Illinois 2023-2024 Regular Session

Illinois House Bill HB1099 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1099 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: New Act Creates the Children's Mental Health Local Collaborative Transformation Fund Act. Creates local children's mental health collaboratives. Defines "local children's mental health collaborative" as an entity formed by the agreement of representatives of the local system of care, including mental health services, social services, correctional services, education services, health services, and vocational services, for the purpose of developing and governing an integrated service system. Provides that, to qualify as a local children's mental health collaborative and be eligible to receive start-up funds, the representatives of the local system of care and nongovernmental entities (such as parents of children in the target population; parent and consumer organizations; community, civic, and religious organizations; private and nonprofit mental and physical health care providers; culturally specific organizations; local foundations; and businesses) or, at a minimum, one county, one school district or special education cooperative, one mental health entity, and one juvenile justice or juvenile corrections entity, must agree to the following: (1) to establish a local children's mental health collaborative and develop an integrated service system; (2) to commit resources to providing services through the local children's mental health collaborative; and (3) to develop a plan to contribute funds to the children's mental health collaborative. Effective January 1, 2024. LRB103 04700 RJT 49709 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1099 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: New Act New Act Creates the Children's Mental Health Local Collaborative Transformation Fund Act. Creates local children's mental health collaboratives. Defines "local children's mental health collaborative" as an entity formed by the agreement of representatives of the local system of care, including mental health services, social services, correctional services, education services, health services, and vocational services, for the purpose of developing and governing an integrated service system. Provides that, to qualify as a local children's mental health collaborative and be eligible to receive start-up funds, the representatives of the local system of care and nongovernmental entities (such as parents of children in the target population; parent and consumer organizations; community, civic, and religious organizations; private and nonprofit mental and physical health care providers; culturally specific organizations; local foundations; and businesses) or, at a minimum, one county, one school district or special education cooperative, one mental health entity, and one juvenile justice or juvenile corrections entity, must agree to the following: (1) to establish a local children's mental health collaborative and develop an integrated service system; (2) to commit resources to providing services through the local children's mental health collaborative; and (3) to develop a plan to contribute funds to the children's mental health collaborative. Effective January 1, 2024. LRB103 04700 RJT 49709 b LRB103 04700 RJT 49709 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1099 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Children's Mental Health Local Collaborative Transformation Fund Act. Creates local children's mental health collaboratives. Defines "local children's mental health collaborative" as an entity formed by the agreement of representatives of the local system of care, including mental health services, social services, correctional services, education services, health services, and vocational services, for the purpose of developing and governing an integrated service system. Provides that, to qualify as a local children's mental health collaborative and be eligible to receive start-up funds, the representatives of the local system of care and nongovernmental entities (such as parents of children in the target population; parent and consumer organizations; community, civic, and religious organizations; private and nonprofit mental and physical health care providers; culturally specific organizations; local foundations; and businesses) or, at a minimum, one county, one school district or special education cooperative, one mental health entity, and one juvenile justice or juvenile corrections entity, must agree to the following: (1) to establish a local children's mental health collaborative and develop an integrated service system; (2) to commit resources to providing services through the local children's mental health collaborative; and (3) to develop a plan to contribute funds to the children's mental health collaborative. Effective January 1, 2024.
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11	11	1 AN ACT concerning health.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the
15	15	5 Children's Mental Health Local Collaborative Transformation
16	16	6 Fund Act.
