LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITY
May 8, 2023
The following are disability-related bills and/or issues pending in the Illinois General Assembly that are scheduled to be heard in committee during the week of May 8, 2023. NOTE: Thursday May 11, 2023, is the 3rd Reading deadline for substantive House bills in the Senate. Friday, May 12, 2023, is the 3rd Reading deadline for substantive Senate bills in the House. The Illinois General Assembly is scheduled to adjourn on May 19, 2023.
House Appropriations-Health & Human Services Committee
May 11, 2023, 9:00 a.m.
Room 114, Capitol Building & Virtual Room 1, www.ilga.gov
Springfield, IL
SUBJECT MATTER: FY24 budget pressures and Medicaid Redetermination
- To file an electronic witness slip for the subject matter hearing: Click
HB 1099, Representative Mary Flowers
Creates the Children’s Mental Health Local Collaborative Transformation Fund Act. Creates local children’s mental health collaboratives. Defines “local children’s mental health collaborative” as an entity formed by the agreement of representatives of the local system of care, including mental health services, social services, correctional services, education services, health services, and vocational services, for the purpose of developing and governing an integrated service system. Provides that, to qualify as a local children’s mental health collaborative and be eligible to receive start-up funds, the representatives of the local system of care and nongovernmental entities (such as parents of children in the target population; parent and consumer organizations; community, civic, and religious organizations; private and nonprofit mental and physical health care providers; culturally specific organizations; local foundations; and businesses) or, at a minimum, one county, one school district or special education cooperative, one mental health entity, and one juvenile justice or juvenile corrections entity, must agree to the following: (1) to establish a local children’s mental health collaborative and develop an integrated service system; (2) to commit resources to providing services through the local children’s mental health collaborative; and (3) to develop a plan to contribute funds to the children’s mental health collaborative. Effective January 1, 2024.
HB 1438, Representative Marcus A. West, II
Appropriates $7,500,000 from the General Revenue Fund to the Department of Human Services for the purpose of making a grant to the Illinois Network of Centers for Independent Living to administer and implement the Home Modification Program.
Effective July 1, 2023.
- To file an electronic witness slip on HB 1438: Click
HB 1670, HFA 1, Representative Charles Meier
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall permit and resident of the Choate Mental Health and Developmental Center in Anna, IL to remain at the facility at the request of the resident or the resident’s family or legal guardian if the resident maintains a home in a county within the geographically organized service region designated by the Department as Division of Mental Health Region 5, excluding Madison, Bond, Fayette, Clay, Jasper and Crawford counties.
- To read the full text of HB 1670, HFA 1: Click
- To file an electronic witness slip on HB 1670, HFA 1: Click
HB 2080, Representative Anne Stava-Murray
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that subject to federal approval, on and after July 1, 2023, the reimbursement rates paid to providers of private duty nursing services for medically fragile and technology dependent children shall be 40% higher than the reimbursement rates in effect for nursing services on June 30, 2023. Effective July 1, 2023.
HB 2173, Representative Robyn Gabel
Amends the Rebuild Illinois Mental Health Workforce Act. In a provision concerning Medicaid funding for community mental health services, sets forth rate increases, to begin on and after January 1, 2024, for the following rates and services: the Mobile Crisis Response Medicaid Payment rate for all services provided under the S9484 procedure code; the Crisis Intervention Medicaid Payment rate for all levels of services provided under the H2011 procedure code; the Integrated Assessment and Treatment Planning Medicaid Payment rate for all levels of services provided under the H2000 procedure code; the Group and Family Therapy Medicaid Payment rate for all levels of services provided under the H0004 procedure code; the Community Support – Group Medicaid Payment rate for all levels of services provided under the H2015 procedure code; the Telepsychiatry Originating Site Medicaid Payment rate for services provided under the Q3014 procedure code; and the Medication Monitoring Medicaid Payment rate for services provided under the H2010 procedure code for medication monitoring provided by a physician, an advanced practice registered nurse, and all other levels of provider. Provides that no base Medicaid rate payment or any other payment for the provision of Medicaid community mental health services in place on January 1, 2023 shall be diminished or changed to make the reimbursement changes required by the amendatory Act. Provides that any payments required under the amendatory Act that are delayed due to implementation challenges or federal approval shall be made retroactive to January 1, 2024 for the full amount required by the amendatory Act.
