | any of the treatment levels of care specified in this | 22 | | Section. | 23 | | (b) Intervention: Categories of intervention service | 24 | | authorized by an intervention license are DUI Evaluation, | 25 | | DUI Risk Education, Designated Program, and Recovery Homes |
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| 1 | | for persons in any stage of recovery from a substance use | 2 | | or gambling disorder. Harm Reduction Services is another | 3 | | category of intervention licensure that may be issued if | 4 | | and when legal authorization is adopted to allow for | 5 | | services and upon adoption of administrative or funding | 6 | | rules that govern the delivery of these services. | 7 | | The Department may, under procedures established by rule | 8 | | and upon a showing of good cause for such, exempt off-site | 9 | | services from having to obtain a separate license for services | 10 | | conducted away from the provider's licensed location. | 11 | | (Source: P.A. 100-759, eff. 1-1-19 .) | 12 | | (20 ILCS 301/20-5) | 13 | | Sec. 20-5. Development of statewide prevention system. | 14 | | (a) The Department shall develop and implement a | 15 | | comprehensive, statewide, community-based strategy to reduce | 16 | | substance use and gambling disorders and prevent the misuse of | 17 | | illegal and legal drugs by persons of all ages, and to prevent | 18 | | the use of alcohol by minors. The system created to implement | 19 | | this strategy shall be based on the premise that coordination | 20 | | among and integration between all community and governmental | 21 | | systems will facilitate effective and efficient program | 22 | | implementation and utilization of existing resources. | 23 | | (b) The statewide system developed under this Section may | 24 | | be adopted by administrative rule or funded as a grant award | 25 | | condition and shall be responsible for: |
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| 1 | | (1) Providing programs and technical assistance to | 2 | | improve the ability of Illinois communities and schools to | 3 | | develop, implement and evaluate prevention programs. | 4 | | (2) Initiating and fostering continuing cooperation | 5 | | among the Department, Department-funded prevention | 6 | | programs, other community-based prevention providers and | 7 | | other State, regional, or local systems or agencies that | 8 | | have an interest in substance use disorder prevention. | 9 | | (c) In developing, implementing, and advocating for this | 10 | | statewide strategy and system, the Department may engage in, | 11 | | but shall not be limited to, the following activities: | 12 | | (1) Establishing and conducting programs to provide | 13 | | awareness and knowledge of the nature and extent of | 14 | | substance use and gambling disorders and their effect on | 15 | | individuals, families, and communities. | 16 | | (2) Conducting or providing prevention skill building | 17 | | or education through the use of structured experiences. | 18 | | (3) Developing, supporting, and advocating with new | 19 | | and existing local community coalitions or | 20 | | neighborhood-based grassroots networks using action | 21 | | planning and collaborative systems to initiate change | 22 | | regarding substance use and gambling disorders in their | 23 | | communities. | 24 | | (4) Encouraging, supporting, and advocating for | 25 | | programs and activities that emphasize alcohol-free and | 26 | | other drug-free lifestyles. |
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| 1 | | (5) Drafting and implementing efficient plans for the | 2 | | use of available resources to address issues of substance | 3 | | use disorder prevention. | 4 | | (6) Coordinating local programs of alcoholism and | 5 | | other drug abuse education and prevention. | 6 | | (7) Encouraging the development of local advisory | 7 | | councils. | 8 | | (d) In providing leadership to this system, the Department | 9 | | shall take into account, wherever possible, the needs and | 10 | | requirements of local communities. The Department shall also | 11 | | involve, wherever possible, local communities in its statewide | 12 | | planning efforts. These planning efforts shall include, but | 13 | | shall not be limited to, in cooperation with local community | 14 | | representatives and Department-funded agencies, the analysis | 15 | | and application of results of local needs assessments, as well | 16 | | as a process for the integration of an evaluation component | 17 | | into the system. The results of this collaborative planning | 18 | | effort shall be taken into account by the Department in making | 19 | | decisions regarding the allocation of prevention resources. | 20 | | (e) Prevention programs funded in whole or in part by the | 21 | | Department shall maintain staff whose skills, training, | 22 | | experiences and cultural awareness demonstrably match the | 23 | | needs of the people they are serving. | 24 | | (f) The Department may delegate the functions and | 25 | | activities described in subsection (c) of this Section to | 26 | | local, community-based providers. |
