Rep. Lindsey LaPointe

Filed: 4/27/2023

 

 


 

 


 
10300HB2847ham002LRB103 26943 BMS 61026 a

1
AMENDMENT TO HOUSE BILL 2847

2    AMENDMENT NO. ______. Amend House Bill 2847 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. References to Act; purpose.
5    (a) References to Act. This Act may be referred to as the
6Mental Health and Wellness Act.
7    (b) Purpose. This Act is intended to address Illinois'
8skyrocketing mental health needs for children, youth, and
9adults following the COVID-19 pandemic by covering preventive
10mental health care.
 
11    Section 5. Findings. The General Assembly finds that:
12        (1) According to a recent U.S. Surgeon General's
13    Advisory on Protecting Youth Mental Health, the proportion
14    of high school students reporting persistent feelings of
15    hopelessness and sadness increased by 40% between 2009 and
16    2019, and rates of depression and anxiety doubled during

 

 

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1    the COVID-19 pandemic.
2        (2) Death by suicide is alarmingly high, particularly
3    among Black children. Black children under 13 are now
4    nearly twice as likely to die by suicide than White
5    children.
6        (3) According to a bipartisan United States Senate
7    Finance Committee report on Mental Health Care in the
8    United States, symptoms for depression and anxiety in
9    adults increased nearly fourfold during the COVID-19
10    pandemic.
 
11    Section 10. The State Employees Group Insurance Act of
121971 is amended by changing Section 6.11 as follows:
 
13    (5 ILCS 375/6.11)
14    (Text of Section before amendment by P.A. 102-768)
15    Sec. 6.11. Required health benefits; Illinois Insurance
16Code requirements. The program of health benefits shall
17provide the post-mastectomy care benefits required to be
18covered by a policy of accident and health insurance under
19Section 356t of the Illinois Insurance Code. The program of
20health benefits shall provide the coverage required under
21Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
22356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
23356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
24356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,

 

 

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1356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
2356z.53, 356z.54, 356z.56, 356z.57, 356z.59, and 356z.60, and
3356z.61 of the Illinois Insurance Code. The program of health
4benefits must comply with Sections 155.22a, 155.37, 355b,
5356z.19, 370c, and 370c.1 and Article XXXIIB of the Illinois
6Insurance Code. The Department of Insurance shall enforce the
7requirements of this Section with respect to Sections 370c and
8370c.1 of the Illinois Insurance Code; all other requirements
9of this Section shall be enforced by the Department of Central
10Management Services.
11    Rulemaking authority to implement Public Act 95-1045, if
12any, is conditioned on the rules being adopted in accordance
13with all provisions of the Illinois Administrative Procedure
14Act and all rules and procedures of the Joint Committee on
15Administrative Rules; any purported rule not so adopted, for
16whatever reason, is unauthorized.
17(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20;
18101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
191-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103,
20eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
21102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
221-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816,
23eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
24revised 12-13-22.)
 
25    (Text of Section after amendment by P.A. 102-768)

 

 

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1    Sec. 6.11. Required health benefits; Illinois Insurance
2Code requirements. The program of health benefits shall
3provide the post-mastectomy care benefits required to be
4covered by a policy of accident and health insurance under
5Section 356t of the Illinois Insurance Code. The program of
6health benefits shall provide the coverage required under
7Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
8356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
9356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
10356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
11356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
12356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, and
13356z.60, and 356z.61 of the Illinois Insurance Code. The
14program of health benefits must comply with Sections 155.22a,
15155.37, 355b, 356z.19, 370c, and 370c.1 and Article XXXIIB of
16the Illinois Insurance Code. The Department of Insurance shall
17enforce the requirements of this Section with respect to
18Sections 370c and 370c.1 of the Illinois Insurance Code; all
19other requirements of this Section shall be enforced by the
20Department of Central Management Services.
21    Rulemaking authority to implement Public Act 95-1045, if
22any, is conditioned on the rules being adopted in accordance
23with all provisions of the Illinois Administrative Procedure
24Act and all rules and procedures of the Joint Committee on
25Administrative Rules; any purported rule not so adopted, for
26whatever reason, is unauthorized.

 

 

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1(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20;
2101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
31-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103,
4eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
5102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
61-1-23; 102-768, eff. 1-1-24; 102-804, eff. 1-1-23; 102-813,
7eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23;
8102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23.)
 
