Illinois General Assembly - Full Text of SB0726
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB0726  103rd General Assembly

SB0726sam001 103RD GENERAL ASSEMBLY

Sen. Sara Feigenholtz

Filed: 4/17/2024

 

 


 

 


 
10300SB0726sam001LRB103 03199 RLC 72352 a

1
AMENDMENT TO SENATE BILL 726

2    AMENDMENT NO. ______. Amend Senate Bill 726 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing and
5renumbering Section 2-3.196, as added by Public Act 103-546,
6as follows:
 
7    (105 ILCS 5/2-3.203)
8    Sec. 2-3.203 2-3.196. Mental health screenings.
9    (a) On or before December 15, 2023, the State Board of
10Education, in consultation with the Children's Behavioral
11Health Transformation Officer, Children's Behavioral Health
12Transformation Team, and the Office of the Governor, shall
13file a report with the Governor and the General Assembly that
14includes recommendations for implementation of mental health
15screenings in schools for students enrolled in kindergarten
16through grade 12. This report must include a landscape scan of

 

 

10300SB0726sam001- 2 -LRB103 03199 RLC 72352 a

1current district-wide screenings, recommendations for
2screening tools, training for staff, and linkage and referral
3for identified students.
4    (b) On or before October 1, 2024, the State Board of
5Education, in consultation with the Children's Behavioral
6Health Transformation Team, the Office of the Governor, and
7relevant stakeholders as needed shall release a strategy that
8includes a tool for measuring capacity and readiness to
9implement universal mental health screening of students. The
10strategy shall build upon existing efforts to understand
11district needs for resources, technology, training, and
12infrastructure supports. The strategy shall include a
13framework for supporting districts in a phased approach to
14implement universal mental health screenings. The State Board
15of Education shall issue a report to the Governor and the
16General Assembly on school district readiness and plan for
17phased approach to universal mental health screening of
18students on or before April 1, 2025.
19(Source: P.A. 103-546, eff. 8-11-23; revised 9-25-23.)
 
20    (105 ILCS 155/Act rep.)
21    Section 10. The Wellness Checks in Schools Program Act is
22repealed.
 
23    Section 15. The Illinois Public Aid Code is amended by
24changing Section 5-30.1 as follows:
 

 

 

10300SB0726sam001- 3 -LRB103 03199 RLC 72352 a

1    (305 ILCS 5/5-30.1)
2    Sec. 5-30.1. Managed care protections.
3    (a) As used in this Section:
4    "Managed care organization" or "MCO" means any entity
5which contracts with the Department to provide services where
6payment for medical services is made on a capitated basis.
7    "Emergency services" include:
8        (1) emergency services, as defined by Section 10 of
9    the Managed Care Reform and Patient Rights Act;
10        (2) emergency medical screening examinations, as
11    defined by Section 10 of the Managed Care Reform and
12    Patient Rights Act;
13        (3) post-stabilization medical services, as defined by
14    Section 10 of the Managed Care Reform and Patient Rights
15    Act; and
16        (4) emergency medical conditions, as defined by
17    Section 10 of the Managed Care Reform and Patient Rights
18    Act.
19    (b) As provided by Section 5-16.12, managed care
20organizations are subject to the provisions of the Managed
21Care Reform and Patient Rights Act.
22    (c) An MCO shall pay any provider of emergency services
23that does not have in effect a contract with the contracted
24Medicaid MCO. The default rate of reimbursement shall be the
25rate paid under Illinois Medicaid fee-for-service program

 

 

10300SB0726sam001- 4 -LRB103 03199 RLC 72352 a

1methodology, including all policy adjusters, including but not
2limited to Medicaid High Volume Adjustments, Medicaid
3Percentage Adjustments, Outpatient High Volume Adjustments,
4and all outlier add-on adjustments to the extent such
5adjustments are incorporated in the development of the
6applicable MCO capitated rates.
7    (d) An MCO shall pay for all post-stabilization services
8as a covered service in any of the following situations:
9        (1) the MCO authorized such services;
10        (2) such services were administered to maintain the
11    enrollee's stabilized condition within one hour after a
12    request to the MCO for authorization of further
13    post-stabilization services;
14        (3) the MCO did not respond to a request to authorize
15    such services within one hour;
16        (4) the MCO could not be contacted; or
17        (5) the MCO and the treating provider, if the treating
18    provider is a non-affiliated provider, could not reach an
19    agreement concerning the enrollee's care and an affiliated
20    provider was unavailable for a consultation, in which case
21    the MCO must pay for such services rendered by the
22    treating non-affiliated provider until an affiliated
23    provider was reached and either concurred with the
24    treating non-affiliated provider's plan of care or assumed
25    responsibility for the enrollee's care. Such payment shall
26    be made at the default rate of reimbursement paid under

