Full Text of HB4317 102nd General Assembly
HB4317 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4317 Introduced 1/5/2022, by Rep. Denyse Wang Stoneback SYNOPSIS AS INTRODUCED: |
| |
Creates the Commission on Mental Health Reform Act. Creates the Commission on Mental Health Reform. Establishes membership on the Commission and its duties. Provides that the Commission shall be chaired by the Secretary of Human Services or the Secretary's designee. Provides that the Department of Human Services shall provide necessary administrative and other support for the Commission. Provides that the Commission, with administrative support provided by the Department of Human Services, shall produce and
submit policy recommendations, both administrative and legislative, to the General
Assembly and the Governor in the form of an annual report. Provides that the annual report shall include summary information about mental health services in
the State, including challenges, deficiency in services, and recommendations for increasing
and improving mental health services and bringing about reform. Provides that the report must
address all of the concerns and issues listed. Provides that the Commission shall submit the annual report
in the month of March, and during this month its representatives shall testify before the
Mental Health and Addiction Committee of the House of Representatives and the Health Committee of the Senate to present its findings,
make recommendations, and answer questions. Provides that the first annual report shall
be submitted within one year after the first meeting of the Commission. Provides that the Commission shall be dissolved 5 years after the effective date of the Act. Repeal the Act 6 years after its effective date.
|
| |
| | A BILL FOR |
|
| | | HB4317 | | LRB102 22494 RLC 31635 b |
|
| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Commission on Mental Health Reform Act. | 6 | | Section 5. Commission on Mental Health Reform. | 7 | | (a) It is the intent of the General Assembly to create a | 8 | | Commission on Mental Health Reform to: | 9 | | (1) assess the current needs
and advise on the | 10 | | necessary reform of mental health services in this State; | 11 | | (2) build upon the existing reform efforts with which | 12 | | State agencies, coalitions,
and advocates are currently | 13 | | engaged in the field of mental health; | 14 | | (3) have a
critical role in bringing agencies together | 15 | | to coordinate initiatives, share information, and create
a | 16 | | larger systemic impact. This coordination and the input of | 17 | | stakeholders who had mental health issues shall
provide a | 18 | | foundation to align systems and identify and bridge | 19 | | systemic gaps around mental health
to best serve the needs | 20 | | of the residents of this State; | 21 | | (4) assess the landscape of mental health care in this | 22 | | State and determine the
levels of service and investment | 23 | | of resources in geographical areas across the State; and |
| | | HB4317 | - 2 - | LRB102 22494 RLC 31635 b |
|
| 1 | | (5) make recommendations on the next steps for future | 2 | | investments and
actions based upon apparent needs. | 3 | | (b) There is created the Commission on Mental Health | 4 | | Reform composed of at least 37 members. The Commission shall | 5 | | be appointed by the Secretary of Human Services or the
| 6 | | Secretary's designee and shall be composed of at least the | 7 | | following: | 8 | | (1) the Director of Public Health or the Director's | 9 | | designee; | 10 | | (2) the Director of the Division of Mental Health of | 11 | | the Department of Human Services, or the Director's | 12 | | designee; | 13 | | (3) the Secretary of Human Services or the Secretary's | 14 | | designee; | 15 | | (4) the Director of the Division of Developmental | 16 | | Disabilities, or the
Director's designee;
| 17 | | (5) the Director of Children and Family Services or | 18 | | the Director's designee; | 19 | | (6) the Director of Healthcare and Family Services or | 20 | | the Director's designee; | 21 | | (7) the Director of Juvenile Justice or the Director's | 22 | | designee; | 23 | | (8) the Director of Corrections or the Director's | 24 | | designee; | 25 | | (9) the Director of Insurance or the Director's | 26 | | designee; |
| | | HB4317 | - 3 - | LRB102 22494 RLC 31635 b |
|
| 1 | | (10) a representative of the Governor's Office of | 2 | | Management and Budget; | 3 | | (11) the Director of the Illinois Housing Development | 4 | | Authority or the Director's designee;
| 5 | | (12) the Director of Aging or the Director's designee; | 6 | | (13) a mental health clinician with experience | 7 | | managing or directing a program in another state
