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Full Text of SB2312  102nd General Assembly

SB2312 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2312

 

Introduced 2/26/2021, by Sen. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 505/2VVV

    Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a violation of the federal Eliminating Kickbacks in Recovery Act of 2018 constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act. Effective immediately.


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A BILL FOR

 

SB2312LRB102 09982 JLS 15300 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
11Section 1-10 of the Substance Use Disorder Act when used in
12reference to a facility that provides substance use disorder
13treatment. "Facility" has the same meaning as "mental health
14facility" under Section 1-114 of the Mental Health and
15Developmental Disabilities Code when used in reference to a
16facility that provides mental health disorder treatment.
17    "Hospital affiliate" has the meaning ascribed to that term
18in Section 10.8 of the Hospital Licensing Act.
19    "Mental health disorder" has the same meaning as "mental
20illness" under Section 1-129 of the Mental Health and
21Developmental Disabilities Code.
22    "Program" means a licensable or fundable activity or
23service, or a coordinated range of such activities or

 

 

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1services, established or licensed by the Department of Human
2Services.
3    "Substance use disorder" has the same meaning as
4"substance abuse" under Section 1-10 of the Substance Use
5Disorder Act.
6    "Treatment" has the meaning ascribed to that term in
7Section 1-10 of the Substance Use Disorder Act when used in
8reference to treatment for a substance use disorder.
9"Treatment" has the meaning ascribed to that term in Section
101-128 of the Mental Health and Developmental Disabilities Code
11when used in reference to treatment for a mental health
12disorder.
13    (b) It is an unlawful practice for any person to engage in
14misleading or false advertising or promotion that
15misrepresents the need to seek mental health disorder or
16substance use disorder treatment outside of the State of
17Illinois.
18    (c) Any marketing, advertising, promotional, or sales
19materials directed to Illinois residents concerning mental
20health disorder or substance use disorder treatment must:
21        (1) prominently display or announce the full physical
22    address of the treatment program or facility;
23        (2) display whether the treatment program or facility
24    is licensed in the State of Illinois;
25        (3) display whether the treatment program or facility
26    has locations in Illinois;

 

 

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1        (4) display whether the services provided by the
2    treatment program or facility are covered by an insurance
3    policy issued to an Illinois resident;
4        (5) display whether the treatment program or facility
5    is an in-network or out-of-network provider;
6        (6) include a link to the Internet website for the
7    Department of Human Services' Division of Mental Health
8    and Division of Substance Use Prevention and Recovery, or
9    any successor State agency that provides information
10    regarding licensed providers of services; and
11        (7) disclose that mental health disorder and substance
12    use disorder treatment may be available at a reduced cost
13    or for free for Illinois residents within the State of
14    Illinois.
15    (d) It is an unlawful practice for any person to enter into
16an arrangement under which a patient seeking mental health
17disorder or substance use disorder treatment is referred to a
18mental health disorder or substance use disorder treatment
19program or facility in exchange for a fee, a percentage of the
20treatment program's or facility's revenues that are related to
21the patient, or any other remuneration that takes into account
22the volume or value of the referrals to the treatment program
23or facility. Such practice shall also be considered a
24violation of the prohibition against fee splitting in Section
2522.2 of the Medical Practice Act of 1987 and a violation of the
26Health Care Worker Self-Referral Act. A violation of the

 

 

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1federal Eliminating Kickbacks in Recovery Act of 2018, 18
2U.S.C. 220, constitutes a violation of this Section. Any
3exception to liability available under the federal Eliminating
4Kickbacks in Recovery Act shall be available under this
5Section. This Section does not apply to health insurance
6companies, health maintenance organizations, managed care
7plans, or organizations, including hospitals and hospital
8affiliates licensed in Illinois.
9(Source: P.A. 100-1058, eff. 1-1-19; 100-1188, eff. 4-5-19;
10101-81, eff. 7-12-19.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.