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1 | | AN ACT concerning health.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the First |
5 | | Responder Mental Health Grant Program Act. |
6 | | Section 5. Legislative intent. |
7 | | (a) The General Assembly recognizes the difficult nature |
8 | | of the job of first responder, including trauma endured by |
9 | | first responders in the performance of their duties. |
10 | | (b) It is the intent of the General Assembly to ensure that |
11 | | first responders, including police, firefighters, emergency |
12 | | medical technicians, and public safety telecommunicators |
13 | | across this State have full access to supportive and |
14 | | responsive behavioral health services and treatment. |
15 | | (c) The General Assembly recognizes that these services |
16 | | should be responsive to the individual's needs and must be |
17 | | kept confidential. |
18 | | (d) The General Assembly recognizes that the |
19 | | administration and provision of these services both recognize |
20 | | and reduce the historical barrier of stigma and a lack of |
21 | | confidentiality that first responders face when attempting to |
22 | | access behavioral health services and treatment.
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1 | | Section 10. Definitions. In this Act: |
2 | | "Behavioral health" means mental health, health relating |
3 | | to substance use, or both. |
4 | | "Behavioral health care" means services, treatment, |
5 | | medication, and other measures to overcome, mitigate, or |
6 | | prevent a behavioral health issue. These services, treatment, |
7 | | medication, and other measures qualify as "behavioral health |
8 | | care" even if there is no formal diagnosis of a specific |
9 | | condition. |
10 | | "Department" means the Department of Human Services. |
11 | | "First responder" means a law enforcement officer, |
12 | | firefighter, emergency medical services personnel as defined |
13 | | in Section 3.5 of the Emergency Medical Services (EMS) Systems |
14 | | Act, or public safety telecommunicator as defined in Section 2 |
15 | | of the Emergency Telephone Systems Act. |
16 | | "Record" means any record kept by a therapist or by an |
17 | | agency in the course of providing behavioral health care to a |
18 | | first responder concerning the first responder and the |
19 | | services provided. "Record" includes the personal notes of the |
20 | | therapist or agency. "Record" includes all records maintained |
21 | | by a court that have been created in connection with, in |
22 | | preparation for, or as a result of the filing of any petition |
23 | | or certificate under Chapter II, Chapter III, or Chapter IV of |
24 | | the Mental Health and Developmental Disabilities Code and |
25 | | includes the petitions, certificates, dispositional reports, |
26 | | treatment plans, and reports of diagnostic evaluations and of |
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1 | | hearings under Article VIII of Chapter III or under Article V |
2 | | of Chapter IV of that Code. "Record" does not include |
3 | | information that has been de-identified in accordance with |
4 | | HIPAA, as specified in 45 CFR 164.514. "Record" does not |
5 | | include a reference to the receipt of behavioral health care |
6 | | noted during a patient history and physical or other summary |
7 | | of care. |
8 | | Section 15. First Responder Behavioral Health Grant |
9 | | Program. |
10 | | (a) Subject to appropriation, there is created within the |
11 | | Department of Human Services a First Responder Behavioral |
12 | | Health Grant Program to provide grants to the following |
13 | | recipients: |
14 | | (1) units of local government; |
15 | | (2) law enforcement agencies; |
16 | | (3) fire protection districts; |
17 | | (4) school districts; |
18 | | (5) public or private hospitals; or |
19 | | (6) ambulance services that employ first responders. |
20 | | (b) The First Responder Behavioral Health Grant Fund is |
21 | | hereby created as a special fund in the State treasury. Moneys |
22 | | in the First Responder Behavioral Health Grant Fund shall be |
23 | | used by the Secretary of Human Services to make grants to |
24 | | eligible recipients as provided in subsection (a). |
25 | | (c) Recipients eligible for grants under this Section |
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1 | | shall use the grants for expenses related to behavioral health |
2 | | care services for first responders, including, but not limited |
3 | | to, telehealth services. An employer may not reduce behavioral |
4 | | health care provided through a first responder's employee |
5 | | benefit package as a result of the receipt of grant funds under |
6 | | this Act. |
7 | | (d) All records, notes, and conclusions by a treatment |
8 | | provider providing behavioral health care to first responders |
9 | | whose employers receive grants under this Act shall not be |
10 | | shared with the employer unless otherwise mandated by law. |
11 | | (e) Applicants seeking grants under this Act shall apply |
12 | | to the Department in a form and manner prescribed by the |
13 | | Department. |
14 | | (f) The Department may adopt any rules necessary to |
15 | | implement this Act.
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16 | | Section 900. The State Finance Act is amended by adding |
17 | | Section 5.970 as follows: |
18 | | (30 ILCS 105/5.970 new) |
19 | | Sec. 5.970. The First Responder Behavioral Health Grant |
20 | | Fund. |