Illinois General Assembly - Full Text of HB0205
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Full Text of HB0205  102nd General Assembly




HB0205 EngrossedLRB102 03801 RLC 13814 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Children's Mental Health Local Integrated Fund Act.
6    Section 5. Purpose. The General Assembly finds that
7children with emotional disturbances or who are at risk of
8suffering those disturbances often require services from
9multiple service systems including mental health, social
10services, education, corrections, juvenile court, health, and
11employment and economic development. To better meet the needs
12of these children, it is the intent of the General Assembly to
13establish an integrated children's mental health service
14system that:
15        (1) allows local service decision makers to draw
16    funding from a single local source so that funds follow
17    clients and eliminates the need to match clients, funds,
18    services, and provider eligibilities;
19        (2) creates a local pool of State, local, and private
20    funds to procure a greater medical assistance federal
21    financial participation;
22        (3) improves the efficiency of use of existing
23    resources;



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1        (4) minimizes or eliminates the incentives for cost
2    and risk shifting; and
3        (5) increases the incentives for earlier
4    identification and intervention.
5    The children's mental health integrated fund established
6under this Act must be used to develop and support this
7integrated mental health service system. In developing this
8integrated service system, it is not the intent of the General
9Assembly to limit any rights available to children and their
10families through existing federal and State laws.
11    Section 10. Definitions. In this Act:
12    "Child" means a person under 18 years of age.
13    "Department" means the Department of Human Services.
14    "Emotional disturbance" means an organic disorder of the
15brain or a clinically significant disorder of thought, mood,
16perception, orientation, memory, or behavior that:
17        (1) is detailed in a diagnostic code list published by
18    the Secretary; and
19        (2) seriously limits a child's capacity to function in
20    primary aspects of daily living such as personal
21    relations, living arrangements, work, school, or
22    recreation.
23    "Emotional disturbance" is a generic term and is intended
24to reflect all categories of disorder described in the
25clinical code list published by the Secretary as usually first



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1evident in childhood or adolescence.
2    "Family" means a child and one or more of the following
3persons whose participation is necessary to accomplish the
4child's treatment goals:
5        (1) a person related to the child by blood, marriage,
6    or adoption;
7        (2) a person who is the child's foster parent or
8    significant other; or
9        (3) a person who is the child's legal guardian or
10    custodian.
11    "Individualized rehabilitation services" means
12alternative, flexible, coordinated, and highly individualized
13services that are based on a multiagency plan of care. These
14services are designed to build on the strengths and respond to
15the needs identified in the child's multiagency assessment and
16to improve the child's ability to function in the home,
17school, and community. Individualized rehabilitation services
18may include, but are not limited to, residential services,
19respite services, services that assist the child or family in
20enrolling in or participating in recreational activities,
21assistance in purchasing otherwise unavailable items or
22services important to maintain a specific child in the family,
23and services that assist the child to participate in more
24traditional services and programs.
25    "Integrated fund" means a pool of both public and private
26local, State, and federal resources, consolidated at the local



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1level, to accomplish locally agreed-upon service goals for the
2target population. The fund shall be used to help the local
3children's mental health collaborative to serve the mental
4health needs of children in the target population by allowing
5the local children's mental health collaboratives to develop
6and implement an integrated service system.
7    "Integrated service system" means a coordinated set of
8procedures established by the local children's mental health
9collaborative for coordinating services and actions across
10categorical systems and agencies that results in:
11        (1) integrated funding;
12        (2) improved outreach, early identification, and
13    intervention across systems;
14        (3) strong collaboration between parents and
15    professionals in identifying children in the target
16    population, facilitating access to the integrated system,
17    and coordinating care and services for these children;
18        (4) a coordinated assessment process across systems
19    that determines which children need multiagency care
20    coordination and wraparound services;
21        (5) a multiagency plan of care; and
22        (6) individualized rehabilitation services.
23    Services provided by the integrated service system must
24meet the requirements set out in this Act. Children served by
25the integrated service system must be economically and
26culturally representative of children in the service delivery



