HB5264 102ND GENERAL ASSEMBLY

LRB102 26064 KTG 35521 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5264

Introduced 1/31/2022, by Rep. Denyse Wang Stoneback

SYNOPSIS AS INTRODUCED:

5 ILCS 140/7	from Ch. 116, par. 207
20 ILCS 1705/76.2 new

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that subject to appropriation, beginning with the 2023-2024 academic year, the Department of Human Services shall establish and administer the Mental Health Clinician Tuition Assistance and Student Loan Forgiveness Program for the purpose of recruiting and retaining high-performing individuals who are employed as mental health clinicians committed to providing direct care services to Medicaid patients for a contracted or subcontracted provider of the Department or another State agency. Provides that under the program, the Department shall provide financial assistance to individuals who (1) are students at a participating university and have declared an intent to seek and maintain employment for 5 years as mental health clinicians providing direct care services to Medicaid patients; or (2) are graduates of a participating university who work as mental health clinicians providing direct care to Medicaid patients and will commit to work for 5 years as mental health clinicians providing direct care to Medicaid patients. Provides that the Department shall award an undergraduate forgivable loan in an amount that is sufficient to cover the cost of tuition, university fees, and books each year for a maximum of 2 academic years to a student if certain criteria are met. Provides that the Department shall award financial assistance for repayment of a higher education student loan each year for a maximum of 2 years to a graduate of a participating university who works as a mental health clinician if certain criteria are met. Contains provisions concerning the application process; promotion of the program by participating universities; the repayment of financial assistance when a recipient fails to comply with employment requirements; reporting requirements; and other matters. Effective immediately.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. The Freedom of Information Act is amended by changing Section 7 as follows:

(5 ILCS 140/7) (from Ch. 116, par. 207)

Sec. 7. Exemptions.

(1) When a request is made to inspect or copy a public record that contains information that is exempt from disclosure under this Section, but also contains information that is not exempt from disclosure, the public body may elect to redact the information that is exempt. The public body shall make the remaining information available for inspection and copying. Subject to this requirement, the following shall be exempt from inspection and copying:

(a) Information specifically prohibited from disclosure by federal or State law or rules and regulations implementing federal or State law.

(b) Private information, unless disclosure is required by another provision of this Act, a State or federal law or a court order.

(b-5) Files, documents, and other data or databases maintained by one or more law enforcement agencies and specifically designed to provide information to one or more law enforcement agencies regarding the physical or mental status of one or more individual subjects.

(c) Personal information contained within public records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. "Unwarranted invasion of personal privacy" means the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject's right to privacy outweighs any legitimate public interest in obtaining the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy.

(d) Records in the possession of any public body created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes, but only to the extent that disclosure would:

(i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency that is the recipient of the request;

(ii) interfere with active administrative enforcement proceedings conducted by the public body that is the recipient of the request;

(iii) create a substantial likelihood that a person will be deprived of a fair trial or an impartial hearing;

(iv) unavoidably disclose the identity of a confidential source, confidential information furnished only by the confidential source, or persons who file complaints with or provide information to administrative, investigative, law enforcement, or penal agencies; except that the identities of witnesses to traffic accidents, traffic accident reports, and rescue reports shall be provided by agencies of local government, except when disclosure would interfere with an active criminal investigation conducted by the agency that is the recipient of the request;

(v) disclose unique or specialized investigative techniques other than those generally used and known or disclose internal documents of correctional agencies related to detection, observation or investigation of incidents of crime or misconduct, and disclosure would result in demonstrable harm to the agency or public body that is the recipient of the request;

(vi) endanger the life or physical safety of law enforcement personnel or any other person; or

(vii) obstruct an ongoing criminal investigation by the agency that is the recipient of the request.

(d-5) A law enforcement record created for law enforcement purposes and contained in a shared electronic record management system if the law enforcement agency that is the recipient of the request did not create the record, did not participate in or have a role in any of the events which are the subject of the record, and only has access to the record through the shared electronic record management system.

(d-6) Records contained in the Officer Professional Conduct Database under Section 9.2 9.4 of the Illinois Police Training Act, except to the extent authorized under that Section. This includes the documents supplied to the Illinois Law Enforcement Training Standards Board from the Illinois State Police and Illinois State Police Merit Board.

(e) Records that relate to or affect the security of correctional institutions and detention facilities.

