SB3521 103RD GENERAL ASSEMBLY

LRB103 38117 KTG 68249 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3521

Introduced 2/9/2024, by Sen. Karina Villa

SYNOPSIS AS INTRODUCED:

20 ILCS 301/5-28 new
305 ILCS 5/5-52 new

Amends the Substance Use Disorder Act. Requires the Department of Human Services to establish a 5-year Behavioral Health Recovery Center Grant Pilot Program and to issue, no later than July 1, 2024, a request for proposals to award a grant to one or more counties to develop and implement a behavioral health recovery center project. Provides that the purpose of the behavioral health recovery center project is to (1) increase access to mental health crisis services for individuals who are experiencing a mental health crisis or substance use disorder crisis and (2) reduce the number of individuals in the State who are incarcerated or in a hospital emergency room while experiencing a mental health crisis or substance use disorder crisis. Sets forth grant application information requirements. Requires the Department to consider the cost of the proposed project, the extent to which the proposed project will fulfill stated purposes and benefit the targeted population, and other matters when evaluating a grant application. Requires the Department to report to specified House and Senate committees (i) before June 30, 2025 regarding each county awarded a grant under the pilot program and the details of each project and (ii) before June 30, 2027 regarding data gathered on each project, recommendations for future use of mental health crisis services and substance use disorder crisis services in behavioral health recovery centers, and other matters. Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to apply, no later than July 1, 2024, for a waiver or State Plan amendment to offer a program that provides reimbursement through a bundled daily rate for crisis management services that are delivered to an individual during the individual's stay at a behavioral health recovery center. Requires the Department to implement the program upon federal approval and to require certain managed care organizations to provide coverage for behavioral health crisis management services at a behavioral health recovery center. Permits the Department to elect to integrate payment for physical health services provided in a behavioral health recovery center. Effective immediately.

A BILL FOR

AN ACT concerning behavioral health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Substance Use Disorder Act is amended by adding Section 5-28 as follows:

(20 ILCS 301/5-28 new)

Sec. 5-28. Behavioral Health Recovery Center Grant Program.

(a) As used in this Section:

"Behavioral health recovery center" means a facility that provides mental health crisis services and substance use disorder crisis services to individuals who are experiencing a mental health or substance use crisis that does not require treatment beyond 23 hours and 59 minutes.

"Project" means a behavioral health recovery center project.

(b) The Department shall establish a Behavioral Health Recovery Center Grant Pilot Program in accordance with this Section. The pilot program shall operate for a 5-year period. No later than July 1, 2024, the Department shall issue a request for proposals to award a grant to one or more counties to develop and implement a behavioral health recovery center project. A grant awarded under this Section may not be used to purchase land for the behavioral health recovery center. The Department shall award all grants under this Section before December 31, 2024.

(c) The purpose of a project is to:

(1) increase access to mental health crisis services for individuals in the State who are experiencing a mental health crisis or substance use disorder crisis; and

(2) reduce the number of individuals in the State who are incarcerated or in a hospital emergency room while experiencing a mental health crisis or substance use disorder crisis.

(d) An application for a grant under this Section shall:

(1) identify the population to which the behavioral health recovery center will provide mental health crisis and substance use disorder crisis services;

(2) identify the type of mental health crisis services or substance use disorder crisis services the behavioral health recovery center will provide;

(3) explain how the population described in paragraph (1) will benefit from the provision of mental health crisis or substance use disorder crisis services;

(4) provide details regarding:

(A) how the proposed project plans to provide mental health crisis and substance use disorder crisis services;

(B) how the proposed project will ensure that consideration is given to the capacity of the behavioral health recovery center;

(C) how the proposed project will ensure timely and effective provision of mental health crisis and substance use disorder crisis services;

(D) the cost of the proposed project;

(E) any existing or planned contracts or partnerships between the applicant and other individuals or entities to develop and implement the proposed project;

(F) any plan to use funding sources in addition to a grant under this Section for the proposed project;

(G) the sustainability of the proposed project; and

(H) the methods the proposed project will use to:

(i) protect the privacy of each individual who receives mental health crisis or substance use disorder crisis services from the behavioral health recovery center;

(ii) collect non-identifying data relating to the proposed project; and

(iii) provide transparency on the costs and operation of the proposed project; and

(5) provide other information requested by the Department to ensure that the proposed project satisfies the criteria described in subsection (f).

(f) In evaluating an application for the grant, the Department shall consider:

(1) the extent to which the proposed project will fulfill the purposes described in subsection (c);

(2) the extent to which the population described in paragraph (1) of subsection (d) is likely to benefit from the proposed project;

(3) the cost of the proposed project;

(4) the extent to which any existing or planned contracts or partnerships between the applicant and other individuals or entities to develop and implement the project, or additional funding sources available to the applicant for the proposed project, are likely to benefit the proposed project; and

(5) the viability and innovation of the proposed project.

(g) Before June 30, 2025, the Department shall report to the Mental Health and Addiction Committee of the House and the Behavioral and Mental Health Committee of the Senate regarding:

(1) each county awarded a grant under this Section; and

(2) the details of each project.

(h) Before June 30, 2027, the Department shall report to the Mental Health and Addiction Committee of the House and the Behavioral and Mental Health Committee of the Senate, or successor committees, regarding:

(1) data gathered in relation to each project;

(2) knowledge gained relating to the provision of mental health crisis and substance use disorder crisis services in a behavioral health recovery center;

(3) recommendations for the future use of mental health crisis services and substance use disorder crisis services in behavioral health recovery centers; and

(4) obstacles encountered in the provision of mental health crisis services in a behavioral health recovery center.

Section 10. The Illinois Public Aid Code is amended by adding Section 5-52 as follows:

(305 ILCS 5/5-52 new)

Sec. 5-52. Reimbursement for crisis management services at behavioral health recovery centers.

(a) As used in this Section:

"Behavioral health recovery center" has the meaning ascribed to that term in Section 5-28 of the Substance Use Disorder Act.

"Crisis management services" means behavioral health services provided to an individual who is experiencing a mental health crisis or substance use crisis.

"Managed care organization" has the meaning ascribed to that term in Section 5-30.1.

(b) No later than July 1, 2024, the Department shall apply for a waiver or Title XIX State Plan amendment with the federal Centers for Medicare and Medicaid Services to offer a program that provides reimbursement through a bundled daily rate for crisis management services that are delivered to an individual during the individual's stay at a behavioral health recovery center.

(c) If the waiver or Title XIX State Plan amendment described in subsection (b) is approved, the Department shall:

(1) implement the program described in subsection (b); and

(2) require a managed care organization that contracts with the Department for behavioral health services or integrated health services to provide coverage for crisis management services that are delivered to an individual during the individual's stay at a behavioral health recovery center.

(d) The Department may elect to integrate payment for physical health services provided in a behavioral health recovery center. In determining whether to integrate payment under this subsection, the Department shall consult with managed care organizations and counties in the State.

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