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| 1 | | (Source: P.A. 100-759, eff. 1-1-19 .) | 2 | | (20 ILCS 301/25-5) | 3 | | Sec. 25-5. Establishment of comprehensive treatment | 4 | | system. The Department shall develop, fund and implement a | 5 | | comprehensive, statewide, community-based system for the | 6 | | provision of early intervention, treatment, and recovery | 7 | | support services for persons suffering from substance use or | 8 | | gambling disorders. The system created under this Section | 9 | | shall be based on the premise that coordination among and | 10 | | integration between all community and governmental systems | 11 | | will facilitate effective and efficient program implementation | 12 | | and utilization of existing resources. | 13 | | (Source: P.A. 100-759, eff. 1-1-19 .) | 14 | | (20 ILCS 301/25-10) | 15 | | Sec. 25-10. Promulgation of regulations. The Department | 16 | | shall adopt regulations for licensure, certification for | 17 | | Medicaid reimbursement, and to identify evidence-based best | 18 | | practice criteria that can be utilized for intervention and | 19 | | treatment services, taking into consideration available | 20 | | resources and facilities, for the purpose of early and | 21 | | effective treatment of substance use and gambling disorders. | 22 | | (Source: P.A. 100-759, eff. 1-1-19 .) | 23 | | (20 ILCS 301/30-5) |
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| 1 | | Sec. 30-5. Patients' rights established. | 2 | | (a) For purposes of this Section, "patient" means any | 3 | | person who is receiving or has received early intervention, | 4 | | treatment, or other recovery support services under this Act | 5 | | or any category of service licensed as "intervention" under | 6 | | this Act. | 7 | | (b) No patient shall be deprived of any rights, benefits, | 8 | | or privileges guaranteed by law, the Constitution of the | 9 | | United States of America, or the Constitution of the State of | 10 | | Illinois solely because of his or her status as a patient. | 11 | | (c) Persons who have substance use or gambling disorders | 12 | | who are also suffering from medical conditions shall not be | 13 | | discriminated against in admission or treatment by any | 14 | | hospital that receives support in any form supported in whole | 15 | | or in part by funds appropriated to any State department or | 16 | | agency. | 17 | | (d) Every patient shall have impartial access to services | 18 | | without regard to race, religion, sex, ethnicity, age, sexual | 19 | | orientation, gender identity, marital status, or other | 20 | | disability. | 21 | | (e) Patients shall be permitted the free exercise of | 22 | | religion. | 23 | | (f) Every patient's personal dignity shall be recognized | 24 | | in the provision of services, and a patient's personal privacy | 25 | | shall be assured and protected within the constraints of his | 26 | | or her individual treatment. |
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| 1 | | (g) Treatment services shall be provided in the least | 2 | | restrictive environment possible. | 3 | | (h) Each patient receiving treatment services shall be | 4 | | provided an individual treatment plan, which shall be | 5 | | periodically reviewed and updated as mandated by | 6 | | administrative rule. | 7 | | (i) Treatment shall be person-centered, meaning that every | 8 | | patient shall be permitted to participate in the planning of | 9 | | his or her total care and medical treatment to the extent that | 10 | | his or her condition permits. | 11 | | (j) A person shall not be denied treatment solely because | 12 | | he or she has withdrawn from treatment against medical advice | 13 | | on a prior occasion or had prior treatment episodes. | 14 | | (k) The patient in residential treatment shall be | 15 | | permitted visits by family and significant others, unless such | 16 | | visits are clinically contraindicated. | 17 | | (l) A patient in residential treatment shall be allowed to | 18 | | conduct private telephone conversations with family and | 19 | | friends unless clinically contraindicated. | 20 | | (m) A patient in residential treatment shall be permitted | 21 | | to send and receive mail without hindrance, unless clinically | 22 | | contraindicated. | 23 | | (n) A patient shall be permitted to manage his or her own | 24 | | financial affairs unless the patient or the patient's | 25 | | guardian, or if the patient is a minor, the patient's parent, | 26 | | authorizes another competent person to do so. |