(e-5) Records requested by persons committed to the Department of Corrections, Department of Human Services Division of Mental Health, or a county jail if those materials are available in the library of the correctional institution or facility or jail where the inmate is confined.

(e-6) Records requested by persons committed to the Department of Corrections, Department of Human Services Division of Mental Health, or a county jail if those materials include records from staff members' personnel files, staff rosters, or other staffing assignment information.

(e-7) Records requested by persons committed to the Department of Corrections or Department of Human Services Division of Mental Health if those materials are available through an administrative request to the Department of Corrections or Department of Human Services Division of Mental Health.

(e-8) Records requested by a person committed to the Department of Corrections, Department of Human Services Division of Mental Health, or a county jail, the disclosure of which would result in the risk of harm to any person or the risk of an escape from a jail or correctional institution or facility.

(e-9) Records requested by a person in a county jail or committed to the Department of Corrections or Department of Human Services Division of Mental Health, containing personal information pertaining to the person's victim or the victim's family, including, but not limited to, a victim's home address, home telephone number, work or school address, work telephone number, social security number, or any other identifying information, except as may be relevant to a requester's current or potential case or claim.

(e-10) Law enforcement records of other persons requested by a person committed to the Department of Corrections, Department of Human Services Division of Mental Health, or a county jail, including, but not limited to, arrest and booking records, mug shots, and crime scene photographs, except as these records may be relevant to the requester's current or potential case or claim.

(f) Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body. The exemption provided in this paragraph (f) extends to all those records of officers and agencies of the General Assembly that pertain to the preparation of legislative documents.

(g) Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged, or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business, and only insofar as the claim directly applies to the records requested.

The information included under this exemption includes all trade secrets and commercial or financial information obtained by a public body, including a public pension fund, from a private equity fund or a privately held company within the investment portfolio of a private equity fund as a result of either investing or evaluating a potential investment of public funds in a private equity fund. The exemption contained in this item does not apply to the aggregate financial performance information of a private equity fund, nor to the identity of the fund's managers or general partners. The exemption contained in this item does not apply to the identity of a privately held company within the investment portfolio of a private equity fund, unless the disclosure of the identity of a privately held company may cause competitive harm.

Nothing contained in this paragraph (g) shall be construed to prevent a person or business from consenting to disclosure.

(h) Proposals and bids for any contract, grant, or agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person proposing to enter into a contractor agreement with the body, until an award or final selection is made. Information prepared by or for the body in preparation of a bid solicitation shall be exempt until an award or final selection is made.

(i) Valuable formulae, computer geographic systems, designs, drawings and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss. The exemption for "computer geographic systems" provided in this paragraph (i) does not extend to requests made by news media as defined in Section 2 of this Act when the requested information is not otherwise exempt and the only purpose of the request is to access and disseminate information regarding the health, safety, welfare, or legal rights of the general public.

(j) The following information pertaining to educational matters:

(i) test questions, scoring keys and other examination data used to administer an academic examination;

(ii) information received by a primary or secondary school, college, or university under its procedures for the evaluation of faculty members by their academic peers;

(iii) information concerning a school or university's adjudication of student disciplinary cases, but only to the extent that disclosure would unavoidably reveal the identity of the student; and

(iv) course materials or research materials used by faculty members.

(k) Architects' plans, engineers' technical submissions, and other construction related technical documents for projects not constructed or developed in whole or in part with public funds and the same for projects constructed or developed with public funds, including, but not limited to, power generating and distribution stations and other transmission and distribution facilities, water treatment facilities, airport facilities, sport stadiums, convention centers, and all government owned, operated, or occupied buildings, but only to the extent that disclosure would compromise security.

(l) Minutes of meetings of public bodies closed to the public as provided in the Open Meetings Act until the public body makes the minutes available to the public under Section 2.06 of the Open Meetings Act.

(m) Communications between a public body and an attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil, or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies.

(n) Records relating to a public body's adjudication of employee grievances or disciplinary cases; however, this exemption shall not extend to the final outcome of cases in which discipline is imposed.

(o) Administrative or technical information associated with automated data processing operations, including, but not limited to, software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials exempt under this Section.

(p) Records relating to collective negotiating matters between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying.

(q) Test questions, scoring keys, and other examination data used to determine the qualifications of an applicant for a license or employment.

