Bill Text: IL HB2572 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Provides that the Act may be referred to as the Children and Young Adult Mental Health Crisis Act. Amends the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to restructure the Family Support Program (Program) to: (i) enable early treatment of a child or young adult with serious mental health needs; (ii) align the program with system of care principles; and (iii) include both community-based and residential treatment services. Contains provisions on the new hallmarks of the Program; federal Medicaid matching dollars; an In-Home Therapy Pilot Program; and other matters. Amends the Illinois Insurance Code. Requires a group or individual policy of accident and health insurance, or managed care plan, that is amended, delivered, issued, or renewed after June 30, 2020 to provide coverage for: (i) coordinated specialty care for first episode psychosis treatment and (ii) assertive community treatment and community support team treatment. Contains provisions concerning mental health professionals; service payments; and other matters. Makes conforming changes to other Acts. Amends the Substance Use Disorder Act. Requires the Department of Human Services to allow outpatient substance use treatment providers to keep a substance use treatment case open for 90 days when a person has not received a treatment service during such period. Amends the Adoption Act. Requires the Department of Children and Family Services to establish and maintain a toll-free number to respond to requests from the public about its post-placement and post-adoption support services; and to review and update its Post Adoption and Guardianship Services booklet. Requires the Department and the Department of Healthcare and Family Services to coordinate in the development of specified resources. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Introduced) 2019-07-18 - Added Co-Sponsor Rep. Karina Villa [HB2572 Detail]

Download: Illinois-2019-HB2572-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2572

Introduced , by Rep. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:
See Index

Amends the Illinois Insurance Code. Requires a group or individual policy of accident and health insurance, or managed care plan, that is amended, delivered, issued, or renewed after June 30, 2020 to provide coverage for: (i) coordinated specialty care for first episode psychosis treatment and (ii) assertive community treatment and community support team treatment. Contains provisions concerning mental health professionals; service payments; and other matters. Makes conforming changes to other Acts. Amends the Substance Use Disorder Act. Requires the Department of Human Services to allow outpatient substance use treatment providers to keep a substance use treatment case open for 90 days when a person has not received a treatment service during such period. Amends the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to restructure the Family Support Program (Program) to: (i) enable early treatment of a child or young adult with serious mental health needs; (ii) align the program with system of care principles; and (iii) include both community-based and residential treatment services. Contains provisions on the new hallmarks of the Program; federal Medicaid matching dollars; an In-Home Therapy Pilot Program; and other matters. Amends the Adoption Act. Requires the Department of Children and Family Services to establish and maintain a toll-free number to respond to requests from the public about its post-placement and post-adoption support services; and to review and update its Post Adoption and Guardianship Services booklet. Requires the Department and the Department of Healthcare and Family Services to coordinate in the development of specified resources. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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1 AN ACT concerning public aid.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. References to Act; intent; purposes. This Act
5may be referred to as the Children and Young Adult Mental
6Health Crisis Act. It is intended to fill in significant gaps
7in Illinois' mental health treatment system for children and
8young adults given that this is the age group that most mental
9health conditions begin to manifest. It also addresses barriers
10to access to substance use treatment for this age group because
11substance use is common for young people with mental health
12needs, often to manage untreated mental health symptoms.
13 Section 5. Findings. The General Assembly finds as follows:
14 (1) Over 850,000 children and young adults under age 25 in
15Illinois will experience a mental health condition, and between
1640-50% of them will begin to use substances, including opioids,
17to self-medicate. Barely one-third will get treatment even
18though treatment can lead to recovery and wellness.
19 (2) Every year hundreds of Illinois children with treatable
20serious mental health conditions are forced to remain in
21psychiatric hospitals far beyond medical necessity because
22subsequent treatment options are not available.
23 (3) Custody relinquishment to the State of Illinois, often

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1of adopted children with significant mental health needs,
2remains common as the only avenue for some children into mental
3health treatment.
4 (4) Community-based, wrap-around treatment models are not
5available early enough in Illinois to stabilize a child showing
6early signs of a serious mental health issue, and the State
7does not have enough residential treatment beds or the
8appropriate levels of care for children and young adults with
9high-acuity residential treatment needs.
10 (5) Children and young adults must have access to the level
11of mental health treatment they need at the first signs of a
12problem to prevent worsening of the condition and the use of
13substances for purposes of self-medication.
14 (6) The State's N.B. Consent Decree for children who are
15covered by the State's Medical Assistance Program and the
16State's 1115 waiver and related Medicaid State Plan amendments
17still leave many service gaps, and none of these efforts deal
18with challenges when private insurance does not cover proven
19treatment approaches covered by the public sector.
20 (7) Illinois' mental health system for children and young
21adults must align with system of care principles, which were
22developed by The Georgetown University Center for Child and
23Human Development and are the nationally recognized best
24practice for developing a strong treatment system. Such an
25approach evaluates what treatment and support the child or
26young adult, and the family, need in order to stabilize,

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1recover, and achieve wellness based on a comprehensive
2assessment of the child's mental and behavioral health needs,
3rather than placing the young person in a program (because that
4is the only program the State has) that may not meet the needs
5of the child and family.
6 (8) This Act contains many of the crucial elements that
7Illinois requires for building an appropriate service delivery
8system consistent with system of care principles that will
9result in an enhanced delivery system and full continuum of
10care for children, youth, and young adults with mental health
11and substance use treatment needs, consistent with the federal
12requirements of Early and Periodic Screening, Diagnostic and
13Treatment, and for coverage of a comprehensive array of
14services through private insurance. Families should be able to
15draw from a full range of services to meet their child's and
16family's needs for optimal social emotional growth and
17development in the most integrated and clinically appropriate
18setting.
19 Section 10. The Illinois Administrative Procedure Act is
20amended by changing Section 5-45 as follows:
21 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
22 Sec. 5-45. Emergency rulemaking.
23 (a) "Emergency" means the existence of any situation that
24any agency finds reasonably constitutes a threat to the public

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1interest, safety, or welfare.
2 (b) If any agency finds that an emergency exists that
3requires adoption of a rule upon fewer days than is required by
4Section 5-40 and states in writing its reasons for that
5finding, the agency may adopt an emergency rule without prior
6notice or hearing upon filing a notice of emergency rulemaking
7with the Secretary of State under Section 5-70. The notice
8shall include the text of the emergency rule and shall be
9published in the Illinois Register. Consent orders or other
10court orders adopting settlements negotiated by an agency may
11be adopted under this Section. Subject to applicable
12constitutional or statutory provisions, an emergency rule
13becomes effective immediately upon filing under Section 5-65 or
14at a stated date less than 10 days thereafter. The agency's
15finding and a statement of the specific reasons for the finding
16shall be filed with the rule. The agency shall take reasonable
17and appropriate measures to make emergency rules known to the
18persons who may be affected by them.
19 (c) An emergency rule may be effective for a period of not
20longer than 150 days, but the agency's authority to adopt an
21identical rule under Section 5-40 is not precluded. No
22emergency rule may be adopted more than once in any 24-month
23period, except that this limitation on the number of emergency
24rules that may be adopted in a 24-month period does not apply
25to (i) emergency rules that make additions to and deletions
26from the Drug Manual under Section 5-5.16 of the Illinois

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1Public Aid Code or the generic drug formulary under Section
23.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
3emergency rules adopted by the Pollution Control Board before
4July 1, 1997 to implement portions of the Livestock Management
5Facilities Act, (iii) emergency rules adopted by the Illinois
6Department of Public Health under subsections (a) through (i)
7of Section 2 of the Department of Public Health Act when
8necessary to protect the public's health, (iv) emergency rules
9adopted pursuant to subsection (n) of this Section, (v)
10emergency rules adopted pursuant to subsection (o) of this
11Section, or (vi) emergency rules adopted pursuant to subsection
12(c-5) of this Section. Two or more emergency rules having
13substantially the same purpose and effect shall be deemed to be
14a single rule for purposes of this Section.
15 (c-5) To facilitate the maintenance of the program of group
16health benefits provided to annuitants, survivors, and retired
17employees under the State Employees Group Insurance Act of
181971, rules to alter the contributions to be paid by the State,
19annuitants, survivors, retired employees, or any combination
20of those entities, for that program of group health benefits,
21shall be adopted as emergency rules. The adoption of those
22rules shall be considered an emergency and necessary for the
23public interest, safety, and welfare.
24 (d) In order to provide for the expeditious and timely
25implementation of the State's fiscal year 1999 budget,
26emergency rules to implement any provision of Public Act 90-587

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1or 90-588 or any other budget initiative for fiscal year 1999
2may be adopted in accordance with this Section by the agency
3charged with administering that provision or initiative,
4except that the 24-month limitation on the adoption of
5emergency rules and the provisions of Sections 5-115 and 5-125
6do not apply to rules adopted under this subsection (d). The
7adoption of emergency rules authorized by this subsection (d)
8shall be deemed to be necessary for the public interest,
9safety, and welfare.
10 (e) In order to provide for the expeditious and timely
11implementation of the State's fiscal year 2000 budget,
12emergency rules to implement any provision of Public Act 91-24
13or any other budget initiative for fiscal year 2000 may be
14adopted in accordance with this Section by the agency charged
15with administering that provision or initiative, except that
16the 24-month limitation on the adoption of emergency rules and
17the provisions of Sections 5-115 and 5-125 do not apply to
18rules adopted under this subsection (e). The adoption of
19emergency rules authorized by this subsection (e) shall be
20deemed to be necessary for the public interest, safety, and
21welfare.
22 (f) In order to provide for the expeditious and timely
23implementation of the State's fiscal year 2001 budget,
24emergency rules to implement any provision of Public Act 91-712
25or any other budget initiative for fiscal year 2001 may be
26adopted in accordance with this Section by the agency charged

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1with administering that provision or initiative, except that
2the 24-month limitation on the adoption of emergency rules and
3the provisions of Sections 5-115 and 5-125 do not apply to
4rules adopted under this subsection (f). The adoption of
5emergency rules authorized by this subsection (f) shall be
6deemed to be necessary for the public interest, safety, and
7welfare.
8 (g) In order to provide for the expeditious and timely
9implementation of the State's fiscal year 2002 budget,
10emergency rules to implement any provision of Public Act 92-10
11or any other budget initiative for fiscal year 2002 may be
12adopted in accordance with this Section by the agency charged
13with administering that provision or initiative, except that
14the 24-month limitation on the adoption of emergency rules and
15the provisions of Sections 5-115 and 5-125 do not apply to
16rules adopted under this subsection (g). The adoption of
17emergency rules authorized by this subsection (g) shall be
18deemed to be necessary for the public interest, safety, and
19welfare.
20 (h) In order to provide for the expeditious and timely
21implementation of the State's fiscal year 2003 budget,
22emergency rules to implement any provision of Public Act 92-597
23or any other budget initiative for fiscal year 2003 may be
24adopted in accordance with this Section by the agency charged
25with administering that provision or initiative, except that
26the 24-month limitation on the adoption of emergency rules and

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1the provisions of Sections 5-115 and 5-125 do not apply to
2rules adopted under this subsection (h). The adoption of
3emergency rules authorized by this subsection (h) shall be
4deemed to be necessary for the public interest, safety, and
5welfare.
6 (i) In order to provide for the expeditious and timely
7implementation of the State's fiscal year 2004 budget,
8emergency rules to implement any provision of Public Act 93-20
9or any other budget initiative for fiscal year 2004 may be
10adopted in accordance with this Section by the agency charged
11with administering that provision or initiative, except that
12the 24-month limitation on the adoption of emergency rules and
13the provisions of Sections 5-115 and 5-125 do not apply to
14rules adopted under this subsection (i). The adoption of
15emergency rules authorized by this subsection (i) shall be
16deemed to be necessary for the public interest, safety, and
17welfare.
18 (j) In order to provide for the expeditious and timely
19implementation of the provisions of the State's fiscal year
202005 budget as provided under the Fiscal Year 2005 Budget
21Implementation (Human Services) Act, emergency rules to
22implement any provision of the Fiscal Year 2005 Budget
23Implementation (Human Services) Act may be adopted in
24accordance with this Section by the agency charged with
25administering that provision, except that the 24-month
26limitation on the adoption of emergency rules and the

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1provisions of Sections 5-115 and 5-125 do not apply to rules
2adopted under this subsection (j). The Department of Public Aid
3may also adopt rules under this subsection (j) necessary to
4administer the Illinois Public Aid Code and the Children's
5Health Insurance Program Act. The adoption of emergency rules
6authorized by this subsection (j) shall be deemed to be
7necessary for the public interest, safety, and welfare.
8 (k) In order to provide for the expeditious and timely
9implementation of the provisions of the State's fiscal year
102006 budget, emergency rules to implement any provision of
11Public Act 94-48 or any other budget initiative for fiscal year
122006 may be adopted in accordance with this Section by the
13agency charged with administering that provision or
14initiative, except that the 24-month limitation on the adoption
15of emergency rules and the provisions of Sections 5-115 and
165-125 do not apply to rules adopted under this subsection (k).
17The Department of Healthcare and Family Services may also adopt
18rules under this subsection (k) necessary to administer the
19Illinois Public Aid Code, the Senior Citizens and Persons with
20Disabilities Property Tax Relief Act, the Senior Citizens and
21Disabled Persons Prescription Drug Discount Program Act (now
22the Illinois Prescription Drug Discount Program Act), and the
23Children's Health Insurance Program Act. The adoption of
24emergency rules authorized by this subsection (k) shall be
25deemed to be necessary for the public interest, safety, and
26welfare.