Amends the Rebuild Illinois Mental Health Workforce Act. In a provision concerning Medicaid funding for community mental health services, sets forth rate increases, to begin on and after January 1, 2024, for the following rates and services: the Mobile Crisis Response Medicaid Payment rate for all services provided under the S9484 procedure code; the Crisis Intervention Medicaid Payment rate for all levels of services provided under the H2011 procedure code; the Integrated Assessment and Treatment Planning Medicaid Payment rate for all levels of services provided under the H2000 procedure code; the Group and Family Therapy Medicaid Payment rate for all levels of services provided under the H0004 procedure code; the Community Support – Group Medicaid Payment rate for all levels of services provided under the H2015 procedure code; the Telepsychiatry Originating Site Medicaid Payment rate for services provided under the Q3014 procedure code; and the Medication Monitoring Medicaid Payment rate for services provided under the H2010 procedure code for medication monitoring provided by a physician, an advanced practice registered nurse, and all other levels of provider. Provides that no base Medicaid rate payment or any other payment for the provision of Medicaid community mental health services in place on January 1, 2023 shall be diminished or changed to make the reimbursement changes required by the amendatory Act. Provides that any payments required under the amendatory Act that are delayed due to implementation challenges or federal approval shall be made retroactive to January 1, 2024 for the full amount required by the amendatory Act.
HB 2370, Representative Robyn Gabel
Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision concerning the tiered exceptional care per diem rates for medically complex for the developmentally disabled facilities, provides that on and after January 1, 2024, each tier rate shall be increased 6% over the amount in effect December 31, 2023. Provides that any reimbursement increases applied to the base rate to providers licensed under the ID/DD Community Care Act must also be applied in an equivalent manner to each tier of exceptional care per diem rates for medically complex for the developmentally disabled facilities. Effective immediately.
HB 2373, Representative Natalie A. Manley
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that treatment for a hoarding disorder as defined in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), shall be covered under the medical assistance program for persons who are otherwise eligible for medical assistance.
HB 2388, HCA 1, HCA 2, Representative Lindsey LaPointe
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, on and after July 1, 2023, all non-controlled FDA-approved prescription medications for the treatment of a serious mental illness shall be covered under the medical assistance program for persons otherwise eligible for medical assistance who are diagnosed with a mental disorder that meets criteria established in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) and which is the focus of the treatment provided, including, but not limited to, schizophrenia, schizo-affective disorders, bipolar disorders, or major depression. Exempts medications covered under the amendatory Act from any prior authorization or lifetime restriction limit mandate. Provides that, for any covered medication that contains an opioid antagonist, the prescriber shall check the Illinois Prescription Monitoring Program to determine if the patient is being actively prescribed an opioid. Requires a prescriber of any medication covered under the amendatory Act to be a board-certified psychiatrist or a medical professional with prescribing authority that routinely treats patients with a serious mental illness. Effective July 1, 2023.
- To read the full text of HB 2388, HCA 1: Click
- To read the full text of HB 2388, HCA 2: Click
- To file an electronic witness slip on HB 2388, HCA 1: Click
- To file and electronic witness slip on HB 2388, HCA 2: Click
HB 2456, Representative Lindsey LaPointe
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that for the purpose of removing barriers to the timely treatment of serious mental illnesses, prior authorization mandates and utilization management controls shall not be imposed under the fee-for-service and managed care medical assistance programs on any FDA-approved prescription drug that is recognized by a generally accepted standard medical reference as effective in the treatment of conditions specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. Provides that the following shall be permitted for prescription drugs covered under the amendatory Act: (i) clinically appropriate drug utilization review (DUR) edits, including, but not limited to, drug-to-drug, drug-age, and drug-dose; (ii) generic drug substitution if a generic drug is available for the prescribed medication in the same dosage and formulation; and (iii) any utilization management control that is necessary for the Department of Healthcare and Family Services to comply with any current consent decrees or federal waivers. Defines “serious mental illness”.
