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