9    Section 15. The Department of Public Health Powers and
10Duties Law of the Civil Administrative Code of Illinois is
11amended by adding Section 2310-720 as follows:
 
12    (20 ILCS 2310/2310-720 new)
13    Sec. 2310-720. Public educational effort on mental health
14and wellness. Subject to appropriation, the Department shall
15undertake a public educational campaign to bring broad public
16awareness to communities across this State on the importance
17of mental health and wellness, including the expanded coverage
18of mental health treatment, and consistent with the
19recommendations of the Illinois Children's Mental Health
20Partnership's Children's Mental Health Plan of 2022 and Public
21Act 102-899. The Department shall look to other successful
22public educational campaigns to guide this effort, such as the
23public educational campaign related to Get Covered Illinois.
24Additionally, the Department shall work with the Department of

 

 

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1Insurance, the Illinois State Board of Education, the
2Department of Human Services, the Department of Healthcare and
3Family Services, the Department of Juvenile Justice, the
4Department of Children and Family Services, and other State
5agencies as necessary to promote consistency in messaging and
6distribution methods between this campaign and other
7concurrent public educational campaigns related to mental
8health and mental wellness. Public messaging for this campaign
9shall be simple, be easy to understand, and include culturally
10competent messaging for different communities and regions
11throughout this State.
 
12    Section 20. 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
17of providing 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, 356q, 356u, 356w, 356x,
22356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
23356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,
24356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40,

 

 

10300HB2847ham002- 7 -LRB103 26943 BMS 61026 a

1356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53,
2356z.54, 356z.56, 356z.57, 356z.59, and 356z.60, and 356z.61
3of the Illinois Insurance Code. The coverage shall comply with
4Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
5Insurance Code. The Department of Insurance shall enforce the
6requirements of this Section. The requirement that health
7benefits be covered as provided in this Section is an
8exclusive power and function of the State and is a denial and
9limitation under Article VII, Section 6, subsection (h) of the
10Illinois Constitution. A home rule county to which this
11Section applies must comply with every provision of this
12Section.
13    Rulemaking authority to implement Public Act 95-1045, if
14any, is conditioned on the rules being adopted in accordance
15with all provisions of the Illinois Administrative Procedure
16Act and all rules and procedures of the Joint Committee on
17Administrative Rules; any purported rule not so adopted, for
18whatever reason, is unauthorized.
19(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
20101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
211-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,
22eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22;
23102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
241-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816,
25eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
26102-1117, eff. 1-13-23.)
 

 

 

10300HB2847ham002- 8 -LRB103 26943 BMS 61026 a

1    Section 25. The Illinois Municipal Code is amended by
2changing Section 10-4-2.3 as follows:
 
3    (65 ILCS 5/10-4-2.3)
4    Sec. 10-4-2.3. Required health benefits. If a
5municipality, including a home rule municipality, is a
6self-insurer for purposes of providing health insurance
7coverage for its employees, the coverage shall include
8coverage for the post-mastectomy care benefits required to be
9covered by a policy of accident and health insurance under
10Section 356t and the coverage required under Sections 356g,
11356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a,
12356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
13356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
14356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41,
15356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54,
16356z.56, 356z.57, 356z.59, and 356z.60, and 356z.61 of the
17Illinois Insurance Code. The coverage shall comply with
18Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
19Insurance Code. The Department of Insurance shall enforce the
20requirements of this Section. The requirement that health
21benefits be covered as provided in this is an exclusive power
22and function of the State and is a denial and limitation under
23Article VII, Section 6, subsection (h) of the Illinois
24Constitution. A home rule municipality to which this Section

 

 

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1applies must comply with every provision of this Section.
2    Rulemaking authority to implement Public Act 95-1045, if
3any, is conditioned on the rules being adopted in accordance
4with all provisions of the Illinois Administrative Procedure
5Act and all rules and procedures of the Joint Committee on
6Administrative Rules; any purported rule not so adopted, for
7whatever reason, is unauthorized.
8(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
9101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
101-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,
11eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22;
12102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
131-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816,
14eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
15102-1117, eff. 1-13-23.)
 
