Public Act 102-0550
 
SB2312 EnrolledLRB102 09982 JLS 15300 b


  
    AN ACT concerning business.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Consumer Fraud and Deceptive Business 
Practices Act is amended  by changing Section 2VVV as follows:
 
    (815 ILCS 505/2VVV)
    Sec. 2VVV. Deceptive marketing, advertising, and sale of 
mental health disorder and substance use disorder treatment.
    (a) As used in this Section:
    "Facility" has the meaning ascribed to that term in 
Section 1-10 of the Substance Use Disorder Act when used in 
reference to a facility that provides substance use disorder 
treatment. "Facility" has the same meaning as "mental health 
facility" under Section 1-114 of the Mental Health and 
Developmental Disabilities Code when used in reference to a 
facility that provides mental health disorder treatment. 
    "Hospital affiliate" has the meaning ascribed to that term 
in Section 10.8 of the Hospital Licensing Act. 
    "Mental health disorder" has the same meaning as "mental 
illness" under Section 1-129 of the Mental Health and 
Developmental Disabilities Code. 
    "Program" means a licensable or fundable activity or

service, or a coordinated range of such activities or 
services, established or licensed by the Department of Human 
Services. 
    "Substance use disorder" has the same meaning as 
"substance abuse" under Section 1-10 of the Substance Use 
Disorder Act. 
    "Treatment" has the meaning ascribed to that term in 
Section 1-10 of the Substance Use Disorder Act when used in 
reference to treatment for a substance use disorder. 
"Treatment" has the meaning ascribed to that term in Section 
1-128 of the Mental Health and Developmental Disabilities Code 
when used in reference to treatment for a mental health 
disorder. 
    (b) It is an unlawful practice for any person to engage in 
misleading or false advertising or promotion that 
misrepresents the need to seek mental health disorder or 
substance use disorder treatment outside of the State of 
Illinois. 
    (c) Any marketing, advertising, promotional, or sales 
materials directed to Illinois residents concerning mental 
health disorder or substance use disorder treatment must: 
        (1) prominently display or announce the full physical 
    address of the treatment program or facility;
        (2) display whether the treatment program or facility 
    is licensed in the State of Illinois;
        (3) display whether the treatment program or facility 
    has locations in Illinois; 
        (4) display whether the services provided by the 
    treatment program or facility are covered by an insurance 
    policy issued to an Illinois resident; 
        (5) display whether the treatment program or facility 
    is an in-network or out-of-network provider; 
        (6) include a link to the Internet website for the 
    Department of Human Services' Division of Mental Health 
    and Division of Substance Use Prevention and Recovery, or 
    any successor State agency that provides information 
    regarding licensed providers of services; and 
        (7) disclose that mental health disorder and substance 
    use disorder treatment may be available at a reduced cost 
    or for free for Illinois residents within the State of 
    Illinois. 
    (d) It is an unlawful practice for any person to solicit, 
offer, or enter into an arrangement under which a patient 
seeking mental health disorder or substance use disorder 
treatment is referred to a mental health disorder or substance 
use disorder treatment program or facility in exchange for a 
fee, a percentage of the treatment program's or facility's 
revenues that are related to the patient, or any other 
remuneration that takes into account the volume or value of 
the referrals to the treatment program or facility. Such 
practice shall also be considered a violation of the 
prohibition against fee splitting in Section 22.2 of the 
Medical Practice Act of 1987 and a violation of the Health Care 
Worker Self-Referral Act. It is not a violation
of this 
Section for programs or facilities to enter into
personal 
services agreements or management services agreements
with 
third parties that do not take into account the volume or
value 
of referrals. It is not a violation of this Section
for 
programs or facilities to provide discounts for treatment

services to clients as long as the discount is
based on 
financial necessity in accordance with the program's or 
facility's
charity care plan, regardless of referral source or 
reason.
Compensation paid by programs or facilities to their 
employees and independent
contractors related to identifying, 
locating, and securing referrals to
that program or facility 
is not a violation of this Section if the amount of 
compensation provided to the
employee or independent 
contractor does not vary based upon the volume
or value of such 
referrals. This Section does not apply to health insurance 
companies, health maintenance organizations, managed care 
plans, or organizations, including hospitals and hospital 
affiliates licensed in Illinois. 

(Source: P.A. 100-1058, eff. 1-1-19; 100-1188, eff. 4-5-19; 
101-81, eff. 7-12-19.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.