HB0205 Engrossed- 5 -LRB102 03801 RLC 13814 b

2    "Local children's mental health collaborative" or
3"collaborative" means an entity formed by the agreement of
4representatives of the local system of care including mental
5health services, social services, correctional services,
6education services, health services, and vocational services
7for the purpose of developing and governing an integrated
8service system.
9    "Local system of care" means a coordinated network of
10community-based services and supports designed to meet the
11challenges of children and youth with serious mental health
12needs and their families. These partnerships of families,
13youth, public organizations, and private service providers
14work to more effectively deliver mental health services and
15supports that build on the strengths of individuals and fully
16address children's and youths' needs.
17    "Mental health services" has the meaning ascribed to it in
18Section 1-115 of the Mental Health and Developmental
19Disabilities Code.
20    "Multiagency plan of care" means a written plan of
21intervention and integrated services developed by a
22multiagency team in conjunction with the child and family
23based on their unique strengths and needs as determined by a
24multiagency assessment. The plan must outline measurable
25client outcomes and specific services needed to attain these
26outcomes, the agencies responsible for providing the specified



HB0205 Engrossed- 6 -LRB102 03801 RLC 13814 b

1services, funding responsibilities, timelines, the judicial or
2administrative procedures needed to implement the plan of
3care, the agencies responsible for initiating these procedures
4and designate one person with lead responsibility for
5overseeing implementation of the plan.
6    "Respite care" means planned routine care to support the
7continued residence of a child with emotional disturbance with
8the child's family or long-term primary caretaker.
9    "Secretary" means the Secretary of Human Services.
10    "Service delivery area" means the geographic area to be
11served by the local children's mental health collaborative and
12must include at a minimum a part of a county and school
13district or a special education cooperative.
14    "Target population" means children under 18 years of age
15with an emotional disturbance or who are at risk of suffering
16an emotional disturbance as evidenced by a behavior or
17condition that affects the child's ability to function in a
18primary aspect of daily living including personal relations,
19living arrangements, work, school, and recreation, and a child
20who can benefit from:
21        (1) multiagency service coordination and wraparound
22    services; or
23        (2) informal coordination of traditional mental health
24    services provided on a temporary basis.
25    Persons between the ages of 18 and 21 who meet these
26criteria may be included in the target population at the



HB0205 Engrossed- 7 -LRB102 03801 RLC 13814 b

1option of the local children's mental health collaborative.
2    Section 15. Local children's mental health collaborative.
3    (a) To qualify as a local children's mental health
4collaborative and be eligible to receive start-up funds, the
5representatives of the local system of care and
6nongovernmental entities such as parents of children in the
7target population; parent and consumer organizations;
8community, civic, and religious organizations; private and
9nonprofit mental and physical health care providers;
10culturally specific organizations; local foundations; and
11businesses, or at a minimum one county, one school district or
12special education cooperative, one mental health entity, and
13one juvenile justice or corrections entity, must agree to the
15        (1) to establish a local children's mental health
16    collaborative and develop an integrated service system;
17        (2) to commit resources to providing services through
18    the local children's mental health cooperative; and
19        (3) to develop a plan to contribute funds to the
20    children's mental health collaborative.
21    (b) Two or more children's mental health collaboratives
22may consolidate decision making, pool resources, and
23collectively act on behalf of the individual collaboratives,
24based on a written agreement among the participating



HB0205 Engrossed- 8 -LRB102 03801 RLC 13814 b

1    (c) Each local children's mental health collaborative
3        (1) notify the Secretary within 10 days of formation
4    by signing a collaborative agreement and providing the
5    Secretary with a copy of the signed agreement;
6        (2) identify a service delivery area and an
7    operational target population within that service delivery
8    area. The operational target population must be
9    economically and culturally representative of children in
10    the service delivery area to be served by the local
11    children's mental health collaborative. The size of the
12    operational target population must also be economically
13    viable for the service delivery area;
14        (3) seek to maximize federal revenues available to
15    serve children in the target population by designating
16    local expenditures for services for these children and
17    their families that can be matched with federal dollars;
18        (4) design, develop, and ensure implementation of an
19    integrated service system that meets the requirements for
20    State and federal reimbursement and develop interagency
21    agreements necessary to implement the system;
22        (5) expand membership to include representatives of
23    other services in the local system of care including
24    prepaid health plans under contract with the Secretary to
25    serve the needs of children in the target population and
26    their families;