17	17	7 Section 5. Purpose. The General Assembly finds that
18	18	8 children with emotional disturbances or who are at risk of
19	19	9 suffering those disturbances often require services from
20	20	10 multiple service systems, including mental health, social
21	21	11 services, education, corrections, juvenile court, health, and
22	22	12 employment and economic development. To better meet the needs
23	23	13 of these children, it is the intent of the General Assembly to
24	24	14 establish an integrated children's mental health service
25	25	15 system that:
26	26	16 (1) allows local-service decision makers to draw
27	27	17 funding from a single local source so that funds follow
28	28	18 clients and eliminates the need to match clients, funds,
29	29	19 services, and provider eligibilities;
30	30	20 (2) creates a local pool of State, local, and private
31	31	21 funds to procure greater medical assistance through
32	32	22 federal financial participation;
33	33	23 (3) improves the efficiency of use of existing
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1099 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Children's Mental Health Local Collaborative Transformation Fund Act. Creates local children's mental health collaboratives. Defines "local children's mental health collaborative" as an entity formed by the agreement of representatives of the local system of care, including mental health services, social services, correctional services, education services, health services, and vocational services, for the purpose of developing and governing an integrated service system. Provides that, to qualify as a local children's mental health collaborative and be eligible to receive start-up funds, the representatives of the local system of care and nongovernmental entities (such as parents of children in the target population; parent and consumer organizations; community, civic, and religious organizations; private and nonprofit mental and physical health care providers; culturally specific organizations; local foundations; and businesses) or, at a minimum, one county, one school district or special education cooperative, one mental health entity, and one juvenile justice or juvenile corrections entity, must agree to the following: (1) to establish a local children's mental health collaborative and develop an integrated service system; (2) to commit resources to providing services through the local children's mental health collaborative; and (3) to develop a plan to contribute funds to the children's mental health collaborative. Effective January 1, 2024.
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68	68	1 resources;
69	69	2 (4) minimizes or eliminates the incentives for cost
70	70	3 and risk shifting; and
71	71	4 (5) increases the incentives for earlier
72	72	5 identification and intervention.
73	73	6 In developing this integrated service system, it is not
74	74	7 the intent of the General Assembly to limit any rights
75	75	8 available to children and their families through existing
76	76	9 federal and State laws.
77	77	10 Section 10. Definitions. In this Act:
78	78	11 "Child" means a person under 18 years of age.
79	79	12 "Department" means the Department of Human Services.
80	80	13 "Emotional disturbance" means an organic disorder of the
81	81	14 brain or a clinically significant disorder of thought, mood,
82	82	15 perception, orientation, memory, or behavior that:
83	83	16 (1) is detailed in a diagnostic code list published by
84	84	17 the Secretary; and
85	85	18 (2) seriously limits a child's capacity to function in
86	86	19 primary aspects of daily living such as personal
87	87	20 relations, living arrangements, work, school, or
88	88	21 recreation.
89	89	22 "Emotional disturbance" is a generic term and is intended
90	90	23 to reflect all categories of disorder described in the
91	91	24 clinical code list published by the Secretary as usually first
92	92	25 evident in childhood or adolescence.
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103	103	1 "Family" means a child and one or more of the following
104	104	2 persons whose participation is necessary to accomplish the
105	105	3 child's treatment goals:
106	106	4 (1) a person related to the child by blood, marriage,
107	107	5 or adoption;
108	108	6 (2) a person who is the child's foster parent or the
109	109	7 significant other of the child's foster parent; or
110	110	8 (3) a person who is the child's legal guardian or
111	111	9 custodian.
112	112	10 "Individualized rehabilitation services" means
113	113	11 alternative, flexible, coordinated, and highly individualized
114	114	12 services that are based on a multiagency plan of care. These
115	115	13 services are designed to build on the strengths and respond to
116	116	14 the needs identified in the child's multiagency assessment and
117	117	15 to improve the child's ability to function in the home,
118	118	16 school, and community. "Individualized rehabilitation
119	119	17 services" may include, but is not limited to, residential
120	120	18 services, respite services, services that assist the child or
121	121	19 family in enrolling in or participating in recreational
122	122	20 activities, assistance in purchasing otherwise unavailable
123	123	21 items or services important to maintain a specific child in
124	124	22 the family, and services that assist the child to participate
125	125	23 in more traditional services and programs.
126	126	24 "Local collaborative transformation fund" means a pool of
127	127	25 private resources and local, State, and federal resources
128	128	26 consolidated at the local level, to accomplish locally
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139	139	1 agreed-upon service goals for a target population.