 

 

10300SB0726sam001- 5 -LRB103 03199 RLC 72352 a

1    Illinois Medicaid fee-for-service program methodology,
2    including all policy adjusters, including but not limited
3    to Medicaid High Volume Adjustments, Medicaid Percentage
4    Adjustments, Outpatient High Volume Adjustments and all
5    outlier add-on adjustments to the extent that such
6    adjustments are incorporated in the development of the
7    applicable MCO capitated rates.
8    (e) The following requirements apply to MCOs in
9determining payment for all emergency services:
10        (1) MCOs shall not impose any requirements for prior
11    approval of emergency services.
12        (2) The MCO shall cover emergency services provided to
13    enrollees who are temporarily away from their residence
14    and outside the contracting area to the extent that the
15    enrollees would be entitled to the emergency services if
16    they still were within the contracting area.
17        (3) The MCO shall have no obligation to cover medical
18    services provided on an emergency basis that are not
19    covered services under the contract.
20        (4) The MCO shall not condition coverage for emergency
21    services on the treating provider notifying the MCO of the
22    enrollee's screening and treatment within 10 days after
23    presentation for emergency services.
24        (5) The determination of the attending emergency
25    physician, or the provider actually treating the enrollee,
26    of whether an enrollee is sufficiently stabilized for

 

 

10300SB0726sam001- 6 -LRB103 03199 RLC 72352 a

1    discharge or transfer to another facility, shall be
2    binding on the MCO. The MCO shall cover emergency services
3    for all enrollees whether the emergency services are
4    provided by an affiliated or non-affiliated provider.
5        (6) The MCO's financial responsibility for
6    post-stabilization care services it has not pre-approved
7    ends when:
8            (A) a plan physician with privileges at the
9        treating hospital assumes responsibility for the
10        enrollee's care;
11            (B) a plan physician assumes responsibility for
12        the enrollee's care through transfer;
13            (C) a contracting entity representative and the
14        treating physician reach an agreement concerning the
15        enrollee's care; or
16            (D) the enrollee is discharged.
17    (f) Network adequacy and transparency.
18        (1) The Department shall:
19            (A) ensure that an adequate provider network is in
20        place, taking into consideration health professional
21        shortage areas and medically underserved areas;
22            (B) publicly release an explanation of its process
23        for analyzing network adequacy;
24            (C) periodically ensure that an MCO continues to
25        have an adequate network in place;
26            (D) require MCOs, including Medicaid Managed Care

 

 

10300SB0726sam001- 7 -LRB103 03199 RLC 72352 a

1        Entities as defined in Section 5-30.2, to meet
2        provider directory requirements under Section 5-30.3;
3            (E) require MCOs to ensure that any
4        Medicaid-certified provider under contract with an MCO
5        and previously submitted on a roster on the date of
6        service is paid for any medically necessary,
7        Medicaid-covered, and authorized service rendered to
8        any of the MCO's enrollees, regardless of inclusion on
9        the MCO's published and publicly available directory
10        of available providers; and
11            (F) require MCOs, including Medicaid Managed Care
12        Entities as defined in Section 5-30.2, to meet each of
13        the requirements under subsection (d-5) of Section 10
14        of the Network Adequacy and Transparency Act; with
15        necessary exceptions to the MCO's network to ensure
16        that admission and treatment with a provider or at a
17        treatment facility in accordance with the network
18        adequacy standards in paragraph (3) of subsection
19        (d-5) of Section 10 of the Network Adequacy and
20        Transparency Act is limited to providers or facilities
21        that are Medicaid certified.
22        (2) Each MCO shall confirm its receipt of information
23    submitted specific to physician or dentist additions or
24    physician or dentist deletions from the MCO's provider
25    network within 3 days after receiving all required
26    information from contracted physicians or dentists, and

 

 