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1 (l) In order to provide for the expeditious and timely
2implementation of the provisions of the State's fiscal year
32007 budget, the Department of Healthcare and Family Services
4may adopt emergency rules during fiscal year 2007, including
5rules effective July 1, 2007, in accordance with this
6subsection to the extent necessary to administer the
7Department's responsibilities with respect to amendments to
8the State plans and Illinois waivers approved by the federal
9Centers for Medicare and Medicaid Services necessitated by the
10requirements of Title XIX and Title XXI of the federal Social
11Security Act. The adoption of emergency rules authorized by
12this subsection (l) shall be deemed to be necessary for the
13public interest, safety, and welfare.
14 (m) In order to provide for the expeditious and timely
15implementation of the provisions of the State's fiscal year
162008 budget, the Department of Healthcare and Family Services
17may adopt emergency rules during fiscal year 2008, including
18rules effective July 1, 2008, in accordance with this
19subsection to the extent necessary to administer the
20Department's responsibilities with respect to amendments to
21the State plans and Illinois waivers approved by the federal
22Centers for Medicare and Medicaid Services necessitated by the
23requirements of Title XIX and Title XXI of the federal Social
24Security Act. The adoption of emergency rules authorized by
25this subsection (m) shall be deemed to be necessary for the
26public interest, safety, and welfare.

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1 (n) In order to provide for the expeditious and timely
2implementation of the provisions of the State's fiscal year
32010 budget, emergency rules to implement any provision of
4Public Act 96-45 or any other budget initiative authorized by
5the 96th General Assembly for fiscal year 2010 may be adopted
6in accordance with this Section by the agency charged with
7administering that provision or initiative. The adoption of
8emergency rules authorized by this subsection (n) shall be
9deemed to be necessary for the public interest, safety, and
10welfare. The rulemaking authority granted in this subsection
11(n) shall apply only to rules promulgated during Fiscal Year
122010.
13 (o) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152011 budget, emergency rules to implement any provision of
16Public Act 96-958 or any other budget initiative authorized by
17the 96th General Assembly for fiscal year 2011 may be adopted
18in accordance with this Section by the agency charged with
19administering that provision or initiative. The adoption of
20emergency rules authorized by this subsection (o) is deemed to
21be necessary for the public interest, safety, and welfare. The
22rulemaking authority granted in this subsection (o) applies
23only to rules promulgated on or after July 1, 2010 (the
24effective date of Public Act 96-958) through June 30, 2011.
25 (p) In order to provide for the expeditious and timely
26implementation of the provisions of Public Act 97-689,

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1emergency rules to implement any provision of Public Act 97-689
2may be adopted in accordance with this subsection (p) by the
3agency charged with administering that provision or
4initiative. The 150-day limitation of the effective period of
5emergency rules does not apply to rules adopted under this
6subsection (p), and the effective period may continue through
7June 30, 2013. The 24-month limitation on the adoption of
8emergency rules does not apply to rules adopted under this
9subsection (p). The adoption of emergency rules authorized by
10this subsection (p) is deemed to be necessary for the public
11interest, safety, and welfare.
12 (q) In order to provide for the expeditious and timely
13implementation of the provisions of Articles 7, 8, 9, 11, and
1412 of Public Act 98-104, emergency rules to implement any
15provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
16may be adopted in accordance with this subsection (q) by the
17agency charged with administering that provision or
18initiative. The 24-month limitation on the adoption of
19emergency rules does not apply to rules adopted under this
20subsection (q). The adoption of emergency rules authorized by
21this subsection (q) is deemed to be necessary for the public
22interest, safety, and welfare.
23 (r) In order to provide for the expeditious and timely
24implementation of the provisions of Public Act 98-651,
25emergency rules to implement Public Act 98-651 may be adopted
26in accordance with this subsection (r) by the Department of

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1Healthcare and Family Services. The 24-month limitation on the
2adoption of emergency rules does not apply to rules adopted
3under this subsection (r). The adoption of emergency rules
4authorized by this subsection (r) is deemed to be necessary for
5the public interest, safety, and welfare.
6 (s) In order to provide for the expeditious and timely
7implementation of the provisions of Sections 5-5b.1 and 5A-2 of
8the Illinois Public Aid Code, emergency rules to implement any
9provision of Section 5-5b.1 or Section 5A-2 of the Illinois
10Public Aid Code may be adopted in accordance with this
11subsection (s) by the Department of Healthcare and Family
12Services. The rulemaking authority granted in this subsection
13(s) shall apply only to those rules adopted prior to July 1,
142015. Notwithstanding any other provision of this Section, any
15emergency rule adopted under this subsection (s) shall only
16apply to payments made for State fiscal year 2015. The adoption
17of emergency rules authorized by this subsection (s) is deemed
18to be necessary for the public interest, safety, and welfare.
19 (t) In order to provide for the expeditious and timely
20implementation of the provisions of Article II of Public Act
2199-6, emergency rules to implement the changes made by Article
22II of Public Act 99-6 to the Emergency Telephone System Act may
23be adopted in accordance with this subsection (t) by the
24Department of State Police. The rulemaking authority granted in
25this subsection (t) shall apply only to those rules adopted
26prior to July 1, 2016. The 24-month limitation on the adoption

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1of emergency rules does not apply to rules adopted under this
2subsection (t). The adoption of emergency rules authorized by
3this subsection (t) is deemed to be necessary for the public
4interest, safety, and welfare.
5 (u) In order to provide for the expeditious and timely
6implementation of the provisions of the Burn Victims Relief
7Act, emergency rules to implement any provision of the Act may
8be adopted in accordance with this subsection (u) by the
9Department of Insurance. The rulemaking authority granted in
10this subsection (u) shall apply only to those rules adopted
11prior to December 31, 2015. The adoption of emergency rules
12authorized by this subsection (u) is deemed to be necessary for
13the public interest, safety, and welfare.
14 (v) In order to provide for the expeditious and timely
15implementation of the provisions of Public Act 99-516,
16emergency rules to implement Public Act 99-516 may be adopted
17in accordance with this subsection (v) by the Department of
18Healthcare and Family Services. The 24-month limitation on the
19adoption of emergency rules does not apply to rules adopted
20under this subsection (v). The adoption of emergency rules
21authorized by this subsection (v) is deemed to be necessary for
22the public interest, safety, and welfare.
23 (w) In order to provide for the expeditious and timely
24implementation of the provisions of Public Act 99-796,
25emergency rules to implement the changes made by Public Act
2699-796 may be adopted in accordance with this subsection (w) by

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1the Adjutant General. The adoption of emergency rules
2authorized by this subsection (w) is deemed to be necessary for
3the public interest, safety, and welfare.
4 (x) In order to provide for the expeditious and timely
5implementation of the provisions of Public Act 99-906,
6emergency rules to implement subsection (i) of Section 16-115D,
7subsection (g) of Section 16-128A, and subsection (a) of
8Section 16-128B of the Public Utilities Act may be adopted in
9accordance with this subsection (x) by the Illinois Commerce
10Commission. The rulemaking authority granted in this
11subsection (x) shall apply only to those rules adopted within
12180 days after June 1, 2017 (the effective date of Public Act
1399-906). The adoption of emergency rules authorized by this
14subsection (x) is deemed to be necessary for the public
15interest, safety, and welfare.
16 (y) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 100-23,
18emergency rules to implement the changes made by Public Act
19100-23 to Section 4.02 of the Illinois Act on the Aging,
20Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
21Section 55-30 of the Alcoholism and Other Drug Abuse and
22Dependency Act, and Sections 74 and 75 of the Mental Health and
23Developmental Disabilities Administrative Act may be adopted
24in accordance with this subsection (y) by the respective
25Department. The adoption of emergency rules authorized by this
26subsection (y) is deemed to be necessary for the public

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1interest, safety, and welfare.
2 (z) In order to provide for the expeditious and timely
3implementation of the provisions of Public Act 100-554,
4emergency rules to implement the changes made by Public Act
5100-554 to Section 4.7 of the Lobbyist Registration Act may be
6adopted in accordance with this subsection (z) by the Secretary
7of State. The adoption of emergency rules authorized by this
8subsection (z) is deemed to be necessary for the public
9interest, safety, and welfare.
10 (aa) In order to provide for the expeditious and timely
11initial implementation of the changes made to Articles 5, 5A,
1212, and 14 of the Illinois Public Aid Code under the provisions
13of Public Act 100-581, the Department of Healthcare and Family
14Services may adopt emergency rules in accordance with this
15subsection (aa). The 24-month limitation on the adoption of
16emergency rules does not apply to rules to initially implement
17the changes made to Articles 5, 5A, 12, and 14 of the Illinois
18Public Aid Code adopted under this subsection (aa). The
19adoption of emergency rules authorized by this subsection (aa)
20is deemed to be necessary for the public interest, safety, and
21welfare.
22 (bb) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 100-587,
24emergency rules to implement the changes made by Public Act
25100-587 to Section 4.02 of the Illinois Act on the Aging,
26Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,

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1subsection (b) of Section 55-30 of the Alcoholism and Other
2Drug Abuse and Dependency Act, Section 5-104 of the Specialized
3Mental Health Rehabilitation Act of 2013, and Section 75 and
4subsection (b) of Section 74 of the Mental Health and
5Developmental Disabilities Administrative Act may be adopted
6in accordance with this subsection (bb) by the respective
7Department. The adoption of emergency rules authorized by this
8subsection (bb) is deemed to be necessary for the public
9interest, safety, and welfare.
10 (cc) In order to provide for the expeditious and timely
11implementation of the provisions of Public Act 100-587,
12emergency rules may be adopted in accordance with this
13subsection (cc) to implement the changes made by Public Act
14100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
15Pension Code by the Board created under Article 14 of the Code;
16Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
17the Board created under Article 15 of the Code; and Sections
1816-190.5 and 16-190.6 of the Illinois Pension Code by the Board
19created under Article 16 of the Code. The adoption of emergency
20rules authorized by this subsection (cc) is deemed to be
21necessary for the public interest, safety, and welfare.
22 (dd) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 100-864,
24emergency rules to implement the changes made by Public Act
25100-864 to Section 3.35 of the Newborn Metabolic Screening Act
26may be adopted in accordance with this subsection (dd) by the

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1Secretary of State. The adoption of emergency rules authorized
2by this subsection (dd) is deemed to be necessary for the
3public interest, safety, and welfare.
4 (ee) In order to provide for the expeditious and timely
5implementation of the provisions of this amendatory Act of the
6100th General Assembly, emergency rules implementing the
7Illinois Underground Natural Gas Storage Safety Act may be
8adopted in accordance with this subsection by the Department of
9Natural Resources. The adoption of emergency rules authorized
10by this subsection is deemed to be necessary for the public
11interest, safety, and welfare.
12 (ff) In order to provide for the expeditious and timely
13implementation of Section 5-5.23 of the Illinois Public Aid
14Code, emergency rules to implement the changes made by this
15amendatory Act of the 101st General Assembly to Section 5-5.23
16of the Illinois Public Aid Code may be adopted in accordance
17with this subsection (ff) by the Department of Healthcare and
18Family Services. The adoption of emergency rules authorized by
19this subsection (ff) is deemed to be necessary for the public
20interest, safety, and welfare.
21(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
22eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
2399-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
24100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff.
253-12-18; 100-587, Article 95, Section 95-5, eff. 6-4-18;
26100-587, Article 110, Section 110-5, eff. 6-4-18; 100-864, eff.

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18-14-18; 100-1172, eff. 1-4-19.)
2 Section 15. The State Employees Group Insurance Act of 1971
3is amended by changing Section 6.11 as follows:
4 (5 ILCS 375/6.11)
5 (Text of Section before amendment by P.A. 100-1170)
6 Sec. 6.11. Required health benefits; Illinois Insurance
7Code requirements. The program of health benefits shall provide
8the post-mastectomy care benefits required to be covered by a
9policy of accident and health insurance under Section 356t of
10the Illinois Insurance Code. The program of health benefits
11shall provide the coverage required under Sections 356g,
12356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
13356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
14356z.14, 356z.15, 356z.17, 356z.22, 356z.25, and 356z.26, and
15356z.29, 356z.32, and 356z.33 of the Illinois Insurance Code.
16The program of health benefits must comply with Sections
17155.22a, 155.37, 355b, 356z.19, 370c, and 370c.1 of the
18Illinois Insurance Code. The Department of Insurance shall
19enforce the requirements of this Section.
20 Rulemaking authority to implement Public Act 95-1045, if
21any, is conditioned on the rules being adopted in accordance
22with all provisions of the Illinois Administrative Procedure
23Act and all rules and procedures of the Joint Committee on
24Administrative Rules; any purported rule not so adopted, for

HB2572- 20 -LRB101 08755 KTG 53842 b
1whatever reason, is unauthorized.
2(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
3100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.
41-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised
51-8-19.)
6 (Text of Section after amendment by P.A. 100-1170)
7 Sec. 6.11. Required health benefits; Illinois Insurance
8Code requirements. The program of health benefits shall provide
9the post-mastectomy care benefits required to be covered by a
10policy of accident and health insurance under Section 356t of
11the Illinois Insurance Code. The program of health benefits
12shall provide the coverage required under Sections 356g,
13356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
14356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
15356z.14, 356z.15, 356z.17, 356z.22, 356z.25, 356z.26, 356z.29,
16and 356z.32, and 356z.33 of the Illinois Insurance Code. The
17program of health benefits must comply with Sections 155.22a,
18155.37, 355b, 356z.19, 370c, and 370c.1 of the Illinois
19Insurance Code. The Department of Insurance shall enforce the
20requirements of this Section with respect to Sections 370c and
21370c.1 of the Illinois Insurance Code; all other requirements
22of this Section shall be enforced by the Department of Central
23Management Services.
24 Rulemaking authority to implement Public Act 95-1045, if
25any, is conditioned on the rules being adopted in accordance