140	140	2 "Integrated service system" means a coordinated set of
141	141	3 procedures established by the local children's mental health
142	142	4 collaborative for coordinating services and actions across
143	143	5 categorical systems and agencies that results in:
144	144	6 (1) integrated funding;
145	145	7 (2) improved outreach, early identification, and
146	146	8 intervention across systems;
147	147	9 (3) strong collaboration between parents and
148	148	10 professionals in identifying children in the target
149	149	11 population, facilitating access to the integrated system,
150	150	12 and coordinating care and services for these children;
151	151	13 (4) a coordinated assessment process across systems
152	152	14 that determines which children need multiagency care
153	153	15 coordination and wraparound services;
154	154	16 (5) a multiagency plan of care; and
155	155	17 (6) individualized rehabilitation services.
156	156	18 "Local children's mental health collaborative" or
157	157	19 "collaborative" means an entity formed by the agreement of
158	158	20 representatives of the local system of care for the purpose of
159	159	21 developing and governing an integrated service system.
160	160	22 "Local system of care" means a coordinated network of
161	161	23 community-based services and supports designed to meet the
162	162	24 challenges of children and youth with serious mental health
163	163	25 needs and their families, including mental health services,
164	164	26 social services, correctional services, education services,
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175	175	1 health services, and vocational services. "Local system of
176	176	2 care" includes partnerships of families, youth, public
177	177	3 organizations, and private service providers that work to more
178	178	4 effectively deliver mental health services and supports that
179	179	5 build on the strengths of individuals and fully address
180	180	6 children's and youths' needs.
181	181	7 "Mental health services" has the meaning ascribed to
182	182	8 "mental health or developmental disability services" in
183	183	9 Section 1-115 of the Mental Health and Developmental
184	184	10 Disabilities Code. As used in Section 30, "mental health
185	185	11 services" includes community-based, nonresidential services,
186	186	12 which may include respite care, that are identified in the
187	187	13 child's multiagency plan of care.
188	188	14 "Multiagency plan of care" means a written plan of
189	189	15 intervention and integrated services developed by a
190	190	16 multiagency team in conjunction with the child and family
191	191	17 based on their unique strengths and needs as determined by a
192	192	18 multiagency assessment. A "multiagency plan of care" must
193	193	19 outline measurable client outcomes and specific services
194	194	20 needed to attain these outcomes, the agencies responsible for
195	195	21 providing the specified services, funding responsibilities,
196	196	22 timelines, the judicial or administrative procedures needed to
197	197	23 implement the plan of care, the agencies responsible for
198	198	24 initiating these procedures and designate one person with lead
199	199	25 responsibility for overseeing implementation of the plan.
200	200	26 "Respite care" means planned routine care to support the
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211	211	1 continued residence of a child with emotional disturbance with
212	212	2 the child's family or long-term primary caretaker.
213	213	3 "Secretary" means the Secretary of Human Services.
214	214	4 "Service delivery area" means the geographic area to be
215	215	5 served by the local children's mental health collaborative and
216	216	6 must include at a minimum a part of a county and school
217	217	7 district or a special education cooperative.
218	218	8 "Target population" means children under 18 years of age
219	219	9 with an emotional disturbance or who are at risk of suffering
220	220	10 an emotional disturbance as evidenced by a behavior or
221	221	11 condition that affects the child's ability to function in a
222	222	12 primary aspect of daily living including personal relations,
223	223	13 living arrangements, work, school, and recreation, and a child
224	224	14 who can benefit from:
225	225	15 (1) multiagency service coordination and wraparound
226	226	16 services; or
227	227	17 (2) informal coordination of traditional mental health
228	228	18 services provided on a temporary basis.
229	229	19 "Target population" also includes persons between the ages of
230	230	20 18 and 21 who meet these criteria at the option of the local
231	231	21 children's mental health collaborative.
232	232	22 Section 15. Local children's mental health collaborative.
233	233	23 (a) To qualify as a local children's mental health
234	234	24 collaborative and be eligible to receive start-up funds, the
235	235	25 representatives of a local system of care and nongovernmental
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246	246	1 entities (such as parents of children in the target
247	247	2 population; parent and consumer organizations; community,
248	248	3 civic, and religious organizations; private and nonprofit
249	249	4 mental and physical health care providers; culturally specific
250	250	5 organizations; local foundations; and businesses, or, at a
251	251	6 minimum, one county, one school district or special education
252	252	7 cooperative, one mental-health entity, and one juvenile
253	253	8 justice or juvenile corrections entity, must agree to the
254	254	9 following:
255	255	10 (1) to establish a local children's mental health
256	256	11 collaborative and develop an integrated service system;
257	257	12 (2) to commit resources to providing services through
258	258	13 the local children's mental health cooperative; and
259	259	14 (3) to develop a plan to contribute funds to the
260	260	15 children's mental health collaborative.
261	261	16 (b) Two or more children's mental health collaboratives
262	262	17 may consolidate decision making, pool resources, and
263	263	18 collectively act on behalf of the individual collaboratives,
264	264	19 based on a written agreement among the participating
265	265	20 collaboratives.
266	266	21 (c) Each local children's mental health collaborative
267	267	22 must:
268	268	23 (1) sign a collaborative agreement and provide the
269	269	24 Secretary with a copy of the signed agreement no later
270	270	25 than 10 days after formation;
271	271	26 (2) identify a service delivery area and an
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282	282	1 operational target population within that service delivery
283	283	2 area. The operational target population must be
284	284	3 economically and culturally representative of children in
285	285	4 the service delivery area to be served by the local
286	286	5 children's mental health collaborative. The size of the
287	287	6 operational target population must also be economically
288	288	7 viable for the service delivery area;
289	289	8 (3) seek to maximize federal revenues available to
290	290	9 serve children in the target population by designating
291	291	10 local expenditures for services for these children and
292	292	11 their families that can be matched with federal dollars;
293	293	12 (4) design, develop, and ensure implementation of an
294	294	13 integrated service system that meets the requirements for
295	295	14 State and federal reimbursement and develop interagency
296	296	15 agreements necessary to implement the system;
297	297	16 (5) expand membership to include representatives of
298	298	17 other services in the local system of care, including
299	299	18 prepaid health plans under contract with the Secretary to
300	300	19 serve the needs of children in the target population and
301	301	20 their families;
302	302	21 (6) create or designate a management structure for
303	303	22 fiscal and clinical responsibility and outcome evaluation;
304	304	23 (7) spend funds generated by the local children's
305	305	24 mental health collaborative as required in this Act;
306	306	25 (8) explore methods and recommend changes needed at
307	307	26 the State level to reduce duplication and promote
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318	318	1 coordination of services, including the use of uniform
319	319	2 forms for reporting, billing, and planning of services;
320	320	3 (9) submit its integrated service system design to the
321	321	4 Department for approval within one year after notifying
322	322	5 the Secretary of its formation;
323	323	6 (10) provide an annual report and the collaborative's
324	324	7 planned timeline to expand its operational target
325	325	8 population to the Department; and
326	326	9 (11) expand its operational target population.
327	327	10 (d) The members of a local children's mental health
328	328	11 collaborative may share data on persons being served by the
329	329	12 collaborative or its members if the person gives written,
330	330	13 informed consent and the information sharing is necessary in
331	331	14 order for the collaborative to carry out its duties under this
332	332	15 Act. Data on persons shared under this subsection retain the
333	333	16 original classification as to each member of the collaborative
334	334	17 with whom the data is shared. If a federal law or regulation
335	335	18 impedes information sharing that is necessary in order for a
336	336	19 collaborative to carry out duties under this Act, the
337	337	20 appropriate State agencies shall attempt to obtain a waiver or
338	338	21 exemption from the applicable law or regulation.