16    Section 30. The School Code is amended by changing Section
1710-22.3f as follows:
 
18    (105 ILCS 5/10-22.3f)
19    Sec. 10-22.3f. Required health benefits. Insurance
20protection and benefits for employees shall provide the
21post-mastectomy care benefits required to be covered by a
22policy of accident and health insurance under Section 356t and
23the coverage required under Sections 356g, 356g.5, 356g.5-1,
24356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8,

 

 

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1356z.9, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22,
2356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
3356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
4356z.53, 356z.54, 356z.56, 356z.57, 356z.59, and 356z.60, and
5356z.61 of the Illinois Insurance Code. Insurance policies
6shall comply with Section 356z.19 of the Illinois Insurance
7Code. The coverage shall comply with Sections 155.22a, 355b,
8and 370c of the Illinois Insurance Code. The Department of
9Insurance shall enforce the requirements of 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. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
17101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
181-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,
19eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. 1-1-22;
20102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff.
211-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860,
22eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23.)
 
23    Section 35. The Illinois Insurance Code is amended by
24adding Section 356z.61 as follows:
 

 

 

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1    (215 ILCS 5/356z.61 new)
2    Sec. 356z.61. Coverage of no-cost mental health prevention
3and wellness visits.
4    (a) A group or individual policy of accident and health
5insurance or managed care plan that is amended, delivered,
6issued, or renewed on or after January 1, 2025 shall provide
7coverage for 2 annual mental health prevention and wellness
8visits for children and for adults.
9    (b) Mental health prevention and wellness visits shall
10include any age-appropriate screening recommended by the
11United States Preventive Services Task Force or by the
12American Academy of Pediatrics' Bright Futures: Guidelines for
13Health Supervision of Infants, Children, and Adolescents for
14purposes of identifying a mental health issue, condition, or
15disorder; discussing mental health symptoms that might be
16present, including symptoms of a previously diagnosed mental
17health condition or disorder; performing an evaluation of
18adverse childhood experiences; and discussing mental health
19and wellness.
20    (c) A mental health prevention and wellness visit shall be
21covered for up to 60 minutes and may be performed by a
22physician licensed to practice medicine in all of its
23branches, a licensed clinical psychologist, a licensed
24clinical social worker, a licensed clinical professional
25counselor, a licensed marriage and family therapist, a
26licensed social worker, or a licensed professional counselor.

 

 

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1    (d) A policy subject to this Section shall not impose a
2deductible, coinsurance, copayment, or other cost-sharing
3requirement for mental health prevention and wellness visits.
4The cost-sharing prohibition in this subsection (d) does not
5apply to coverage of mental health prevention and wellness
6visits to the extent such coverage would disqualify a
7high-deductible health plan from eligibility from a health
8savings account pursuant to Section 223 of the Internal
9Revenue Code.
10    (e) A mental health prevention and wellness visit shall be
11in addition to an annual physical examination and shall not
12replace a well-child visit or a general health or medical
13visit.
14    (f) A mental health prevention and wellness visit shall be
15reimbursed through the following American Medical Association
16current procedural terminology codes and at the same rate that
17current procedural terminology codes are reimbursed for the
18provision of other medical care: 99381-99387 and 99391-99397.
19The Department shall update the current procedural terminology
20codes through adoption of rules if the codes listed in this
21subsection are altered, amended, changed, deleted, or
22supplemented.
23    (g) Reimbursement of any of the current procedural
24terminology codes listed in this Section shall comply with the
25following:
26        (1) reimbursement may be adjusted for payment of

 

 

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1    claims that are billed by a nonphysician clinician so long
2    as the methodology to determine the adjustments are
3    comparable to and applied no more stringently than the
4    methodology for adjustments made for reimbursement of
5    claims billed by nonphysician clinicians for other medical
6    care, in accordance with 45 CFR 146.136(c)(4); and
7        (2) for a mental health prevention and wellness visit
8    and for a service other than a mental health prevention
9    and wellness visit, reimbursement shall not be denied if
10    they occur on the same date by the same provider and the
11    provider is a primary care provider.
12    (h) A mental health prevention and wellness visit may be
13incorporated into and reimbursed within any type of integrated
14primary care service delivery method, including, but not
15limited to, a psychiatric collaborative care model as provided
16for under this Code.
17    (i) The Department shall adopt any rules necessary to
18implement this Section by no later than October 31, 2024.
 
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.".