Bill Text: IL SB3385 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Creates the Mental Health and Substance Use Disorder Rate Equity Act. Provides that, beginning in 2023, and every State fiscal year thereafter, the General Assembly shall appropriate sufficient funds to the Department of Human Services to ensure grants to community-based prevention organizations and providers of mental health and substance use disorder treatment under community service grant programs will be adjusted upward by an amount equal to the Consumer Price Index-U from the previous year, not to exceed 2% in any State fiscal year. Requires similar appropriations to be made to increase the reimbursement rates for certified community mental health centers and behavioral health clinics and licensed or certified community-based substance use disorder treatment providers. Amends the Substance Use Disorder Act. Requires the Department of Human Services to implement incremental rate increases for all community-based substance use disorder treatment and intervention services beginning July 1, 2020 and every State fiscal year thereafter. Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department to implement incremental rate increases for all community-based mental health treatment services beginning July 1, 2020 and every State fiscal year thereafter. Amends the Illinois Public Aid Code. Provides that, beginning on July 1, 2020, reimbursement rates for psychiatric and behavioral health services provided by community mental health centers or behavioral health clinics shall be increased by 9%. Requires incremental rate increases beginning July 1, 2021 and every State fiscal year thereafter. Amends the Illinois Administrative Procedure Act. Permits the Departments of Human Services and Healthcare and Family Services to adopt emergency rules. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3385 Detail]

Download: Illinois-2019-SB3385-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3385 Introduced 2/13/2020, by Sen. Heather A. Steans SYNOPSIS AS INTRODUCED:
See Index
Creates the Mental Health and Substance Use Disorder Rate Equity Act. Provides that, beginning in 2023, and every State fiscal year thereafter, the General Assembly shall appropriate sufficient funds to the Department of Human Services to ensure grants to community-based prevention organizations and providers of mental health and substance use disorder treatment under community service grant programs will be adjusted upward by an amount equal to the Consumer Price Index-U from the previous year, not to exceed 2% in any State fiscal year. Requires similar appropriations to be made to increase the reimbursement rates for certified community mental health centers and behavioral health clinics and licensed or certified community-based substance use disorder treatment providers. Amends the Substance Use Disorder Act. Requires the Department of Human Services to implement incremental rate increases for all community-based substance use disorder treatment and intervention services beginning July 1, 2020 and every State fiscal year thereafter. Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department to implement incremental rate increases for all community-based mental health treatment services beginning July 1, 2020 and every State fiscal year thereafter. Amends the Illinois Public Aid Code. Provides that, beginning on July 1, 2020, reimbursement rates, for psychiatric and behavioral health services provided by community mental health centers or behavioral health clinics shall be increased by 9%. Requires incremental rate increases beginning July 1, 2021 and every State fiscal year thereafter. Amends the Illinois Administrative Procedure Act. Permits the Departments of Human Services and Healthcare and Family Services to adopt emergency rules. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning mental health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Mental
Health and Substance Use Disorder Rate Equity Act.
Section 5. Findings. The General Assembly finds that:
(1) A March 2019 report by the USC Schaeffer Center for
Health Policy & Economics estimates the following for the State
of Illinois: almost 951,066 adults in Illinois experienced
serious psychological distress in the past 12 months.
(2) People who experienced serious psychological distress
in the past 12 months are more likely to abuse or be dependent
on alcohol or illicit drugs during that same time period.
(3) In Illinois, 28.6% of people with serious mental
psychological distress have an unmet need of mental health
treatment.
(4) In Illinois, 33.3% of people with serious psychological
distress and an unmet need of mental health treatment did not
receive this treatment due to costs.
(5) In the Medicaid and uninsured population, a higher
percentage of adults, 14% and 11.6% respectively, in Illinois
reported serious psychological distress during the past year
compared to people with Medicare, Veterans, or private health