HB 2785, Representative Ann Moeller
Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to file an amendment to the Home and Community-Based Services Waiver Program for Adults with Developmental Disabilities authorized under the Social Security Act to incorporate telehealth services administered by a provider of telehealth services that demonstrates knowledge and experience in providing medical and emergency services for persons with intellectual and developmental disabilities. Requires the Department to pay administrative fees associated with implementing telehealth services for all persons with intellectual and developmental disabilities who are receiving services under the Home and Community-Based Services Waiver Program for Adults with Developmental Disabilities. Effective July 1, 2023.
HB 2811, Representative Gregg Johnson
Amends the Substance Use Disorder Act. Requires the Department of Human Services to establish a Behavioral Health Receiving Center Grant Pilot Program to award a grant to one or more counties to develop and implement a behavioral health receiving center. Requires the Department to issue a request for proposals no later than July 1, 2023 and to award all grants before December 31, 2023. Prohibits the use of the grant to purchase land for the behavioral health receiving center. Provides that the purpose of the behavioral health receiving center project is to increase access to mental health crisis services for individuals who are experiencing a mental health crisis; and to reduce the number of individuals who are incarcerated or in a hospital emergency room while experiencing a mental health crisis. Requires a grant application to contain certain information including the population to which the behavioral health receiving center will serve, the type of mental health services that will be provided, and the cost of the proposed project. Requires the Department to report to certain House and Senate committees before June 30, 2024 regarding each county awarded a grant and the details of each project. Requires the Department to report to the committees before June 30, 2026 regarding certain data and recommendations for the future use of mental health crisis services in behavioral health receiving centers. Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to apply, no later than July 1, 2023, for a federal waiver or Title XIX State Plan amendment to provide reimbursement through a bundled daily rate for crisis management services that are delivered to an individual during the individual’s stay at a behavioral health receiving center. Effective immediately.
HB 3193, Representative Tom Weber
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, for a person who resides in a facility licensed under the Nursing Home Care Act and who is determined to be eligible for medical assistance, the monthly personal needs allowance shall be $60.
HB 3344, HCA 1, Representative Anna Moeller
Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that the Division of Developmental Disabilities of the Department of Human Services shall continue, in cases of medically required absences from a community integrated living arrangement, to provide 50% of the per diem reimbursement to providers while the community integrated living arrangement holds the vacancy for the absent resident. Provides that the absent resident shall be able to return to the community integrated living arrangement when the resident is medically able to return. Defines “medically required absences”.
- To read the full text of HB 3344: Click
- To read the full text of HB 3344, HCA 1: Click
- To file an electronic witness slip on HB 3344: Click
- To file an electronic witness slip on HB 3344, HCA 1: Click
HB 3361, Representative Ryan Spain
Amends the School Code. Requires the State Board of Education to establish a School-Based Mental Health Services Grant Program to award grants to schools for the purpose of providing supplemental mental health services to students, in addition to services provided by the employees of a school. Sets forth provisions concerning Program requirements, grant applications, awards, requirements, funding, and reporting. Provides for guidelines and rulemaking. Effective immediately.
HB 3569, Representative Michelle Mussman
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that for community-based providers serving persons with intellectual or developmental disabilities, the rates taking effect for services delivered on or after January 1, 2024 shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor’s average wage as defined in by the Department of Human Services. Amends the Illinois Public Aid Code. Provides that for ID/DD facilities and MC/DD facilities, the rates taking effect for services delivered on or after January 1, 2024 shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor’s average wage as defined in rule by the Department of Healthcare and Family Services. Amends the Illinois Administrative Procedure Act. Grants the Departments of Human Services and Healthcare and Family Services emergency rulemaking authority. Effective immediately.
