HB5360 102ND GENERAL ASSEMBLY

LRB102 23928 KTG 33127 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5360

Introduced 1/31/2022, by Rep. Tim Butler

SYNOPSIS AS INTRODUCED:

305 ILCS 5/5-46 new

Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services, in collaboration with the Department of Human Services, to allow current Division of Substance Use Prevention and Recovery licensed and Medicaid certified level 3.5, 3.5D, and 3.7D programs, with existing capacity, to provide more than 16 beds per unit and to receive reimbursement under the medical assistance program for medical assistance recipients.

A BILL FOR

AN ACT concerning public aid.

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

Section 5. The Illinois Public Aid Code is amended by adding Section 5-46 as follows:

(305 ILCS 5/5-46 new)

Sec. 5-46. Substance use disorder residential programs.

(a) Findings.

(1) The most recent National Survey on Drug Use and Health by the Substance Use and Mental Health Services Administration (SAMHSA) shows that approximately 247,000 people in Illinois needed treatment at a specialty facility for drug use but were not able to get it.

(2) The number of Illinois deaths related to opioid overdose has more than doubled since 2013 with a high in 2020 of almost 3,000.

(3) The Center for Medicare and Medicaid Services' Institutions for Mental Disease (IMD) Exclusion, which has existed within the Medicaid system since 1965, prohibits a federal matching payment for a service rendered to an individual between the ages of 21 and 64 receiving treatment in an IMD. (An IMD is a facility with more than 16 beds that cares for individuals with mental illness. In the context of an IMD, a substance use disorder is considered a mental disease.)

(4) The Department of Healthcare and Family Services received authorization under a federally approved 1115 Waiver to allow select licensed substance use disorder residential programs to provide Medicaid-covered residential substance use disorder services.

(5) The Department of Human Services currently licenses substance use disorder programs with existing bed capacity for adult residential American Society of Addiction Medicine (ASAM) 3.5, 3.5D, and 3.7D programs.

(b) Reimbursement. The Department of Healthcare and Family Services, in collaboration with the Department of Human Services, shall allow current Division of Substance Use Prevention and Recovery licensed and Medicaid certified level 3.5, 3.5D, and 3.7D programs, with existing capacity, to provide more than 16 beds per unit and to receive reimbursement under the medical assistance program for medical assistance recipients.