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insurance coverage.
(6) Hospital costs in the U.S. and Illinois ranged from
$5,000 to $9,000 per stay for patients with serious mental
illness.
(7) Total hospital costs in Illinois for hospitalizations
for serious mental illness together exceeded $360,000,000 in
2014.
(8) Illinois' mental health agency spends a very low per
capita amount, $77 on mental health services, compared to the
rest of the U.S., $133.
(9) There are 13.8 behavioral health care professionals for
every 10,000 residents in Illinois, which is significantly
lower than the average, 21.4, in the U.S.
(10) The number of behavioral health care professionals
needed to remove the shortage designation in Health
Professional Shortage Areas is high in all states surrounding
Illinois, especially in rural areas. However, Illinois has seen
the highest increase, +215%, in these shortages between 2017
and 2019.
(11) In Illinois state prisons, approximately 18% of prison
inmates, or 7,883 inmates, have been previously diagnosed with
a serious mental illness, compared to the overall U.S. prison
population, 22%.
(12) The economic burden of schizophrenia, bipolar
disorder, and major depressive disorder in adults in Illinois
is estimated to be at least $1,400,000,000 for each serious

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mental illness.
(13) NAMI Illinois reports that youth mental health is
worsening. Rates of youth depression increased from 8.5% in
2011 to 11.1% in 2014.
(14) In 2019, the Journal of Community Health found that
suicide rates are disproportionately higher among African
American adolescents. From 2001 to 2017, the rate for African
American teen boys rose 60%, according to the study. Among
African American teen girls, rates nearly tripled, rising by an
astounding 182%. Illinois was among the 10 states with the
greatest number of African American adolescent suicides
(2015-2017).
(15) In 2017, according to the National Institute on Drug
Abuse, there were 2,202 drug overdose deaths involving opioids
in Illinois - a rate of 17.2 deaths per 100,000 persons, which
is higher than the national rate of 14.6 deaths per 100,000
persons. The greatest increase in opioid deaths was seen in
cases involving synthetic opioids (mainly fentanyl): a rise
from 127 deaths in 2014 to 1,187 deaths in 2017. Deaths
involving heroin also increased significantly in the same
3-year period: from 844 to 1,251 deaths. There were 623 deaths
involving prescription opioids in 2017, nearly double the 343
deaths in 2014.
(16) In the State Fiscal Year 2020 budget, the General
Assembly provided a rate increase for behavioral health care
services of 2.5%, which is insufficient to meet costs of

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Illinois' $15 minimum wage increase alone.
(17) Good mental health allows people to feel good about
life, helping people accomplish their goals and participate in
their communities. To promote the prosperity of all
Illinoisans, we need to invest in our State's mental health and
addiction treatment services. When we improve programs and
services that help all Illinoisans establish stable mental
health and well-being, we contribute to everyone's
prosperity-both now and in the future. Increasing our
investments in behavioral health prevention and early
intervention now will help ensure that we establish the
foundation of a strong future for our State and everyone in it.
Section 10. Funding for community-based prevention
organizations and providers of mental health and substance use
disorder treatment. Beginning in 2023, and every State fiscal
year thereafter, the General Assembly shall appropriate
sufficient funds to the Department of Human Services to ensure
grants to community-based prevention organizations and
providers of mental health and substance use disorder treatment
under community service grant programs for mental health and
substance use disorder prevention will be adjusted upward by an
amount equal to the Consumer Price Index-U from the previous
year, not to exceed 2% in any State fiscal year. If there is a
decrease in the Consumer Price Index-U, rates shall remain
unchanged for that State fiscal year.

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For the purposes of this Section, "consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the average
change in prices of goods and services purchased by all urban
consumers, United States city average, all items, 1982-84 =
100.
Section 15. Funding for certified community mental health
centers and behavioral health clinics. Beginning in 2023, and
every State fiscal year thereafter, the General Assembly shall
appropriate sufficient funds to the Department of Human
Services to ensure reimbursement rates for certified community
mental health centers and behavioral health clinics under
community service grant programs for persons with mental
illness will be adjusted upward by an amount equal to the
Consumer Price Index-U from the previous year, not to exceed 2%
in any State fiscal year. If there is a decrease in the
Consumer Price Index-U, rates shall remain unchanged for that
State fiscal year. The Department shall adopt rules, including
emergency rules under Section 5-45.1 of the Illinois
Administrative Procedure Act, to implement the provisions of
this Section.
For the purposes of this Section, "consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the average
change in prices of goods and services purchased by all urban

