101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4853

 

Introduced 2/18/2020, by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 301/5-10
20 ILCS 301/10-10

    Amends the Substance Use Disorder Act. In a provision concerning the functions of the Department of Human Services under the Act, requires the Department to act as the single State authority and subject matter expert for substance use disorder prevention, intervention, treatment, and recovery support services. Provides that in this role, the Department shall lead efforts and provide consultation regarding policy, funding, rules, and legislative changes that could impact existing and future substance use disorder initiatives. In a provision concerning the powers and duties of the Illinois Advisory Council established under the Act, provides that the Council shall: (i) identify substance use disorder policy, funding, service gaps, new and existing initiatives, and other related activities among State agencies that could reduce duplicative efforts and promote uniformity and consistency in service delivery; and (ii) recommend revisions and enhancements that may facilitate those objectives.


LRB101 17218 KTG 66621 b

 

 

A BILL FOR

 

HB4853LRB101 17218 KTG 66621 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Substance Use Disorder Act is amended by
5changing Sections 5-10 and 10-10 as follows:
 
6    (20 ILCS 301/5-10)
7    Sec. 5-10. Functions of the Department.
8    (a) In addition to the powers, duties and functions vested
9in the Department by this Act, or by other laws of this State,
10the Department shall carry out the following activities:
11        (1) Act as the single State authority and subject
12    matter expert for substance use disorder prevention,
13    intervention, treatment, and recovery support services. In
14    this role, the Department shall lead efforts and provide
15    consultation regarding policy, funding, rules, and
16    legislative changes that could impact existing and future
17    substance use disorder initiatives.
18        (1.5) (1) Design, coordinate and fund comprehensive
19    community-based and culturally and gender-appropriate
20    services throughout the State. These services must include
21    prevention, early intervention, treatment, and other
22    recovery support services for substance use disorders that
23    are accessible and addresses the needs of at-risk

 

 

HB4853- 2 -LRB101 17218 KTG 66621 b

1    individuals and their families.
2        (2) Act as the exclusive State agency to accept,
3    receive and expend, pursuant to appropriation, any public
4    or private monies, grants or services, including those
5    received from the federal government or from other State
6    agencies, for the purpose of providing prevention, early
7    intervention, treatment, and other recovery support
8    services for substance use disorders.
9        (2.5) In partnership with the Department of Healthcare
10    and Family Services, act as one of the principal State
11    agencies for the sole purpose of calculating the
12    maintenance of effort requirement under Section 1930 of
13    Title XIX, Part B, Subpart II of the Public Health Service
14    Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
15    96.134).
16        (3) Coordinate a statewide strategy for the
17    prevention, early intervention, treatment, and recovery
18    support of substance use disorders. This strategy shall
19    include the development of a comprehensive plan, submitted
20    annually with the application for federal substance use
21    disorder block grant funding, for the provision of an array
22    of such services. The plan shall be based on local
23    community-based needs and upon data including, but not
24    limited to, that which defines the prevalence of and costs
25    associated with substance use disorders. This
26    comprehensive plan shall include identification of

 

 

HB4853- 3 -LRB101 17218 KTG 66621 b

1    problems, needs, priorities, services and other pertinent
2    information, including the needs of minorities and other
3    specific priority populations in the State, and shall
4    describe how the identified problems and needs will be
5    addressed. For purposes of this paragraph, the term
6    "minorities and other specific priority populations" may
7    include, but shall not be limited to, groups such as women,
8    children, intravenous drug users, persons with AIDS or who
9    are HIV infected, veterans, African-Americans, Puerto
10    Ricans, Hispanics, Asian Americans, the elderly, persons
11    in the criminal justice system, persons who are clients of
12    services provided by other State agencies, persons with
13    disabilities and such other specific populations as the
14    Department may from time to time identify. In developing
15    the plan, the Department shall seek input from providers,
16    parent groups, associations and interested citizens.
17        The plan developed under this Section shall include an
18    explanation of the rationale to be used in ensuring that
19    funding shall be based upon local community needs,
20    including, but not limited to, the incidence and prevalence
21    of, and costs associated with, substance use disorders, as
22    well as upon demonstrated program performance.
23        The plan developed under this Section shall also
24    contain a report detailing the activities of and progress
25    made through services for the care and treatment of
26    substance use disorders among pregnant women and mothers

