HB2811 103RD GENERAL ASSEMBLY

LRB103 27126 KTG 53495 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2811

Introduced 2/16/2023, by Rep. Gregg Johnson

SYNOPSIS AS INTRODUCED:

20 ILCS 301/5-28 new
305 ILCS 5/5-47 new

Amends the Substance Use Disorder Act. Requires the Department of Human Services to establish a Behavioral Health Receiving Center Grant Pilot Program to award a grant to one or more counties to develop and implement a behavioral health receiving center. Requires the Department to issue a request for proposals no later than July 1, 2023 and to award all grants before December 31, 2023. Prohibits the use of the grant to purchase land for the behavioral health receiving center. Provides that the purpose of the behavioral health receiving center project is to increase access to mental health crisis services for individuals who are experiencing a mental health crisis; and to reduce the number of individuals who are incarcerated or in a hospital emergency room while experiencing a mental health crisis. Requires a grant application to contain certain information including the population to which the behavioral health receiving center will serve, the type of mental health services that will be provided, and the cost of the proposed project. Requires the Department to report to certain House and Senate committees before June 30, 2024 regarding each county awarded a grant and the details of each project. Requires the Department to report to the committees before June 30, 2026 regarding certain data and recommendations for the future use of mental health crisis services in behavioral health receiving centers. 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, 2023, for a federal waiver or Title XIX State Plan amendment to provide 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 receiving center. Effective immediately.

A BILL FOR

AN ACT concerning State government.

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 Receiving Center Grant Program.

(a) Definitions. As used in this Section:

"Behavioral health receiving center" means a 23-hour non-secure program or facility that is responsible for, and provides mental health crisis services to, an individual experiencing a mental health crisis.

"Project" means a behavioral health receiving center project described in subsection (b).

(b) The Department shall establish a Behavioral Health Receiving Center Grant Pilot Program in accordance with this Section. The pilot program shall operate for a 5-year period. No later than July 1, 2023 the Department shall issue a request for proposals to award a grant to one or more counties to develop and implement a behavioral health receiving center project. A grant awarded under this Section may not be used to purchase land for the behavioral health receiving center. The Department shall award all grants under this Section before December 31, 2023.

(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; 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.

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

(1) identify the population to which the behavioral health receiving center will provide mental health crisis services;

(2) identify the type of mental health crisis services the behavioral health receiving center will provide;

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

(4) provide details regarding:

(A) how the proposed project plans to provide mental health crisis services;

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

(C) how the proposed project will ensure timely and effective provision of mental health 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 services from the behavioral health receiving 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, 2024, 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, 2026, 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 services in a behavioral health receiving center;

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

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

Section 10. The Illinois Public Aid Code is amended by adding Section 5-47 as follows:

(305 ILCS 5/5-47 new)

Sec. 5-47. Reimbursement for crisis management services provided in a behavioral health receiving center; integration of payment for physical health services.

(a) As used in this Section:

"Behavioral health receiving 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.

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

(b) No later than July 1, 2023, 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 receiving 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 receiving center.

(d) The Department may elect to integrate payment for physical health services provided in a behavioral health receiving 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.