Public Act 096-1380
 
HB5357 EnrolledLRB096 16377 RPM 31641 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 1. Short title. This Act may be cited as the 
Community Behavioral Health Center Infrastructure Act.
 
    Section 5. Definitions.
In this Act:
    "Behavioral health center site" means a physical site where 
a community behavioral health center shall provide behavioral 
healthcare services linked to a particular 
Department-contracted community behavioral healthcare 
provider, from which this provider delivers a 
Department-funded service and has the following 
characteristics:
        (i) The site must be owned, leased, or otherwise 
    controlled by a Department-funded provider.

        (ii) A Department-funded provider may have multiple 
    service sites.

        (iii) A Department-funded provider may provide both 
    Medicaid and non-Medicaid services
for which they are 
    certified or approved at a certified site.


    "Board" means the Capital Development Board.
    "Community behavioral healthcare provider"
includes, but 
is not limited to, Department-contracted prevention, 
intervention, or treatment care providers of services and 
supports for persons with mental health services, alcohol and 
substance abuse services, rehabilitation services, and early 
intervention services provided by a vendor.


    For the purposes of this definition, "vendor" includes, but 
is not limited to, community providers, including 
community-based organizations that are licensed to provide 
prevention, intervention, or treatment services and support 
for persons with mental illness or substance abuse problems in 
this State, that comply with applicable federal, State, and 
local rules and statutes, including, but not limited to, the 
following:
        (A) Federal requirements:
            (1) Block Grants for Community Mental Health 
        Services, Subpart I & III, Part B, Title XIX, P.H.S. 
        Act/45 C.F.R. Part 96.
            (2) Medicaid (42 U.S.C.A. 1396 (1996)).

            (3) 42 C.F.R. 440 (Services: General Provision) 
        and 456 (Utilization Control) (1996).
            (4) Health Insurance Portability and 
        Accountability Act (HIPAA) as specified in 45 C.F.R. 
        Section 160.310.

            (5) The Substance Abuse Prevention Block Grant 
        Regulations (45 C.F.R. Part 96).

            (6) Program Fraud Civil Remedies Act of 1986 (45 
        C.F.R. Part 79).

            (7) Federal regulations regarding Opioid 
        Maintenance Therapy (21 C.F.R. 29) (21 C.F.R. 
        1301-1307 (D.E.A.)).

            (8) Federal regulations regarding Diagnostic, 
        Screening, Prevention, and Rehabilitation Services 
        (Medicaid) (42 C.F.R. 440.130).

            (9) Charitable Choice: Providers that qualify as 
        religious organizations under 42 C.F.R. 54.2(b), who 
        comply with the Charitable Choice Regulations as set 
        forth in 42 C.F.R. 54.1 et seq. with regard to funds 
        provided directly to pay for substance abuse 
        prevention and treatment services.
        (B) State requirements:
            (1) 59 Ill. Admin. Code 50, Office of Inspector 
        General Investigations of Alleged Abuse or Neglect in 
        State-Operated Facilities and Community Agencies.
            (2) 59 Ill. Admin. Code 51, Office of Inspector 
        General Adults with Disabilities Project.
            (3) 59 Ill. Admin. Code 103, Grants.
            (4) 59 Ill. Admin. Code 115, Standards and 
        Licensure Requirements for Community-Integrated Living 
        Arrangements.
            (5) 59 Ill. Admin. Code 117, Family Assistance and 
        Home-Based Support Programs for Persons with Mental 
        Disabilities.
            (6) 59 Ill. Admin. Code 125, Recipient Discharge/ 
        Linkage/Aftercare.
            (7) 59 Ill. Admin. Code 131, Children's Mental 
        Health Screening, Assessment and Supportive Services 
        Program.
            (8) 59 Ill. Admin. Code 132, Medicaid Community 
        Mental Health Services Program.

            (9) 59 Ill. Admin. Code 135, Individual Care Grants 
        for Mentally Ill Children.

            (10) 89 Ill. Admin. Code 140, Medical Payment.

            (11) 89 Ill. Admin. Code 140.642, Screening 
        Assessment for Nursing Facility and Alternative 
        Residential Settings and Services.
            (12) 89 Ill. Admin. Code 507, Audit Requirements of 
        Illinois Department of Human Services.

            (13) 89 Ill. Admin. Code 509, 
        Fiscal/Administrative Recordkeeping and Requirements.
            (14) 89 Ill. Admin. Code 511, Grants and Grant 
        Funds Recovery.
            (15) 77 Ill. Admin. Code, Parts 2030, 2060, and 
        2090.

            (16) Title 77 Illinois Administrative Code:
                (a) Part 630: Maternal and Child Health 
            Services Code.
                (b) Part 635: Family Planning Services Code.

                (c) Part 672: WIC Vendor Management Code.

                (d) Part 2030: Award and Monitoring of Funds.

                (e) Part 2200: School Based/Linked Health 
            Centers.

            (17) Title 89 Illinois Administrative Code:
                (a) Part 130.200: Administration of Social 
            Service Programs, Domestic Violence Shelter and 
            Service Programs.

                (b) Part 310: Delivery of Youth Services 
            Funded by the Department of Human Services.

                (c) Part 313: Community Services.

                (d) Part 334: Administration and Funding of 
            Community-Based Services to Youth.