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| 1 | | (o) A patient shall be permitted to request the opinion of | 2 | | a consultant at his or her own expense, or to request an | 3 | | in-house review of a treatment plan, as provided in the | 4 | | specific procedures of the provider. A treatment provider is | 5 | | not liable for the negligence of any consultant. | 6 | | (p) Unless otherwise prohibited by State or federal law, | 7 | | every patient shall be permitted to obtain from his or her own | 8 | | physician, the treatment provider, or the treatment provider's | 9 | | consulting physician complete and current information | 10 | | concerning the nature of care, procedures, and treatment that | 11 | | he or she will receive. | 12 | | (q) A patient shall be permitted to refuse to participate | 13 | | in any experimental research or medical procedure without | 14 | | compromising his or her access to other, non-experimental | 15 | | services. Before a patient is placed in an experimental | 16 | | research or medical procedure, the provider must first obtain | 17 | | his or her informed written consent or otherwise comply with | 18 | | the federal requirements regarding the protection of human | 19 | | subjects contained in 45 CFR Part 46. | 20 | | (r) All medical treatment and procedures shall be | 21 | | administered as ordered by a physician and in accordance with | 22 | | all Department rules. | 23 | | (s) Every patient in treatment shall be permitted to | 24 | | refuse medical treatment and to know the consequences of such | 25 | | action. Such refusal by a patient shall free the treatment | 26 | | licensee from the obligation to provide the treatment. |
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| 1 | | (t) Unless otherwise prohibited by State or federal law, | 2 | | every patient, patient's guardian, or parent, if the patient | 3 | | is a minor, shall be permitted to inspect and copy all clinical | 4 | | and other records kept by the intervention or treatment | 5 | | licensee or by his or her physician concerning his or her care | 6 | | and maintenance. The licensee or physician may charge a | 7 | | reasonable fee for the duplication of a record. | 8 | | (u) No owner, licensee, administrator, employee, or agent | 9 | | of a licensed intervention or treatment program shall abuse or | 10 | | neglect a patient. It is the duty of any individual who becomes | 11 | | aware of such abuse or neglect to report it to the Department | 12 | | immediately. | 13 | | (v) The licensee may refuse access to any person if the | 14 | | actions of that person are or could be injurious to the health | 15 | | and safety of a patient or the licensee, or if the person seeks | 16 | | access for commercial purposes. | 17 | | (w) All patients admitted to community-based treatment | 18 | | facilities shall be considered voluntary treatment patients | 19 | | and such patients shall not be contained within a locked | 20 | | setting. | 21 | | (x) Patients and their families or legal guardians shall | 22 | | have the right to present complaints to the provider or the | 23 | | Department concerning the quality of care provided to the | 24 | | patient, without threat of discharge or reprisal in any form | 25 | | or manner whatsoever. The complaint process and procedure | 26 | | shall be adopted by the Department by rule. The treatment |
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| 1 | | provider shall have in place a mechanism for receiving and | 2 | | responding to such complaints, and shall inform the patient | 3 | | and the patient's family or legal guardian of this mechanism | 4 | | and how to use it. The provider shall analyze any complaint | 5 | | received and, when indicated, take appropriate corrective | 6 | | action. Every patient and his or her family member or legal | 7 | | guardian who makes a complaint shall receive a timely response | 8 | | from the provider that substantively addresses the complaint. | 9 | | The provider shall inform the patient and the patient's family | 10 | | or legal guardian about other sources of assistance if the | 11 | | provider has not resolved the complaint to the satisfaction of | 12 | | the patient or the patient's family or legal guardian. | 13 | | (y) A patient may refuse to perform labor at a program | 14 | | unless such labor is a part of the patient's individual | 15 | | treatment plan as documented in the patient's clinical record. | 16 | | (z) A person who is in need of services may apply for | 17 | | voluntary admission in the manner and with the rights provided | 18 | | for under regulations promulgated by the Department. If a | 19 | | person is refused admission, then staff, subject to rules | 20 | | promulgated by the Department, shall refer the person to | 21 | | another facility or to other appropriate services. | 22 | | (aa) No patient shall be denied services based solely on | 23 | | HIV status. Further, records and information governed by the | 24 | | AIDS Confidentiality Act and the AIDS Confidentiality and | 25 | | Testing Code (77 Ill. Adm. Code 697) shall be maintained in | 26 | | accordance therewith. |
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| 1 | | (bb) Records of the identity, diagnosis, prognosis or | 2 | | treatment of any patient maintained in connection with the | 3 | | performance of any service or activity relating to substance | 4 | | use or gambling disorder education, early intervention, | 5 | | intervention, training, or treatment that is regulated, | 6 | | authorized, or directly or indirectly assisted by any | 7 | | Department or agency of this State or under any provision of | 8 | | this Act shall be confidential and may be disclosed only in | 9 | | accordance with the provisions of federal law and regulations | 10 | | concerning the confidentiality of substance use disorder | 11 | | patient records as contained in 42 U.S.C. Sections 290dd-2 and | 12 | | 42 CFR Part 2, or any successor federal statute or regulation. | 13 | | (1) The following are exempt from the confidentiality | 14 | | protections set forth in 42 CFR Section 2.12(c): | 15 | | (A) Veteran's Administration records. | 16 | | (B) Information obtained by the Armed Forces. | 17 | | (C) Information given to qualified service | 18 | | organizations. | 19 | | (D) Communications within a program or between a | 20 | | program and an entity having direct administrative | 21 | | control over that program. | 22 | | (E) Information given to law enforcement personnel | 23 | | investigating a patient's commission of a crime on the | 24 | | program premises or against program personnel. | 25 | | (F) Reports under State law of incidents of | 26 | | suspected child abuse and neglect; however, |
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| 1 | | confidentiality restrictions continue to apply to the | 2 | | records and any follow-up information for disclosure | 3 | | and use in civil or criminal proceedings arising from | 4 | | the report of suspected abuse or neglect. | 5 | | (2) If the information is not exempt, a disclosure can | 6 | | be made only under the following circumstances: | 7 | | (A) With patient consent as set forth in 42 CFR | 8 | | Sections 2.1(b)(1) and 2.31, and as consistent with | 9 | | pertinent State law. | 10 | | (B) For medical emergencies as set forth in 42 CFR | 11 | | Sections 2.1(b)(2) and 2.51. | 12 | | (C) For research activities as set forth in 42 CFR | 13 | | Sections 2.1(b)(2) and 2.52. | 14 | | (D) For audit evaluation activities as set forth | 15 | | in 42 CFR Section 2.53. | 16 | | (E) With a court order as set forth in 42 CFR | 17 | | Sections 2.61 through 2.67. | 18 | | (3) The restrictions on disclosure and use of patient | 19 | | information apply whether the holder of the information | 20 | | already has it, has other means of obtaining it, is a law | 21 | | enforcement or other official, has obtained a subpoena, or | 22 | | asserts any other justification for a disclosure or use | 23 | | that is not permitted by 42 CFR Part 2. Any court orders | 24 | | authorizing disclosure of patient records under this Act | 25 | | must comply with the procedures and criteria set forth in | 26 | | 42 CFR Sections 2.64 and 2.65. Except as authorized by a |
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| 1 | | court order granted under this Section, no record referred | 2 | | to in this Section may be used to initiate or substantiate | 3 | | any charges against a patient or to conduct any | 4 | | investigation of a patient. | 5 | | (4) The prohibitions of this subsection shall apply to | 6 | | records concerning any person who has been a patient, | 7 | | regardless of whether or when the person ceases to be a | 8 | | patient. | 9 | | (5) Any person who discloses the content of any record | 10 | | referred to in this Section except as authorized shall, | 11 | | upon conviction, be guilty of a Class A misdemeanor. | 12 | | (6) The Department shall prescribe regulations to | 13 | | carry out the purposes of this subsection. These | 14 | | regulations may contain such definitions, and may provide | 15 | | for such safeguards and procedures, including procedures | 16 | | and criteria for the issuance and scope of court orders, | 17 | | as in the judgment of the Department are necessary or | 18 | | proper to effectuate the purposes of this Section, to | 19 | | prevent circumvention or evasion thereof, or to facilitate | 20 | | compliance therewith. | 21 | | (cc) Each patient shall be given a written explanation of | 22 | | all the rights enumerated in this Section and a copy, signed by | 23 | | the patient, shall be kept in every patient record. If a | 24 | | patient is unable to read such written explanation, it shall | 25 | | be read to the patient in a language that the patient | 26 | | understands. A copy of all the rights enumerated in this |
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| 1 | | Section shall be posted in a conspicuous place within the | 2 | | program where it may readily be seen and read by program | 3 | | patients and visitors. | 4 | | (dd) The program shall ensure that its staff is familiar | 5 | | with and observes the rights and responsibilities enumerated | 6 | | in this Section. | 7 | | (ee) Licensed organizations shall comply with the right of | 8 | | any adolescent to consent to treatment without approval of the | 9 | | parent or legal guardian in accordance with the Consent by | 10 | | Minors to Health Care Services Act. | 11 | | (ff) At the point of admission for services, licensed | 12 | | organizations must obtain written informed consent, as defined | 13 | | in Section 1-10 and in administrative rule, from each client, | 14 | | patient, or legal guardian. | 15 | | (Source: P.A. 102-813, eff. 5-13-22.) | 16 | | (20 ILCS 301/35-5) | 17 | | Sec. 35-5. Services for pregnant women and mothers. | 18 | | (a) In order to promote a comprehensive, statewide and | 19 | | multidisciplinary approach to serving pregnant women and | 20 | | mothers, including those who are minors, and their children | 21 | | who are affected by substance use or gambling disorders, the | 22 | | Department shall have responsibility for an ongoing exchange | 23 | | of referral information among the following: | 24 | | (1) those who provide medical and social services to | 25 | | pregnant women, mothers and their children, whether or not |
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| 1 | | there exists evidence of a substance use or gambling | 2 | | disorder. These include any other State-funded medical or | 3 | | social services to pregnant women. | 4 | | (2) providers of treatment services to women affected | 5 | | by substance use or gambling disorders. | 6 | | (b) (Blank). | 7 | | (c) (Blank). | 8 | | (d) (Blank). | 9 | | (e) (Blank). | 10 | | (f) The Department shall develop and maintain an updated | 11 | | and comprehensive directory of licensed providers that deliver | 12 | | treatment and intervention services. The Department shall post | 13 | | on its website a licensed provider directory updated at least | 14 | | quarterly. | 15 | | (g) As a condition of any State grant or contract, the | 16 | | Department shall require that any treatment program for women | 17 | | with substance use or gambling disorders provide services, | 18 | | either by its own staff or by agreement with other agencies or | 19 | | individuals, which include but need not be limited to the | 20 | | following: | 21 | | (1) coordination with any program providing case | 22 | | management services to ensure ongoing monitoring and | 23 | | coordination of services after the addicted woman has | 24 | | returned home. | 25 | | (2) coordination with medical services for individual | 26 | | medical care of pregnant women, including prenatal care |
