Illinois General Assembly - Full Text of Public Act 096-1380
Illinois General Assembly

Previous General Assemblies

Public Act 096-1380





Public Act 096-1380
HB5357 EnrolledLRB096 16377 RPM 31641 b

    AN ACT concerning State government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 1. Short title. This Act may be cited as the
Community Behavioral Health Center Infrastructure Act.
    Section 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
        (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
        (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
            (5) 59 Ill. Admin. Code 117, Family Assistance and
        Home-Based Support Programs for Persons with Mental
            (6) 59 Ill. Admin. Code 125, Recipient Discharge/
            (7) 59 Ill. Admin. Code 131, Children's Mental
        Health Screening, Assessment and Supportive Services
            (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 Alcoholism and Other Drug Abuse and
            Dependency 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
            (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
            (8) DHS DASA:
                (a) Contractual Policy Manual.
                (b) Medicaid Handbook.
                (c) DARTS Manual.
            (9) DASA Best Practice Program Guidelines for
        Specific Populations.
            (10) DASA 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
        (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
    "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.
    Section 10. Operation of the grant program. The Department,
in consultation with the Board, shall establish the Community
Behavioral Health Center Infrastructure Grant Program and may
make grants to eligible community providers subject to
appropriations out of funds reserved for capital improvements
or expenditures as provided for in this Act. The Program shall
operate in a manner so that the estimated cost of the Program
during the fiscal year will not exceed the total appropriation
for the Program. The grants shall be for the purpose of
constructing or renovating new community behavioral health
center sites, renovating existing community behavioral health
center sites, and purchasing equipment to provide community
behavioral healthcare services to medically underserved
populations or areas or providing community behavioral
healthcare services to the uninsured population of this State.
    Section 15. Eligibility for grant. To be eligible for a
grant under this Act, a recipient must be a community
behavioral healthcare provider as defined in Section 5 of this
    Section 20. Use of grant moneys. A recipient of a grant
under this Act may use the grant moneys to do any one or more of
the following:
    (1) Purchase equipment.
    (2) Acquire a new physical location for the purpose of
delivering community behavioral healthcare services.
    (3) Construct or renovate new or existing community
behavioral health center sites.
    Section 25. Reporting. Within 60 days after the first year
of a grant under this Act, the grant recipient must submit a
progress report to the Department. The Department may assist
each grant recipient in meeting the goals and objectives stated
in the original grant proposal submitted by the recipient,
including that grant moneys are being used for appropriate
purposes, and that residents of the community are being served
by the new community behavioral health center sites established
with grant moneys.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/29/2010