Rep. Sara Feigenholtz

Filed: 11/26/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3102

2    AMENDMENT NO. ______. Amend Senate Bill 3102 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by changing Section 2VVV as follows:
 
6    (815 ILCS 505/2VVV)
7    Sec. 2VVV. Deceptive marketing, advertising, and sale of
8mental health disorder and substance use disorder treatment.
9    (a) As used in this Section:
10    "Facility" has the meaning ascribed to that term in Section
111-10 of the Substance Use Disorder Alcoholism and Other Drug
12Abuse and Dependency Act when used in reference to a facility
13that provides substance use disorder treatment. "Facility" has
14the same meaning as "mental health facility" under Section
151-114 of the Mental Health and Developmental Disabilities Code
16when used in reference to a facility that provides mental

 

 

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1health disorder treatment.
2    "Hospital affiliate" has the meaning ascribed to that term
3in Section 10.8 of the Hospital Licensing Act.
4    "Mental health disorder" has the same meaning as "mental
5illness" under Section 1-129 of the Mental Health and
6Developmental Disabilities Code.
7    "Program" means a licensable or fundable activity or
8service, or a coordinated range of such activities or services,
9established or licensed by the Department of Human Services.
10has the meaning ascribed to that term in Section 1-10 of the
11Alcoholism and Other Drug Abuse and Dependency Act.
12    "Substance use disorder" has the same meaning as "substance
13abuse" under Section 1-10 of the Substance Use Disorder
14Alcoholism and Other Drug Abuse and Dependency Act.
15    "Treatment" has the meaning ascribed to that term in
16Section 1-10 of the Substance Use Disorder Alcoholism and Other
17Drug Abuse and Dependency Act when used in reference to
18treatment for a substance use disorder. "Treatment" has the
19meaning ascribed to that term in Section 1-128 of the Mental
20Health and Developmental Disabilities Code when used in
21reference to treatment for a mental health disorder.
22    (b) It is an unlawful practice for any person to engage in
23misleading or false advertising or promotion that
24misrepresents the need to seek mental health disorder or
25substance use disorder treatment outside of the State of
26Illinois.

 

 

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1    (c) Any marketing, advertising, promotional, or sales
2materials directed to Illinois residents concerning mental
3health disorder or substance use disorder treatment must:
4        (1) prominently display or announce the full physical
5    address of the treatment program or facility;
6        (2) display whether the treatment program or facility
7    is licensed in the State of Illinois;
8        (3) display whether the treatment program or facility
9    has locations in Illinois;
10        (4) display whether the services provided by the
11    treatment program or facility are covered by an insurance
12    policy issued to an Illinois resident;
13        (5) display whether the treatment program or facility
14    is an in-network or out-of-network provider;
15        (6) include a link to the Internet website for the
16    Department of Human Services' Division of Mental Health and
17    Division of Substance Use Prevention and Recovery
18    Alcoholism and Substance Abuse, or any successor State
19    agency that provides information regarding licensed
20    providers of services; and
21        (7) disclose that mental health disorder and substance
22    use disorder treatment may be available at a reduced cost
23    or for free for Illinois residents within the State of
24    Illinois.
25    (d) It is an unlawful practice for any person to enter into
26an arrangement under which a patient seeking mental health

 

 

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1disorder or substance use disorder treatment is referred to a
2mental health disorder or substance use disorder treatment
3program or facility in exchange for a fee, a percentage of the
4treatment program's or facility's revenues that are related to
5the patient, or any other remuneration that takes into account
6the volume or value of the referrals to the treatment program
7or facility. Such practice shall also be considered a violation
8of the prohibition against fee splitting in Section 22.2 of the
9Medical Practice Act of 1987 and a violation of the Health Care
10Worker Self-Referral Act. This Section does not apply to health
11insurance companies, health maintenance organizations, managed
12care plans, or organizations, including hospitals and hospital
13affiliates licensed in Illinois.
14(Source: P.A. 100-1058, eff. 1-1-19; revised 10-9-18.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".