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consumers, United States city average, all items, 1982-84 =
100.
Section 20. Funding for licensed or certified
community-based substance use disorder treatment providers.
Beginning in 2023, and every State fiscal year thereafter, the
General Assembly shall appropriate sufficient funds to the
Department of Human Services to ensure reimbursement rates for
licensed or certified community-based substance use disorder
treatment providers under community service grant programs for
persons with substance use disorders will be adjusted upward by
an amount equal to the Consumer Price Index-U from the previous
year, not to exceed 2% in any State fiscal year. If there is a
decrease in the Consumer Price Index-U, rates shall remain
unchanged for that State fiscal year. The Department shall
adopt rules, including emergency rules under Section 5-45.1 of
the Illinois Administrative Procedure Act, to implement the
provisions of this Section.
For the purposes of this Section, "consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the average
change in prices of goods and services purchased by all urban
consumers, United States city average, all items, 1982-84 =
100.
Section 25. Illinois Administrative Procedure Act is

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amended by adding Section 5-45.1 as follows:
(5 ILCS 100/5-45.1 new)
Sec. 5-45.1. Emergency rulemaking; Departments of
Healthcare and Family Services and Human Services. To provide
for the expeditious and timely implementation of provisions of
the Mental Health and Substance Use Disorder Rate Equity Act,
Section 55-30 of the Substance Use Disorder Act, Section 75 of
the Mental Health and Developmental Disabilities
Administrative Act, and Section 5-5.05a of the Illinois Public
Aid Code, emergency rules may be adopted in accordance with
Section 5-45 by the respective Department. The adoption of
emergency rules authorized by Section 5-45 and this Section is
deemed to be necessary for the public interest, safety, and
welfare.
This Section is repealed on January 1, 2026.
Section 30. The Substance Use Disorder Act is amended by
changing Section 55-30 as follows:
(20 ILCS 301/55-30)
Sec. 55-30. Rate increase.
(a) The Department shall by rule develop the increased rate
methodology and annualize the increased rate beginning with
State fiscal year 2018 contracts to licensed providers of
community-based substance use disorder intervention or

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treatment, based on the additional amounts appropriated for the
purpose of providing a rate increase to licensed providers. The
Department shall adopt rules, including emergency rules under
subsection (y) of Section 5-45 of the Illinois Administrative
Procedure Act, to implement the provisions of this Section.
(b) (Blank) Within 30 days after June 4, 2018 (the
effective date of Public Act 100-587), the Division of
Substance Use Prevention and Recovery shall apply an increase
in rates of 3% above the rate paid on June 30, 2017 to all
Medicaid and non-Medicaid reimbursable service rates. The
Department shall adopt rules, including emergency rules under
subsection (bb) of Section 5-45 of the Illinois Administrative
Procedure Act, to implement the provisions of this subsection
(b).
(c) Beginning on July 1, 2020, the Division of Substance
Use Prevention and Recovery shall increase reimbursement rates
for all community-based substance use disorder treatment and
intervention services by 9%. On July 1, 2021, such rates shall
be increased by 7%. On July 1, 2022, such rates shall be
increased by 5%. Beginning in 2023, and every State fiscal year
thereafter, reimbursement rates for those community-based
substance use disorder treatment and intervention services
shall be adjusted upward by an amount equal to the Consumer
Price Index-U from the previous year, not to exceed 2% in any
State fiscal year. If there is a decrease in the Consumer Price
Index-U, rates shall remain unchanged for that State fiscal

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year. The Department shall adopt rules, including emergency
rules under Section 5-45.1 of the Illinois Administrative
Procedure Act, to implement the provisions of this Section.
For the purposes of this subsection, "consumer price
index-u" means the index published by the Bureau of Labor
Statistics of the United States Department of Labor that
measures the average change in prices of goods and services
purchased by all urban consumers, United States city average,
all items, 1982-84 = 100.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
100-759, eff. 1-1-19; 101-81, eff. 7-12-19.)
Section 35. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
75 as follows:
(20 ILCS 1705/75)
Sec. 75. Rate increase. Beginning on July 1, 2020, the
Division of Mental Health shall increase reimbursement rates
for all community-based mental health treatment services by 9%.
On July 1, 2021 such rates shall be increased by 7%. On July 1,
2022, such rates shall be increased by 5%. Beginning in 2023,
and every State fiscal year thereafter, reimbursement rates for
those community-based mental health treatment services shall
be adjusted upward by an amount equal to the Consumer Price
Index-U from the previous year, not to exceed 2% in any State

