Illinois General Assembly - Full Text of SB1910
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Full Text of SB1910  103rd General Assembly

SB1910 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1910

 

Introduced 2/9/2023, by Sen. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2205/2205-40 new

    Amends the Department of Healthcare and Family Services Law. Provides that, to ensure that the actions of the Department of Healthcare and Family Services are fairly and equitably communicated to both the provider community and Medicaid managed care organizations under contract with the State, to the full extent permitted by federal and State law, the Department shall coordinate with and communicate to statewide organizations representing substance use disorder and mental health facilities and providers (statewide organizations) the Department's actions or modifications to those provisions of the Illinois Public Aid Code or Department rules concerning managed care services for persons with substance use disorders or mental health conditions, at the same time the Department communicates such actions or modifications to Medicaid managed care organizations (MCOs) or plans. Specifies that the requirements of the amendatory Act apply to actions, communications, or modifications involving mental health and substance use disorder provisions to or from the Illinois Public Aid Code or adopted rules for which the Department has authority over. Provides that, to the full extent permitted by federal and State law, the Department shall provide a statewide organization with notice of the Department's proposed actions or modifications to such State laws or Department rules, at the same time the Department communicates such proposed actions or modifications to MCOs. Provides that, to the extent that the Department is prohibited by a federal or State law, a contractual obligation, or any other privacy restriction from disclosing certain information related to the Department's action or modification to a State law or Department rule, the Department shall disclose such information to the statewide organization as soon as permitted and to the full extent permissible under the applicable law or contract or when the privacy restriction has been removed.


LRB103 26968 KTG 53334 b

 

 

A BILL FOR

 

SB1910LRB103 26968 KTG 53334 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Healthcare and Family
5Services Law of the Civil Administrative Code of Illinois is
6amended by adding Section 2205-40 as follows:
 
7    (20 ILCS 2205/2205-40 new)
8    Sec. 2205-40. Department transparency.
9    (a) To ensure that the actions of the Department are
10fairly and equitably communicated to both the provider
11community and Medicaid managed care organizations under
12contract with the State, to the full extent permitted by
13federal and State law, the Department shall coordinate with
14and communicate to statewide organizations representing
15substance use disorder and mental health facilities and
16providers the Department's actions or modifications to any
17State law or Department rule listed in subsection (d)
18concerning managed care services for persons with substance
19use disorders or mental health conditions, at the same time
20the Department communicates such actions or modifications to
21Medicaid managed care organizations or plans, in substantially
22the same form and amount of information as that communicated
23by the Department to the Medicaid managed care organizations.

 

 

SB1910- 2 -LRB103 26968 KTG 53334 b

1    (b) To the full extent permitted by federal and State law,
2the Department shall provide statewide organizations
3representing substance use disorder and mental health
4facilities and providers with notice of the Department's
5proposed actions or modifications to any State law or
6Department rule listed in subsection (d) concerning managed
7care services for persons with substance use disorders or
8mental health conditions, at the same time the Department
9communicates such proposed actions or modifications to
10Medicaid managed care organizations or plans, in substantially
11the same form and amount of information as that communicated
12by the Department to the Medicaid managed care organizations.
13    (c) To the extent that the Department is prohibited by a
14federal or State law, a contractual obligation, or any other
15privacy restriction from disclosing certain information
16related to the Department's actions or modifications to a
17State law or Department rule listed in subsection (d)
18concerning managed care services for persons with substance
19use disorders or mental health conditions, the Department
20shall disclose such information to the statewide organizations
21representing substance use disorder and mental health
22facilities and providers as soon as permitted and to the full
23extent permissible under the applicable law or contract or
24when the privacy restriction has been removed. If the
25Department provides guidance to a statewide organization
26representing Medicaid managed care organizations or plans

 

 

SB1910- 3 -LRB103 26968 KTG 53334 b

1regarding information related to managed care services for
2persons with substance use disorders or mental health
3conditions, the Department shall immediately thereafter
4communicate the same information to the statewide organization
5representing mental health and substance use disorder
6facilities and providers. Any guidance concerning managed care
7services for persons with substance use disorders or mental
8health conditions that is first communicated by the Department
9to the statewide organization representing mental health and
10substance use disorder facilities and providers shall,
11likewise, be communicated immediately thereafter to the
12statewide organization representing Medicaid managed care
13organizations or plans.
14    (d) The requirements of this Section shall apply to
15proposed or actual actions, communications, or modifications
16involving mental health and substance use disorder provisions
17to or from the Illinois Public Aid Code or rules or regulations
18adopted based upon the Illinois Public Aid Code, for which the
19Department has authority over or participates in, including,
20but not limited to, 59 Ill. Adm. Code 132, 77 Ill. Adm. Code
212060, 77 Ill. Adm. Code 2090, and 89 Ill. Adm. Code 140, or any
22amendments or additions thereto, in accordance with the
23Illinois Administrative Procedure Act.