10300SB0726sam001- 8 -LRB103 03199 RLC 72352 a

1    electronic physician and dental directories must be
2    updated consistent with current rules as published by the
3    Centers for Medicare and Medicaid Services or its
4    successor agency.
5    (g) Timely payment of claims.
6        (1) The MCO shall pay a claim within 30 days of
7    receiving a claim that contains all the essential
8    information needed to adjudicate the claim.
9        (2) The MCO shall notify the billing party of its
10    inability to adjudicate a claim within 30 days of
11    receiving that claim.
12        (3) The MCO shall pay a penalty that is at least equal
13    to the timely payment interest penalty imposed under
14    Section 368a of the Illinois Insurance Code for any claims
15    not timely paid.
16            (A) When an MCO is required to pay a timely payment
17        interest penalty to a provider, the MCO must calculate
18        and pay the timely payment interest penalty that is
19        due to the provider within 30 days after the payment of
20        the claim. In no event shall a provider be required to
21        request or apply for payment of any owed timely
22        payment interest penalties.
23            (B) Such payments shall be reported separately
24        from the claim payment for services rendered to the
25        MCO's enrollee and clearly identified as interest
26        payments.

 

 

10300SB0726sam001- 9 -LRB103 03199 RLC 72352 a

1        (4)(A) The Department shall require MCOs to expedite
2    payments to providers identified on the Department's
3    expedited provider list, determined in accordance with 89
4    Ill. Adm. Code 140.71(b), on a schedule at least as
5    frequently as the providers are paid under the
6    Department's fee-for-service expedited provider schedule.
7        (B) Compliance with the expedited provider requirement
8    may be satisfied by an MCO through the use of a Periodic
9    Interim Payment (PIP) program that has been mutually
10    agreed to and documented between the MCO and the provider,
11    if the PIP program ensures that any expedited provider
12    receives regular and periodic payments based on prior
13    period payment experience from that MCO. Total payments
14    under the PIP program may be reconciled against future PIP
15    payments on a schedule mutually agreed to between the MCO
16    and the provider.
17        (C) The Department shall share at least monthly its
18    expedited provider list and the frequency with which it
19    pays providers on the expedited list.
20    (g-5) Recognizing that the rapid transformation of the
21Illinois Medicaid program may have unintended operational
22challenges for both payers and providers:
23        (1) in no instance shall a medically necessary covered
24    service rendered in good faith, based upon eligibility
25    information documented by the provider, be denied coverage
26    or diminished in payment amount if the eligibility or

 

 

10300SB0726sam001- 10 -LRB103 03199 RLC 72352 a

1    coverage information available at the time the service was
2    rendered is later found to be inaccurate in the assignment
3    of coverage responsibility between MCOs or the
4    fee-for-service system, except for instances when an
5    individual is deemed to have not been eligible for
6    coverage under the Illinois Medicaid program; and
7        (2) the Department shall, by December 31, 2016, adopt
8    rules establishing policies that shall be included in the
9    Medicaid managed care policy and procedures manual
10    addressing payment resolutions in situations in which a
11    provider renders services based upon information obtained
12    after verifying a patient's eligibility and coverage plan
13    through either the Department's current enrollment system
14    or a system operated by the coverage plan identified by
15    the patient presenting for services:
16            (A) such medically necessary covered services
17        shall be considered rendered in good faith;
18            (B) such policies and procedures shall be
19        developed in consultation with industry
20        representatives of the Medicaid managed care health
21        plans and representatives of provider associations
22        representing the majority of providers within the
23        identified provider industry; and
24            (C) such rules shall be published for a review and
25        comment period of no less than 30 days on the
26        Department's website with final rules remaining

 

 

10300SB0726sam001- 11 -LRB103 03199 RLC 72352 a

1        available on the Department's website.
2        The rules on payment resolutions shall include, but
3    not be limited to:
4            (A) the extension of the timely filing period;
5            (B) retroactive prior authorizations; and
6            (C) guaranteed minimum payment rate of no less
7        than the current, as of the date of service,
8        fee-for-service rate, plus all applicable add-ons,
9        when the resulting service relationship is out of
10        network.
11        The rules shall be applicable for both MCO coverage
12    and fee-for-service coverage.
13    If the fee-for-service system is ultimately determined to
14have been responsible for coverage on the date of service, the
15Department shall provide for an extended period for claims
16submission outside the standard timely filing requirements.
17    (g-6) MCO Performance Metrics Report.
18        (1) The Department shall publish, on at least a
19    quarterly basis, each MCO's operational performance,
20    including, but not limited to, the following categories of
21    metrics:
22            (A) claims payment, including timeliness and
23        accuracy;
24            (B) prior authorizations;
25            (C) grievance and appeals;
26            (D) utilization statistics;