HB 3629, Representative Anna Moeller
Amends the Nursing Home Care Act. Creates the Transition and Emergency Home Services Article. Provides that within 4 months after the effective date of the amendatory Act, the Department of Human Services shall create a program to provide nursing services and assistance with activities of daily living sufficient to allow individuals who otherwise qualify for placement in a nursing facility to receive short-term services in the community. Provides that the short-term services shall cover both: (1) emergency home services for individuals currently receiving home services who experience a temporary need for a substitute personal assistant because of the unavailability of their other home services providers; and (2) short-term services to bridge periods between release from medical or institutional settings and establishment of long-term home services under a State waiver or other arrangements that allow the individual to live in the community. Provides that a person receiving benefits under Title XVI of the Social Security Act and residing in a facility, shall receive a personal needs allowance of $90 per monthly, with the Department providing $60 per month in addition to the amount required under Title XVI of the Social Security Act. Provides that facility owners, management, and employees are prohibited from retaliating against facility residents or employees who complain about facility services, including the facility’s physical condition, medical care, social supports and services, access to visitation and time outside the facility, and any other attribute connected to a resident’s experience of living in a facility. Makes other changes.
HB 3899, Representative Nabeela Syed
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the treatment of autism spectrum disorder through applied behavior analysis shall be covered under the medical assistance program for children with a diagnosis of autism spectrum disorder when ordered by a certified, registered, or licensed health care professional with expertise in treating the effects of autism spectrum disorders when the care is determined to be medically necessary and ordered by a physician licensed to practice medicine in all its branches. Provides that certain treatment shall be covered, including, but not limited to, psychiatric, psychological, rehabilitative, and therapeutic care. Effective July 1, 2023.
HB 3900, Representative Lindsey LaPointe
Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services, in collaboration with the Department of Human Services’ Division of Mental Health, to allow for hospital presumptive eligibility for medical assistance for individuals presenting in hospital emergency rooms who are in a psychiatric crisis and meet the federal criteria for hospital presumptive eligibility. Requires the Department and the Division of Mental Health, with meaningful stakeholder input, to develop a process by which those individuals are referred to a community-based mental health provider, or any other appropriate organization, to facilitate enrollment in the medical assistance program immediately following hospital or emergency room discharge and a referral for community-based treatment. Provides that if the Department’s Illinois Continuity of Care and Administrative Simplification 1115 Waiver, which includes waiving the federal requirement of hospital presumptive eligibility for medical assistance, is required to be amended to implement the amendatory Act, then the Department shall amend the 1115 Waiver within 60 days after the effective date of the amendatory Act.
HB 3977, HCA 1, Representative Lindsey LaPointe
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that for purposes of preventing a potential mental health diagnosis when mental health symptoms are present and to enable early treatment, Therapy and Counseling – Brief Intervention Services (Code H0004 TF TL) shall be covered under the medical assistance program for children under 21, and for adults ages 21 and older, who are otherwise eligible for medical assistance. Provides that completion of an Integrated Assessment and Treatment Planning service shall not be required (given the short duration of services). Provides that, at a minimum, up to 8 clinical sessions not to exceed 90 minutes per session shall be permitted. Provides that such services shall be permitted to be delivered by a licensed practitioner of the healing arts; or a qualified mental health professional or mental health professional under the direction of a licensed practitioner of the healing arts. Sets forth certain billing codes that must be used when billing for therapy and counseling services. Requires the Department of Healthcare and Family Services to apply for federal approval if necessary. Grants the Department rulemaking authority. Effective immediately.
- To read the full text of HB 3977: Click
- To read the full text of HB 3977, HCA 1: Click
- To file an electronic witness slip on HB 3977: Click
- To file an electronic witness slip on HB 3977, HCA 1: Click
House Mental Health & Addiction Committee
May 11, 2023, 10:00 a.m.