where | 8 | | mental health services are successful; | 9 | | (14) an expert mental health clinician who has | 10 | | experience evaluating and providing services to
people in | 11 | | psychiatric distress in emergency room settings; | 12 | | (15) representatives from at least 3 geographically | 13 | | diverse mental health provider agencies
in Illinois, with | 14 | | experience in community-based services; | 15 | | (16) at least 2 members of the House of | 16 | | Representatives who serve on the Mental Health and
| 17 | | Addiction Committee or the Human Services Committee; | 18 | | (17) at least 2 members of the Senate who serve on the | 19 | | Health Committee; | 20 | | (18) a representative from a public health | 21 | | organization that does research on the treatment of
mental | 22 | | health conditions and diseases; | 23 | | (19) representatives from at least 2 non-profit | 24 | | organizations that educate and advocate for
people with | 25 | | mental health conditions; | 26 | | (20) a Medicaid recipient who has received mental |
| | | HB4317 | - 4 - | LRB102 22494 RLC 31635 b |
|
| 1 | | health services in this State; | 2 | | (21) a family member of a Medicaid recipient who has | 3 | | received mental health
services in this State; | 4 | | (22) a member of law enforcement who has been trained | 5 | | in Crisis Intervention Training; | 6 | | (23) a representative from a non-profit organization | 7 | | that educates and advocates for the
prevention of suicide; | 8 | | (22) the Director of the Office of Firearm Violence | 9 | | Prevention or the Director's designee;
| 10 | | (23) a psychiatrist and a therapist or psychologist | 11 | | specializing in the treatment of adults;
| 12 | | (24) a psychiatrist and a therapist or psychologist | 13 | | specializing in the treatment of children and
youth; | 14 | | (25) a mental health specialist who serves clients who | 15 | | have been recently incarcerated; | 16 | | (26) a representative of the Community and Residential | 17 | | Services Authority; | 18 | | (27) a representative of the State Board of Education; | 19 | | and | 20 | | (28) a representative of the Office of State Guardian. | 21 | | Additional members
may be included on the Commission at | 22 | | the discretion of the Secretary of Human Services to achieve | 23 | | geographic diversity, balance, or representation of necessary
| 24 | | perspectives. | 25 | | Other than ex officio members, members of the Commission | 26 | | shall serve 3-year terms. With the exception of persons |
| | | HB4317 | - 5 - | LRB102 22494 RLC 31635 b |
|
| 1 | | impacted by mental health issues serving on the Commission, | 2 | | the members of the Commission shall serve without | 3 | | compensation. The members of the Commission impacted by mental | 4 | | health issues shall receive a stipend from appropriations made | 5 | | to them by the General Assembly. | 6 | | (c) The Commission shall be chaired by the Secretary of | 7 | | Human Services or the Secretary's designee. The first meeting | 8 | | of the Commission shall be convened no later than 3 months | 9 | | after the effective date of this Act. Meeting of the | 10 | | Commission are subject to the Open Meetings Act. The | 11 | | Commission may meet in person or virtually to carry out its | 12 | | duties. The Department of Human Services shall provide | 13 | | necessary administrative and other support for the Commission. | 14 | | All State agencies represented on the Commission, including | 15 | | the Department of Public Health, Department of Corrections, | 16 | | Department of Juvenile Justice, Department of Children and | 17 | | Family Services, Healthcare and Family Services, Department on | 18 | | Aging,
Department of Human Services, Illinois Housing | 19 | | Development Authority, Governor's Office of Management and | 20 | | Budget, Department of Insurance, State Board of Education, and | 21 | | Office of State Guardian, shall facilitate the prompt and | 22 | | timely collection
and provision of data as requested by or on | 23 | | behalf of the Commission. The facilitation
shall include, | 24 | | without limitation, authorizing the provision of reports and | 25 | | underlying State
agency data that the State agency currently | 26 | | or previously has provided or made available
to university |
| | | HB4317 | - 6 - | LRB102 22494 RLC 31635 b |
|
| 1 | | partners and consultants. Any data provided by State agencies | 2 | | shall redact any
personally identifiable information of any | 3 | | clients or families before release to the
Commission. | 4 | | (d) The Commission may organize into sub-committees or | 5 | | subgroups if it deems necessary.
