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Public Act 102-0911


 

Public Act 0911 102ND GENERAL ASSEMBLY



 


 
Public Act 102-0911
 
HB1321 EnrolledLRB102 03336 KTG 13349 b

    AN ACT concerning health.
 
    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 First
Responder Mental Health Grant Program Act.
 
    Section 5. Legislative intent.
    (a) The General Assembly recognizes the difficult nature
of the job of first responder, including trauma endured by
first responders in the performance of their duties.
    (b) It is the intent of the General Assembly to ensure that
first responders, including police, firefighters, emergency
medical technicians, and public safety telecommunicators
across this State have full access to supportive and
responsive behavioral health services and treatment.
    (c) The General Assembly recognizes that these services
should be responsive to the individual's needs and must be
kept confidential.
    (d) The General Assembly recognizes that the
administration and provision of these services both recognize
and reduce the historical barrier of stigma and a lack of
confidentiality that first responders face when attempting to
access behavioral health services and treatment.
 
    Section 10. Definitions. In this Act:
    "Behavioral health" means mental health, health relating
to substance use, or both.
    "Behavioral health care" means services, treatment,
medication, and other measures to overcome, mitigate, or
prevent a behavioral health issue. These services, treatment,
medication, and other measures qualify as "behavioral health
care" even if there is no formal diagnosis of a specific
condition.
    "Department" means the Department of Human Services.
    "First responder" means a law enforcement officer,
firefighter, emergency medical services personnel as defined
in Section 3.5 of the Emergency Medical Services (EMS) Systems
Act, or public safety telecommunicator as defined in Section 2
of the Emergency Telephone Systems Act.
    "Record" means any record kept by a therapist or by an
agency in the course of providing behavioral health care to a
first responder concerning the first responder and the
services provided. "Record" includes the personal notes of the
therapist or agency. "Record" includes all records maintained
by a court that have been created in connection with, in
preparation for, or as a result of the filing of any petition
or certificate under Chapter II, Chapter III, or Chapter IV of
the Mental Health and Developmental Disabilities Code and
includes the petitions, certificates, dispositional reports,
treatment plans, and reports of diagnostic evaluations and of
hearings under Article VIII of Chapter III or under Article V
of Chapter IV of that Code. "Record" does not include
information that has been de-identified in accordance with
HIPAA, as specified in 45 CFR 164.514. "Record" does not
include a reference to the receipt of behavioral health care
noted during a patient history and physical or other summary
of care.
 
    Section 15. First Responder Behavioral Health Grant
Program.
    (a) Subject to appropriation, there is created within the
Department of Human Services a First Responder Behavioral
Health Grant Program to provide grants to the following
recipients:
        (1) units of local government;
        (2) law enforcement agencies;
        (3) fire protection districts;
        (4) school districts;
        (5) public or private hospitals; or
        (6) ambulance services that employ first responders.
    (b) The First Responder Behavioral Health Grant Fund is
hereby created as a special fund in the State treasury. Moneys
in the First Responder Behavioral Health Grant Fund shall be
used by the Secretary of Human Services to make grants to
eligible recipients as provided in subsection (a).
    (c) Recipients eligible for grants under this Section
shall use the grants for expenses related to behavioral health
care services for first responders, including, but not limited
to, telehealth services. An employer may not reduce behavioral
health care provided through a first responder's employee
benefit package as a result of the receipt of grant funds under
this Act.
    (d) All records, notes, and conclusions by a treatment
provider providing behavioral health care to first responders
whose employers receive grants under this Act shall not be
shared with the employer unless otherwise mandated by law.
    (e) Applicants seeking grants under this Act shall apply
to the Department in a form and manner prescribed by the
Department.
    (f) The Department may adopt any rules necessary to
implement this Act.
 
    Section 900. The State Finance Act is amended by adding
Section 5.970 as follows:
 
    (30 ILCS 105/5.970 new)
    Sec. 5.970. The First Responder Behavioral Health Grant
Fund.

Effective Date: 1/1/2023