 

 

HB4853- 4 -LRB101 17218 KTG 66621 b

1    and their children established under subsection (j) of
2    Section 35-5.
3        As applicable, the plan developed under this Section
4    shall also include information about funding by other State
5    agencies for prevention, early intervention, treatment,
6    and other recovery support services.
7        (4) Lead, foster and develop cooperation, coordination
8    and agreements among federal and State governmental
9    agencies and local providers that provide assistance,
10    services, funding or other functions, peripheral or
11    direct, in the prevention, early intervention, treatment,
12    and recovery support for substance use disorders. This
13    shall include, but shall not be limited to, the following:
14            (A) Cooperate with and assist other State
15        agencies, as applicable, in establishing and
16        conducting substance use disorder services among the
17        populations they respectively serve.
18            (B) Cooperate with and assist the Illinois
19        Department of Public Health in the establishment,
20        funding and support of programs and services for the
21        promotion of maternal and child health and the
22        prevention and treatment of infectious diseases,
23        including but not limited to HIV infection, especially
24        with respect to those persons who are high risk due to
25        intravenous injection of illegal drugs, or who may have
26        been sexual partners of these individuals, or who may

 

 

HB4853- 5 -LRB101 17218 KTG 66621 b

1        have impaired immune systems as a result of a substance
2        use disorder.
3            (C) Supply to the Department of Public Health and
4        prenatal care providers a list of all providers who are
5        licensed to provide substance use disorder treatment
6        for pregnant women in this State.
7            (D) Assist in the placement of child abuse or
8        neglect perpetrators (identified by the Illinois
9        Department of Children and Family Services (DCFS)) who
10        have been determined to be in need of substance use
11        disorder treatment pursuant to Section 8.2 of the
12        Abused and Neglected Child Reporting Act.
13            (E) Cooperate with and assist DCFS in carrying out
14        its mandates to:
15                (i) identify substance use disorders among its
16            clients and their families; and
17                (ii) develop services to deal with such
18            disorders.
19        These services may include, but shall not be limited
20        to, programs to prevent or treat substance use
21        disorders with DCFS clients and their families,
22        identifying child care needs within such treatment,
23        and assistance with other issues as required.
24            (F) Cooperate with and assist the Illinois
25        Criminal Justice Information Authority with respect to
26        statistical and other information concerning the

 

 

HB4853- 6 -LRB101 17218 KTG 66621 b

1        incidence and prevalence of substance use disorders.
2            (G) Cooperate with and assist the State
3        Superintendent of Education, boards of education,
4        schools, police departments, the Illinois Department
5        of State Police, courts and other public and private
6        agencies and individuals in establishing prevention
7        programs statewide and preparing curriculum materials
8        for use at all levels of education.
9            (H) Cooperate with and assist the Illinois
10        Department of Healthcare and Family Services in the
11        development and provision of services offered to
12        recipients of public assistance for the treatment and
13        prevention of substance use disorders.
14            (I) (Blank).
15        (5) From monies appropriated to the Department from the
16    Drunk and Drugged Driving Prevention Fund, reimburse DUI
17    evaluation and risk education programs licensed by the
18    Department for providing indigent persons with free or
19    reduced-cost evaluation and risk education services
20    relating to a charge of driving under the influence of
21    alcohol or other drugs.
22        (6) Promulgate regulations to identify and disseminate
23    best practice guidelines that can be utilized by publicly
24    and privately funded programs as well as for levels of
25    payment to government funded programs that provide
26    prevention, early intervention, treatment, and other

 

 

