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Public Act 102-0550 | ||||
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Consumer Fraud and Deceptive Business | ||||
Practices Act is amended by changing Section 2VVV as follows: | ||||
(815 ILCS 505/2VVV) | ||||
Sec. 2VVV. Deceptive marketing, advertising, and sale of | ||||
mental health disorder and substance use disorder treatment. | ||||
(a) As used in this Section: | ||||
"Facility" has the meaning ascribed to that term in | ||||
Section 1-10 of the Substance Use Disorder Act when used in | ||||
reference to a facility that provides substance use disorder | ||||
treatment. "Facility" has the same meaning as "mental health | ||||
facility" under Section 1-114 of the Mental Health and | ||||
Developmental Disabilities Code when used in reference to a | ||||
facility that provides mental health disorder treatment. | ||||
"Hospital affiliate" has the meaning ascribed to that term | ||||
in Section 10.8 of the Hospital Licensing Act. | ||||
"Mental health disorder" has the same meaning as "mental | ||||
illness" under Section 1-129 of the Mental Health and | ||||
Developmental Disabilities Code. | ||||
"Program" means a licensable or fundable activity or
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service, or a coordinated range of such activities or |
services, established or licensed by the Department of Human | ||
Services. | ||
"Substance use disorder" has the same meaning as | ||
"substance abuse" under Section 1-10 of the Substance Use | ||
Disorder Act. | ||
"Treatment" has the meaning ascribed to that term in | ||
Section 1-10 of the Substance Use Disorder Act when used in | ||
reference to treatment for a substance use disorder. | ||
"Treatment" has the meaning ascribed to that term in Section | ||
1-128 of the Mental Health and Developmental Disabilities Code | ||
when used in reference to treatment for a mental health | ||
disorder. | ||
(b) It is an unlawful practice for any person to engage in | ||
misleading or false advertising or promotion that | ||
misrepresents the need to seek mental health disorder or | ||
substance use disorder treatment outside of the State of | ||
Illinois. | ||
(c) Any marketing, advertising, promotional, or sales | ||
materials directed to Illinois residents concerning mental | ||
health disorder or substance use disorder treatment must: | ||
(1) prominently display or announce the full physical | ||
address of the treatment program or facility; | ||
(2) display whether the treatment program or facility | ||
is licensed in the State of Illinois; | ||
(3) display whether the treatment program or facility | ||
has locations in Illinois; |
(4) display whether the services provided by the | ||
treatment program or facility are covered by an insurance | ||
policy issued to an Illinois resident; | ||
(5) display whether the treatment program or facility | ||
is an in-network or out-of-network provider; | ||
(6) include a link to the Internet website for the | ||
Department of Human Services' Division of Mental Health | ||
and Division of Substance Use Prevention and Recovery, or | ||
any successor State agency that provides information | ||
regarding licensed providers of services; and | ||
(7) disclose that mental health disorder and substance | ||
use disorder treatment may be available at a reduced cost | ||
or for free for Illinois residents within the State of | ||
Illinois. | ||
(d) It is an unlawful practice for any person to solicit, | ||
offer, or enter into an arrangement under which a patient | ||
seeking mental health disorder or substance use disorder | ||
treatment is referred to a mental health disorder or substance | ||
use disorder treatment program or facility in exchange for a | ||
fee, a percentage of the treatment program's or facility's | ||
revenues that are related to the patient, or any other | ||
remuneration that takes into account the volume or value of | ||
the referrals to the treatment program or facility. Such | ||
practice shall also be considered a violation of the | ||
prohibition against fee splitting in Section 22.2 of the | ||
Medical Practice Act of 1987 and a violation of the Health Care |
Worker Self-Referral Act. It is not a violation
of this | ||
Section for programs or facilities to enter into
personal | ||
services agreements or management services agreements
with | ||
third parties that do not take into account the volume or
value | ||
of referrals. It is not a violation of this Section
for | ||
programs or facilities to provide discounts for treatment
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services to clients as long as the discount is
based on | ||
financial necessity in accordance with the program's or | ||
facility's
charity care plan, regardless of referral source or | ||
reason.
Compensation paid by programs or facilities to their | ||
employees and independent
contractors related to identifying, | ||
locating, and securing referrals to
that program or facility | ||
is not a violation of this Section if the amount of | ||
compensation provided to the
employee or independent | ||
contractor does not vary based upon the volume
or value of such | ||
referrals. This Section does not apply to health insurance | ||
companies, health maintenance organizations, managed care | ||
plans, or organizations, including hospitals and hospital | ||
affiliates licensed in Illinois.
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(Source: P.A. 100-1058, eff. 1-1-19; 100-1188, eff. 4-5-19; | ||
101-81, eff. 7-12-19.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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