 

 

10300SB0726sam001- 12 -LRB103 03199 RLC 72352 a

1            (E) provider disputes;
2            (F) provider credentialing; and
3            (G) member and provider customer service.
4        (2) The Department shall ensure that the metrics
5    report is accessible to providers online by January 1,
6    2017.
7        (3) The metrics shall be developed in consultation
8    with industry representatives of the Medicaid managed care
9    health plans and representatives of associations
10    representing the majority of providers within the
11    identified industry.
12        (4) Metrics shall be defined and incorporated into the
13    applicable Managed Care Policy Manual issued by the
14    Department.
15    (g-7) MCO claims processing and performance analysis. In
16order to monitor MCO payments to hospital providers, pursuant
17to Public Act 100-580, the Department shall post an analysis
18of MCO claims processing and payment performance on its
19website every 6 months. Such analysis shall include a review
20and evaluation of a representative sample of hospital claims
21that are rejected and denied for clean and unclean claims and
22the top 5 reasons for such actions and timeliness of claims
23adjudication, which identifies the percentage of claims
24adjudicated within 30, 60, 90, and over 90 days, and the dollar
25amounts associated with those claims.
26    (g-8) Dispute resolution process. The Department shall

 

 

10300SB0726sam001- 13 -LRB103 03199 RLC 72352 a

1maintain a provider complaint portal through which a provider
2can submit to the Department unresolved disputes with an MCO.
3An unresolved dispute means an MCO's decision that denies in
4whole or in part a claim for reimbursement to a provider for
5health care services rendered by the provider to an enrollee
6of the MCO with which the provider disagrees. Disputes shall
7not be submitted to the portal until the provider has availed
8itself of the MCO's internal dispute resolution process.
9Disputes that are submitted to the MCO internal dispute
10resolution process may be submitted to the Department of
11Healthcare and Family Services' complaint portal no sooner
12than 30 days after submitting to the MCO's internal process
13and not later than 30 days after the unsatisfactory resolution
14of the internal MCO process or 60 days after submitting the
15dispute to the MCO internal process. Multiple claim disputes
16involving the same MCO may be submitted in one complaint,
17regardless of whether the claims are for different enrollees,
18when the specific reason for non-payment of the claims
19involves a common question of fact or policy. Within 10
20business days of receipt of a complaint, the Department shall
21present such disputes to the appropriate MCO, which shall then
22have 30 days to issue its written proposal to resolve the
23dispute. The Department may grant one 30-day extension of this
24time frame to one of the parties to resolve the dispute. If the
25dispute remains unresolved at the end of this time frame or the
26provider is not satisfied with the MCO's written proposal to

 

 

10300SB0726sam001- 14 -LRB103 03199 RLC 72352 a

1resolve the dispute, the provider may, within 30 days, request
2the Department to review the dispute and make a final
3determination. Within 30 days of the request for Department
4review of the dispute, both the provider and the MCO shall
5present all relevant information to the Department for
6resolution and make individuals with knowledge of the issues
7available to the Department for further inquiry if needed.
8Within 30 days of receiving the relevant information on the
9dispute, or the lapse of the period for submitting such
10information, the Department shall issue a written decision on
11the dispute based on contractual terms between the provider
12and the MCO, contractual terms between the MCO and the
13Department of Healthcare and Family Services and applicable
14Medicaid policy. The decision of the Department shall be
15final. By January 1, 2020, the Department shall establish by
16rule further details of this dispute resolution process.
17Disputes between MCOs and providers presented to the
18Department for resolution are not contested cases, as defined
19in Section 1-30 of the Illinois Administrative Procedure Act,
20conferring any right to an administrative hearing.
21    (g-9)(1) The Department shall publish annually on its
22website a report on the calculation of each managed care
23organization's medical loss ratio showing the following:
24        (A) Premium revenue, with appropriate adjustments.
25        (B) Benefit expense, setting forth the aggregate
26    amount spent for the following:

 

 

10300SB0726sam001- 15 -LRB103 03199 RLC 72352 a

1            (i) Direct paid claims.
2            (ii) Subcapitation payments.
3            (iii) Other claim payments.
4            (iv) Direct reserves.
5            (v) Gross recoveries.
6            (vi) Expenses for activities that improve health
7        care quality as allowed by the Department.
8    (2) The medical loss ratio shall be calculated consistent
9with federal law and regulation following a claims runout
10period determined by the Department.
11    (g-10)(1) "Liability effective date" means the date on
12which an MCO becomes responsible for payment for medically
13necessary and covered services rendered by a provider to one
14of its enrollees in accordance with the contract terms between
15the MCO and the provider. The liability effective date shall
16be the later of:
17        (A) The execution date of a network participation
18    contract agreement.
19        (B) The date the provider or its representative
20    submits to the MCO the complete and accurate standardized
21    roster form for the provider in the format approved by the
22    Department.
23        (C) The provider effective date contained within the
24    Department's provider enrollment subsystem within the
25    Illinois Medicaid Program Advanced Cloud Technology
26    (IMPACT) System.

 

 

10300SB0726sam001- 16 -LRB103 03199 RLC 72352 a

1    (2) The standardized roster form may be submitted to the
2MCO at the same time that the provider submits an enrollment
3application to the Department through IMPACT.
4    (3) By October 1, 2019, the Department shall require all
5MCOs to update their provider directory with information for
6new practitioners of existing contracted providers within 30
7days of receipt of a complete and accurate standardized roster
8template in the format approved by the Department provided
9that the provider is effective in the Department's provider
10enrollment subsystem within the IMPACT system. Such provider
11directory shall be readily accessible for purposes of
12selecting an approved health care provider and comply with all
13other federal and State requirements.
14    (g-11) The Department shall work with relevant
15stakeholders on the development of operational guidelines to
16enhance and improve operational performance of Illinois'
17Medicaid managed care program, including, but not limited to,
18improving provider billing practices, reducing claim
19rejections and inappropriate payment denials, and
20standardizing processes, procedures, definitions, and response
21timelines, with the goal of reducing provider and MCO
22administrative burdens and conflict. The Department shall
23include a report on the progress of these program improvements
24and other topics in its Fiscal Year 2020 annual report to the
25General Assembly.
26    (g-12) Notwithstanding any other provision of law, if the

 

 

10300SB0726sam001- 17 -LRB103 03199 RLC 72352 a

1Department or an MCO requires submission of a claim for
2payment in a non-electronic format, a provider shall always be
3afforded a period of no less than 90 business days, as a
4correction period, following any notification of rejection by
5either the Department or the MCO to correct errors or
6omissions in the original submission.
7    Under no circumstances, either by an MCO or under the
8State's fee-for-service system, shall a provider be denied
9payment for failure to comply with any timely submission
10requirements under this Code or under any existing contract,
11unless the non-electronic format claim submission occurs after
12the initial 180 days following the latest date of service on
13the claim, or after the 90 business days correction period
14following notification to the provider of rejection or denial
15of payment.
16    (h) The Department shall not expand mandatory MCO
17enrollment into new counties beyond those counties already
18designated by the Department as of June 1, 2014 for the
19individuals whose eligibility for medical assistance is not
20the seniors or people with disabilities population until the
21Department provides an opportunity for accountable care
22entities and MCOs to participate in such newly designated
23counties.
24    (h-5) Leading indicator data sharing. By January 1, 2024,
25the Department shall obtain input from the Department of Human
26Services, the Department of Juvenile Justice, the Department

 

 

