Illinois General Assembly - Full Text of SB2312
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Full Text of SB2312  102nd General Assembly

SB2312sam001 102ND GENERAL ASSEMBLY

Sen. Sara Feigenholtz

Filed: 4/9/2021

 

 


 

 


 
10200SB2312sam001LRB102 09982 KTG 24866 a

1
AMENDMENT TO SENATE BILL 2312

2    AMENDMENT NO. ______. Amend Senate Bill 2312 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
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.

 

 

10200SB2312sam001- 2 -LRB102 09982 KTG 24866 a

1    "Hospital affiliate" has the meaning ascribed to that term
2in Section 10.8 of the Hospital Licensing Act.
3    "Mental health disorder" has the same meaning as "mental
4illness" under Section 1-129 of the Mental Health and
5Developmental Disabilities Code.
6    "Program" means a licensable or fundable activity or
7service, or a coordinated range of such activities or
8services, established or licensed by the Department of Human
9Services.
10    "Substance use disorder" has the same meaning as
11"substance abuse" under Section 1-10 of the Substance Use
12Disorder Act.
13    "Treatment" has the meaning ascribed to that term in
14Section 1-10 of the Substance Use Disorder Act when used in
15reference to treatment for a substance use disorder.
16"Treatment" has the meaning ascribed to that term in Section
171-128 of the Mental Health and Developmental Disabilities Code
18when used in reference to treatment for a mental health
19disorder.
20    (b) It is an unlawful practice for any person to engage in
21misleading or false advertising or promotion that
22misrepresents the need to seek mental health disorder or
23substance use disorder treatment outside of the State of
24Illinois.
25    (c) Any marketing, advertising, promotional, or sales
26materials directed to Illinois residents concerning mental

 

 

10200SB2312sam001- 3 -LRB102 09982 KTG 24866 a

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

 

 

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1fee, a percentage of the treatment program's or facility's
2revenues that are related to the patient, or any other
3remuneration that takes into account the volume or value of
4the referrals to the treatment program or facility. Such
5practice shall also be considered a violation of the
6prohibition against fee splitting in Section 22.2 of the
7Medical Practice Act of 1987 and a violation of the Health Care
8Worker Self-Referral Act. It is not a violation of this
9Section for programs or facilities to enter into personal
10services agreements or management services agreements with
11third parties that do not take into account the volume or value
12of referrals. It is not a violation of this Section for
13programs or facilities to provide discounts for treatment
14services to clients as long as the discount is based on
15financial necessity in accordance with the program's or
16facility's charity care plan, regardless of referral source or
17reason. Compensation paid by programs or facilities to their
18employees and independent contractors related to identifying,
19locating, and securing referrals to that program or facility
20is not a violation of this Section if the amount of
21compensation provided to the employee or independent
22contractor does not vary based upon the volume or value of such
23referrals. This Section does not apply to health insurance
24companies, health maintenance organizations, managed care
25plans, or organizations, including hospitals and hospital
26affiliates licensed in Illinois.

 

 

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1(Source: P.A. 100-1058, eff. 1-1-19; 100-1188, eff. 4-5-19;
2101-81, eff. 7-12-19.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".