Room C-1, Stratton Building
Springfield, IL
SB 674, HFA 2, Representative Lindsey LaPointe
Creates the Interagency Children’s Behavioral Health Services Act. Provides that the Act establishes a Children’s Behavioral Health Transformation Officer (Officer). Requires the Officer to lead the State’s comprehensive, interagency effort to ensure that youth with significant and complex behavioral health needs receive appropriate community and residential services and that the State-supported system is transparent and easier for youth and their families to navigate. Establishes the Interagency Children’s Behavioral Health Services Team to find appropriate services, residential treatment, and support for children identified by each participating agency as requiring enhanced agency collaboration to identify and obtain treatment in a residential setting. Provides that the responsibilities of each participating agency shall be outlined in an interagency agreement. Requires the Department of Children of Family Services, and other specified agencies, to enter into an interagency agreement. Amends the Children and Family Services Act. Requires the Department of Children and Family Services to adopt rules to establish a process for all licensed residential providers to submit data if they contract or receive reimbursement for children’s mental health, substance use, and developmental disability services from specified State agencies. Contains provisions concerning temporary emergency placements for youth in crisis. Amends the School Code. Requires the Department of Human Services to expand its selection of individuals from the Prioritization of Urgency of Need for Services database to include individuals who receive services through the Children and Young Adults with Developmental Disabilities – Support Waiver. Contains provisions concerning mental health screenings for students in kindergarten through grade 12. Amends the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to obtain input from specified State agencies and providers on leading indicators of elevated behavioral health crisis risk for children. Amends the Juvenile Court Act of 1987. Provides that no minor who is taken into limited custody shall be sheltered in a temporary living arrangement for more than 21 days, with certain exceptions. Makes other changes. Effective immediately.
- To read the full text of SB 724 (engrossed): Click
- To read the full text of SBA 74, HFA 2: Click
- To file an electronic witness slip on SB 724, HFA 2: Click
Senate Behavioral and Mental Health Committee
May 10, 2023, 9:00 a.m.
Room 400, Capitol Building
Springfield, IL
HB 1364, SFA 1 Senator Laura Fine
The engrossed bill creates the 9-8-8 Suicide and Crisis Lifeline Workgroup Act. Provides that the Department of Human Services, Division of Mental Health, shall convene a working group that includes members of the General Assembly, representatives of State agencies, the State’s Chief Behavioral Health Officer, the Director of the Children’s Behavioral Health Transformation Initiative, service providers from the regional and statewide 9-8-8 call centers, representatives of organizations that represent people with mental health conditions or substance use disorders and that operate an Illinois social services helpline or crisis line other than 9-8-8, including veterans’ crisis services, more than one individual with personal or family lived experience of a mental health condition or substance use disorder, experts in research and operational evaluation, and any other person or persons as determined by the Department of Human Services, Division of Mental Health. Requires the Department of Human Services, Division of Mental Health, to submit a report to the General Assembly regarding the Workgroup’s findings related to the 9-8-8 call system. SFA 1 amends the Illinois Insurance Code. Removes provisions requiring the Department of Insurance and the Department of Healthcare and Family services to convene and provide technical support to a work group comprised of mental health parity experts, behavioral health providers, Medicaid managed care organizations, commercial insurers and a Medicaid managed care plan to provide recommendations to the Governor and General Assembly regarding health plan data reporting requirements relating to mental, emotional, nervous and substance use disorder or condition benefits. Effective immediately.
- To read the full text of HB 1364 (engrossed): Click
- To read the full text of HB 1364, SFA 1: Click
- To file an electronic witness slip on HB 1364, SFA 1: Click
NOTE: If you wish to take any action regarding any of these bills/issues, you may wish to file an electronic witness slip and/or or submit oral or written testimony to the committee holding the hearing and/or contact the members of the committee conducting the hearing and/or the legislators in your home district. The names, addresses, and telephone numbers of all legislators, both Representatives and Senators, can be found on the Illinois General Assembly website at: www.ilga.gov. You may check this website to find out if any of the committee hearing dates or times have been changed, which may happen upon very short notice.
For additional information, please contact:
Cheryl R. Jansen
Public Policy Director
Equip for Equality
cherylj2@equipforequality.org
217-303-8543
