Full Text of SB3402 096th General Assembly
SB3402eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Community Behavioral Health Center Infrastructure Act. | 6 |
| Section 5. Definitions.
In this Act: | 7 |
| "Behavioral health center site" means a physical site where | 8 |
| a community behavioral health center shall provide behavioral | 9 |
| healthcare services linked to a particular | 10 |
| Department-contracted community behavioral healthcare | 11 |
| provider, from which this provider delivers a | 12 |
| Department-funded service and has the following | 13 |
| characteristics: | 14 |
| (i) The site must be owned, leased, or otherwise | 15 |
| controlled by a Department-funded provider.
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| (ii) A Department-funded provider may have multiple | 17 |
| service sites.
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| (iii) A Department-funded provider may provide both | 19 |
| Medicaid and non-Medicaid services
for which they are | 20 |
| certified or approved at a certified site.
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| "Board" means the Capital Development Board. | 22 |
| "Community behavioral healthcare provider"
includes, but | 23 |
| is not limited to, Department-contracted prevention, |
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| intervention, or treatment care providers of services and | 2 |
| supports for persons with mental health services, alcohol and | 3 |
| substance abuse services, rehabilitation services, and early | 4 |
| intervention services provided by a vendor.
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| For the purposes of this definition, "vendor" includes, but | 6 |
| is not limited to, community providers, including | 7 |
| community-based organizations that are licensed to provide | 8 |
| prevention, intervention, or treatment services and support | 9 |
| for persons with mental illness or substance abuse problems in | 10 |
| this State, that comply with applicable federal, State, and | 11 |
| local rules and statutes, including, but not limited to, the | 12 |
| following: | 13 |
| (A) Federal requirements: | 14 |
| (1) Block Grants for Community Mental Health | 15 |
| Services, Subpart I & III, Part B, Title XIX, P.H.S. | 16 |
| Act/45 C.F.R. Part 96. | 17 |
| (2) Medicaid (42 U.S.C.A. 1396 (1996)).
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| (3) 42 C.F.R. 440 (Services: General Provision) | 19 |
| and 456 (Utilization Control) (1996). | 20 |
| (4) Health Insurance Portability and | 21 |
| Accountability Act (HIPAA) as specified in 45 C.F.R. | 22 |
| Section 160.310.
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| (5) The Substance Abuse Prevention Block Grant | 24 |
| Regulations (45 C.F.R. Part 96).
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| (6) Program Fraud Civil Remedies Act of 1986 (45 | 26 |
| C.F.R. Part 79).
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| (7) Federal regulations regarding Opioid | 2 |
| Maintenance Therapy (21 C.F.R. 29) (21 C.F.R. | 3 |
| 1301-1307 (D.E.A.)).
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| (8) Federal regulations regarding Diagnostic, | 5 |
| Screening, Prevention, and Rehabilitation Services | 6 |
| (Medicaid) (42 C.F.R. 440.130).
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| (9) Charitable Choice: Providers that qualify as | 8 |
| religious organizations under 42 C.F.R. 54.2(b), who | 9 |
| comply with the Charitable Choice Regulations as set | 10 |
| forth in 42 C.F.R. 54.1 et seq. with regard to funds | 11 |
| provided directly to pay for substance abuse | 12 |
| prevention and treatment services. | 13 |
| (B) State requirements: | 14 |
| (1) 59 Ill. Admin. Code 50, Office of Inspector | 15 |
| General Investigations of Alleged Abuse or Neglect in | 16 |
| State-Operated Facilities and Community Agencies. | 17 |
| (2) 59 Ill. Admin. Code 51, Office of Inspector | 18 |
| General Adults with Disabilities Project. | 19 |
| (3) 59 Ill. Admin. Code 103, Grants. | 20 |
| (4) 59 Ill. Admin. Code 115, Standards and | 21 |
| Licensure Requirements for Community-Integrated Living | 22 |
| Arrangements. | 23 |
| (5) 59 Ill. Admin. Code 117, Family Assistance and | 24 |
| Home-Based Support Programs for Persons with Mental | 25 |
| Disabilities. | 26 |
| (6) 59 Ill. Admin. Code 125, Recipient Discharge/ |
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| Linkage/Aftercare. | 2 |
| (7) 59 Ill. Admin. Code 131, Children's Mental | 3 |
| Health Screening, Assessment and Supportive Services | 4 |
| Program. | 5 |
| (8) 59 Ill. Admin. Code 132, Medicaid Community | 6 |
| Mental Health Services Program.
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| (9) 59 Ill. Admin. Code 135, Individual Care Grants | 8 |
| for Mentally Ill Children.
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| (10) 89 Ill. Admin. Code 140, Medical Payment.
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| (11) 89 Ill. Admin. Code 140.642, Screening | 11 |
| Assessment for Nursing Facility and Alternative | 12 |
| Residential Settings and Services. | 13 |
| (12) 89 Ill. Admin. Code 507, Audit Requirements of | 14 |
| Illinois Department of Human Services.
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| (13) 89 Ill. Admin. Code 509, | 16 |
| Fiscal/Administrative Recordkeeping and Requirements. | 17 |
| (14) 89 Ill. Admin. Code 511, Grants and Grant | 18 |
| Funds Recovery. | 19 |
| (15) 77 Ill. Admin. Code, Parts 2030, 2060, and | 20 |
| 2090.
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| (16) Title 77 Illinois Administrative Code: | 22 |
| (a) Part 630: Maternal and Child Health | 23 |
| Services Code. | 24 |
| (b) Part 635: Family Planning Services Code.
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| (c) Part 672: WIC Vendor Management Code.
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| (d) Part 2030: Award and Monitoring of Funds.
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| (e) Part 2200: School Based/Linked Health | 2 |
| Centers.
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| (17) Title 89 Illinois Administrative Code: | 4 |
| (a) Part 130.200: Administration of Social | 5 |
| Service Programs, Domestic Violence Shelter and | 6 |
| Service Programs.
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| (b) Part 310: Delivery of Youth Services | 8 |
| Funded by the Department of Human Services.
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| (c) Part 313: Community Services.
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| (d) Part 334: Administration and Funding of | 11 |
| Community-Based Services to Youth.
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| (e) Part 500: Early Intervention Program. | 13 |
| (f) Part 501: Partner Abuse Intervention. | 14 |
| (g) Part 507: Audit Requirements of DHS. | 15 |
| (h) Part 509: Fiscal/Administrative | 16 |
| Recordkeeping and Requirements. | 17 |
| (i) Part 511: Grants and Grant Funds Recovery. | 18 |
| (18) State statutes: | 19 |
| (a) The Mental Health and Developmental | 20 |
| Disabilities Code. | 21 |
| (b) The Community Services Act. | 22 |
| (c) The Mental Health and Developmental | 23 |
| Disabilities Confidentiality Act. | 24 |
| (d) The Alcoholism and Other Drug Abuse and | 25 |
| Dependency Act. | 26 |
| (e) The Early Intervention Services System |
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| Act. | 2 |
| (f) The Children and Family Services Act. | 3 |
| (g) The Illinois Commission on Volunteerism | 4 |
| and Community Services Act. | 5 |
| (h) The Department of Human Services Act. | 6 |
| (i) The Domestic Violence Shelters Act. | 7 |
| (j) The Illinois Youthbuild Act. | 8 |
| (k) The Civil Administrative Code of Illinois. | 9 |
| (l) The Illinois Grant Funds Recovery Act. | 10 |
| (m) The Child Care Act of 1969. | 11 |
| (n) The Solicitation for Charity Act. | 12 |
| (o) The Illinois Public Aid Code (305 ILCS | 13 |
| 5/9-1, 12-4.5 through 12-4.7, and 12-13). | 14 |
| (p) The Abused and Neglected Child Reporting | 15 |
| Act. | 16 |
| (q) The Charitable Trust Act.
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| (r) The Illinois Alcoholism and Other Drug | 18 |
| Dependency Act.
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| (C) The Provider shall be in compliance with all | 20 |
| applicable requirements for services and service reporting | 21 |
| as specified in the following Department manuals or | 22 |
| handbooks:
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| (1) DHS/DMH Provider Manual. | 24 |
| (2) DHS Mental Health CSA Program Manual. | 25 |
| (3) DHS/DMH PAS/MH Manual. | 26 |
| (4) Community Forensic Services Handbook. |
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| (5) Community Mental Health Service Definitions | 2 |
| and Reimbursement Guide. | 3 |
| (6) DHS/DMH Collaborative Provider Manual. | 4 |
| (7) Handbook for Providers of Screening Assessment | 5 |
| and Support Services, Chapter CMH-200 Policy and | 6 |
| Procedures For Screening, Assessment and Support | 7 |
| Services. | 8 |
| (8) DHS DASA: | 9 |
| (a) Contractual Policy Manual. | 10 |
| (b) Medicaid Handbook. | 11 |
| (c) DARTS Manual. | 12 |
| (9) DASA Best Practice Program Guidelines for | 13 |
| Specific Populations. | 14 |
| (10) DASA Contract Program Manual.
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| "Community behavioral healthcare services" means any of | 16 |
| the following: | 17 |
| (i) Behavioral health services, including, but not | 18 |
| limited to, prevention, intervention, or treatment care | 19 |
| services and support for eligible persons provided by a | 20 |
| vendor of the Department. | 21 |
| (ii) Referrals to providers of medical services and | 22 |
| other health-related services, including substance abuse | 23 |
| and mental health services. | 24 |
| (iii) Patient case management services, including | 25 |
| counseling, referral, and follow-up services, and other | 26 |
| services designed to assist community behavioral health |
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| center patients in establishing eligibility for and | 2 |
| gaining access to federal, State, and local programs that | 3 |
| provide or financially support the provision of medical, | 4 |
| social, educational, or other related services. | 5 |
| (iv) Services that enable individuals to use the | 6 |
| services of the behavioral health center including | 7 |
| outreach and transportation services and, if a substantial | 8 |
| number of the individuals in the population are of limited | 9 |
| English-speaking ability, the services of appropriate | 10 |
| personnel fluent in the language spoken by a predominant | 11 |
| number of those individuals. | 12 |
| (v) Education of patients and the general population | 13 |
| served by the community behavioral health center regarding | 14 |
| the availability and proper use of behavioral health | 15 |
| services. | 16 |
| (vi) Additional behavioral healthcare services | 17 |
| consisting of services that are appropriate to meet the | 18 |
| health needs of the population served by the behavioral | 19 |
| health center involved and that may include housing | 20 |
| assistance. | 21 |
| "Department" means the Department of Human Services. | 22 |
| "Uninsured population" means persons who do not own private | 23 |
| healthcare insurance, are not part of a group insurance plan, | 24 |
| and are not eligible for any State or federal | 25 |
| government-sponsored healthcare program. |
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| Section 10. Operation of the grant program. The Department, | 2 |
| in consultation with the Board, shall establish the Community | 3 |
| Behavioral Health Center Infrastructure Grant Program and may | 4 |
| make grants to eligible community providers subject to | 5 |
| appropriations out of funds reserved for capital improvements | 6 |
| or expenditures as provided for in this Act. The Program shall | 7 |
| operate in a manner so that the estimated cost of the Program | 8 |
| during the fiscal year will not exceed the total appropriation | 9 |
| for the Program. The grants shall be for the purpose of | 10 |
| constructing or renovating new community behavioral health | 11 |
| center sites, renovating existing community behavioral health | 12 |
| center sites, and purchasing equipment to provide community | 13 |
| behavioral healthcare services to medically underserved | 14 |
| populations or areas or providing community behavioral | 15 |
| healthcare services to the uninsured population of this State. | 16 |
| Section 15. Eligibility for grant.
To be eligible for a | 17 |
| grant under this Act, a recipient must be a community | 18 |
| behavioral healthcare provider as defined in Section 5 of this | 19 |
| Act.
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| Section 20. Use of grant moneys.
A recipient of a grant | 21 |
| under this Act may use the grant moneys to do any one or more of | 22 |
| the following:
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| (1) Purchase equipment. | 24 |
| (2) Acquire a new physical location for the purpose of |
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| delivering community behavioral healthcare services. | 2 |
| (3) Construct or renovate new or existing community | 3 |
| behavioral health center sites. | 4 |
| Section 25. Reporting.
Within 60 days after the first year | 5 |
| of a grant under this Act, the grant recipient must submit a | 6 |
| progress report to the Department. The Department may assist | 7 |
| each grant recipient in meeting the goals and objectives stated | 8 |
| in the original grant proposal submitted by the recipient, | 9 |
| including that grant moneys are being used for appropriate | 10 |
| purposes, and that residents of the community are being served | 11 |
| by the new community behavioral health center sites established | 12 |
| with grant moneys.
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
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