                (e) Part 500:  Early Intervention Program.
                (f) Part 501: Partner Abuse Intervention. 
                (g) Part 507: Audit Requirements of DHS. 
                (h) Part 509: Fiscal/Administrative 
            Recordkeeping and Requirements.
                (i) Part 511: Grants and Grant Funds Recovery.
            (18) State statutes:
                (a) The Mental Health and Developmental 
            Disabilities Code.
                (b) The Community Services Act.
                (c) The Mental Health and Developmental 
            Disabilities Confidentiality Act.
                (d) The Alcoholism and Other Drug Abuse and 
            Dependency Act.
                (e) The  Early Intervention Services System 
            Act.
                (f) The  Children and Family Services Act.
                (g) The  Illinois Commission on Volunteerism 
            and Community Services Act.
                (h) The Department of Human Services Act.
                (i) The Domestic Violence Shelters Act.
                (j) The  Illinois Youthbuild Act.
                (k) The Civil Administrative Code of Illinois.
                (l) The Illinois Grant Funds Recovery Act.
                (m) The  Child Care Act of 1969.
                (n) The  Solicitation for Charity Act.
                (o) The Illinois Public Aid Code (305 ILCS 
            5/9-1, 12-4.5 through 12-4.7, and 12-13).
                (p) The  Abused and Neglected Child Reporting 
            Act.
                (q) The Charitable Trust Act.

                (r) The Illinois Alcoholism and Other Drug 
            Dependency Act.

        (C) The Provider shall be in compliance with all 
    applicable requirements for services and service reporting 
    as specified in the following Department manuals or 
    handbooks:

            (1) DHS/DMH Provider Manual.
            (2) DHS Mental Health CSA Program Manual.
            (3) DHS/DMH PAS/MH Manual.
            (4) Community Forensic Services Handbook.
            (5) Community Mental Health Service Definitions 
        and Reimbursement Guide.
            (6) DHS/DMH Collaborative Provider Manual.
            (7) Handbook for Providers of Screening Assessment 
        and Support Services, Chapter CMH-200 Policy and 
        Procedures For Screening, Assessment and Support 
        Services.
            (8) DHS DASA:
                (a) Contractual Policy Manual.
                (b) Medicaid Handbook.
                (c) DARTS Manual.
            (9) DASA Best Practice Program Guidelines for 
        Specific Populations.
            (10) DASA Contract Program Manual.


    "Community behavioral healthcare services" means any of 
the following: 
        (i) Behavioral health services, including, but not 
    limited to, prevention, intervention, or treatment care 
    services and support for eligible persons provided by a 
    vendor of the Department.
        (ii) Referrals to providers of medical services and 
    other health-related services, including substance abuse 
    and mental health services.
        (iii) Patient case management services, including 
    counseling, referral, and follow-up services, and other 
    services designed to assist community behavioral health 
    center patients in establishing eligibility for and 
    gaining access to federal, State, and local programs that 
    provide or financially support the provision of medical, 
    social, educational, or other related services.
        (iv) Services that enable individuals to use the 
    services of the behavioral health center including 
    outreach and transportation services and, if a substantial 
    number of the individuals in the population are of limited 
    English-speaking ability, the services of appropriate 
    personnel fluent in the language spoken by a predominant 
    number of those individuals.
        (v) Education of patients and the general population 
    served by the community behavioral health center regarding 
    the availability and proper use of behavioral health 
    services.
        (vi) Additional behavioral healthcare services 
    consisting of services that are appropriate to meet the 
    health needs of the population served by the  behavioral 
    health center involved and that may include housing 
    assistance.
    "Department" means the Department of Human Services.
    "Uninsured population" means persons who do not own private 
healthcare insurance, are not part of a group insurance plan, 
and are not eligible for any State or federal 
government-sponsored healthcare program.
 
    Section 10. Operation of the grant program. The Department, 
in consultation with the Board, shall establish the Community 
Behavioral Health Center Infrastructure Grant Program and may 
make grants to eligible community providers subject to 
appropriations out of funds reserved for capital improvements 
or expenditures as provided for in this Act. The Program shall 
operate in a manner so that the estimated cost of the Program 
during the fiscal year will not exceed the total appropriation 
for the Program. The grants shall be for the purpose of 
constructing or renovating new community behavioral health 
center sites, renovating existing community behavioral health 
center sites, and purchasing equipment to provide community 
behavioral healthcare services to medically underserved 
populations or areas or providing community behavioral 
healthcare services to the uninsured population of this State.
 
    Section 15. Eligibility for grant.
To be eligible for a 
grant under this Act, a recipient must be a community 
behavioral healthcare  provider as defined in Section 5 of this 
Act.

 
    Section 20. Use of grant moneys.
A recipient of a grant 
under this Act may use the grant moneys to do any one or more of 
the following:

    (1) Purchase equipment.
    (2) Acquire a new physical location for the purpose of 
delivering community behavioral  healthcare services.
    (3) Construct or renovate new or existing community 
behavioral health center sites.
 
    Section 25. Reporting.
Within 60 days after the first year 
of a grant under this Act, the grant recipient must submit a 
progress report to the Department. The Department may assist 
each grant recipient in meeting the goals and objectives stated 
in the original grant proposal submitted by the recipient, 
including that grant moneys are being used for appropriate 
purposes, and that residents of the community are being served 
by the new community behavioral health center sites established 
with grant moneys.

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


Effective Date:  7/29/2010