10300SB0726sam001- 18 -LRB103 03199 RLC 72352 a

1of Children and Family Services, the State Board of Education,
2managed care organizations, providers, and clinical experts to
3identify and analyze key indicators and data elements that can
4be used in an analysis of lead indicators from assessments and
5data sets available to the Department that can be shared with
6managed care organizations and similar care coordination
7entities contracted with the Department as leading indicators
8for elevated behavioral health crisis risk for children,
9including data sets such as the Illinois Medicaid
10Comprehensive Assessment of Needs and Strengths (IM-CANS),
11calls made to the State's Crisis and Referral Entry Services
12(CARES) hotline, health services information from Health and
13Human Services Innovators, or other data sets that may include
14key indicators. The workgroup shall complete its
15recommendations for leading indicator data elements on or
16before September 1, 2024. To the extent permitted by State and
17federal law, the identified leading indicators shall be shared
18with managed care organizations and similar care coordination
19entities contracted with the Department on or before December
201, 2024 within 6 months of identification for the purpose of
21improving care coordination with the early detection of
22elevated risk. Leading indicators shall be reassessed annually
23with stakeholder input. The Department shall implement
24guidance to managed care organizations and similar care
25coordination entities contracted with the Department, so that
26the managed care organizations and care coordination entities

 

 

10300SB0726sam001- 19 -LRB103 03199 RLC 72352 a

1respond to lead indicators with services and interventions
2that are designed to help stabilize the child.
3    (i) The requirements of this Section apply to contracts
4with accountable care entities and MCOs entered into, amended,
5or renewed after June 16, 2014 (the effective date of Public
6Act 98-651).
7    (j) Health care information released to managed care
8organizations. A health care provider shall release to a
9Medicaid managed care organization, upon request, and subject
10to the Health Insurance Portability and Accountability Act of
111996 and any other law applicable to the release of health
12information, the health care information of the MCO's
13enrollee, if the enrollee has completed and signed a general
14release form that grants to the health care provider
15permission to release the recipient's health care information
16to the recipient's insurance carrier.
17    (k) The Department of Healthcare and Family Services,
18managed care organizations, a statewide organization
19representing hospitals, and a statewide organization
20representing safety-net hospitals shall explore ways to
21support billing departments in safety-net hospitals.
22    (l) The requirements of this Section added by Public Act
23102-4 shall apply to services provided on or after the first
24day of the month that begins 60 days after April 27, 2021 (the
25effective date of Public Act 102-4).
26(Source: P.A. 102-4, eff. 4-27-21; 102-43, eff. 7-6-21;

 

 

10300SB0726sam001- 20 -LRB103 03199 RLC 72352 a

1102-144, eff. 1-1-22; 102-454, eff. 8-20-21; 102-813, eff.
25-13-22; 103-546, eff. 8-11-23.)
 
3    Section 20. The Children's Mental Health Act is amended by
4changing Section 5 as follows:
 
5    (405 ILCS 49/5)
6    Sec. 5. Children's Mental Health Partnership; Children's
7Mental Health Plan.
8    (a) The Children's Mental Health Partnership (hereafter
9referred to as "the Partnership") created under Public Act
1093-495 and continued under Public Act 102-899 shall advise
11State agencies and the Children's Behavioral Health
12Transformation Initiative on designing and implementing
13short-term and long-term strategies to provide comprehensive
14and coordinated services for children from birth to age 25 and
15their families with the goal of addressing children's mental
16health needs across a full continuum of care, including social
17determinants of health, prevention, early identification, and
18treatment. The recommended strategies shall build upon the
19recommendations in the Children's Mental Health Plan of 2022
20and may include, but are not limited to, recommendations
21regarding the following:
22        (1) Increasing public awareness on issues connected to
23    children's mental health and wellness to decrease stigma,
24    promote acceptance, and strengthen the ability of

 

 

10300SB0726sam001- 21 -LRB103 03199 RLC 72352 a

1    children, families, and communities to access supports.
2        (2) Coordination of programs, services, and policies
3    across child-serving State agencies to best monitor and
4    assess spending, as well as foster innovation of adaptive
5    or new practices.
6        (3) Funding and resources for children's mental health
7    prevention, early identification, and treatment across
8    child-serving State agencies.
9        (4) Facilitation of research on best practices and
10    model programs and dissemination of this information to
11    State policymakers, practitioners, and the general public.
12        (5) Monitoring programs, services, and policies
13    addressing children's mental health and wellness.
14        (6) Growing, retaining, diversifying, and supporting
15    the child-serving workforce, with special emphasis on
16    professional development around child and family mental
17    health and wellness services.
18        (7) Supporting the design, implementation, and
19    evaluation of a quality-driven children's mental health
20    system of care across all child services that prevents
21    mental health concerns and mitigates trauma.
22        (8) Improving the system to more effectively meet the
23    emergency and residential placement needs for all children
24    with severe mental and behavioral challenges.
25    (b) The Partnership shall have the responsibility of
26developing and updating the Children's Mental Health Plan and

 

 

10300SB0726sam001- 22 -LRB103 03199 RLC 72352 a

1advising the relevant State agencies on implementation of the
2Plan. The Children's Mental Health Partnership shall be
3comprised of the following members:
4        (1) The Governor or his or her designee.
5        (2) The Attorney General or his or her designee.
6        (3) The Secretary of the Department of Human Services
7    or his or her designee.
8        (4) The State Superintendent of Education or his or
9    her designee.
10        (5) The Director of the Department of Children and
11    Family Services or his or her designee.
12        (6) The Director of the Department of Healthcare and
13    Family Services or his or her designee.
14        (7) The Director of the Department of Public Health or
15    his or her designee.
16        (8) The Director of the Department of Juvenile Justice
17    or his or her designee.
18        (9) The Executive Director of the Governor's Office of
19    Early Childhood Development or his or her designee.
20        (10) The Director of the Criminal Justice Information
21    Authority or his or her designee.
22        (11) One member of the General Assembly appointed by
23    the Speaker of the House.
24        (12) One member of the General Assembly appointed by
25    the President of the Senate.
26        (13) One member of the General Assembly appointed by

 

 

10300SB0726sam001- 23 -LRB103 03199 RLC 72352 a

1    the Minority Leader of the Senate.
2        (14) One member of the General Assembly appointed by
3    the Minority Leader of the House.
4        (15) Up to 25 representatives from the public
5    reflecting a diversity of age, gender identity, race,
6    ethnicity, socioeconomic status, and geographic location,
7    to be appointed by the Governor. Those public members
8    appointed under this paragraph must include, but are not
9    limited to:
10            (A) a family member or individual with lived
11        experience in the children's mental health system;
12            (B) a child advocate;
13            (C) a community mental health expert,
14        practitioner, or provider;
15            (D) a representative of a statewide association
16        representing a majority of hospitals in the State;
17            (E) an early childhood expert or practitioner;
18            (F) a representative from the K-12 school system;
19            (G) a representative from the healthcare sector;
20            (H) a substance use prevention expert or
21        practitioner, or a representative of a statewide
22        association representing community-based mental health
23        substance use disorder treatment providers in the
24        State;
25            (I) a violence prevention expert or practitioner;
26            (J) a representative from the juvenile justice

 

 

10300SB0726sam001- 24 -LRB103 03199 RLC 72352 a

1        system;
2            (K) a school social worker; and
3            (L) a representative of a statewide organization
4        representing pediatricians.
5        (16) Two co-chairs appointed by the Governor, one
6    being a representative from the public and one being the
7    Director of Public Health a representative from the State.
8    The members appointed by the Governor shall be appointed
9for 4 years with one opportunity for reappointment, except as
10otherwise provided for in this subsection. Members who were
11appointed by the Governor and are serving on January 1, 2023
12(the effective date of Public Act 102-899) shall maintain
13their appointment until the term of their appointment has
14expired. For new appointments made pursuant to Public Act
15102-899, members shall be appointed for one-year, 2-year, or
164-year terms, as determined by the Governor, with no more than
179 of the Governor's new or existing appointees serving the
18same term. Those new appointments serving a one-year or 2-year
19term may be appointed to 2 additional 4-year terms. If a
20vacancy occurs in the Partnership membership, the vacancy
21shall be filled in the same manner as the original appointment
22for the remainder of the term.
23    The Partnership shall be convened no later than January
2431, 2023 to discuss the changes in Public Act 102-899.
25    The members of the Partnership shall serve without
26compensation but may be entitled to reimbursement for all

 

 