The sub-committees or | 6 | | subgroups shall be working groups focused on the following
| 7 | | areas: | 8 | | (1) budgetary needs and insurance; | 9 | | (2) clinician assessment and recommendations for | 10 | | mental health care for adults; | 11 | | (3) clinician assessment and recommendations for | 12 | | mental health care for children
and youth; and
| 13 | | (4) mental health needs of persons who are or have | 14 | | been incarcerated.
| 15 | | (e)
The Commission shall: | 16 | | (1) assess needs for mental health care in this State; | 17 | | (2) identify gaps around mental health in geographical | 18 | | areas across this State; | 19 | | (3) establish rules around data collection and | 20 | | publishing; | 21 | | (4) meet benchmarks stipulated in this Act and | 22 | | establish a more specific timeframe for
recommended | 23 | | reform; | 24 | | (5) in order to align systems, identify when | 25 | | coordination of initiatives, sharing of information,
and | 26 | | transparency is needed between agencies on
data of |
| | | HB4317 | - 7 - | LRB102 22494 RLC 31635 b |
|
| 1 | | availability of mental health and related services, and | 2 | | funding streams for mental health services; | 3 | | (6) issue recommendations, goals, and benchmarks for: | 4 | | (A) improvements to and expansion of | 5 | | community-based mental health and
substance abuse | 6 | | treatment services including through Assertive | 7 | | Community
Treatment (ACT) and Intensive Case | 8 | | Management (ICM) Teams;
| 9 | | (B) increasing early diagnosis and treatment | 10 | | rather than late-stage treatment of
mental health | 11 | | conditions; | 12 | | (C) increasing availability of psychiatric | 13 | | residential placements based on data
analysis and in | 14 | | accordance with least-restrictive standard of care; | 15 | | (D) in accordance with least-restrictive care | 16 | | principles building service capacity, improving access | 17 | | to services by reforming Medicaid rates to cover the | 18 | | cost,
enable capacity growth, and institute | 19 | | value-based payment; | 20 | | (E) building a system of care for children and | 21 | | young adults; | 22 | | (F) increasing mental health
care for children; | 23 | | (G) improving insurance practices and coverage of | 24 | | proven treatments, including
implementing and | 25 | | enforcing parity laws, and ensuring coverage of proven
| 26 | | treatments not covered by insurance; |
| | | HB4317 | - 8 - | LRB102 22494 RLC 31635 b |
|
| 1 | | (H) developing the mental health workforce through | 2 | | incentives to grow this workforce; | 3 | | (I) enabling affordable housing through rental | 4 | | subsidies, through investment in
rental subsidies, | 5 | | combined with treatment, supportive housing, diversion | 6 | | strategies to stop the cycle of hospitalizations, and | 7 | | criminal legal system
involvement for those persons | 8 | | with disabilities and left homeless by their
| 9 | | disability; | 10 | | (J) treating currently incarcerated people who | 11 | | suffer from mental health conditions; | 12 | | (K) improving coordination of mental health | 13 | | related services between government
agencies, service | 14 | | providers, and patients; and | 15 | | (L) easing the administrative burdens that are a | 16 | | barrier to access to mental health
services; | 17 | | (7) take action and implement its findings and
| 18 | | recommendations. An explanation must be provided in the | 19 | | annual report for any
recommendation an agency does not | 20 | | choose to implement; | 21 | | (8) review the relevant consent decrees and focus | 22 | | recommendations to comply with the following
consent | 23 | | decrees: | 24 | | (A) Lippert v. Jeffreys (Department of | 25 | | Corrections-healthcare); | 26 | | (B) Monroe v. Jeffreys (Department of |
| | | HB4317 | - 9 - | LRB102 22494 RLC 31635 b |
|
| 1 | | Corrections-gender dysphoria treatment); | 2 | | (C) Rasho v. Jeffreys (Department of | 3 | | Corrections-mental health care); | 4 | | (D) RJ v. Mueller (Department of Juvenile | 5 | | Justice-conditions and services available to persons | 6 | | confined at State-operated juvenile justice facilities | 7 | | including issues re: mental health
and confinement | 8 | | conditions); | 9 | | (E) Williams v. Pritzker (Department on Aging, | 10 | | Healthcare and Family Services, Department of Human | 11 | | Services-individuals in nursing homes for persons
with | 12 | | mental illnesses-Olmstead); | 13 | | (F) Ligas v. Eagleson (Healthcare and Family | 14 | | Services-unnecessary segregation and | 15 | | institutionalization of
persons with developmental | 16 | | disabilities in large intermediate care facilities | 17 | | when
they could be better served in smaller, community | 18 | | settings-Olmstead); | 19 | | (G) BH v. Smith (Department of Children and Family | 20 | | Services-care and conditions including severe | 21 | | shortages of mental