(r) The records, documents, and information relating to real estate purchase negotiations until those negotiations have been completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under the Eminent Domain Act, records, documents, and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records, documents, and information relating to a real estate sale shall be exempt until a sale is consummated.

(s) Any and all proprietary information and records related to the operation of an intergovernmental risk management association or self-insurance pool or jointly self-administered health and accident cooperative or pool. Insurance or self insurance (including any intergovernmental risk management association or self insurance pool) claims, loss or risk management information, records, data, advice or communications.

(t) Information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of a public body responsible for the regulation or supervision of financial institutions, insurance companies, or pharmacy benefit managers, unless disclosure is otherwise required by State law.

(u) Information that would disclose or might lead to the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended to be used to create electronic signatures under the Uniform Electronic Transactions Act.

(v) Vulnerability assessments, security measures, and response policies or plans that are designed to identify, prevent, or respond to potential attacks upon a community's population or systems, facilities, or installations, the destruction or contamination of which would constitute a clear and present danger to the health or safety of the community, but only to the extent that disclosure could reasonably be expected to jeopardize the effectiveness of the measures or the safety of the personnel who implement them or the public. Information exempt under this item may include such things as details pertaining to the mobilization or deployment of personnel or equipment, to the operation of communication systems or protocols, or to tactical operations.

(w) (Blank).

(x) Maps and other records regarding the location or security of generation, transmission, distribution, storage, gathering, treatment, or switching facilities owned by a utility, by a power generator, or by the Illinois Power Agency.

(y) Information contained in or related to proposals, bids, or negotiations related to electric power procurement under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities Act that is determined to be confidential and proprietary by the Illinois Power Agency or by the Illinois Commerce Commission.

(z) Information about students exempted from disclosure under Sections 10-20.38 or 34-18.29 of the School Code, and information about undergraduate students enrolled at an institution of higher education exempted from disclosure under Section 25 of the Illinois Credit Card Marketing Act of 2009.

(aa) Information the disclosure of which is exempted under the Viatical Settlements Act of 2009.

(bb) Records and information provided to a mortality review team and records maintained by a mortality review team appointed under the Department of Juvenile Justice Mortality Review Team Act.

(cc) Information regarding interments, entombments, or inurnments of human remains that are submitted to the Cemetery Oversight Database under the Cemetery Care Act or the Cemetery Oversight Act, whichever is applicable.

(dd) Correspondence and records (i) that may not be disclosed under Section 11-9 of the Illinois Public Aid Code or (ii) that pertain to appeals under Section 11-8 of the Illinois Public Aid Code.

(ee) The names, addresses, or other personal information of persons who are minors and are also participants and registrants in programs of park districts, forest preserve districts, conservation districts, recreation agencies, and special recreation associations.

(ff) The names, addresses, or other personal information of participants and registrants in programs of park districts, forest preserve districts, conservation districts, recreation agencies, and special recreation associations where such programs are targeted primarily to minors.

(gg) Confidential information described in Section 1-100 of the Illinois Independent Tax Tribunal Act of 2012.

(hh) The report submitted to the State Board of Education by the School Security and Standards Task Force under item (8) of subsection (d) of Section 2-3.160 of the School Code and any information contained in that report.

(ii) Records requested by persons committed to or detained by the Department of Human Services under the Sexually Violent Persons Commitment Act or committed to the Department of Corrections under the Sexually Dangerous Persons Act if those materials: (i) are available in the library of the facility where the individual is confined; (ii) include records from staff members' personnel files, staff rosters, or other staffing assignment information; or (iii) are available through an administrative request to the Department of Human Services or the Department of Corrections.

(jj) Confidential information described in Section 5-535 of the Civil Administrative Code of Illinois.

(kk) The public body's credit card numbers, debit card numbers, bank account numbers, Federal Employer Identification Number, security code numbers, passwords, and similar account information, the disclosure of which could result in identity theft or impression or defrauding of a governmental entity or a person.

(ll) Records concerning the work of the threat assessment team of a school district.

(mm) Confidential information described in Section (o) of Section 76.2 of the Mental Health and Developmental Disabilities Administrative Act.

(1.5) Any information exempt from disclosure under the Judicial Privacy Act shall be redacted from public records prior to disclosure under this Act.

(2) A public record that is not in the possession of a public body but is in the possession of a party with whom the agency has contracted to perform a governmental function on behalf of the public body, and that directly relates to the governmental function and is not otherwise exempt under this Act, shall be considered a public record of the public body, for purposes of this Act.