HB2572- 21 -LRB101 08755 KTG 53842 b
1with all provisions of the Illinois Administrative Procedure
2Act and all rules and procedures of the Joint Committee on
3Administrative Rules; any purported rule not so adopted, for
4whatever reason, is unauthorized.
5(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
6100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.
71-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19;
8100-1170, eff. 6-1-19.)
9 Section 20. The Substance Use Disorder Act is amended by
10adding Section 55-36 as follows:
11 (20 ILCS 301/55-36 new)
12 Sec. 55-36. Fostering continued engagement in substance
13use outpatient treatment. The existing policy and practice of
14the Department of Human Services' Division of Substance Use
15Prevention and Recovery, as set forth in the Division's
16Automated Reporting and Tracking System (DARTS) User Manual,
17with respect to substance use disorder outpatient services, of
18requiring substance use treatment providers to close out a case
19if an individual does not receive an outpatient service for 30
20days (the Division considers the person to have dropped out of
21treatment) is a barrier to reengaging in treatment and causes
22duplication of services upon reengagement. Beginning on the
23effective date of this amendatory Act of the 101st General
24Assembly, the Division of Substance Use Prevention and Recovery

HB2572- 22 -LRB101 08755 KTG 53842 b
1shall allow outpatient substance use treatment providers, if
2they choose to do so, keep a substance use treatment case open
3for at least 90 days when a person has not received a treatment
4service during such period to better foster reengaging in
5treatment. A person assessed to need Intensive
6Outpatient/Partial Hospitalization Level II care for substance
7use treatment shall be permitted to reach this level of care by
8the 6th week of treatment to enable them to gradually meet
9Level II service requirements. If anything in this Section
10causes a negative impact on Illinois' federal substance use
11block grant funding, this Section shall become inoperative.
12 Section 25. The Counties Code is amended by changing
13Section 5-1069.3 as follows:
14 (55 ILCS 5/5-1069.3)
15 Sec. 5-1069.3. Required health benefits. If a county,
16including a home rule county, is a self-insurer for purposes of
17providing health insurance coverage for its employees, the
18coverage shall include coverage for the post-mastectomy care
19benefits required to be covered by a policy of accident and
20health insurance under Section 356t and the coverage required
21under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x,
22356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
23356z.14, 356z.15, 356z.22, 356z.25, and 356z.26, and 356z.29,
24356z.32, and 356z.33 of the Illinois Insurance Code. The

HB2572- 23 -LRB101 08755 KTG 53842 b
1coverage shall comply with Sections 155.22a, 355b, 356z.19, and
2370c of the Illinois Insurance Code. The Department of
3Insurance shall enforce the requirements of this Section. The
4requirement that health benefits be covered as provided in this
5Section is an exclusive power and function of the State and is
6a denial and limitation under Article VII, Section 6,
7subsection (h) of the Illinois Constitution. A home rule county
8to which this Section applies must comply with every provision
9of this Section.
10 Rulemaking authority to implement Public Act 95-1045, if
11any, is conditioned on the rules being adopted in accordance
12with all provisions of the Illinois Administrative Procedure
13Act and all rules and procedures of the Joint Committee on
14Administrative Rules; any purported rule not so adopted, for
15whatever reason, is unauthorized.
16(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
17100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.
181-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised
1910-3-18.)
20 Section 30. The Illinois Municipal Code is amended by
21changing Section 10-4-2.3 as follows:
22 (65 ILCS 5/10-4-2.3)
23 Sec. 10-4-2.3. Required health benefits. If a
24municipality, including a home rule municipality, is a

HB2572- 24 -LRB101 08755 KTG 53842 b
1self-insurer for purposes of providing health insurance
2coverage for its employees, the coverage shall include coverage
3for the post-mastectomy care benefits required to be covered by
4a policy of accident and health insurance under Section 356t
5and the coverage required under Sections 356g, 356g.5,
6356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10,
7356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25,
8and 356z.26, and 356z.29, 356z.32, and 356z.33 of the Illinois
9Insurance Code. The coverage shall comply with Sections
10155.22a, 355b, 356z.19, and 370c of the Illinois Insurance
11Code. The Department of Insurance shall enforce the
12requirements of this Section. The requirement that health
13benefits be covered as provided in this is an exclusive power
14and function of the State and is a denial and limitation under
15Article VII, Section 6, subsection (h) of the Illinois
16Constitution. A home rule municipality to which this Section
17applies must comply with every provision of this Section.
18 Rulemaking authority to implement Public Act 95-1045, if
19any, is conditioned on the rules being adopted in accordance
20with all provisions of the Illinois Administrative Procedure
21Act and all rules and procedures of the Joint Committee on
22Administrative Rules; any purported rule not so adopted, for
23whatever reason, is unauthorized.
24(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
25100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.
261-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised

HB2572- 25 -LRB101 08755 KTG 53842 b
110-4-18.)
2 Section 35. The School Code is amended by changing Section
310-22.3f as follows:
4 (105 ILCS 5/10-22.3f)
5 Sec. 10-22.3f. Required health benefits. Insurance
6protection and benefits for employees shall provide the
7post-mastectomy care benefits required to be covered by a
8policy of accident and health insurance under Section 356t and
9the coverage required under Sections 356g, 356g.5, 356g.5-1,
10356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.11, 356z.12,
11356z.13, 356z.14, 356z.15, 356z.22, 356z.25, and 356z.26, and
12356z.29, 356z.32, and 356z.33 of the Illinois Insurance Code.
13Insurance policies shall comply with Section 356z.19 of the
14Illinois Insurance Code. The coverage shall comply with
15Sections 155.22a, 355b, and 370c of the Illinois Insurance
16Code. The Department of Insurance shall enforce the
17requirements of this Section.
18 Rulemaking authority to implement Public Act 95-1045, if
19any, is conditioned on the rules being adopted in accordance
20with all provisions of the Illinois Administrative Procedure
21Act and all rules and procedures of the Joint Committee on
22Administrative Rules; any purported rule not so adopted, for
23whatever reason, is unauthorized.
24(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;

HB2572- 26 -LRB101 08755 KTG 53842 b
1100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
21-1-19; 100-1102, eff. 1-1-19; revised 10-4-18.)
3 Section 40. The Illinois Insurance Code is amended by
4adding Section 356z.33 as follows:
5 (215 ILCS 5/356z.33 new)
6 Sec. 356z.33. Coverage of treatment models for early
7treatment of serious mental illnesses.
8 (a) For purposes of early treatment of a serious mental
9illness or serious emotional disturbance in a child or young
10adult under age 30, a group or individual policy of accident
11and health insurance, or managed care plan, that is amended,
12delivered, issued, or renewed after June 30, 2020 shall provide
13coverage of the following bundled, evidence-based treatment
14approaches for the purpose of early treatment of a serious
15mental illness or serious emotional disturbance:
16 (1) Coordinated specialty care for first episode
17 psychosis treatment, covering the elements of the
18 treatment model included in the most recent national
19 research trials conducted by the National Institute of
20 Mental Health in the Recovery After an Initial
21 Schizophrenia Episode (RAISE) trials for psychosis or
22 prodromal symptoms of psychosis resulting from a serious
23 mental illness or serious emotional disturbance, but
24 excluding the components of the treatment model related to

HB2572- 27 -LRB101 08755 KTG 53842 b
1 education and employment support.
2 (2) Assertive community treatment (ACT) and community
3 support team (CST) treatment, for purposes of early
4 treatment of a serious mental illness or serious emotional
5 disturbance. The elements of ACT and CST to be covered
6 shall include those covered under Article V of the Illinois
7 Public Aid Code, through 89 Ill. Adm. Code 140.453(d)(4).
8 (b) As used in this Section:
9 "Serious emotional disturbance" has the meaning as
10interpreted by the federal Substance Abuse and Mental Health
11Services Administration.
12 "Serious mental illness" has the meaning ascribed to that
13term in the most recent edition of the Diagnostic and
14Statistical Manual of Mental Disorders published by the
15American Psychiatric Association.
16 (c) For purposes of credentialing the mental health
17professionals and other medical professionals that are part of
18a first episode psychosis treatment team, an ACT team, or a CST
19team the credentialing of the psychiatrist or the licensed
20clinical leader of the treatment team shall qualify all members
21of the treatment team to be credentialed with the insurer.
22 (d) Payment for the services performed under the treatment
23models listed in this Section shall be based on a bundled
24treatment model or payment, rather than payment for each
25separate service delivered by a treatment team member. By no
26later than 6 months after the effective date of this amendatory

HB2572- 28 -LRB101 08755 KTG 53842 b
1Act of the 101st General Assembly, the Department of Insurance
2shall convene a workgroup of Illinois insurance companies and
3Illinois mental health treatment providers that deliver the
4bundled treatment approaches listed in this Section to
5determine a coding solution that allows for these bundled
6treatment models to be coded and paid for as a bundle of
7services, similar to intensive outpatient treatment where
8multiple services are covered under one billing code or a
9bundled set of billing codes. The coding solution shall ensure
10that services delivered using first episode psychosis
11treatment, ACT, or CST are provided and billed as a bundled
12service, rather than for each individual service provided by a
13treatment team member, which would deconstruct the
14evidence-based practice. The coding solution shall be reached
15prior to coverage, which shall begin for plans amended,
16delivered, issued, or renewed after June 30, 2020, to ensure
17coverage of the treatment team approaches as intended by this
18Section.
19 (e) For purposes of determining medical necessity for the
20treatment approaches listed in this Section, neither
21disability nor functional impairment shall be a precondition to
22receive the treatment approach. The goal of coverage of these
23treatment approaches, as described in this Section, is early
24treatment to prevent the worsening of the serious mental
25illness or serious emotional disturbance. Medical necessity
26shall be presumed following a psychiatric hospitalization if

HB2572- 29 -LRB101 08755 KTG 53842 b
1one of the treatment approaches listed in this Section is
2recommended by a licensed physician, licensed clinical
3psychologist, licensed professional clinical counselor, or
4licensed clinical social worker.
5 (f) If, at any time, the Secretary of the United States
6Department of Health and Human Services, or its successor
7agency, adopts rules or regulations to be published in the
8Federal Register or publishes a comment in the Federal Register
9or issues an opinion, guidance, or other action that would
10require the State, under any provision of the Patient
11Protection and Affordable Care Act (P.L. 111-148), including,
12but not limited to, 42 U.S.C. 18031(d)(3)(b), or any successor
13provision, to defray the cost of any coverage for serious
14mental illnesses or serious emotional disturbances outlined in
15this Section, then the requirement that a group or individual
16policy of accident and health insurance or managed care plan
17cover the bundled treatment approaches listed in this Section
18is inoperative other than any such coverage authorized under
19Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
20the State shall not assume any obligation for the cost of the
21coverage.
22 (g) After 5 years following full implementation of this
23Section, if requested by an insurer, the Department of
24Insurance shall contract with an independent third party with
25expertise in analyzing health insurance premiums and costs to
26perform an independent analysis of the impact coverage of the

HB2572- 30 -LRB101 08755 KTG 53842 b
1team-based treatment models listed in this Section has had on
2insurance premiums in Illinois. If premiums increased by more
3than 1% annually solely due to coverage of these treatment
4models, coverage of these models shall no longer be required.
5 Section 45. The Health Maintenance Organization Act is
6amended by changing Section 5-3 as follows:
7 (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
8 Sec. 5-3. Insurance Code provisions.
9 (a) Health Maintenance Organizations shall be subject to
10the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
11141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
12154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 355.3,
13355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4,
14356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,
15356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19, 356z.21,
16356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 356z.33,
17364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d,
18368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, 408.2,
19409, 412, 444, and 444.1, paragraph (c) of subsection (2) of
20Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, XIII,
21XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
22 (b) For purposes of the Illinois Insurance Code, except for
23Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
24Maintenance Organizations in the following categories are

HB2572- 31 -LRB101 08755 KTG 53842 b
1deemed to be "domestic companies":
2 (1) a corporation authorized under the Dental Service
3 Plan Act or the Voluntary Health Services Plans Act;
4 (2) a corporation organized under the laws of this
5 State; or
6 (3) a corporation organized under the laws of another
7 state, 30% or more of the enrollees of which are residents
8 of this State, except a corporation subject to
9 substantially the same requirements in its state of
10 organization as is a "domestic company" under Article VIII
11 1/2 of the Illinois Insurance Code.
12 (c) In considering the merger, consolidation, or other
13acquisition of control of a Health Maintenance Organization
14pursuant to Article VIII 1/2 of the Illinois Insurance Code,
15 (1) the Director shall give primary consideration to
16 the continuation of benefits to enrollees and the financial
17 conditions of the acquired Health Maintenance Organization
18 after the merger, consolidation, or other acquisition of
19 control takes effect;
20 (2)(i) the criteria specified in subsection (1)(b) of
21 Section 131.8 of the Illinois Insurance Code shall not
22 apply and (ii) the Director, in making his determination
23 with respect to the merger, consolidation, or other
24 acquisition of control, need not take into account the
25 effect on competition of the merger, consolidation, or
26 other acquisition of control;

HB2572- 32 -LRB101 08755 KTG 53842 b
1 (3) the Director shall have the power to require the
2 following information:
3 (A) certification by an independent actuary of the
4 adequacy of the reserves of the Health Maintenance
5 Organization sought to be acquired;
6 (B) pro forma financial statements reflecting the
7 combined balance sheets of the acquiring company and
8 the Health Maintenance Organization sought to be
9 acquired as of the end of the preceding year and as of
10 a date 90 days prior to the acquisition, as well as pro
11 forma financial statements reflecting projected
12 combined operation for a period of 2 years;
13 (C) a pro forma business plan detailing an
14 acquiring party's plans with respect to the operation
15 of the Health Maintenance Organization sought to be
16 acquired for a period of not less than 3 years; and
17 (D) such other information as the Director shall
18 require.
19 (d) The provisions of Article VIII 1/2 of the Illinois
20Insurance Code and this Section 5-3 shall apply to the sale by
21any health maintenance organization of greater than 10% of its
22enrollee population (including without limitation the health
23maintenance organization's right, title, and interest in and to
24its health care certificates).
25 (e) In considering any management contract or service
26agreement subject to Section 141.1 of the Illinois Insurance

HB2572- 33 -LRB101 08755 KTG 53842 b
1Code, the Director (i) shall, in addition to the criteria
2specified in Section 141.2 of the Illinois Insurance Code, take
3into account the effect of the management contract or service
4agreement on the continuation of benefits to enrollees and the
5financial condition of the health maintenance organization to
6be managed or serviced, and (ii) need not take into account the
7effect of the management contract or service agreement on
8competition.
9 (f) Except for small employer groups as defined in the
10Small Employer Rating, Renewability and Portability Health
11Insurance Act and except for medicare supplement policies as
12defined in Section 363 of the Illinois Insurance Code, a Health
13Maintenance Organization may by contract agree with a group or
14other enrollment unit to effect refunds or charge additional
15premiums under the following terms and conditions:
16 (i) the amount of, and other terms and conditions with
17 respect to, the refund or additional premium are set forth
18 in the group or enrollment unit contract agreed in advance
19 of the period for which a refund is to be paid or
20 additional premium is to be charged (which period shall not
21 be less than one year); and
22 (ii) the amount of the refund or additional premium
23 shall not exceed 20% of the Health Maintenance
24 Organization's profitable or unprofitable experience with
25 respect to the group or other enrollment unit for the
26 period (and, for purposes of a refund or additional

HB2572- 34 -LRB101 08755 KTG 53842 b
1 premium, the profitable or unprofitable experience shall
2 be calculated taking into account a pro rata share of the
3 Health Maintenance Organization's administrative and
4 marketing expenses, but shall not include any refund to be
5 made or additional premium to be paid pursuant to this
6 subsection (f)). The Health Maintenance Organization and
7 the group or enrollment unit may agree that the profitable
8 or unprofitable experience may be calculated taking into
9 account the refund period and the immediately preceding 2
10 plan years.
11 The Health Maintenance Organization shall include a
12statement in the evidence of coverage issued to each enrollee
13describing the possibility of a refund or additional premium,
14and upon request of any group or enrollment unit, provide to
15the group or enrollment unit a description of the method used
16to calculate (1) the Health Maintenance Organization's
17profitable experience with respect to the group or enrollment
18unit and the resulting refund to the group or enrollment unit
19or (2) the Health Maintenance Organization's unprofitable
20experience with respect to the group or enrollment unit and the
21resulting additional premium to be paid by the group or
22enrollment unit.
23 In no event shall the Illinois Health Maintenance
24Organization Guaranty Association be liable to pay any
25contractual obligation of an insolvent organization to pay any
26refund authorized under this Section.

HB2572- 35 -LRB101 08755 KTG 53842 b
1 (g) Rulemaking authority to implement Public Act 95-1045,
2if any, is conditioned on the rules being adopted in accordance
3with all provisions of the Illinois Administrative Procedure
4Act and all rules and procedures of the Joint Committee on
5Administrative Rules; any purported rule not so adopted, for
6whatever reason, is unauthorized.
7(Source: P.A. 99-761, eff. 1-1-18; 100-24, eff. 7-18-17;
8100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1026, eff.
98-22-18; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised
1010-4-18.)
11 Section 50. The Illinois Public Aid Code is amended by
12changing Section 5-5.23 and by adding Sections 5-36, 5-37,
135-38, and 5-39 as follows:
14 (305 ILCS 5/5-5.23)
15 Sec. 5-5.23. Children's mental health services.
16 (a) The Department of Healthcare and Family Services, by
17rule, shall require the screening and assessment of a child
18prior to any Medicaid-funded admission to an inpatient hospital
19for psychiatric services to be funded by Medicaid. The
20screening and assessment shall include a determination of the
21appropriateness and availability of out-patient support
22services for necessary treatment. The Department, by rule,
23shall establish methods and standards of payment for the
24screening, assessment, and necessary alternative support

HB2572- 36 -LRB101 08755 KTG 53842 b
1services.
2 (b) The Department of Healthcare and Family Services, to
3the extent allowable under federal law, shall secure federal
4financial participation for Individual Care Grant expenditures
5made by the Department of Healthcare and Family Services for
6the Medicaid optional service authorized under Section 1905(h)
7of the federal Social Security Act, pursuant to the provisions
8of Section 7.1 of the Mental Health and Developmental
9Disabilities Administrative Act. The Department of Healthcare
10and Family Services may exercise the authority under this
11Section as is necessary to administer Individual Care Grants as
12authorized under Section 7.1 of the Mental Health and
13Developmental Disabilities Administrative Act.
14 (c) The Department of Healthcare and Family Services shall
15work collaboratively with the Department of Children and Family
16Services and the Division of Mental Health of the Department of
17Human Services to implement subsections (a) and (b).
18 (d) On and after July 1, 2012, the Department shall reduce
19any rate of reimbursement for services or other payments or
20alter any methodologies authorized by this Code to reduce any
21rate of reimbursement for services or other payments in
22accordance with Section 5-5e.
23 (e) All rights, powers, duties, and responsibilities
24currently exercised by the Department of Human Services related
25to the Individual Care Grant program are transferred to the
26Department of Healthcare and Family Services with the transfer

HB2572- 37 -LRB101 08755 KTG 53842 b
1and transition of the Individual Care Grant program to the
2Department of Healthcare and Family Services to be completed
3and implemented within 6 months after the effective date of
4this amendatory Act of the 99th General Assembly. For the
5purposes of the Successor Agency Act, the Department of
6Healthcare and Family Services is declared to be the successor
7agency of the Department of Human Services, but only with
8respect to the functions of the Department of Human Services
9that are transferred to the Department of Healthcare and Family
10Services under this amendatory Act of the 99th General
11Assembly.
12 (1) Each act done by the Department of Healthcare and
13 Family Services in exercise of the transferred powers,
14 duties, rights, and responsibilities shall have the same
15 legal effect as if done by the Department of Human Services
16 or its offices.
17 (2) Any rules of the Department of Human Services that
18 relate to the functions and programs transferred by this
19 amendatory Act of the 99th General Assembly that are in
20 full force on the effective date of this amendatory Act of
21 the 99th General Assembly shall become the rules of the
22 Department of Healthcare and Family Services. All rules
23 transferred under this amendatory Act of the 99th General
24 Assembly are hereby amended such that the term "Department"
25 shall be defined as the Department of Healthcare and Family
26 Services and all references to the "Secretary" shall be

HB2572- 38 -LRB101 08755 KTG 53842 b
1 changed to the "Director of Healthcare and Family Services
2 or his or her designee". As soon as practicable hereafter,
3 the Department of Healthcare and Family Services shall
4 revise and clarify the rules to reflect the transfer of
5 rights, powers, duties, and responsibilities affected by
6 this amendatory Act of the 99th General Assembly, using the
7 procedures for recodification of rules available under the
8 Illinois Administrative Procedure Act, except that
9 existing title, part, and section numbering for the
10 affected rules may be retained. The Department of
11 Healthcare and Family Services, consistent with its
12 authority to do so as granted by this amendatory Act of the
13 99th General Assembly, shall propose and adopt any other
14 rules under the Illinois Administrative Procedure Act as
15 necessary to administer the Individual Care Grant program.
16 These rules may include, but are not limited to, the
17 application process and eligibility requirements for
18 recipients.
19 (3) All unexpended appropriations and balances and
20 other funds available for use in connection with any
21 functions of the Individual Care Grant program shall be
22 transferred for the use of the Department of Healthcare and
23 Family Services to operate the Individual Care Grant
24 program. Unexpended balances shall be expended only for the
25 purpose for which the appropriation was originally made.
26 The Department of Healthcare and Family Services shall

HB2572- 39 -LRB101 08755 KTG 53842 b
1 exercise all rights, powers, duties, and responsibilities
2 for operation of the Individual Care Grant program.
3 (4) Existing personnel and positions of the Department
4 of Human Services pertaining to the administration of the
5 Individual Care Grant program shall be transferred to the
6 Department of Healthcare and Family Services with the
7 transfer and transition of the Individual Care Grant
8 program to the Department of Healthcare and Family
9 Services. The status and rights of Department of Human
10 Services employees engaged in the performance of the
11 functions of the Individual Care Grant program shall not be
12 affected by this amendatory Act of the 99th General
13 Assembly. The rights of the employees, the State of
14 Illinois, and its agencies under the Personnel Code and
15 applicable collective bargaining agreements or under any
16 pension, retirement, or annuity plan shall not be affected
17 by this amendatory Act of the 99th General Assembly. All
18 transferred employees who are members of collective
19 bargaining units shall retain their seniority, continuous
20 service, salary, and accrued benefits.
21 (5) All books, records, papers, documents, property
22 (real and personal), contracts, and pending business
23 pertaining to the powers, duties, rights, and
24 responsibilities related to the functions of the
25 Individual Care Grant program, including, but not limited
26 to, material in electronic or magnetic format and necessary

HB2572- 40 -LRB101 08755 KTG 53842 b
1 computer hardware and software, shall be delivered to the
2 Department of Healthcare and Family Services; provided,
3 however, that the delivery of this information shall not
4 violate any applicable confidentiality constraints.
5 (6) Whenever reports or notices are now required to be
6 made or given or papers or documents furnished or served by
7 any person to or upon the Department of Human Services in
8 connection with any of the functions transferred by this
9 amendatory Act of the 99th General Assembly, the same shall
10 be made, given, furnished, or served in the same manner to
11 or upon the Department of Healthcare and Family Services.
12 (7) This amendatory Act of the 99th General Assembly
13 shall not affect any act done, ratified, or canceled or any
14 right occurring or established or any action or proceeding
15 had or commenced in an administrative, civil, or criminal
16 cause regarding the Department of Human Services before the
17 effective date of this amendatory Act of the 99th General
18 Assembly; and those actions or proceedings may be defended,
19 prosecuted, and continued by the Department of Human
20 Services.
21 (f) (Blank). The Individual Care Grant program shall be
22inoperative during the calendar year in which implementation
23begins of any remedies in response to litigation against the
24Department of Healthcare and Family Services related to
25children's behavioral health and the general status of
26children's behavioral health in this State. Individual Care

HB2572- 41 -LRB101 08755 KTG 53842 b
1Grant recipients in the program the year it becomes inoperative
2shall continue to remain in the program until it is clinically
3appropriate for them to step down in level of care.
4 (g) Family Support Program. As Illinois' sole program for
5children and young adults with high mental health needs
6regardless of their source of health insurance (such as
7Medicaid or private insurance) the Department of Healthcare and
8Family Services shall restructure the Family Support Program,
9formerly known as the Individual Care Grant program, to: (i)
10enable early treatment of a child or young adult with serious
11mental health needs; (ii) align the program with system of care
12principles where a set of services, as outlined in this
13Section, are available to the child or young adult, and his or
14her family, to meet the needs of the child and the family; and
15(iii) include both community-based and residential treatment
16services. As part of a system of care approach, the following
17shall be hallmarks of the Family Support Program:
18 (1) The treatment and support services available to the
19 child or young adult, and the family, shall be based on a
20 comprehensive mental and behavioral health needs
21 assessment, including substance use treatment needs, of
22 the child or young adult.
23 (2) Community-based, wrap-around services, including
24 team-based psychosocial treatment approaches, and
25 substance use treatment, shall be available early on in the
26 child or young adult's condition to enable early treatment

HB2572- 42 -LRB101 08755 KTG 53842 b
1 and wellness.
2 (3) Strong interagency collaboration between all the
3 State agencies the family is involved with for services,
4 including the Department of Healthcare and Family
5 Services, the Department of Human Services, the Department
6 of Public Health, the Department of Children and Family
7 Services, the Department of Juvenile Justice, and the
8 Illinois State Board of Education, given that multiple
9 treatment providers and public and private agencies are
10 often involved with the child or young adult.
11 (4) Individualized, strengths-based practices and
12 trauma-informed treatment approaches.
13 (5) Full participation of the family at all levels of
14 treatment through a Child and Family Team using a process
15 that is family-centered and child-focused as part of the
16 wrap-around planning for determining services and supports
17 necessary to stabilize the child or young adult, and the
18 family, to enable wellness and recovery. This planning
19 process must include consideration of the services and
20 supports the parent or caregivers might need for family
21 stabilization, and must assist in making connections to
22 services based on the insurance coverage of the adult
23 family members or caregivers.
24 (h) Maximizing federal Medicaid matching dollars for the
25Family Support Program. The Department of Healthcare and Family
26Services, as the sole Medicaid State agency, shall apply to the

HB2572- 43 -LRB101 08755 KTG 53842 b
1federal Centers for Medicare and Medicaid Services within 6
2months after the effective date of this amendatory Act of the
3101st General Assembly for an Illinois Title XIX State Plan
4amendment under Section 1915(i) of the Social Security Act or a
5Home and Community-Based Services Waiver to draw additional
6federal Medicaid matching funds for services provided through
7the Family Support Program for children and young adults who do
8not otherwise meet the eligibility criteria for Medicaid
9coverage. If federal approval is granted, the Department of
10Healthcare and Family Services shall file any rule necessary
11for implementation of this subsection within 3 months after
12receiving federal approval.
13 (i) Family Support Program; eligibility. A child or young
14adult under the age of 26 who (i) has a primary mental health
15diagnosis from the most current edition of the Diagnostic and
16Statistical Manual of Mental Disorders published by the
17American Psychiatric Association or the International
18Statistical Classification of Diseases and Related Health
19Problems published by the World Health Organization, or (ii)
20has a serious emotional disturbance, excluding those with a
21primary diagnosis of an intellectual or a developmental
22disability or a learning disability shall be eligible for
23services under the Family Support Program, including
24community-based wrap-around services, if the child's or young
25adult's diagnosed condition prevents him or her from
26functioning in at least 2 of the following domains:

HB2572- 44 -LRB101 08755 KTG 53842 b
1age-appropriate self-care, family life, education or work,
2community living, or social/peer relationships. Psychosis
3shall not be required to be eligible for services under the
4Family Support Program.
5 (1) Presumptive eligibility. A child or young adult,
6 including a former youth in care, under the age of 26 shall
7 have presumptive eligibility under the Family Support
8 Program following 3 psychiatric inpatient hospital
9 admissions within a 12-month period regardless of whether
10 there is a diagnosis of a serious mental illness or serious
11 emotional disturbance, as it is not uncommon for children
12 and young adults with serious mental health needs to not
13 have a diagnosed condition, particularly for children that
14 experienced trauma at an early age.
15 (2) Maximizing private and public insurance coverage.
16 A family or young adult with private insurance coverage
17 shall work with the Department of Healthcare and Family
18 Services to maximize insurance coverage for any and all
19 benefits covered by his or her health plan. If the
20 Department of Healthcare and Family Services has a concern
21 relating to the family's insurer's compliance with State or
22 federal insurance requirements relating to the child's
23 coverage of mental health or substance use disorders, the
24 Department shall refer all relevant information to the
25 applicable regulatory authority. A family or young adult
26 with Medicaid coverage shall maximize the use of their

HB2572- 45 -LRB101 08755 KTG 53842 b
1 Medicaid coverage for treatment services.
2 (3) Family involvement. While parental, guardian, or
3 caregiver involvement shall be highly encouraged for
4 children and young adults in the Family Support Program,
5 for young adults age 18 up to age 26, parental, caregiver,
6 or guardian involvement in their care shall be encouraged
7 but not required to receive services through the Family
8 Support Program.
9 (4) Notification of presumptive eligibility. By no
10 later than 6 months after the effective date of this
11 amendatory Act of the 101st General Assembly, the
12 Department of Healthcare and Family Services, with
13 meaningful stakeholder input from psychiatric hospitals,
14 community providers, and advocates, shall be responsible
15 for developing a process in which (i) the parents,
16 guardian, or caregiver of a child or young adult, or a
17 young adult age 18 or older directly, meeting the
18 presumptive eligibility criteria are notified of
19 presumptive eligibility for the Family Support Program; or
20 (ii) the parents, guardian, or caregiver, or the young
21 adult age 18 or older directly, is provided with
22 information on the criteria for meeting presumptive
23 eligibility, prior to hospital discharge to enable early
24 connection to treatment following hospitalization. The
25 Department of Healthcare and Family Services shall take
26 into account that young adults without parental

HB2572- 46 -LRB101 08755 KTG 53842 b
1 involvement are eligible for the Family Support Program and
2 shall consider their needs and their ability (or inability)
3 to apply in developing a process for entry into the Family
4 Support Program through presumptive eligibility.
5 (5) Appropriation. This subsection shall be limited by
6 the State's annual appropriation to the Family Support
7 Program. Annual program expenditures shall not exceed the
8 State's appropriation to the Family Support Program for
9 that year.
10 (j) Family Support Program services. Services provided
11under the Family Support Program shall include the following
12irrespective of the type of insurance coverage of the child or
13young adult:
14 (1) All community-based mental health services covered
15 under the Medical Assistance Program (whether in the
16 Illinois Title XIX State Plan or covered through a waiver),
17 including all team-based services and care and case
18 management services, and all the services included in 89
19 Ill. Adm. Code 140.453 and 140.454.
20 (2) All community-based substance use treatment
21 services covered under the Medical Assistance Program,
22 whether covered by the Illinois Title XIX State Plan or by
23 a federal waiver.
24 (3) Mental health residential treatment covered by the
25 Family Support Program shall include treatment in a live-in
26 therapeutic residential facility for children and young

HB2572- 47 -LRB101 08755 KTG 53842 b
1 adults up to age 21. For youth and young adults 18 years of
2 age or older (up to age 26) who need ongoing housing and
3 treatment support to maintain recovery and gain
4 independence, this level of treatment shall be provided
5 using an age-appropriate supportive housing model through
6 which the Family Support Program pays for housing support
7 in the community mirroring the Division of Mental Health's
8 Bridge Subsidy Program in existence on the effective date
9 of this amendatory Act of the 101st General Assembly,
10 combined with community-based mental health and substance
11 use treatment services. The Department of Healthcare and
12 Family Services, with meaningful stakeholder input from
13 providers and advocates, shall file an amendment to 89 Ill.
14 Adm. Code 139 for purposes of implementing an
15 age-appropriate supportive housing model through the
16 Family Support Program, consistent with subparagraphs (A)
17 and (B) within 6 months after the effective date of this
18 amendatory Act of the 101st General Assembly.
19 (A) For young adults receiving Family Support
20 Program residential treatment services in a live-in,
21 therapeutic residential treatment facility who reach
22 age 21 but who continue to need residential and
23 treatment support to maintain recovery and gain
24 independence based on the recommendation of a licensed
25 practitioner of the healing arts based on the results
26 of the youths' comprehensive mental health needs

HB2572- 48 -LRB101 08755 KTG 53842 b
1 assessment, these youth shall be transitioned into the
2 community using an age-appropriate supportive housing
3 model outlined in this Section. The transition period
4 to supportive housing for these young adults shall
5 begin no later than 6 months prior to transition to the
6 community to enable sufficient time to locate
7 appropriate, safe housing and make the transition
8 without disrupting the treatment and care for the young
9 adult. A young adult transitioning to a supportive
10 housing model from a residential treatment facility
11 through the Family Support Program shall not stay in
12 the supportive housing model beyond 2 years. A young
13 adult transitioning from a residential treatment
14 facility or from supportive housing through the Family
15 Support Program shall be eligible for community-based
16 services through the Family Support Program to support
17 his or her recovery and wellness up to age 26 based on
18 his or her level of need using a comprehensive mental
19 and behavioral health needs assessment.
20 (B) If a young adult age 21 or older comes into the
21 Family Support Program for services and residential
22 treatment and is recommended by a licensed
23 practitioner of the healing arts based on the results
24 of the comprehensive mental health needs assessment,
25 that young adult shall be provided treatment using an
26 age-appropriate supportive housing model outlined in

HB2572- 49 -LRB101 08755 KTG 53842 b
1 this Section. For such youth, his or her length of stay
2 in supportive housing through the Family Support
3 Program shall not exceed 2 years in total. A young
4 adult age 21, up to age 26, transitioning from
5 supportive housing through the Family Support Program
6 shall be eligible for community-based services through
7 the Family Support Program to support the young adult's
8 recovery and wellness up to age 26 based on his or her
9 level of need using a comprehensive mental and
10 behavioral health needs assessment. A young adult
11 coming into the Family Support Program who is age 21 or
12 older who needs only community-based mental health and
13 substance use treatment services shall be eligible for
14 the level of care the young adult needs based on his or
15 her comprehensive mental and behavioral health needs
16 assessment up to age 26.
17 (C) The amount of Family Support Program funding
18 available for supportive housing services for young
19 adults age 21 up to age 26 shall not exceed one-quarter
20 of the annual appropriation made to the Family Support
21 Program.
22 (D) The Department of Healthcare and Family
23 Services shall develop a new level of therapeutic
24 residential treatment for children or young adults
25 under age 21 with high-acuity residential treatment
26 needs but who are no longer appropriate for

HB2572- 50 -LRB101 08755 KTG 53842 b
1 hospitalization. This level of care shall be
2 equivalent to, and mirror, Medicaid psychiatric
3 residential treatment facilities for children to
4 ensure that when Illinois develops Medicaid-covered
5 psychiatric residential treatment facilities, these
6 facilities will qualify for federal Medicaid matching
7 dollars as psychiatric residential treatment
8 facilities for the Medicaid population. With
9 meaningful input from stakeholders, including mental
10 health residential treatment providers, the Department
11 of Healthcare and Family Services shall determine the
12 staffing needs of treatment providers to safely
13 provide this level of care, and any infrastructure
14 modifications needed to accommodate this level of
15 care, and shall develop the reimbursement rate that
16 covers the full cost to provide this level of care and
17 shall provide for reimbursement for necessary
18 infrastructure investments. This level of care shall
19 be developed within 3 months after the effective date
20 of this amendatory Act of the 101st General Assembly to
21 alleviate the crisis of children remaining in
22 psychiatric hospitals beyond medical necessity. The
23 amount of the annual appropriation made to the Family
24 Support Program that is spent on the high-acuity
25 residential treatment outlined in this subparagraph
26 shall not exceed 12% of that appropriation amount.

HB2572- 51 -LRB101 08755 KTG 53842 b
1 Using Medicaid claims data over the last 5 years, the
2 Department of Healthcare and Family Services shall
3 assess the estimated number of these high-acuity
4 residential treatment beds that are needed in each
5 region of the State based on the number of children
6 remaining in psychiatric hospitals beyond medical
7 necessity and the number of children placed
8 out-of-state who need this level of care. The
9 Department of Healthcare and Family Services shall
10 report the results of this assessment to the General
11 Assembly by no later than June 30, 2020.
12 (4) Short-term, 90-day therapeutic crisis beds for
13 children or young adults under age 21 who are at-risk of
14 longer-term residential treatment shall be developed by
15 the Department of Healthcare and Family Services. These
16 crisis beds shall not diminish the existing residential
17 treatment bed capacity in each region of the State. This
18 level of care and the reimbursement rates shall be
19 developed by the Department of Healthcare and Family
20 Services within 3 months after the effective date of this
21 amendatory Act of the 101st General Assembly to alleviate
22 the crisis of children remaining in psychiatric hospitals
23 beyond medical necessity.
24 (5) Supported education and employment services. To
25 assist children or young adults in recovery, and to help
26 them to remain in school or working so they can acquire the

HB2572- 52 -LRB101 08755 KTG 53842 b
1 skills needed to become independent adults, Family Support
2 Program services shall include supported education and
3 employment services. The Department of Healthcare and
4 Family Services shall adjust the Family Support Program
5 rates upward to cover the cost of supported education and
6 employment services. These services shall be available
7 when recommended by a licensed practitioner of the healing
8 arts based on the results of the comprehensive mental
9 health needs assessment of the child or young adult.
10 (k) Consistent reimbursement rates. At a minimum,
11reimbursement rates in effect at the time of the service for
12community-based services shall be the rate paid to providers of
13Family Support Program services for the services covered by the
14Medical Assistance Program either under the Illinois Title XIX
15State Plan or through a federal waiver whether or not the child
16or young adult is covered under the Medical Assistance Program.
17 (l) Service eligibility. Consistent with system of care
18principles, a child or young adult in the Family Support
19Program shall be eligible to receive a mental health or
20substance use treatment service covered by the Family Support
21Program in accordance with this Section if it is recommended by
22a licensed practitioner of the healing arts based on the
23results of a comprehensive behavioral health needs assessment
24of the child or young adult whether or not the child or young
25adult is in a Medicaid managed care plan. Because children and
26young adults with serious mental health conditions typically

HB2572- 53 -LRB101 08755 KTG 53842 b
1need treatment for several months to stabilize their condition,
2the initial prior authorization for all team-based treatment
3(such as assertive community treatment or community support
4treatment) or residential treatment shall last for 6 months
5whether or not the child or young adult is in a Medicaid
6managed care plan. Following the first 6 months of team-based
7treatment or residential treatment, prior authorization shall
8not be required more frequently than quarterly, whether or not
9the child or young adult is in a Medicaid managed care plan.
10Mental and behavioral health assessments, treatment plans and
11treatment plan updates, and related reporting and
12documentation shall occur no more frequently than what is
13clinically appropriate. In determining the required frequency
14of assessments, treatment plans, and treatment plan updates,
15the Department of Healthcare and Family Services shall consider
16the frequency of such steps in the treatment process for other
17similar chronic medical conditions such as for diabetes.
18 (m) Streamlined application. The Department of Healthcare
19and Family Services shall revise the Family Support Program
20application and the application process to reflect the changes
21made to this Section by this amendatory Act of the 101st
22General Assembly consistent with the implementation timelines
23contained in this Section. For a child and young adult meeting
24the presumptive eligibility requirements, the Department of
25Healthcare and Family Services shall develop an application
26that is no longer than 2 pages that enables the family or young

HB2572- 54 -LRB101 08755 KTG 53842 b
1adult to demonstrate that they have met the presumptive
2eligibility standards set forth in this Section without undue
3burden or cost to ensure prompt access to treatment through the
4Family Support Program immediately following psychiatric
5hospitalization (services established or a treatment placement
6within 30 days following psychiatric hospital discharge).
7 (n) Services provided to Family Support Program youth
8during unplanned absences. Reimbursement for Family Support
9Program services, including transitional care services,
10intensive case management, and other services, delivered
11during unplanned absences from residential treatment
12(including under a supportive housing model) due to
13hospitalization, justice system involvement, or running away
14shall mirror the policies in place on January 1, 2018 for
15reimbursement of residential treatment provided through the
16Department of Children and Family Services, given the
17similarities between the 2 populations and the severity of the
18illnesses these children or youth have.
19 (o) Family Support Program public awareness and
20educational campaign for all relevant providers. To ensure
21widespread knowledge about the availability of the Family
22Support Program for families in need of treatment services for
23children with significant mental health needs, or for young
24adults who do not have an involved parent or caregiver, the
25Department of Healthcare and Family Services shall engage in a
26public awareness campaign to educate hospitals with

HB2572- 55 -LRB101 08755 KTG 53842 b
1psychiatric units, crisis response providers (such as SASS and
2CCBYS agencies), schools, and other community institutions and
3providers across Illinois on the changes to the Family Support
4Program made by this amendatory Act of the 101st General
5Assembly, how eligibility has changed, and how families and
6young adults in need of treatment can apply. The Department of
7Healthcare and Family Services shall produce written materials
8geared for the appropriate target audience, develop webinars,
9and conduct outreach visits over a one-year period beginning in
10September 2019.
11 (p) Notwithstanding any other provision of law, annual
12appropriations made to the Family Support Program, including
13unspent or lapsed Family Support Program funds, shall not be
14subject to fund sweeps, administrative charges or chargebacks,
15or any other fiscal or budgetary maneuver that would in any way
16transfer any funds appropriated for Family Support Program
17services into any other fund of the State.
18 (q) Outcomes and data on the Family Support Program.
19Beginning in 2021, the Department of Healthcare and Family
20Services shall submit an annual report to the General Assembly
21that includes the following information with respect to the
22time period covered by the report:
23 (1) The number and ages of the children and young
24 adults who requested services under the Family Support
25 Program, the services requested, and the services
26 received.

HB2572- 56 -LRB101 08755 KTG 53842 b
1 (2) The number and ages of the children and young
2 adults who requested services under the Family Support
3 Program and were presumptively eligible for services in
4 accordance with this Section.
5 (3) The length of time between application and
6 assessment, and between assessment and the provision of
7 Family Support Program services consistent with the
8 assessed need, broken down by (i) the needed level of care,
9 (ii) the age of the child or young adult, and (iii) whether
10 or not the child or young adult had presumptive
11 eligibility.
12 (4) The number and ages of the children or young adults
13 who applied for Family Support Program services but did not
14 receive any services, or did not receive the level of care
15 identified as appropriate by the assessment, and the reason
16 why services, or the appropriate services, were not
17 provided.
18 (r) Rulemaking authority. Unless otherwise specified, this
19Section takes effect on the effective date of this amendatory
20Act of the 101st General Assembly. Unless a timeline is
21otherwise specified in a subsection, if amendments to 89 Ill.
22Adm. Code 139 are needed for implementation of this Section,
23such amendments shall be filed by the Department of Healthcare
24and Family Services within 6 months after the effective date of
25this amendatory Act of the 101st General Assembly. The
26Department may adopt rules necessary to implement this Section

HB2572- 57 -LRB101 08755 KTG 53842 b
1through the use of emergency rulemaking in accordance with
2Section 5-45 of the Illinois Administrative Procedure Act. For
3purposes of that Act, the General Assembly finds that the
4adoption of rules to implement this Section is deemed an
5emergency and necessary for the public interest, safety, and
6welfare.
7(Source: P.A. 99-479, eff. 9-10-15.)
8 (305 ILCS 5/5-36 new)
9 Sec. 5-36. In-Home Therapy Pilot Program for children and
10youth.
11 (a) Within 6 months after the effective date of this
12amendatory Act of the 101st General Assembly, the Department of
13Healthcare and Family Services shall submit an application to
14the federal Centers for Medicare and Medicaid Services for
15Medicaid coverage through its existing 1115 waiver, or through
16a separate federal waiver or Illinois Title XIX State Plan
17amendment, for an In-Home Therapy Pilot Program for children or
18youth under age 21 to be provided in their parent's,
19guardian's, or caregiver's home, or at any other community or
20natural setting including school or child care. The purpose of
21the In-Home Therapy Pilot Program shall be to ameliorate the
22child or youth's mental health issues, and strengthen the
23family structures and supports. Hallmarks of in-home therapy,
24to be provided by a clinician, with the support of a
25paraprofessional, shall include or allow for each the following

HB2572- 58 -LRB101 08755 KTG 53842 b
1of the following:
2 (1) 24 hours a day, 7 days a week response capability
3 by the provider.
4 (2) The frequency and duration of the visit will match
5 the need and not be time-limited.
6 (3) Intensive family therapy that includes working
7 with the child or family, including understanding the
8 family dynamics, possible safety concerns, and seeking to
9 teach strategies that address stressors that may arise in
10 the process. Intensive family therapy may include sessions
11 without the presence of the child in order to assist in
12 strengthening parenting skills that are related to the
13 child's mental health needs.
14 (4) Coaching in support of decision-making in both
15 crisis and non-crisis situations.
16 (5) Skills training for the youth or the youth's
17 parent, guardian, or caregiver.
18 The In-Home Therapy Pilot Program shall require a showing
19of medical necessity based on a comprehensive behavioral health
20assessment. Medical necessity shall not require a more
21stringent test than that the child or youth's clinical
22condition warrants in-home therapy in order to: (i) enhance
23problem-solving, limit-setting, risk management or safety
24planning, and communication; (ii) advance the therapeutic
25goals or improve ineffective patterns of interaction; and (iii)
26build skills to strengthen the parent's or caregiver's ability

HB2572- 59 -LRB101 08755 KTG 53842 b
1to sustain the child or youth in the home setting or to prevent
2the need for more intensive levels of service such as inpatient
3hospitalization or other out-of-home behavioral health
4treatment services.
5 (b) The Department of Healthcare and Family Services shall
6establish a rule for implementation of the In-Home Therapy
7Pilot Program within 6 months after receiving federal approval
8for Medicaid coverage for in-home therapy services. In-home
9therapy services shall not become a Medicaid-covered service
10unless federal financial participation is provided. Upon
11federal approval of Medicaid coverage for in-home therapy
12services and upon approval by the Joint Committee on
13Administrative Rules of a final rule for purposes of
14implementing the In-Home Therapy Pilot Program, in-home
15therapy services shall also be covered by the Family Support
16Program.
17 (305 ILCS 5/5-37 new)
18 Sec. 5-37. Education on mental health and substance use
19treatment services for children and young adults. The
20Department of Healthcare and Family Services shall contract
21with a third party with marketing and communications expertise
22to develop a layman's guide to the mental health and substance
23use treatment services available in Illinois through the
24Medical Assistance Program and through the Family Support
25Program, or other publicly funded programs, similar to what

HB2572- 60 -LRB101 08755 KTG 53842 b
1Massachusetts developed, to help families understand what
2services are available to them when they have a child in need
3of treatment or support. The guide shall be in
4easy-to-understand language, be prominently available the
5Department of Healthcare and Family Services' website, and be
6part of a statewide communications campaign to ensure families
7are aware of Family Support Program services. It shall briefly
8explain the service and whether it is covered by the Medical
9Assistance Program, the Family Support Program, or any other
10public funding source. Within one year after the effective date
11of this amendatory Act of the 101st General Assembly, the
12Department of Healthcare and Family Services shall complete
13this guide, have it available on its website, and launch the
14communications campaign. The Department of Healthcare and
15Family Services shall remove the requirement for family
16leadership councils under each Medicaid managed care
17organization and shall instead update this guide periodically
18as programs and services change or are added. Within 6 months
19after the effective date of this amendatory Act of the 101st
20General Assembly, the Department of Healthcare and Family
21Services shall develop and fund family leadership councils, or
22similar family-run organizations, regionally across Illinois,
23with a separate statewide Family Leadership Council made up of
24representatives from each regional council. These family
25leadership councils or similar family-run organizations shall
26help families gain the education and knowledge on available

HB2572- 61 -LRB101 08755 KTG 53842 b
1mental health and substance use treatment services available
2for children and young adults. The family leadership councils
3or similar family-run organizations established shall have
4input on the development of the layman's guide in accordance
5with this Section to ensure it is understandable for parents.
6 (305 ILCS 5/5-38 new)
7 Sec. 5-38. Billing mechanism for preventive mental health
8services delivered to children.
9 (a) The General Assembly finds:
10 (1) It is common for children to have mental health
11 needs but to not have a full-blown diagnosis of a mental
12 illness. Examples include, but are not limited to, children
13 who have mild or emerging symptoms of a mental health
14 condition (such as meeting some but not all the criteria
15 for a diagnosis, including, but not limited to, symptoms of
16 depression, attentional deficits, anxiety or prodromal
17 symptoms of bipolar disorder or schizophrenia); cutting or
18 engaging in other forms of self-harm; or experiencing
19 violence or trauma).
20 (2) The federal requirement that Medicaid-covered
21 children have access to Early and Periodic Screening,
22 Diagnostic and Treatment services includes ensuring that
23 Medicaid-covered children who have a mental health need but
24 do not have a mental health diagnosis have access to
25 treatment.

HB2572- 62 -LRB101 08755 KTG 53842 b
1 (3) The Department of Healthcare and Family Services'
2 existing policy acknowledges this federal requirement by
3 allowing for Medicaid billing for mental health services
4 for children who have a need for services but who do not
5 have a mental health diagnosis in Section 207.3.3 of the
6 Community-Based Behavioral Services Provider Handbook.
7 However, the current policy of the Department of Healthcare
8 and Family Services requires clinicians to specify a
9 diagnosis code and make a notation in the child's medical
10 record that the service is preventive. This effectively
11 requires the clinician to associate a diagnosis with the
12 child and is a major barrier for services because many
13 clinicians rightly are unwilling to document a mental
14 health diagnosis in the medical record when a diagnosis is
15 not medically appropriate.
16 (b) Consistent with the existing policy of the Department
17of Healthcare and Family Services and the federal Early and
18Periodic Screening, Diagnostic and Treatment requirement,
19within 6 months after the effective date of this amendatory Act
20of the 101st General Assembly, the Department of Healthcare and
21Family Services, with meaningful stakeholder input, shall
22develop and implement a medically appropriate and practical
23service coding solution that enables mental health providers
24and professionals to deliver and get paid for the appropriate
25level of mental health service to a child under age 21 who is
26enrolled in the Medical Assistance Program and has a mental

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1health need but does not have a mental health diagnosis to
2prevent or preempt the development of a serious mental health
3condition. To ensure the solution makes sense in practice (and
4addresses the concern of inappropriately associating a
5diagnosis with a child, or exposing the provider to a federal
6Medicaid audit risk), the Department of Healthcare and Family
7Services shall convene a working group that includes children's
8mental health providers to receive input on recommendations for
9a solution prior to developing the service code to ensure the
10solution works in practice and does not deter clinicians from
11delivering prevention and early treatment to children with
12mental health needs but who do not have a diagnosed mental
13illness. The Department of Healthcare and Family Services shall
14meet with this working group at least 4 times prior to
15developing the service coding solution. The service coding
16solution developed in accordance with this Section shall enable
17and allow for mental health services for a child without a
18mental health diagnosis for purposes of prevention and early
19treatment when recommended by a licensed practitioner of the
20healing arts. For a low-intensity service, such as therapy,
21neither prior authorization nor a comprehensive mental health
22needs assessment shall be required to receive these services
23whether or not the child is enrolled in a Medicaid managed care
24plan. If the Department of Healthcare and Family Services
25determines that an Illinois Title XIX State Plan amendment is
26necessary to implement this Section, the State Plan amendment

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1shall be filed with the federal Centers for Medicare and
2Medicaid Services by no later than 6 months after the effective
3date of this amendatory Act of the 101st General Assembly. If
4rulemaking is required to implement this Section, the rule
5shall be filed by the Department of Healthcare and Family
6Services with the Joint Committee on Administrative Rules by no
7later than 6 months after the effective date of this amendatory
8Act of the 101st General Assembly, and if federal approval is
9required, within 3 months after federal approval.
10 (305 ILCS 5/5-39 new)
11 Sec. 5-39. Alignment of children's mental health treatment
12systems. As Illinois begins to plan for implementation of the
13federal Family First Prevention Services Act, the
14establishment of psychiatric residential treatment facilities,
15and the implementation of the N.B. Consent Decree, the
16Governor's Office shall establish, convene, and lead a working
17group that includes the Director of Healthcare and Family
18Services, the Secretary of Human Services, the Director of
19Public Health, the Director of Children and Family Services,
20the Director of Juvenile Justice, the State Superintendent of
21Education, and the appropriate agency staff who will be
22responsible for implementation or oversight of these services.
23The working group shall meet at least quarterly to foster
24interagency collaboration and work toward aligning these
25services and programs, including provider requirements to

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1deliver these services and the outcomes they must meet, in
2order to (i) create one children's mental health system that is
3consistent with system of care principles and that spans across
4State agencies, rather than separate siloed systems with
5different requirements, rates, and administrative processes
6and standards; and (ii) prevent out-of-home placements where
7possible.
8 Section 55. The Adoption Act is amended by changing
9Sections 1 and 18.9 as follows:
10 (750 ILCS 50/1) (from Ch. 40, par. 1501)
11 Sec. 1. Definitions. When used in this Act, unless the
12context otherwise requires:
13 A. "Child" means a person under legal age subject to
14adoption under this Act.
15 B. "Related child" means a child subject to adoption where
16either or both of the adopting parents stands in any of the
17following relationships to the child by blood, marriage,
18adoption, or civil union: parent, grand-parent,
19great-grandparent, brother, sister, step-parent,
20step-grandparent, step-brother, step-sister, uncle, aunt,
21great-uncle, great-aunt, first cousin, or second cousin. A
22person is related to the child as a first cousin or second
23cousin if they are both related to the same ancestor as either
24grandchild or great-grandchild. A child whose parent has

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1executed a consent to adoption, a surrender, or a waiver
2pursuant to Section 10 of this Act or whose parent has signed a
3denial of paternity pursuant to Section 12 of the Vital Records
4Act or Section 12a of this Act, or whose parent has had his or
5her parental rights terminated, is not a related child to that
6person, unless (1) the consent is determined to be void or is
7void pursuant to subsection O of Section 10 of this Act; or (2)
8the parent of the child executed a consent to adoption by a
9specified person or persons pursuant to subsection A-1 of
10Section 10 of this Act and a court of competent jurisdiction
11finds that such consent is void; or (3) the order terminating
12the parental rights of the parent is vacated by a court of
13competent jurisdiction.
14 C. "Agency" for the purpose of this Act means a public
15child welfare agency or a licensed child welfare agency.
16 D. "Unfit person" means any person whom the court shall
17find to be unfit to have a child, without regard to the
18likelihood that the child will be placed for adoption. The
19grounds of unfitness are any one or more of the following,
20except that a person shall not be considered an unfit person
21for the sole reason that the person has relinquished a child in
22accordance with the Abandoned Newborn Infant Protection Act:
23 (a) Abandonment of the child.
24 (a-1) Abandonment of a newborn infant in a hospital.
25 (a-2) Abandonment of a newborn infant in any setting
26 where the evidence suggests that the parent intended to

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1 relinquish his or her parental rights.
2 (b) Failure to maintain a reasonable degree of
3 interest, concern or responsibility as to the child's
4 welfare.
5 (c) Desertion of the child for more than 3 months next
6 preceding the commencement of the Adoption proceeding.
7 (d) Substantial neglect of the child if continuous or
8 repeated.
9 (d-1) Substantial neglect, if continuous or repeated,
10 of any child residing in the household which resulted in
11 the death of that child.
12 (e) Extreme or repeated cruelty to the child.
13 (f) There is a rebuttable presumption, which can be
14 overcome only by clear and convincing evidence, that a
15 parent is unfit if:
16 (1) Two or more findings of physical abuse have
17 been entered regarding any children under Section 2-21
18 of the Juvenile Court Act of 1987, the most recent of
19 which was determined by the juvenile court hearing the
20 matter to be supported by clear and convincing
21 evidence; or
22 (2) The parent has been convicted or found not
23 guilty by reason of insanity and the conviction or
24 finding resulted from the death of any child by
25 physical abuse; or
26 (3) There is a finding of physical child abuse

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1 resulting from the death of any child under Section
2 2-21 of the Juvenile Court Act of 1987.
3 No conviction or finding of delinquency pursuant to
4 Article V of the Juvenile Court Act of 1987 shall be
5 considered a criminal conviction for the purpose of
6 applying any presumption under this item (f).
7 (g) Failure to protect the child from conditions within
8 his environment injurious to the child's welfare.
9 (h) Other neglect of, or misconduct toward the child;
10 provided that in making a finding of unfitness the court
11 hearing the adoption proceeding shall not be bound by any
12 previous finding, order or judgment affecting or
13 determining the rights of the parents toward the child
14 sought to be adopted in any other proceeding except such
15 proceedings terminating parental rights as shall be had
16 under either this Act, the Juvenile Court Act or the
17 Juvenile Court Act of 1987.
18 (i) Depravity. Conviction of any one of the following
19 crimes shall create a presumption that a parent is depraved
20 which can be overcome only by clear and convincing
21 evidence: (1) first degree murder in violation of paragraph
22 1 or 2 of subsection (a) of Section 9-1 of the Criminal
23 Code of 1961 or the Criminal Code of 2012 or conviction of
24 second degree murder in violation of subsection (a) of
25 Section 9-2 of the Criminal Code of 1961 or the Criminal
26 Code of 2012 of a parent of the child to be adopted; (2)

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1 first degree murder or second degree murder of any child in
2 violation of the Criminal Code of 1961 or the Criminal Code
3 of 2012; (3) attempt or conspiracy to commit first degree
4 murder or second degree murder of any child in violation of
5 the Criminal Code of 1961 or the Criminal Code of 2012; (4)
6 solicitation to commit murder of any child, solicitation to
7 commit murder of any child for hire, or solicitation to
8 commit second degree murder of any child in violation of
9 the Criminal Code of 1961 or the Criminal Code of 2012; (5)
10 predatory criminal sexual assault of a child in violation
11 of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961
12 or the Criminal Code of 2012; (6) heinous battery of any
13 child in violation of the Criminal Code of 1961; or (7)
14 aggravated battery of any child in violation of the
15 Criminal Code of 1961 or the Criminal Code of 2012.
16 There is a rebuttable presumption that a parent is
17 depraved if the parent has been criminally convicted of at
18 least 3 felonies under the laws of this State or any other
19 state, or under federal law, or the criminal laws of any
20 United States territory; and at least one of these
21 convictions took place within 5 years of the filing of the
22 petition or motion seeking termination of parental rights.
23 There is a rebuttable presumption that a parent is
24 depraved if that parent has been criminally convicted of
25 either first or second degree murder of any person as
26 defined in the Criminal Code of 1961 or the Criminal Code

HB2572- 70 -LRB101 08755 KTG 53842 b
1 of 2012 within 10 years of the filing date of the petition
2 or motion to terminate parental rights.
3 No conviction or finding of delinquency pursuant to
4 Article 5 of the Juvenile Court Act of 1987 shall be
5 considered a criminal conviction for the purpose of
6 applying any presumption under this item (i).
7 (j) Open and notorious adultery or fornication.
8 (j-1) (Blank).
9 (k) Habitual drunkenness or addiction to drugs, other
10 than those prescribed by a physician, for at least one year
11 immediately prior to the commencement of the unfitness
12 proceeding.
13 There is a rebuttable presumption that a parent is
14 unfit under this subsection with respect to any child to
15 which that parent gives birth where there is a confirmed
16 test result that at birth the child's blood, urine, or
17 meconium contained any amount of a controlled substance as
18 defined in subsection (f) of Section 102 of the Illinois
19 Controlled Substances Act or metabolites of such
20 substances, the presence of which in the newborn infant was
21 not the result of medical treatment administered to the
22 mother or the newborn infant; and the biological mother of
23 this child is the biological mother of at least one other
24 child who was adjudicated a neglected minor under
25 subsection (c) of Section 2-3 of the Juvenile Court Act of
26 1987.

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1 (l) Failure to demonstrate a reasonable degree of
2 interest, concern or responsibility as to the welfare of a
3 new born child during the first 30 days after its birth.
4 (m) Failure by a parent (i) to make reasonable efforts
5 to correct the conditions that were the basis for the
6 removal of the child from the parent during any 9-month
7 period following the adjudication of neglected or abused
8 minor under Section 2-3 of the Juvenile Court Act of 1987
9 or dependent minor under Section 2-4 of that Act, or (ii)
10 to make reasonable progress toward the return of the child
11 to the parent during any 9-month period following the
12 adjudication of neglected or abused minor under Section 2-3
13 of the Juvenile Court Act of 1987 or dependent minor under
14 Section 2-4 of that Act. If a service plan has been
15 established as required under Section 8.2 of the Abused and
16 Neglected Child Reporting Act to correct the conditions
17 that were the basis for the removal of the child from the
18 parent and if those services were available, then, for
19 purposes of this Act, "failure to make reasonable progress
20 toward the return of the child to the parent" includes the
21 parent's failure to substantially fulfill his or her
22 obligations under the service plan and correct the
23 conditions that brought the child into care during any
24 9-month period following the adjudication under Section
25 2-3 or 2-4 of the Juvenile Court Act of 1987.
26 Notwithstanding any other provision, when a petition or

HB2572- 72 -LRB101 08755 KTG 53842 b
1 motion seeks to terminate parental rights on the basis of
2 item (ii) of this subsection (m), the petitioner shall file
3 with the court and serve on the parties a pleading that
4 specifies the 9-month period or periods relied on. The
5 pleading shall be filed and served on the parties no later
6 than 3 weeks before the date set by the court for closure
7 of discovery, and the allegations in the pleading shall be
8 treated as incorporated into the petition or motion.
9 Failure of a respondent to file a written denial of the
10 allegations in the pleading shall not be treated as an
11 admission that the allegations are true.
12 (m-1) (Blank).
13 (n) Evidence of intent to forgo his or her parental
14 rights, whether or not the child is a ward of the court,
15 (1) as manifested by his or her failure for a period of 12
16 months: (i) to visit the child, (ii) to communicate with
17 the child or agency, although able to do so and not
18 prevented from doing so by an agency or by court order, or
19 (iii) to maintain contact with or plan for the future of
20 the child, although physically able to do so, or (2) as
21 manifested by the father's failure, where he and the mother
22 of the child were unmarried to each other at the time of
23 the child's birth, (i) to commence legal proceedings to
24 establish his paternity under the Illinois Parentage Act of
25 1984, the Illinois Parentage Act of 2015, or the law of the
26 jurisdiction of the child's birth within 30 days of being

HB2572- 73 -LRB101 08755 KTG 53842 b
1 informed, pursuant to Section 12a of this Act, that he is
2 the father or the likely father of the child or, after
3 being so informed where the child is not yet born, within
4 30 days of the child's birth, or (ii) to make a good faith
5 effort to pay a reasonable amount of the expenses related
6 to the birth of the child and to provide a reasonable
7 amount for the financial support of the child, the court to
8 consider in its determination all relevant circumstances,
9 including the financial condition of both parents;
10 provided that the ground for termination provided in this
11 subparagraph (n)(2)(ii) shall only be available where the
12 petition is brought by the mother or the husband of the
13 mother.
14 Contact or communication by a parent with his or her
15 child that does not demonstrate affection and concern does
16 not constitute reasonable contact and planning under
17 subdivision (n). In the absence of evidence to the
18 contrary, the ability to visit, communicate, maintain
19 contact, pay expenses and plan for the future shall be
20 presumed. The subjective intent of the parent, whether
21 expressed or otherwise, unsupported by evidence of the
22 foregoing parental acts manifesting that intent, shall not
23 preclude a determination that the parent has intended to
24 forgo his or her parental rights. In making this
25 determination, the court may consider but shall not require
26 a showing of diligent efforts by an authorized agency to

HB2572- 74 -LRB101 08755 KTG 53842 b
1 encourage the parent to perform the acts specified in
2 subdivision (n).
3 It shall be an affirmative defense to any allegation
4 under paragraph (2) of this subsection that the father's
5 failure was due to circumstances beyond his control or to
6 impediments created by the mother or any other person
7 having legal custody. Proof of that fact need only be by a
8 preponderance of the evidence.
9 (o) Repeated or continuous failure by the parents,
10 although physically and financially able, to provide the
11 child with adequate food, clothing, or shelter.
12 (p) Inability to discharge parental responsibilities
13 supported by competent evidence from a psychiatrist,
14 licensed clinical social worker, or clinical psychologist
15 of mental impairment, mental illness or an intellectual
16 disability as defined in Section 1-116 of the Mental Health
17 and Developmental Disabilities Code, or developmental
18 disability as defined in Section 1-106 of that Code, and
19 there is sufficient justification to believe that the
20 inability to discharge parental responsibilities shall
21 extend beyond a reasonable time period. However, this
22 subdivision (p) shall not be construed so as to permit a
23 licensed clinical social worker to conduct any medical
24 diagnosis to determine mental illness or mental
25 impairment.
26 (q) (Blank).

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1 (r) The child is in the temporary custody or
2 guardianship of the Department of Children and Family
3 Services, the parent is incarcerated as a result of
4 criminal conviction at the time the petition or motion for
5 termination of parental rights is filed, prior to
6 incarceration the parent had little or no contact with the
7 child or provided little or no support for the child, and
8 the parent's incarceration will prevent the parent from
9 discharging his or her parental responsibilities for the
10 child for a period in excess of 2 years after the filing of
11 the petition or motion for termination of parental rights.
12 (s) The child is in the temporary custody or
13 guardianship of the Department of Children and Family
14 Services, the parent is incarcerated at the time the
15 petition or motion for termination of parental rights is
16 filed, the parent has been repeatedly incarcerated as a
17 result of criminal convictions, and the parent's repeated
18 incarceration has prevented the parent from discharging
19 his or her parental responsibilities for the child.
20 (t) A finding that at birth the child's blood, urine,
21 or meconium contained any amount of a controlled substance
22 as defined in subsection (f) of Section 102 of the Illinois
23 Controlled Substances Act, or a metabolite of a controlled
24 substance, with the exception of controlled substances or
25 metabolites of such substances, the presence of which in
26 the newborn infant was the result of medical treatment

HB2572- 76 -LRB101 08755 KTG 53842 b
1 administered to the mother or the newborn infant, and that
2 the biological mother of this child is the biological
3 mother of at least one other child who was adjudicated a
4 neglected minor under subsection (c) of Section 2-3 of the
5 Juvenile Court Act of 1987, after which the biological
6 mother had the opportunity to enroll in and participate in
7 a clinically appropriate substance abuse counseling,
8 treatment, and rehabilitation program.
9 E. "Parent" means a person who is the legal mother or legal
10father of the child as defined in subsection X or Y of this
11Section. For the purpose of this Act, a parent who has executed
12a consent to adoption, a surrender, or a waiver pursuant to
13Section 10 of this Act, who has signed a Denial of Paternity
14pursuant to Section 12 of the Vital Records Act or Section 12a
15of this Act, or whose parental rights have been terminated by a
16court, is not a parent of the child who was the subject of the
17consent, surrender, waiver, or denial unless (1) the consent is
18void pursuant to subsection O of Section 10 of this Act; or (2)
19the person executed a consent to adoption by a specified person
20or persons pursuant to subsection A-1 of Section 10 of this Act
21and a court of competent jurisdiction finds that the consent is
22void; or (3) the order terminating the parental rights of the
23person is vacated by a court of competent jurisdiction.
24 F. A person is available for adoption when the person is:
25 (a) a child who has been surrendered for adoption to an
26 agency and to whose adoption the agency has thereafter

HB2572- 77 -LRB101 08755 KTG 53842 b
1 consented;
2 (b) a child to whose adoption a person authorized by
3 law, other than his parents, has consented, or to whose
4 adoption no consent is required pursuant to Section 8 of
5 this Act;
6 (c) a child who is in the custody of persons who intend
7 to adopt him through placement made by his parents;
8 (c-1) a child for whom a parent has signed a specific
9 consent pursuant to subsection O of Section 10;
10 (d) an adult who meets the conditions set forth in
11 Section 3 of this Act; or
12 (e) a child who has been relinquished as defined in
13 Section 10 of the Abandoned Newborn Infant Protection Act.
14 A person who would otherwise be available for adoption
15shall not be deemed unavailable for adoption solely by reason
16of his or her death.
17 G. The singular includes the plural and the plural includes
18the singular and the "male" includes the "female", as the
19context of this Act may require.
20 H. (Blank).
21 I. "Habitual residence" has the meaning ascribed to it in
22the federal Intercountry Adoption Act of 2000 and regulations
23promulgated thereunder.
24 J. "Immediate relatives" means the biological parents, the
25parents of the biological parents and siblings of the
26biological parents.