health services and substandard | 22 | | conditions at various residential treatment
centers | 23 | | treating youth in care); | 24 | | (H) NB v. Eagleson (Healthcare and Family | 25 | | Services-Medicaid eligible children under 21 with a | 26 | | mental or
behavioral health diagnosis in need of |
| | | HB4317 | - 10 - | LRB102 22494 RLC 31635 b |
|
| 1 | | community-based services); | 2 | | (I) Colbert v. Pritzker (Department of Human | 3 | | Services, Healthcare and Family | 4 | | Services-institutionalizing people with disabilities | 5 | | when
they could live in their own homes or other small, | 6 | | community-based settings-Olmstead); and | 7 | | (J)
Memisovski v. Maram (Healthcare and Family | 8 | | Services, Department of Human Services-access and | 9 | | availability of Medicaid services to
children). | 10 | | (e) The Commission, with administrative support provided | 11 | | by the Department of Human Services, shall produce and
submit | 12 | | policy recommendations, both administrative and legislative, | 13 | | to the General
Assembly and the Governor in the form of an | 14 | | annual report. The first annual report shall
be submitted | 15 | | within one year after the first meeting of the Commission. | 16 | | The annual report shall include summary information about | 17 | | mental health services in
this State, including challenges, | 18 | | deficiency in services, and recommendations for increasing
and | 19 | | improving mental health services and bringing about reform. | 20 | | The report must
address all of the concerns and issues listed. | 21 | | The Commission shall submit the annual report
in the month of | 22 | | March, and during this month its representatives shall testify | 23 | | before the
Mental Health and Addiction Committee of the House | 24 | | of Representatives and the Health Committee of the Senate to | 25 | | present its findings,
make recommendations, and answer | 26 | | questions. The Directors of Public Health, Children and Family |
| | | HB4317 | - 11 - | LRB102 22494 RLC 31635 b |
|
| 1 | | Services,
Juvenile Justice, Department of Corrections, | 2 | | Healthcare and Family Services, Aging, Insurance, Governor's | 3 | | Office of Management and Budget, Illinois Housing Development | 4 | | Authority, State Board of Education, the Secretary of Human | 5 | | Services, and a representative of the Office of the
Governor | 6 | | shall testify before these committees as to their respective | 7 | | actions taken in
response to the findings and recommendations | 8 | | of the Commission. Any State agency that
has not adopted or | 9 | | implemented a Commission recommendation made for that agency,
| 10 | | shall provide written and oral testimony explaining their | 11 | | rationale for this decision. The
annual reports shall include | 12 | | the following items: | 13 | | (1) Year 1: Identification of gaps in mental health | 14 | | care. Assessment of budgetary
needs for State agencies to | 15 | | build necessary service capacity to meet the needs of
| 16 | | mental health in this State. Assessment of each State | 17 | | agency's compliance with
requirements of consent decrees | 18 | | and the State agency's responses to its level
of | 19 | | compliance. | 20 | | (2) Year 2: Report on the progression of | 21 | | implementation of recommended actions
from Year 1, | 22 | | including barriers to progress and recommended actions to | 23 | | address
these barriers. Roles of State agencies, | 24 | | coalitions, advocates, and other
stakeholders currently | 25 | | engaged in the field of mental health in this State.
| 26 | | Recommendations of needed coordination between them to |
| | | HB4317 | - 12 - | LRB102 22494 RLC 31635 b |
|
| 1 | | bridge the systemic
gaps. | 2 | | (3) Year 3: Report on the progression of | 3 | | implementation of recommended actions
from Years 1 and 2, | 4 | | including barriers to progress and recommended actions to
| 5 | | address these barriers. Recommendations for expansion of | 6 | | community-based
mental health and substance abuse | 7 | | treatment services. | 8 | | (4) Year 4: Report on the progression of | 9 | | implementation of recommended actions
from Years 1, 2, and | 10 | | 3, including barriers to progress and recommended actions
| 11 | | to address such barriers. Phasing in of recommendations | 12 | | for gaps in mental
health care. | 13 | | (5) Year 5: Report on the progression of | 14 | | implementation of recommended actions
from previous Years. | 15 | | Phasing in of recommendations for gaps in mental health
| 16 | | care. | 17 | | (f)
The Commission chair shall convene a final meeting | 18 | | before the repeal date of this Act to
discuss an | 19 | | implementation plan based on the produced policy | 20 | | recommendations. | 21 | | (g) The Commission shall be dissolved 5 years after the | 22 | | effective date of this Act. | 23 | | Section 10. Repeal. This Act is repealed 6 years after the | 24 | | effective date of this Act.
|
|