(3) This Section does not authorize withholding of information or limit the availability of records to the public, except as stated in this Section or otherwise provided in this Act.

(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. 6-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)

Section 5. The Mental Health and Developmental Disabilities Administrative Act is amended by adding Section 76.2 as follows:

(20 ILCS 1705/76.2 new)

Sec. 76.2. Mental Health Clinicians Tuition Assistance and Student Loan Forgiveness Program.

(a) Purpose. The purpose of this Section is to improve mental health services for Illinois residents by expanding the community of mental health clinicians who directly provide services and care to Medicaid patients.

(b) Definitions. As used in this Section:

"Eligible applicant" means a student who is enrolled in a program of study at a participating university and who meets all of the qualifications and requirements under this Section or a person who works as a mental health clinician who meets all the qualifications and requirements under this Section.

"Mental health clinician" means:

(1) any person licensed to provide substance use treatment or services in accordance with Section 15-10 of the Substance Use Disorder Act who provides direct care services to Medicaid patients for a contracted or subcontracted provider of the Department or another State agency;

(2) any licensed advanced practice psychiatric nurse, licensed clinical professional counselor, licensed clinical psychologist, licensed psychiatrist, licensed physician, licensed clinical social worker, qualified intellectual disabilities professional, or qualified examiner as those terms are defined in the Mental Health and Developmental Disabilities Code who provides direct care services to Medicaid patients for a contracted or subcontracted provider of the Department or another State agency;

(3) any psychotherapist who provides direct care services to Medicaid patients for a contracted or subcontracted provider of the Department or another State agency;

(4) any other person whose employment is devoted to providing mental health or substance use treatment or services and who provides direct care services to Medicaid patients for a contracted or subcontracted provider of the Department or another State agency.

"Mental health clinician" excludes any professional listed under paragraphs (1) through (4) who only has supervisory responsibilities.

"Participating university" means a public university in this State that is a party to an intergovernmental agreement entered into with the Department in order to participate in the program established under this Section.

"Tuition, university fees, and books" includes the customary charge for instruction and books or course material and the additional fixed fees charged for specified purposes that are required generally of students who are not program applicants under this Section for each academic year for which a program applicant under this Section actually enrolls, but does not include room and board, transportation fees, fees payable only once, breakage fees, and other contingent deposits that are refundable in whole or in part. The Department may adopt, by rule not inconsistent with this Section, detailed provisions concerning the computation of tuition, university fees, and books.

(c) Subject to appropriation, beginning with the 2023-2024 academic year, the Department shall establish and administer the Mental Health Clinician Tuition Assistance and Student Loan Forgiveness Program for the purpose of recruiting and retaining high-performing individuals who are employed as mental health clinicians committed to providing direct care services to Medicaid patients for a contracted or subcontracted provider of the Department or another State agency. The Department shall enter intergovernmental agreements with public universities in this State to participate in the program. Under the program, the Department shall provide financial assistance to an individual who:

(1) is a student at a participating university and has declared an intent to seek and maintain employment for 5 years as a mental health clinician providing direct care services to Medicaid patients for a contracted or subcontracted provider of the Department or another State agency; or

(2) is a graduate of a participating university who works as a mental health clinician providing direct care to Medicaid patients and will commit to work for 5 years as a mental health clinician providing direct care to Medicaid patients for a contracted or subcontracted provider of the Department or another State agency.

(d) The Department shall award an undergraduate forgivable loan in an amount that is sufficient to cover the cost of tuition, university fees, and books each year for a maximum of 2 academic years to a student under paragraph (1) of subsection (c) if the participating university finds that the applicant meets all of the following criteria:

(1) The applicant is a resident of this State and a citizen or eligible noncitizen of the United States.

(2) The applicant has committed to providing 5 years of direct care services to Medicaid patients as a mental health clinician for a contracted or subcontracted provider of the Department or another State agency.

(3) The applicant has attained at least a junior standing at the participating university.

(4) The applicant is a student in good standing and meets the minimum requirements established by the participating university, including maintaining a satisfactory grade point average.

(e) The Department shall award financial assistance for repayment of a higher education student loan each year for a maximum of 2 years to a graduate of a participating university under paragraph (2) of subsection (c) if the applicant meets all of the following criteria:

(1) The applicant is a resident of this State and a citizen or eligible noncitizen of the United States.