HB2572- 78 -LRB101 08755 KTG 53842 b
1 K. "Intercountry adoption" is a process by which a child
2from a country other than the United States is adopted by
3persons who are habitual residents of the United States, or the
4child is a habitual resident of the United States who is
5adopted by persons who are habitual residents of a country
6other than the United States.
7 L. (Blank).
8 M. "Interstate Compact on the Placement of Children" is a
9law enacted by all states and certain territories for the
10purpose of establishing uniform procedures for handling the
11interstate placement of children in foster homes, adoptive
12homes, or other child care facilities.
13 N. (Blank).
14 O. "Preadoption requirements" means any conditions or
15standards established by the laws or administrative rules of
16this State that must be met by a prospective adoptive parent
17prior to the placement of a child in an adoptive home.
18 P. "Abused child" means a child whose parent or immediate
19family member, or any person responsible for the child's
20welfare, or any individual residing in the same home as the
21child, or a paramour of the child's parent:
22 (a) inflicts, causes to be inflicted, or allows to be
23 inflicted upon the child physical injury, by other than
24 accidental means, that causes death, disfigurement,
25 impairment of physical or emotional health, or loss or
26 impairment of any bodily function;

HB2572- 79 -LRB101 08755 KTG 53842 b
1 (b) creates a substantial risk of physical injury to
2 the child by other than accidental means which would be
3 likely to cause death, disfigurement, impairment of
4 physical or emotional health, or loss or impairment of any
5 bodily function;
6 (c) commits or allows to be committed any sex offense
7 against the child, as sex offenses are defined in the
8 Criminal Code of 2012 and extending those definitions of
9 sex offenses to include children under 18 years of age;
10 (d) commits or allows to be committed an act or acts of
11 torture upon the child; or
12 (e) inflicts excessive corporal punishment.
13 Q. "Neglected child" means any child whose parent or other
14person responsible for the child's welfare withholds or denies
15nourishment or medically indicated treatment including food or
16care denied solely on the basis of the present or anticipated
17mental or physical impairment as determined by a physician
18acting alone or in consultation with other physicians or
19otherwise does not provide the proper or necessary support,
20education as required by law, or medical or other remedial care
21recognized under State law as necessary for a child's
22well-being, or other care necessary for his or her well-being,
23including adequate food, clothing and shelter; or who is
24abandoned by his or her parents or other person responsible for
25the child's welfare.
26 A child shall not be considered neglected or abused for the

HB2572- 80 -LRB101 08755 KTG 53842 b
1sole reason that the child's parent or other person responsible
2for his or her welfare depends upon spiritual means through
3prayer alone for the treatment or cure of disease or remedial
4care as provided under Section 4 of the Abused and Neglected
5Child Reporting Act. A child shall not be considered neglected
6or abused for the sole reason that the child's parent or other
7person responsible for the child's welfare failed to vaccinate,
8delayed vaccination, or refused vaccination for the child due
9to a waiver on religious or medical grounds as permitted by
10law.
11 R. "Putative father" means a man who may be a child's
12father, but who (1) is not married to the child's mother on or
13before the date that the child was or is to be born and (2) has
14not established paternity of the child in a court proceeding
15before the filing of a petition for the adoption of the child.
16The term includes a male who is less than 18 years of age.
17"Putative father" does not mean a man who is the child's father
18as a result of criminal sexual abuse or assault as defined
19under Article 11 of the Criminal Code of 2012.
20 S. "Standby adoption" means an adoption in which a parent
21consents to custody and termination of parental rights to
22become effective upon the occurrence of a future event, which
23is either the death of the parent or the request of the parent
24for the entry of a final judgment of adoption.
25 T. (Blank).
26 T-5. "Biological parent", "birth parent", or "natural

HB2572- 81 -LRB101 08755 KTG 53842 b
1parent" of a child are interchangeable terms that mean a person
2who is biologically or genetically related to that child as a
3parent.
4 U. "Interstate adoption" means the placement of a minor
5child with a prospective adoptive parent for the purpose of
6pursuing an adoption for that child that is subject to the
7provisions of the Interstate Compact on Placement of Children.
8 V. (Blank).
9 W. (Blank).
10 X. "Legal father" of a child means a man who is recognized
11as or presumed to be that child's father:
12 (1) because of his marriage to or civil union with the
13 child's parent at the time of the child's birth or within
14 300 days prior to that child's birth, unless he signed a
15 denial of paternity pursuant to Section 12 of the Vital
16 Records Act or a waiver pursuant to Section 10 of this Act;
17 or
18 (2) because his paternity of the child has been
19 established pursuant to the Illinois Parentage Act, the
20 Illinois Parentage Act of 1984, or the Gestational
21 Surrogacy Act; or
22 (3) because he is listed as the child's father or
23 parent on the child's birth certificate, unless he is
24 otherwise determined by an administrative or judicial
25 proceeding not to be the parent of the child or unless he
26 rescinds his acknowledgment of paternity pursuant to the

HB2572- 82 -LRB101 08755 KTG 53842 b
1 Illinois Parentage Act of 1984; or
2 (4) because his paternity or adoption of the child has
3 been established by a court of competent jurisdiction.
4 The definition in this subsection X shall not be construed
5to provide greater or lesser rights as to the number of parents
6who can be named on a final judgment order of adoption or
7Illinois birth certificate that otherwise exist under Illinois
8law.
9 Y. "Legal mother" of a child means a woman who is
10recognized as or presumed to be that child's mother:
11 (1) because she gave birth to the child except as
12 provided in the Gestational Surrogacy Act; or
13 (2) because her maternity of the child has been
14 established pursuant to the Illinois Parentage Act of 1984
15 or the Gestational Surrogacy Act; or
16 (3) because her maternity or adoption of the child has
17 been established by a court of competent jurisdiction; or
18 (4) because of her marriage to or civil union with the
19 child's other parent at the time of the child's birth or
20 within 300 days prior to the time of birth; or
21 (5) because she is listed as the child's mother or
22 parent on the child's birth certificate unless she is
23 otherwise determined by an administrative or judicial
24 proceeding not to be the parent of the child.
25 The definition in this subsection Y shall not be construed
26to provide greater or lesser rights as to the number of parents

HB2572- 83 -LRB101 08755 KTG 53842 b
1who can be named on a final judgment order of adoption or
2Illinois birth certificate that otherwise exist under Illinois
3law.
4 Z. "Department" means the Illinois Department of Children
5and Family Services.
6 AA. "Placement disruption" means a circumstance where the
7child is removed from an adoptive placement before the adoption
8is finalized.
9 BB. "Secondary placement" means a placement, including but
10not limited to the placement of a youth in care as defined in
11Section 4d of the Children and Family Services Act, that occurs
12after a placement disruption or an adoption dissolution.
13"Secondary placement" does not mean secondary placements
14arising due to the death of the adoptive parent of the child.
15 CC. "Adoption dissolution" means a circumstance where the
16child is removed from an adoptive placement after the adoption
17is finalized.
18 DD. "Unregulated placement" means the secondary placement
19of a child that occurs without the oversight of the courts, the
20Department, or a licensed child welfare agency.
21 EE. "Post-placement and post-adoption support services"
22means support services for placed or adopted children and
23families that include, but are not limited to, mental health
24treatment, including counseling and other support services for
25emotional, behavioral, or developmental needs, and treatment
26for a substance use disorder.

HB2572- 84 -LRB101 08755 KTG 53842 b
1(Source: P.A. 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; 99-642,
2eff. 7-28-16; 99-836, eff. 1-1-17; 100-159, eff. 8-18-17.)
3 (750 ILCS 50/18.9)
4 Sec. 18.9. Post-placement and post-adoption support
5services.
6 (a) It is the public policy of this State to find
7permanency for children through adoption and to prevent
8placement disruption, adoption dissolution, and secondary
9placement. Public awareness and access Access to timely,
10effective post-placement and post-adoption support services to
11provide support and resources for children and youth in care as
12defined in Section 4d of the Children and Family Services Act,
13foster families, and adoptive families is essential to promote
14permanency. Public awareness of post-placement and
15post-adoption services and the ability of families to utilize
16effective services are essential to permanency.
17 (b) The Department shall establish and maintain accessible
18post-placement and post-adoption support services for all
19children adopted pursuant to this Act, all children residing in
20this State adopted pursuant to the Interstate Compact on the
21Placement of Children, all children residing in this State
22adopted pursuant to the Intercountry Adoption Act of 2000, and
23all former youth in care, as defined by the Children and Family
24Services Act, who have been placed in a guardianship.
25 (b-5) The Department shall establish and maintain a

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1toll-free number to respond to requests from the public about
2its post-placement and post-adoption support services under
3subsection (b) and shall staff the toll-free number so that
4calls are answered on a timely basis, but in no event more than
524 hours from the receipt of a request.
6 (c) The Department shall publicize post information about
7the Department's post-placement and post-adoption support
8services pursuant to subsection (b) and the toll-free number
9pursuant to subsection (b-5) as follows:
10 (1) it shall post information on the Department's
11 website; and
12 (2) it shall provide the information to every licensed
13 child welfare agency, every out of State placement agency
14 or entity approved under Section 4.1 of this Act, and any
15 entity providing adoption support services in the Illinois
16 courts; .
17 (3) it The Department's post-placement and
18 post-adoption support services shall reference such
19 information be referenced in the information regarding
20 adoptive parents' rights and responsibilities document
21 that the Department publishes and that is provided provides
22 to adoptive parents under this Act and the Child Care Act.
23 (4) it shall provide the information, including the
24 Post Adoption and Guardianship Services booklet, to
25 prospective adoptive parents and guardians as part of its
26 adoption and guardianship training and at the time they are

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1 presented with the Permanency Commitment form; and
2 (5) it shall include, in each annual notification
3 letter mailed to adoptive parents and guardians, a short,
4 easy-to-understand, 2-sided flier or news bulletin that
5 describes access to post-placement and post-adoption
6 services, how to access Medicaid and Individual Care Grant
7 or Family Support Program services, the webpage address of
8 the Post Adoption and Guardianship Services booklet,
9 information on how to request that a copy of the booklet be
10 mailed, and a sticker or magnet that includes the toll-free
11 number to access the Department's post-placement and
12 post-adoption support services. The Department shall
13 establish and maintain a toll-free number to advise the
14 public about its post-placement and post-adoption support
15 services and post the number on its website.
16 (c-5) The Department shall review and update annually all
17information relating to its post-placement and post-adoption
18support services, including the Post Adoption and Guardianship
19Services booklet, to include updated information on Individual
20Care Group or Family Support Program services eligibility and
21the post-placement and post-adoption support services that are
22available through the State's Medical Assistance program
23established under Article V of the Illinois Public Aid Code or
24through any other State program for mental health services. The
25Department and the Department of Healthcare and Family Services
26shall coordinate their efforts in the development of resources

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1described in this subsection.
2 (d) Every licensed child welfare agency, every entity
3approved under Section 4.1 of this Act, and any entity
4providing adoption support services in the Illinois courts
5shall provide the Department's website address and link to the
6Department's post-placement and post-adoption support services
7information set forth in subsection (c) of this Section,
8including the Department's toll-free number, to every adoptive
9parent, prospective adoptive parent, and guardian with whom
10they work in Illinois. This information shall be provided prior
11to placement.
12 (e) Beginning one year after the effective date of this
13amendatory Act of the 101st 99th General Assembly, the
14Department shall report annually to the General Assembly on
15January 15 the following information for the preceding year:
16 (1) a description of all post-placement and
17 post-adoption support services the Department provides;
18 (2) without identifying the names of the recipients of
19 the services, the number of guardians foster parents,
20 prospective adoptive parents, and adoptive families in
21 Illinois who have received the Department's post-placement
22 and post-adoption support services and the type of services
23 provided and, for each, the length of time between the
24 initial contact to the Department to request
25 post-placement and post-adoption support services and the
26 first receipt of services, and the type of services

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1 received;
2 (3) the number of families who have contacted the
3 Department about its post-placement and post-adoption
4 support services due to a potential placement disruption,
5 adoption dissolution, secondary placement, or unregulated
6 placement, but for whom the Department declined to provide
7 post-placement and post-adoption support services and the
8 reasons that services were denied; and
9 (4) the number of placement disruptions, adoption
10 dissolutions, unregulated placements, and secondary
11 placements, and for each one:
12 (A) the type of placement or adoption, including
13 whether the child who was the subject of the placement
14 was a youth in care as defined in Section 4d of the
15 Children and Family Services Act, and if the child was
16 not a youth in care, whether the adoption was a
17 private, agency, agency-assisted, interstate, or
18 intercountry adoption;
19 (B) if the placement or adoption was intercountry,
20 the country of birth of the child;
21 (C) whether the child who was the subject of the
22 placement disruption, adoption dissolution,
23 unregulated placement, or secondary placement entered
24 State custody;
25 (D) the length of the placement prior to the
26 placement disruption, adoption dissolution,

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1 unregulated placement, or secondary placement;
2 (E) the age of the child at the time of the
3 placement disruption, adoption dissolution,
4 unregulated placement, or secondary placement;
5 (F) the reason, if known, for the placement
6 disruption, adoption dissolution, unregulated
7 placement, or secondary placement; and
8 (G) if a licensed child welfare agency or any
9 approved out of State placing entity participated in
10 the initial placement, and, if applicable, the name of
11 the agency or approved out of State placing entity;
12 and .
13 (5) a description of the coordination between the
14 Department and the Department of Healthcare and Family
15 Services to develop resources under this subsection,
16 including, but not limited to, a description of the goals
17 of such coordination and whether the goals have been met.
18(Source: P.A. 99-49, eff. 7-15-15; 100-159, eff. 8-18-17.)
19 Section 95. No acceleration or delay. Where this Act makes
20changes in a statute that is represented in this Act by text
21that is not yet or no longer in effect (for example, a Section
22represented by multiple versions), the use of that text does
23not accelerate or delay the taking effect of (i) the changes
24made by this Act or (ii) provisions derived from any other
25Public Act.

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1 Section 99. Effective date. This Act takes effect upon
2becoming law.

HB2572- 91 -LRB101 08755 KTG 53842 b
1 INDEX
2 Statutes amended in order of appearance