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1        (6) create or designate a management structure for
2    fiscal and clinical responsibility and outcome evaluation;
3        (7) spend funds generated by the local children's
4    mental health collaborative as required in this Act;
5        (8) explore methods and recommend changes needed at
6    the State level to reduce duplication and promote
7    coordination of services, including the use of uniform
8    forms for reporting, billing, and planning of services;
9        (9) submit its integrated service system design to the
10    Department for approval within one year of notifying the
11    Secretary of its formation;
12        (10) provide an annual report and the collaborative's
13    planned timeline to expand its operational target
14    population to the Department; and
15        (11) expand its operational target population.
16    (d) The members of a local children's mental health
17collaborative may share data on persons being served by the
18collaborative or its members if the person gives written
19informed consent and the information sharing is necessary in
20order for the collaborative to carry out its duties under this
21Section. Data on persons shared under this subsection (d)
22retain the original classification as to each member of the
23collaborative with whom the data is shared. If a federal law or
24regulation impedes information sharing that is necessary in
25order for a collaborative to carry out duties under this
26Section, the appropriate State agencies shall attempt to



HB0205 Engrossed- 10 -LRB102 03801 RLC 13814 b

1obtain a waiver or exemption from the applicable law or
3    Section 20. Integrated local service system. The
4integrated service system established by the local children's
5mental health collaborative must:
6        (1) include a process for communicating to agencies in
7    the local system of care eligibility criteria for services
8    received through the local children's mental health
9    collaborative and a process for determining eligibility.
10    The process shall place strong emphasis on outreach to
11    families, respecting the family role in identifying
12    children in need, and valuing families as partners;
13        (2) include measurable outcomes, timelines for
14    evaluating progress, and mechanisms for quality assurance
15    and appeals;
16        (3) involve the family, and when appropriate the
17    child, in developing multiagency service plans to the
18    extent required by law;
19        (4) meet all standards and provide all mental health
20    services as required in this Act, and ensure that the
21    services provided are culturally appropriate;
22        (5) spend funds generated by the local children's
23    mental health collaborative as required in this Act; and
24        (6) encourage public-private partnerships to increase
25    efficiency, reduce redundancy, and promote quality of



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1    care.
2    Section 25. Revenue enhancement; authority and
3responsibilities. The children's mental health collaborative
4shall have the following authority and responsibilities
5regarding federal revenue enhancement:
6        (1) the collaborative must establish an integrated
7    fund;
8        (2) the collaborative shall designate a lead county or
9    other qualified entity as the fiscal agency for reporting,
10    claiming, and receiving payments;
11        (3) the collaborative or lead county may enter into
12    subcontracts with other counties, school districts,
13    special education cooperatives, municipalities, and other
14    public and nonprofit entities for purposes of identifying
15    and claiming eligible expenditures to enhance federal
16    reimbursement;
17        (4) the collaborative shall use any enhanced revenue
18    attributable to the activities of the collaborative,
19    including administrative and service revenue, solely to
20    provide mental health services or to expand the
21    operational target population. The lead county or other
22    qualified entity may not use enhanced federal revenue for
23    any other purpose;
24        (5) the collaborative or lead county must develop and
25    maintain an accounting and financial management system



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1    adequate to support all claims for federal reimbursement,
2    including a clear audit trail and any provisions specified
3    in the contract with the Secretary;
4        (6) the collaborative or its members may elect to pay
5    the nonfederal share of the medical assistance costs for
6    services designated by the collaborative; and
7        (7) the lead county or other qualified entity may not
8    use federal funds or local funds designated as matching
9    for other federal funds to provide the nonfederal share of
10    medical assistance.
11    Section 30. Additional federal revenues. Each local
12children's mental health collaborative shall report
13expenditures eligible for federal reimbursement in a manner
14prescribed by the Secretary. The Secretary shall pay all funds
15earned by each local children's mental health collaborative to
16the collaborative. Each local children's mental health
17collaborative must use these funds to expand the operational
18target population or to develop or provide mental health
19services through the local integrated service system to
20children in the target population. Funds may not be used to
21supplant funding for services to children in the target
22population. As used in this Section, "mental health services"
23are community-based, nonresidential services, which may
24include respite care, that are identified in the child's
25multiagency plan of care.