(2) The applicant has worked as a mental health clinician providing direct care services to Medicaid patients for a contracted or subcontracted provider of the Department or another State agency.

(3) The applicant has either (i) worked less than 5 years and has committed to working 5 years as a mental health clinician providing direct care services to Medicaid patients for a contracted or subcontracted provider of the Department or another State agency, or (ii) worked 5 years as a mental health clinician providing direct care services to Medicaid patients for a contracted or subcontracted provider of the Department or another State agency.

(f) Each participating university shall determine renewal criteria for assistance consistent with the requirements of this Section.

(g) For applicants who meet the criteria under subsection (e), all applications for financial assistance shall be made to the Department. The form of application and the information required to be set forth in the application shall be determined by the Department, and the Department shall require applicants to submit with their application such supporting documents as the Department deems necessary.

(h) Each participating university shall post on its Internet website the criteria and eligibility requirements to receive financial assistance under this Section and must identify that such financial assistance is for a maximum of 2 academic years, with the total amount of financial assistance awarded to an eligible applicant not to exceed the cost of tuition, university fees, and books or a higher education student loan. This information must also be reported to the Department and the Board of Higher Education, and the Department and the Board shall post the information on their respective Internet websites.

(i) Prior to receiving financial assistance for any academic year, an eligible applicant under this Section shall be required by the participating university to sign an agreement with the Department under which the eligible applicant pledges that, within 6 months from the date of the eligible applicant's graduation from the participating university for which financial assistance was paid by the Department, the eligible applicant must search for, apply to, and accept full-time employment as a mental health clinician providing direct care services to Medicaid patients for a contracted or subcontracted provider of the Department or another State agency. The recipient of financial assistance must, for at least 5 years, maintain such employment.

(j) If the recipient of financial assistance under this Section fails to search for, apply to, and accept full-time employment as required under subsection (i) within 6 months following his or her graduation from a participating university, the Department shall require the recipient to begin to repay the total amount of any financial assistance received within 90 calendar days after the end of the 6-month period or as agreed to by the Department. The repayment amount shall be prorated according to the fraction of the employment obligation not completed, at a rate of interest equal to 5%, and, if applicable, reasonable attorney's and collection fees. All repayments collected under this Section shall be forwarded to the State Comptroller for deposit into the fund from which the financial assistance was paid.

(k) A student recipient of financial assistance under this Section must immediately notify the participating university and the Department of any changes to the recipient's enrollment status or if the recipient withdraws from the academic program for which the recipient was awarded financial assistance in accordance with this Section.

(l) If a recipient's qualified employment is terminated for any reason other than for cause, within 90 calendar days from the recipient's termination of full-time employment, the recipient must search for, apply to, and accept new, qualified, full-time employment as a mental health clinician providing direct care services to Medicaid patients for a contracted or subcontracted provider of the Department or another State agency, otherwise the recipient must repay the awarded financial assistance to the Department.

(m) If a recipient's qualified employment is terminated for cause prior to the completion of the program's 5-year employment requirement, the recipient shall repay the total amount of financial assistance received under the program within 90 calendar days from termination or as agreed to by the Department. The amount of repayment owed by the recipient shall be prorated based on the amount of the employment requirement that has been satisfied.

(n) On or before October 1, 2024 and each October 1 thereafter for the duration of the Mental Health Clinician Tuition Assistance and Student Loan Forgiveness Program, the Department shall provide a report and evaluation of the results of the program at each participating university to the General Assembly and the Governor. Each participating university shall track a student's eligibility under the program, the completion of educational requirements, the costs of each student's tuition, university fees, and books, and the application of the recipient's loan amount during the recipient's enrollment at the participating university. The report shall also track a graduate applicant's eligibility under the program. The report shall also include the location in this State where each recipient was hired and shall identify the State contracted or subcontracted provider that hired the recipient, the duration of the recipient's employment with the State contracted or subcontracted provider, and the termination date of the recipient's employment.

(o) The sharing and reporting of student data under subsection (n) shall be in accordance with the federal Family Educational Rights and Privacy Act of 1974 and the Illinois School Student Records Act. All parties under this Section must preserve the confidentiality of information as required by law. The names of financial assistance recipients under this Section are not subject to disclosure under the Freedom of Information Act.

(p) The Department shall adopt rules to implement this Section and may adopt rules relating to its collection activities for the repayment of any financial assistance provided under this Section.

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