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30 ILCS 732/5

    (30 ILCS 732/5)
    Sec. 5. Definitions. In this Act:
    "Behavioral health center site" means a physical site where a community behavioral health center shall provide behavioral healthcare services linked to a particular Department-contracted community behavioral healthcare provider, from which this provider delivers a Department-funded service and has the following characteristics:
        (i) The site must be owned, leased, or otherwise
controlled by a Department-funded provider.
        (ii) A Department-funded provider may have multiple
service sites.
        (iii) A Department-funded provider may provide both
Medicaid and non-Medicaid services for which they are certified or approved at a certified site.
    "Board" means the Capital Development Board.
    "Community behavioral healthcare provider" includes, but is not limited to, Department-contracted prevention, intervention, or treatment care providers of services and supports for persons with mental health services, alcohol and substance abuse services, rehabilitation services, and early intervention services provided by a vendor.
    For the purposes of this definition, "vendor" includes, but is not limited to, community providers, including community-based organizations that are licensed to provide prevention, intervention, or treatment services and support for persons with mental illness or substance abuse problems in this State, that comply with applicable federal, State, and local rules and statutes, including, but not limited to, the following:
        (A) Federal requirements:
            (1) Block Grants for Community Mental Health
Services, Subpart I & III, Part B, Title XIX, P.H.S. Act/45 C.F.R. Part 96.
            (2) Medicaid (42 U.S.C.A. 1396 (1996)).
            (3) 42 C.F.R. 440 (Services: General Provision)
and 456 (Utilization Control) (1996).
            (4) Health Insurance Portability and
Accountability Act (HIPAA) as specified in 45 C.F.R. Section 160.310.
            (5) The Substance Abuse Prevention Block Grant
Regulations (45 C.F.R. Part 96).
            (6) Program Fraud Civil Remedies Act of 1986 (45
C.F.R. Part 79).
            (7) Federal regulations regarding Opioid
Maintenance Therapy (21 C.F.R. 29) (21 C.F.R. 1301-1307 (D.E.A.)).
            (8) Federal regulations regarding Diagnostic,
Screening, Prevention, and Rehabilitation Services (Medicaid) (42 C.F.R. 440.130).
            (9) Charitable Choice: Providers that qualify as
religious organizations under 42 C.F.R. 54.2(b), who comply with the Charitable Choice Regulations as set forth in 42 C.F.R. 54.1 et seq. with regard to funds provided directly to pay for substance abuse prevention and treatment services.
        (B) State requirements:
            (1) 59 Ill. Admin. Code 50, Office of Inspector
General Investigations of Alleged Abuse or Neglect in State-Operated Facilities and Community Agencies.
            (2) 59 Ill. Admin. Code 51, Office of Inspector
General Adults with Disabilities Project.
            (3) 59 Ill. Admin. Code 103, Grants.
            (4) 59 Ill. Admin. Code 115, Standards and
Licensure Requirements for Community-Integrated Living Arrangements.
            (5) 59 Ill. Admin. Code 117, Family Assistance
and Home-Based Support Programs for Persons with Mental Disabilities.
            (6) 59 Ill. Admin. Code 125, Recipient
            (7) 59 Ill. Admin. Code 131, Children's Mental
Health Screening, Assessment and Supportive Services Program.
            (8) 59 Ill. Admin. Code 132, Medicaid Community
Mental Health Services Program.
            (9) 59 Ill. Admin. Code 135, Individual Care
Grants for Mentally Ill Children.
            (10) 89 Ill. Admin. Code 140, Medical Payment.
            (11) 89 Ill. Admin. Code 140.642, Screening
Assessment for Nursing Facility and Alternative Residential Settings and Services.
            (12) 89 Ill. Admin. Code 507, Audit Requirements
of Illinois Department of Human Services.
            (13) 89 Ill. Admin. Code 509,
Fiscal/Administrative Recordkeeping and Requirements.
            (14) 89 Ill. Admin. Code 511, Grants and Grant
Funds Recovery.
            (15) 77 Ill. Admin. Code, Parts 2030, 2060, and
            (16) Title 77 Illinois Administrative Code:
                (a) Part 630: Maternal and Child Health
Services Code.