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| 1 | | under the supervision of a physician. | 2 | | (3) coordination with child care services. | 3 | | (h) As a condition of any State grant or contract, the | 4 | | Department shall require that any nonresidential program | 5 | | receiving any funding for treatment services accept women who | 6 | | are pregnant, provided that such services are clinically | 7 | | appropriate. Failure to comply with this subsection shall | 8 | | result in termination of the grant or contract and loss of | 9 | | State funding. | 10 | | (i)(1) From funds appropriated expressly for the purposes | 11 | | of this Section, the Department shall create or contract with | 12 | | licensed, certified agencies to develop a program for the care | 13 | | and treatment of pregnant women, mothers and their children. | 14 | | The program shall be in Cook County in an area of high density | 15 | | population having a disproportionate number of women with | 16 | | substance use and other disorders and a high infant mortality | 17 | | rate. | 18 | | (2) From funds appropriated expressly for the purposes of | 19 | | this Section, the Department shall create or contract with | 20 | | licensed, certified agencies to develop a program for the care | 21 | | and treatment of low income pregnant women. The program shall | 22 | | be located anywhere in the State outside of Cook County in an | 23 | | area of high density population having a disproportionate | 24 | | number of low income pregnant women. | 25 | | (3) In implementing the programs established under this | 26 | | subsection, the Department shall contract with existing |
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| 1 | | residential treatment or recovery homes in areas having a | 2 | | disproportionate number of women with substance use and other | 3 | | disorders who need residential treatment. Priority shall be | 4 | | given to women who: | 5 | | (A) are pregnant, especially if they are intravenous | 6 | | drug users, | 7 | | (B) have minor children, | 8 | | (C) are both pregnant and have minor children, or | 9 | | (D) are referred by medical personnel because they | 10 | | either have given birth to a baby with a substance use | 11 | | disorder, or will give birth to a baby with a substance use | 12 | | disorder. | 13 | | (4) The services provided by the programs shall include | 14 | | but not be limited to: | 15 | | (A) individual medical care, including prenatal care, | 16 | | under the supervision of a physician. | 17 | | (B) temporary, residential shelter for pregnant women, | 18 | | mothers and children when necessary. | 19 | | (C) a range of educational or counseling services. | 20 | | (D) comprehensive and coordinated social services, | 21 | | including therapy groups for the treatment of substance | 22 | | use disorders; family therapy groups; programs to develop | 23 | | positive self-awareness; parent-child therapy; and | 24 | | residential support groups. | 25 | | (5) (Blank). | 26 | | (Source: P.A. 100-759, eff. 1-1-19 .) |
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| 1 | | (20 ILCS 301/35-10) | 2 | | Sec. 35-10. Adolescent Family Life Program. | 3 | | (a) The General Assembly finds and declares the following: | 4 | | (1) In Illinois, a substantial number of babies are | 5 | | born each year to adolescent mothers between 12 and 19 | 6 | | years of age. | 7 | | (2) A substantial percentage of pregnant adolescents | 8 | | have substance use disorders or live in environments in | 9 | | which substance use disorders occur and thus are at risk | 10 | | of exposing their infants to dangerous and harmful | 11 | | circumstances. | 12 | | (3) It is difficult to provide substance use disorder | 13 | | counseling for adolescents in settings designed to serve | 14 | | adults. | 15 | | (b) To address the findings set forth in subsection (a), | 16 | | and subject to appropriation, the Department may establish and | 17 | | fund treatment strategies to meet the developmental, social, | 18 | | and educational needs of high-risk pregnant adolescents and | 19 | | shall do the following: | 20 | | (1) To the maximum extent feasible and appropriate, | 21 | | utilize existing services and funding rather than create | 22 | | new, duplicative services. | 23 | | (2) Include plans for coordination and collaboration | 24 | | with existing perinatal substance use disorder services. | 25 | | (3) Include goals and objectives for reducing the |