10300SB0726sam001- 25 -LRB103 03199 RLC 72352 a

1necessary expenses incurred in the performance of their
2official duties as members of the Partnership from funds
3appropriated for that purpose.
4    The Partnership may convene and appoint special committees
5or study groups to operate under the direction of the
6Partnership. Persons appointed to such special committees or
7study groups shall only receive reimbursement for reasonable
8expenses.
9    (b-5) The Partnership shall include an adjunct council
10comprised of no more than 6 youth aged 14 to 25 and 4
11representatives of 4 different community-based organizations
12that focus on youth mental health. Of the community-based
13organizations that focus on youth mental health, one of the
14community-based organizations shall be led by an
15LGBTQ-identified person, one of the community-based
16organizations shall be led by a person of color, and one of the
17community-based organizations shall be led by a woman. Of the
18representatives appointed to the council from the
19community-based organizations, at least one representative
20shall be LGBTQ-identified, at least one representative shall
21be a person of color, and at least one representative shall be
22a woman. The council members shall be appointed by the Chair of
23the Partnership and shall reflect the racial, gender identity,
24sexual orientation, ability, socioeconomic, ethnic, and
25geographic diversity of the State, including rural, suburban,
26and urban appointees. The council shall make recommendations

 

 

10300SB0726sam001- 26 -LRB103 03199 RLC 72352 a

1to the Partnership regarding youth mental health, including,
2but not limited to, identifying barriers to youth feeling
3supported by and empowered by the system of mental health and
4treatment providers, barriers perceived by youth in accessing
5mental health services, gaps in the mental health system,
6available resources in schools, including youth's perceptions
7and experiences with outreach personnel, agency websites, and
8informational materials, methods to destigmatize mental health
9services, and how to improve State policy concerning student
10mental health. The mental health system may include services
11for substance use disorders and addiction. The council shall
12meet at least 4 times annually.
13    (c) (Blank).
14    (d) The Illinois Children's Mental Health Partnership has
15the following powers and duties:
16        (1) Conducting research assessments to determine the
17    needs and gaps of programs, services, and policies that
18    touch children's mental health.
19        (2) Developing policy statements for interagency
20    cooperation to cover all aspects of mental health
21    delivery, including social determinants of health,
22    prevention, early identification, and treatment.
23        (3) Recommending policies and providing information on
24    effective programs for delivery of mental health services.
25        (4) Using funding from federal, State, or
26    philanthropic partners, to fund pilot programs or research

 

 

10300SB0726sam001- 27 -LRB103 03199 RLC 72352 a

1    activities to resource innovative practices by
2    organizational partners that will address children's
3    mental health. However, the Partnership may not provide
4    direct services.
5        (4.1) The Partnership shall work with community
6    networks and the Children's Behavioral Health
7    Transformation Initiative team to implement a community
8    needs assessment, that will raise awareness of gaps in
9    existing community-based services for youth.
10        (5) Submitting an annual report, on or before December
11    30 of each year, to the Governor and the General Assembly
12    on the progress of the Plan, any recommendations regarding
13    State policies, laws, or rules necessary to fulfill the
14    purposes of the Act, and any additional recommendations
15    regarding mental or behavioral health that the Partnership
16    deems necessary.
17        (6) (Blank). Employing an Executive Director and
18    setting the compensation of the Executive Director and
19    other such employees and technical assistance as it deems
20    necessary to carry out its duties under this Section.
21    The Partnership may designate a fiscal and administrative
22agent that can accept funds to carry out its duties as outlined
23in this Section.
24    The Department of Public Health Healthcare and Family
25Services shall provide technical and administrative support
26for the Partnership.

 

 

10300SB0726sam001- 28 -LRB103 03199 RLC 72352 a

1    (e) The Partnership may accept monetary gifts or grants
2from the federal government or any agency thereof, from any
3charitable foundation or professional association, or from any
4reputable source for implementation of any program necessary
5or desirable to carry out the powers and duties as defined
6under this Section.
7    (f) On or before January 1, 2027, the Partnership shall
8submit recommendations to the Governor and General Assembly
9that includes recommended updates to the Act to reflect the
10current mental health landscape in this State.
11(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21;
12102-899, eff. 1-1-23; 102-1034, eff. 1-1-23; 103-154, eff.
136-30-23.)
 
14    Section 25. The Interagency Children's Behavioral Health
15Services Act is amended by adding Section 6 as follows:
 
16    (405 ILCS 165/6 new)
17    Sec. 6. Personal support workers. The Children's
18Behavioral Health Transformation Team in collaboration with
19the Department of Human Services shall develop a program to
20provide one-on-one in-home respite behavioral health aids to
21youth requiring intensive supervision due to behavioral health
22needs.
 
23    Section 99. Effective date. This Act takes effect upon

 

 

10300SB0726sam001- 29 -LRB103 03199 RLC 72352 a

1becoming law.".