HB4853- 7 -LRB101 17218 KTG 66621 b

1    recovery support services for substance use disorders and
2    those services referenced in Sections 15-10 and 40-5.
3        (7) In consultation with providers and related trade
4    associations, specify a uniform methodology for use by
5    funded providers and the Department for billing and
6    collection and dissemination of statistical information
7    regarding services related to substance use disorders.
8        (8) Receive data and assistance from federal, State and
9    local governmental agencies, and obtain copies of
10    identification and arrest data from all federal, State and
11    local law enforcement agencies for use in carrying out the
12    purposes and functions of the Department.
13        (9) Designate and license providers to conduct
14    screening, assessment, referral and tracking of clients
15    identified by the criminal justice system as having
16    indications of substance use disorders and being eligible
17    to make an election for treatment under Section 40-5 of
18    this Act, and assist in the placement of individuals who
19    are under court order to participate in treatment.
20        (10) Identify and disseminate evidence-based best
21    practice guidelines as maintained in administrative rule
22    that can be utilized to determine a substance use disorder
23    diagnosis.
24        (11) (Blank).
25        (12) Make grants with funds appropriated from the Drug
26    Treatment Fund in accordance with Section 7 of the

 

 

HB4853- 8 -LRB101 17218 KTG 66621 b

1    Controlled Substance and Cannabis Nuisance Act, or in
2    accordance with Section 80 of the Methamphetamine Control
3    and Community Protection Act, or in accordance with
4    subsections (h) and (i) of Section 411.2 of the Illinois
5    Controlled Substances Act, or in accordance with Section
6    6z-107 of the State Finance Act.
7        (13) Encourage all health and disability insurance
8    programs to include substance use disorder treatment as a
9    covered service and to use evidence-based best practice
10    criteria as maintained in administrative rule and as
11    required in Public Act 99-0480 in determining the necessity
12    for such services and continued stay.
13        (14) Award grants and enter into fixed-rate and
14    fee-for-service arrangements with any other department,
15    authority or commission of this State, or any other state
16    or the federal government or with any public or private
17    agency, including the disbursement of funds and furnishing
18    of staff, to effectuate the purposes of this Act.
19        (15) Conduct a public information campaign to inform
20    the State's Hispanic residents regarding the prevention
21    and treatment of substance use disorders.
22    (b) In addition to the powers, duties and functions vested
23in it by this Act, or by other laws of this State, the
24Department may undertake, but shall not be limited to, the
25following activities:
26        (1) Require all organizations licensed or funded by the

 

 

HB4853- 9 -LRB101 17218 KTG 66621 b

1    Department to include an education component to inform
2    participants regarding the causes and means of
3    transmission and methods of reducing the risk of acquiring
4    or transmitting HIV infection and other infectious
5    diseases, and to include funding for such education
6    component in its support of the program.
7        (2) Review all State agency applications for federal
8    funds that include provisions relating to the prevention,
9    early intervention and treatment of substance use
10    disorders in order to ensure consistency.
11        (3) Prepare, publish, evaluate, disseminate and serve
12    as a central repository for educational materials dealing
13    with the nature and effects of substance use disorders.
14    Such materials may deal with the educational needs of the
15    citizens of Illinois, and may include at least pamphlets
16    that describe the causes and effects of fetal alcohol
17    spectrum disorders.
18        (4) Develop and coordinate, with regional and local
19    agencies, education and training programs for persons
20    engaged in providing services for persons with substance
21    use disorders, which programs may include specific HIV
22    education and training for program personnel.
23        (5) Cooperate with and assist in the development of
24    education, prevention, early intervention, and treatment
25    programs for employees of State and local governments and
26    businesses in the State.