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| 1 | | incidence of high-risk pregnant adolescents. | 2 | | (4) Be culturally and linguistically appropriate to | 3 | | the population being served. | 4 | | (5) Include staff development training by substance | 5 | | use and other disorder counselors. | 6 | | As used in this Section, "high-risk pregnant adolescent" | 7 | | means a person at least 12 but not more than 18 years of age | 8 | | with a substance use or other disorder who is pregnant. | 9 | | (c) (Blank). | 10 | | (Source: P.A. 100-759, eff. 1-1-19 .) | 11 | | (20 ILCS 301/50-40) | 12 | | Sec. 50-40. Group Home Loan Revolving Fund. | 13 | | (a) There is hereby established the Group Home Loan | 14 | | Revolving Fund, referred to in this Section as the "fund", to | 15 | | be held as a separate fund within the State Treasury. Monies in | 16 | | this fund shall be appropriated to the Department on a | 17 | | continuing annual basis. With these funds, the Department | 18 | | shall, directly or through subcontract, make loans to assist | 19 | | in underwriting the costs of housing in which there may reside | 20 | | individuals who are recovering from substance use or gambling | 21 | | disorders, and who are seeking an alcohol-free , gambling-free, | 22 | | or drug-free environment in which to live. Consistent with | 23 | | federal law and regulation, the Department may establish | 24 | | guidelines for approving the use and management of monies | 25 | | loaned from the fund, the operation of group homes receiving |
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| 1 | | loans under this Section and the repayment of monies loaned. | 2 | | (b) There shall be deposited into the fund such amounts | 3 | | including, but not limited to: | 4 | | (1) All receipts, including principal and interest | 5 | | payments and royalties, from any applicable loan agreement | 6 | | made from the fund. | 7 | | (2) All proceeds of assets of whatever nature received | 8 | | by the Department as a result of default or delinquency | 9 | | with respect to loan agreements made from the fund, | 10 | | including proceeds from the sale, disposal, lease or | 11 | | rental of real or personal property that the Department | 12 | | may receive as a result thereof. | 13 | | (3) Any direct appropriations made by the General | 14 | | Assembly, or any gifts or grants made by any person to the | 15 | | fund. | 16 | | (4) Any income received from interest on investments | 17 | | of monies in the fund. | 18 | | (c) The Treasurer may invest monies in the fund in | 19 | | securities constituting obligations of the United States | 20 | | government, or in obligations the principal of and interest on | 21 | | which are guaranteed by the United States government, or in | 22 | | certificates of deposit of any State or national bank which | 23 | | are fully secured by obligations guaranteed as to principal | 24 | | and interest by the United States government. | 25 | | (Source: P.A. 100-759, eff. 1-1-19 .) |
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| 1 | | (20 ILCS 301/55-30) | 2 | | Sec. 55-30. Rate increase. | 3 | | (a) The Department shall by rule develop the increased | 4 | | rate methodology and annualize the increased rate beginning | 5 | | with State fiscal year 2018 contracts to licensed providers of | 6 | | community-based substance use and gambling disorders disorder | 7 | | intervention or treatment, based on the additional amounts | 8 | | appropriated for the purpose of providing a rate increase to | 9 | | licensed providers. The Department shall adopt rules, | 10 | | including emergency rules under subsection (y) of Section 5-45 | 11 | | of the Illinois Administrative Procedure Act, to implement the | 12 | | provisions of this Section. | 13 | | (b) (Blank). | 14 | | (c) Beginning on July 1, 2022, the Division of Substance | 15 | | Use Prevention and Recovery shall increase reimbursement rates | 16 | | for all community-based substance use disorder treatment and | 17 | | intervention services by 47%, including, but not limited to, | 18 | | all of the following: | 19 | | (1) Admission and Discharge Assessment. | 20 | | (2) Level 1 (Individual). | 21 | | (3) Level 1 (Group). | 22 | | (4) Level 2 (Individual). | 23 | | (5) Level 2 (Group). | 24 | | (6) Case Management. | 25 | | (7) Psychiatric Evaluation. | 26 | | (8) Medication Assisted Recovery. |
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| 1 | | (9) Community Intervention. | 2 | | (10) Early Intervention (Individual). | 3 | | (11) Early Intervention (Group). | 4 | | Beginning in State Fiscal Year 2023, and every State | 5 | | fiscal year thereafter, reimbursement rates for those | 6 | | community-based substance use disorder treatment and | 7 | | intervention services shall be adjusted upward by an amount | 8 | | equal to the Consumer Price Index-U from the previous year, | 9 | | not to exceed 2% in any State fiscal year. If there is a | 10 | | decrease in the Consumer Price Index-U, rates shall remain | 11 | | unchanged for that State fiscal year. The Department shall | 12 | | adopt rules, including emergency rules in accordance with the | 13 | | Illinois Administrative Procedure Act, to implement the | 14 | | provisions of this Section. | 15 | | As used in this subsection, "consumer price index-u" means | 16 | | the index published by the Bureau of Labor Statistics of the | 17 | | United States Department of Labor that measures the average | 18 | | change in prices of goods and services purchased by all urban | 19 | | consumers, United States city average, all items, 1982-84 = | 20 | | 100. | 21 | | (d) Beginning on January 1, 2024, subject to federal | 22 | | approval, the Division of Substance Use Prevention and | 23 | | Recovery shall increase reimbursement rates for all ASAM level | 24 | | 3 residential/inpatient substance use disorder treatment and | 25 | | intervention services by 30%, including, but not limited to, | 26 | | the following services: |
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| 1 | | (1) ASAM level 3.5 Clinically Managed High-Intensity | 2 | | Residential Services for adults; | 3 | | (2) ASAM level 3.5 Clinically Managed Medium-Intensity | 4 | | Residential Services for adolescents; | 5 | | (3) ASAM level 3.2 Clinically Managed Residential | 6 | | Withdrawal Management; | 7 | | (4) ASAM level 3.7 Medically Monitored Intensive | 8 | | Inpatient Services for adults and Medically Monitored | 9 | | High-Intensity Inpatient Services for adolescents; and | 10 | | (5) ASAM level 3.1 Clinically Managed Low-Intensity | 11 | | Residential Services for adults and adolescents. | 12 | | (Source: P.A. 102-699, eff. 4-19-22; 103-102, eff. 6-16-23.) | 13 | | (20 ILCS 301/55-40) | 14 | | Sec. 55-40. Recovery residences. | 15 | | (a) As used in this Section, "recovery residence" means a | 16 | | sober, safe, and healthy living environment that promotes | 17 | | recovery from alcohol and other drug use and associated | 18 | | problems. These residences are not subject to Department | 19 | | licensure as they are viewed as independent living residences | 20 | | that only provide peer support and a lengthened exposure to | 21 | | the culture of recovery. | 22 | | (b) The Department shall develop and maintain an online | 23 | | registry for recovery residences that operate in Illinois to | 24 | | serve as a resource for individuals seeking continued recovery | 25 | | assistance. |
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| 1 | | (c) Non-licensable recovery residences are encouraged to | 2 | | register with the Department and the registry shall be | 3 | | publicly available through online posting. | 4 | | (d) The registry shall indicate any accreditation, | 5 | | certification, or licensure that each recovery residence has | 6 | | received from an entity that has developed uniform national | 7 | | standards. The registry shall also indicate each recovery | 8 | | residence's location in order to assist providers and | 9 | | individuals in finding alcohol , gambling, and drug free | 10 | | housing options with like-minded residents who are committed | 11 | | to alcohol , gambling, and drug free living. | 12 | | (e) Registrants are encouraged to seek national | 13 | | accreditation from any entity that has developed uniform State | 14 | | or national standards for recovery residences. | 15 | | (f) The Department shall include a disclaimer on the | 16 | | registry that states that the recovery residences are not | 17 | | regulated by the Department and their listing is provided as a | 18 | | resource but not as an endorsement by the State. | 19 | | (Source: P.A. 100-1062, eff. 1-1-19; 101-81, eff. 7-12-19.) | | | | SB3410 Engrossed | - 59 - | LRB103 38675 KTG 68812 b |
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 301/1-5 | | | 4 | | 20 ILCS 301/1-10 | | | 5 | | 20 ILCS 301/5-5 | | | 6 | | 20 ILCS 301/5-10 | | | 7 | | 20 ILCS 301/5-20 | | | 8 | | 20 ILCS 301/10-10 | | | 9 | | 20 ILCS 301/10-15 | | | 10 | | 20 ILCS 301/15-5 | | | 11 | | 20 ILCS 301/15-10 | | | 12 | | 20 ILCS 301/20-5 | | | 13 | | 20 ILCS 301/25-5 | | | 14 | | 20 ILCS 301/25-10 | | | 15 | | 20 ILCS 301/30-5 | | | 16 | | 20 ILCS 301/35-5 | | | 17 | | 20 ILCS 301/35-10 | | | 18 | | 20 ILCS 301/50-40 | | | 19 | | 20 ILCS 301/55-30 | | | 20 | | 20 ILCS 301/55-40 | |
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