Bill Text: IL HB5360 | 2021-2022 | 102nd General Assembly | Introduced

---

Bill Title: Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services, in collaboration with the Department of Human Services, to allow current Division of Substance Use Prevention and Recovery licensed and Medicaid certified level 3.5, 3.5D, and 3.7D programs, with existing capacity, to provide more than 16 beds per unit and to receive reimbursement under the medical assistance program for medical assistance recipients.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB5360 Detail]

Download: Illinois-2021-HB5360-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5360 Introduced , by Rep. Tim Butler SYNOPSIS AS INTRODUCED:
305 ILCS 5/5-46 new
Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services, in collaboration with the Department of Human Services, to allow current Division of Substance Use Prevention and Recovery licensed and Medicaid certified level 3.5, 3.5D, and 3.7D programs, with existing capacity, to provide more than 16 beds per unit and to receive reimbursement under the medical assistance program for medical assistance recipients.
LRB102 23928 KTG 33127 b
A BILL FOR
HB5360 LRB102 23928 KTG 33127 b
AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
adding Section 5-46 as follows:
(305 ILCS 5/5-46 new)
Sec. 5-46. Substance use disorder residential programs.
(a) Findings.
(1) The most recent National Survey on Drug Use and
Health by the Substance Use and Mental Health Services
Administration (SAMHSA) shows that approximately 247,000
people in Illinois needed treatment at a specialty
facility for drug use but were not able to get it.
(2) The number of Illinois deaths related to opioid
overdose has more than doubled since 2013 with a high in
2020 of almost 3,000.
(3) The Center for Medicare and Medicaid Services'
Institutions for Mental Disease (IMD) Exclusion, which has
existed within the Medicaid system since 1965, prohibits a
federal matching payment for a service rendered to an
individual between the ages of 21 and 64 receiving
treatment in an IMD. (An IMD is a facility with more than
16 beds that cares for individuals with mental illness. In

HB5360 - 2 - LRB102 23928 KTG 33127 b
the context of an IMD, a substance use disorder is
considered a mental disease.)
(4) The Department of Healthcare and Family Services
received authorization under a federally approved 1115
Waiver to allow select licensed substance use disorder
residential programs to provide Medicaid-covered
residential substance use disorder services.
(5) The Department of Human Services currently
licenses substance use disorder programs with existing bed
capacity for adult residential American Society of
Addiction Medicine (ASAM) 3.5, 3.5D, and 3.7D programs.
(b) Reimbursement. The Department of Healthcare and Family
Services, in collaboration with the Department of Human
Services, shall allow current Division of Substance Use
Prevention and Recovery licensed and Medicaid certified level
3.5, 3.5D, and 3.7D programs, with existing capacity, to
provide more than 16 beds per unit and to receive
reimbursement under the medical assistance program for medical
assistance recipients.