339	339	22 Section 20. Integrated service system. The integrated
340	340	23 service system established by the local children's mental
341	341	24 health collaborative must:
342	342	25 (1) include a process for communicating to agencies in
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353	353	1 the local system of care eligibility criteria for services
354	354	2 received through the local children's mental health
355	355	3 collaborative and a process for determining eligibility,
356	356	4 and the process shall place strong emphasis on outreach to
357	357	5 families, respecting the family role in identifying
358	358	6 children in need and valuing families as partners;
359	359	7 (2) include measurable outcomes, timelines for
360	360	8 evaluating progress, and mechanisms for quality assurance
361	361	9 and appeals;
362	362	10 (3) involve the family and, when appropriate, the
363	363	11 child in developing multiagency service plans to the
364	364	12 extent required by law;
365	365	13 (4) meet all standards and provide all mental health
366	366	14 services as required in this Act, and ensure that the
367	367	15 services provided are culturally appropriate;
368	368	16 (5) spend funds generated by the local children's
369	369	17 mental health collaborative as required in this Act; and
370	370	18 (6) encourage public-private partnerships to increase
371	371	19 efficiency, reduce redundancy, and promote quality of
372	372	20 care.
373	373	21 Children served by the integrated service system must be
374	374	22 economically and culturally representative of children in the
375	375	23 service delivery area.
376	376	24 Section 25. Revenue enhancement; local collaborative
377	377	25 transformation fund.
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388	388	1 (a) A children's mental health collaborative has the
389	389	2 following authority and responsibilities regarding federal
390	390	3 revenue enhancement:
391	391	4 (1) the collaborative must establish a local
392	392	5 collaborative transformation fund;
393	393	6 (2) the collaborative shall designate a lead county or
394	394	7 other qualified entity as the fiscal agency for reporting,
395	395	8 claiming, and receiving payments;
396	396	9 (3) the collaborative or lead county may enter into
397	397	10 subcontracts with other counties, school districts,
398	398	11 special education cooperatives, municipalities, and other
399	399	12 public and nonprofit entities for purposes of identifying
400	400	13 and claiming eligible expenditures to enhance federal
401	401	14 reimbursement;
402	402	15 (4) the collaborative shall use any enhanced revenue
403	403	16 attributable to the activities of the collaborative,
404	404	17 including administrative and service revenue, solely to
405	405	18 provide mental health services or to expand the
406	406	19 operational target population, and the lead county or
407	407	20 other qualified entity may not use enhanced federal
408	408	21 revenue for any other purpose;
409	409	22 (5) the collaborative or lead county must develop and
410	410	23 maintain an accounting and financial management system
411	411	24 adequate to support all claims for federal reimbursement,
412	412	25 including a clear audit trail and any provisions specified
413	413	26 in the contract with the Secretary;
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424	424	1 (6) the collaborative or its members may elect to pay
425	425	2 the nonfederal share of the medical assistance costs for
426	426	3 services designated by the collaborative; and
427	427	4 (7) the lead county or other qualified entity may not
428	428	5 use federal funds or local funds designated as matching
429	429	6 for other federal funds to provide the nonfederal share of
430	430	7 medical assistance.
431	431	8 (b) A children's mental health local collaborative
432	432	9 transformation fund established under this Act must be used to
433	433	10 develop and support the integrated mental health service
434	434	11 system. The fund shall be used to help the local children's
435	435	12 mental health collaborative to serve the mental health needs
436	436	13 of children in the target population by allowing the local
437	437	14 children's mental health collaboratives to develop and
438	438	15 implement an integrated service system.
439	439	16 Section 30. Additional federal revenues. Each local
440	440	17 children's mental health collaborative shall report
441	441	18 expenditures eligible for federal reimbursement in a manner
442	442	19 prescribed by the Secretary. The Secretary shall pay all funds
443	443	20 earned by each local children's mental health collaborative to
444	444	21 the collaborative. Each local children's mental health
445	445	22 collaborative must use these funds to expand the operational
446	446	23 target population or to develop or provide mental health
447	447	24 services through the local integrated service system to
448	448	25 children in the target population. Funds may not be used to
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459	459	1 supplant funding for services to children in the target
460	460	2 population.
461	461	3 Section 99. Effective date. This Act takes effect on
462	462	4 January 1, 2024.
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