 

 

HB4853- 10 -LRB101 17218 KTG 66621 b

1        (6) Utilize the support and assistance of interested
2    persons in the community, including recovering persons, to
3    assist individuals and communities in understanding the
4    dynamics of substance use disorders, and to encourage
5    individuals with substance use disorders to voluntarily
6    undergo treatment.
7        (7) Promote, conduct, assist or sponsor basic
8    clinical, epidemiological and statistical research into
9    substance use disorders and research into the prevention of
10    those problems either solely or in conjunction with any
11    public or private agency.
12        (8) Cooperate with public and private agencies,
13    organizations and individuals in the development of
14    programs, and to provide technical assistance and
15    consultation services for this purpose.
16        (9) (Blank).
17        (10) (Blank).
18        (11) Fund, promote, or assist entities dealing with
19    substance use disorders.
20        (12) With monies appropriated from the Group Home Loan
21    Revolving Fund, make loans, directly or through
22    subcontract, to assist in underwriting the costs of housing
23    in which individuals recovering from substance use
24    disorders may reside, pursuant to Section 50-40 of this
25    Act.
26        (13) Promulgate such regulations as may be necessary to

 

 

HB4853- 11 -LRB101 17218 KTG 66621 b

1    carry out the purposes and enforce the provisions of this
2    Act.
3        (14) Provide funding to help parents be effective in
4    preventing substance use disorders by building an
5    awareness of the family's role in preventing substance use
6    disorders through adjusting expectations, developing new
7    skills, and setting positive family goals. The programs
8    shall include, but not be limited to, the following
9    subjects: healthy family communication; establishing rules
10    and limits; how to reduce family conflict; how to build
11    self-esteem, competency, and responsibility in children;
12    how to improve motivation and achievement; effective
13    discipline; problem solving techniques; and how to talk
14    about drugs and alcohol. The programs shall be open to all
15    parents.
16(Source: P.A. 100-494, eff. 6-1-18; 100-759, eff. 1-1-19;
17101-10, eff. 6-5-19.)
 
18    (20 ILCS 301/10-10)
19    Sec. 10-10. Powers and duties of the Council. The Council
20shall:
21        (a) Advise the Department on ways to encourage public
22    understanding and support of the Department's programs.
23        (b) Advise the Department on regulations and licensure
24    proposed by the Department.
25        (c) Advise the Department in the formulation,

 

 

HB4853- 12 -LRB101 17218 KTG 66621 b

1    preparation, and implementation of the annual plan
2    submitted with the federal Substance Use Disorder Block
3    Grant application for prevention, early intervention,
4    treatment, and other recovery support services for
5    substance use disorders.
6        (d) Advise the Department on implementation of
7    substance use disorder education and prevention programs
8    throughout the State.
9        (e) Assist with incorporating into the annual plan
10    submitted with the federal Substance Use Disorder Block
11    Grant application, planning information specific to
12    Illinois' female population. The information shall
13    contain, but need not be limited to, the types of services
14    funded, the population served, the support services
15    available, and the goals, objectives, proposed methods of
16    achievement, service projections and cost estimate for the
17    upcoming year.
18        (f) Perform other duties as requested by the Secretary.
19        (g) Advise the Department in the planning,
20    development, and coordination of programs among all
21    agencies and departments of State government, including
22    programs to reduce substance use disorders, prevent the
23    misuse of illegal and legal drugs by persons of all ages,
24    and prevent the use of alcohol by minors.
25        (h) Promote and encourage participation by the private
26    sector, including business, industry, labor, and the

 

 

HB4853- 13 -LRB101 17218 KTG 66621 b

1    media, in programs to prevent substance use disorders.
2        (i) Encourage the implementation of programs to
3    prevent substance use disorders in the public and private
4    schools and educational institutions.
5        (j) Gather information, conduct hearings, and make
6    recommendations to the Secretary concerning additions,
7    deletions, or rescheduling of substances under the
8    Illinois Controlled Substances Act.
9        (k) Report as requested to the General Assembly
10    regarding the activities and recommendations made by the
11    Council.
12        (l) Identify substance use disorder policy, funding,
13    service gaps, new and existing initiatives, and other
14    related activities among State agencies that could reduce
15    duplicative efforts and promote uniformity and consistency
16    in service delivery. Recommend revisions and enhancements
17    that may facilitate those objectives.
18(Source: P.A. 100-759, eff. 1-1-19.)