Illinois General Assembly - Full Text of HB1321
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Full Text of HB1321  102nd General Assembly


Rep. Lindsey LaPointe

Filed: 4/5/2022





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2    AMENDMENT NO. ______. Amend House Bill 1321 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the First
5Responder Mental Health Grant Program Act.
6    Section 5. Legislative intent.
7    (a) The General Assembly recognizes the difficult nature
8of the job of first responder, including trauma endured by
9first responders in the performance of their duties.
10    (b) It is the intent of the General Assembly to ensure that
11first responders, including police, firefighters, emergency
12medical technicians, and public safety telecommunicators
13across this State have full access to supportive and
14responsive behavioral health services and treatment.
15    (c) The General Assembly recognizes that these services
16should be responsive to the individual's needs and must be



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1kept confidential.
2    (d) The General Assembly recognizes that the
3administration and provision of these services both recognize
4and reduce the historical barrier of stigma and a lack of
5confidentiality that first responders face when attempting to
6access behavioral health services and treatment.
7    Section 10. Definitions. In this Act:
8    "Behavioral health" means mental health, health relating
9to substance use, or both.
10    "Behavioral health care" means services, treatment,
11medication, and other measures to overcome, mitigate, or
12prevent a behavioral health issue. These services, treatment,
13medication, and other measures qualify as "behavioral health
14care" even if there is no formal diagnosis of a specific
16    "Department" means the Department of Human Services.
17    "First responder" means a law enforcement officer,
18firefighter, emergency medical services personnel as defined
19in Section 3.5 of the Emergency Medical Services (EMS) Systems
20Act, or public safety telecommunicator as defined in Section 2
21of the Emergency Telephone Systems Act.
22    "Record" means any record kept by a therapist or by an
23agency in the course of providing behavioral health care to a
24first responder concerning the first responder and the
25services provided. "Record" includes the personal notes of the



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1therapist or agency. "Record" includes all records maintained
2by a court that have been created in connection with, in
3preparation for, or as a result of the filing of any petition
4or certificate under Chapter II, Chapter III, or Chapter IV of
5the Mental Health and Developmental Disabilities Code and
6includes the petitions, certificates, dispositional reports,
7treatment plans, and reports of diagnostic evaluations and of
8hearings under Article VIII of Chapter III or under Article V
9of Chapter IV of that Code. "Record" does not include
10information that has been de-identified in accordance with
11HIPAA, as specified in 45 CFR 164.514. "Record" does not
12include a reference to the receipt of behavioral health care
13noted during a patient history and physical or other summary
14of care.
15    Section 15. First Responder Behavioral Health Grant
17    (a) Subject to appropriation, there is created within the
18Department of Human Services a First Responder Behavioral
19Health Grant Program to provide grants to the following
21        (1) units of local government;
22        (2) law enforcement agencies;
23        (3) fire protection districts;
24        (4) school districts;
25        (5) public or private hospitals; or



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1        (6) ambulance services that employ first responders.
2    (b) There is created a First Responder Behavioral Health
3Grant Fund in the State treasury that shall be used by the
4Secretary of Human Services to make grants to the eligible
5recipients as provided in subsection (a).
6    (c) Recipients eligible for grants under this Section
7shall use the grants for expenses related to behavioral health
8care services for first responders, including, but not limited
9to, telehealth services. An employer may not reduce behavioral
10health care provided through a first responder's employee
11benefit package as a result of the receipt of grant funds under
12this Act.
13    (d) All records, notes, and conclusions by a treatment
14provider providing behavioral health care to first responders
15whose employers receive grants under this Act shall not be
16shared with the employer unless otherwise mandated by law.
17    (e) Applicants seeking grants under this Act shall apply
18to the Department in a form and manner prescribed by the
20    (f) The Department may adopt any rules necessary to
21implement this Act.".