                (b) Part 635: Family Planning Services Code.
                (c) Part 672: WIC Vendor Management Code.
                (d) Part 2030: Award and Monitoring of Funds.
                (e) Part 2200: School Based/Linked Health
            (17) Title 89 Illinois Administrative Code:
                (a) Part 130.200: Administration of Social
Service Programs, Domestic Violence Shelter and Service Programs.
                (b) Part 310: Delivery of Youth Services
Funded by the Department of Human Services.
                (c) Part 313: Community Services.
                (d) Part 334: Administration and Funding of
Community-Based Services to Youth.
                (e) Part 500: Early Intervention Program.
                (f) Part 501: Partner Abuse Intervention.
                (g) Part 507: Audit Requirements of DHS.
                (h) Part 509: Fiscal/Administrative
Recordkeeping and Requirements.
                (i) Part 511: Grants and Grant Funds Recovery.
            (18) State statutes:
                (a) The Mental Health and Developmental
Disabilities Code.
                (b) The Community Services Act.
                (c) The Mental Health and Developmental
Disabilities Confidentiality Act.
                (d) The Substance Use Disorder Act.
                (e) The Early Intervention Services System
                (f) The Children and Family Services Act.
                (g) The Illinois Commission on Volunteerism
and Community Services Act.
                (h) The Department of Human Services Act.
                (i) The Domestic Violence Shelters Act.
                (j) The Illinois Youthbuild Act.
                (k) The Civil Administrative Code of Illinois.
                (l) The Illinois Grant Funds Recovery Act.
                (m) The Child Care Act of 1969.
                (n) The Solicitation for Charity Act.
                (o) The Illinois Public Aid Code (305 ILCS
5/9-1, 12-4.5 through 12-4.7, and 12-13).
                (p) The Abused and Neglected Child Reporting
                (q) The Charitable Trust Act.
                (r) The Illinois Alcoholism and Other Drug
Dependency Act.
        (C) The Provider shall be in compliance with all
applicable requirements for services and service reporting as specified in the following Department manuals or handbooks:
            (1) DHS/DMH Provider Manual.
            (2) DHS Mental Health CSA Program Manual.
            (3) DHS/DMH PAS/MH Manual.
            (4) Community Forensic Services Handbook.
            (5) Community Mental Health Service Definitions
and Reimbursement Guide.
            (6) DHS/DMH Collaborative Provider Manual.
            (7) Handbook for Providers of Screening
Assessment and Support Services, Chapter CMH-200 Policy and Procedures For Screening, Assessment and Support Services.
            (8) DHS Division of Substance Use Prevention and
                (a) Contractual Policy Manual.
                (b) Medicaid Handbook.
                (c) DARTS Manual.
            (9) Division of Substance Use Prevention and
Recovery Best Practice Program Guidelines for Specific Populations.
            (10) Division of Substance Use Prevention and
Recovery Contract Program Manual.
    "Community behavioral healthcare services" means any of the following:
        (i) Behavioral health services, including, but not
limited to, prevention, intervention, or treatment care services and support for eligible persons provided by a vendor of the Department.
        (ii) Referrals to providers of medical services and
other health-related services, including substance abuse and mental health services.
        (iii) Patient case management services, including
counseling, referral, and follow-up services, and other services designed to assist community behavioral health center patients in establishing eligibility for and gaining access to federal, State, and local programs that provide or financially support the provision of medical, social, educational, or other related services.
        (iv) Services that enable individuals to use the
services of the behavioral health center including outreach and transportation services and, if a substantial number of the individuals in the population are of limited English-speaking ability, the services of appropriate personnel fluent in the language spoken by a predominant number of those individuals.
        (v) Education of patients and the general population
served by the community behavioral health center regarding the availability and proper use of behavioral health services.
        (vi) Additional behavioral healthcare services
consisting of services that are appropriate to meet the health needs of the population served by the behavioral health center involved and that may include housing assistance.
    "Department" means the Department of Human Services.
    "Uninsured population" means persons who do not own private healthcare insurance, are not part of a group insurance plan, and are not eligible for any State or federal government-sponsored healthcare program.
(Source: P.A. 100-759, eff. 1-1-19.)