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fiscal year. If there is a decrease in the Consumer Price
Index-U, rates shall remain unchanged for that State fiscal
year. The Department shall adopt rules, including emergency
rules under Section 5-45.1 of the Illinois Administrative
Procedure Act, to implement the provisions of this Section.
Within 30 days after July 6, 2017 (the effective date of Public
Act 100-23), the Division of Mental Health shall by rule
develop the increased rate methodology and annualize the
increased rate beginning with State fiscal year 2018 contracts
to certified community mental health centers, based on the
additional amounts appropriated for the purpose of providing a
rate increase to certified community mental health centers,
with the annualization to be maintained in State fiscal year
2019. The Department shall adopt rules, including emergency
rules under subsections (y) and (bb) of Section 5-45 of the
Illinois Administrative Procedure Act, to implement the
provisions of this Section.
For the purposes of this Section, "consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the average
change in prices of goods and services purchased by all urban
consumers, United States city average, all items, 1982-84 =
100.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
Section 40. The Illinois Public Aid Code is amended by

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changing Section 5-5.05a and by adding Section 41 as follows:
(305 ILCS 5/5-5.05a)
Sec. 5-5.05a. Reimbursement rates; community mental health
centers.
(a) Notwithstanding the provisions of any other law,
reimbursement rates, including enhanced payment rates and rate
add-ons, for psychiatric and behavioral health services
provided in or by community mental health centers licensed or
certified by the Department of Human Services shall not be
lower than the rates for such services in effect on November 1,
2017. The Department of Healthcare and Family Services shall
apply for any waiver or State Plan amendment, if required, to
implement the reimbursement rates established in this Section.
Implementation of the reimbursement rates shall be contingent
on federal approval.
(b) Beginning on July 1, 2020, reimbursement rates,
including enhanced payment rates and rate add-ons, for
psychiatric and behavioral health services provided in or by
community mental health centers or behavioral health clinics
licensed or certified by the Department of Human Services or
the Department of Healthcare and Family Services shall be
increased by 9%. On July 1, 2021 such rates shall be increased
by 7%. On July 1, 2022, such rates shall be increased by 5%.
Beginning in 2023, and every State fiscal year thereafter,
reimbursement rates for community mental health centers or

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behavioral health clinics licensed or certified by the
Department of Human Services or the Department of Healthcare
and Family Services shall be adjusted upward by an amount equal
to the Consumer Price Index-U from the previous year, not to
exceed 2% in any State fiscal year. If there is a decrease in
the Consumer Price Index-U, rates shall remain unchanged for
that State fiscal year. The Department of Healthcare and Family
Services shall adopt rules, including emergency rules under
Section 5-45.1 of the Illinois Administrative Procedure Act, to
implement the provisions of this Section.
For the purposes of this subsection, "consumer price
index-u" means the index published by the Bureau of Labor
Statistics of the United States Department of Labor that
measures the average change in prices of goods and services
purchased by all urban consumers, United States city average,
all items, 1982-84 = 100.
(Source: P.A. 100-587, eff. 6-4-18.)
(305 ILCS 5/41 new)
Sec. 41. Reimbursement rates; substance use disorder
treatment providers and facilities. Beginning on July 1, 2020,
the Department of Human Services' Division of Substance Use
Prevention and Recovery shall increase reimbursement rates by
9% for all community-based substance use disorder treatment
services. On July 1, 2021 such rates shall be increased by 7%.
On July 1, 2022, such rates shall be increased by 5%. Beginning

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in 2023, and every State fiscal year thereafter, reimbursement
rates for those community-based substance use disorder
treatment services shall be adjusted upward by an amount equal
to the Consumer Price Index-U from the previous year, not to
exceed 2% in any State fiscal year. If there is a decrease in
the Consumer Price Index-U, rates shall remain unchanged for
that State fiscal year. The Department shall adopt rules,
including emergency rules under Section 5-45.1 of the Illinois
Administrative Procedure Act, to implement the provisions of
this Section.
For the purposes of this Section, "consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the average
change in prices of goods and services purchased by all urban
consumers, United States city average, all items, 1982-84 =
100.
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance