Public Act 103-0535
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HB2847 Enrolled LRB103 26943 BMS 53308 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. References to Act; purpose.
(a) References to Act. This Act may be referred to as the
Mental Health and Wellness Act.
(b) Purpose. This Act is intended to address Illinois'
skyrocketing mental health needs for children, youth, and
adults following the COVID-19 pandemic by covering preventive
mental health care.
Section 5. Findings. The General Assembly finds that:
(1) According to a recent U.S. Surgeon General's
Advisory on Protecting Youth Mental Health, the proportion
of high school students reporting persistent feelings of
hopelessness and sadness increased by 40% between 2009 and
2019, and rates of depression and anxiety doubled during
the COVID-19 pandemic.
(2) Death by suicide is alarmingly high, particularly
among Black children. Black children under 13 are now
nearly twice as likely to die by suicide than White
children.
(3) According to a bipartisan United States Senate
Finance Committee report on Mental Health Care in the
HB2847 Enrolled LRB103 26943 BMS 53308 b
United States, symptoms for depression and anxiety in
adults increased nearly fourfold during the COVID-19
pandemic.
Section 10. The State Employees Group Insurance Act of
1971 is amended by changing Section 6.11 as follows:
(5 ILCS 375/6.11)
(Text of Section before amendment by P.A. 102-768)
Sec. 6.11. Required health benefits; Illinois Insurance
Code requirements. The program of health benefits shall
provide the post-mastectomy care benefits required to be
covered by a policy of accident and health insurance under
Section 356t of the Illinois Insurance Code. The program of
health benefits shall provide the coverage required under
Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
356z.53, 356z.54, 356z.56, 356z.57, 356z.59, and 356z.60, and
356z.61 of the Illinois Insurance Code. The program of health
benefits must comply with Sections 155.22a, 155.37, 355b,
356z.19, 370c, and 370c.1 and Article XXXIIB of the Illinois
Insurance Code. The Department of Insurance shall enforce the
requirements of this Section with respect to Sections 370c and
370c.1 of the Illinois Insurance Code; all other requirements
of this Section shall be enforced by the Department of Central
Management Services.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20;
101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103,
eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816,
eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
revised 12-13-22.)
(Text of Section after amendment by P.A. 102-768)
Sec. 6.11. Required health benefits; Illinois Insurance
Code requirements. The program of health benefits shall
provide the post-mastectomy care benefits required to be
covered by a policy of accident and health insurance under
Section 356t of the Illinois Insurance Code. The program of
health benefits shall provide the coverage required under
Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, and
356z.60, and 356z.61 of the Illinois Insurance Code. The
program of health benefits must comply with Sections 155.22a,
155.37, 355b, 356z.19, 370c, and 370c.1 and Article XXXIIB of
the Illinois Insurance Code. The Department of Insurance shall
enforce the requirements of this Section with respect to
Sections 370c and 370c.1 of the Illinois Insurance Code; all
other requirements of this Section shall be enforced by the
Department of Central Management Services.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20;
101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103,
eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
1-1-23; 102-768, eff. 1-1-24; 102-804, eff. 1-1-23; 102-813,
eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23;
102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23.)
Section 15. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by adding Section 2310-720 as follows:
(20 ILCS 2310/2310-720 new)
Sec. 2310-720. Public educational effort on mental health
and wellness. Subject to appropriation, the Department shall
undertake a public educational campaign to bring broad public
awareness to communities across this State on the importance
of mental health and wellness, including the expanded coverage
of mental health treatment, and consistent with the
recommendations of the Illinois Children's Mental Health
Partnership's Children's Mental Health Plan of 2022 and Public
Act 102-899. The Department shall look to other successful
public educational campaigns to guide this effort, such as the
public educational campaign related to Get Covered Illinois.
Additionally, the Department shall work with the Department of
Insurance, the Illinois State Board of Education, the
Department of Human Services, the Department of Healthcare and
Family Services, the Department of Juvenile Justice, the
Department of Children and Family Services, and other State
agencies as necessary to promote consistency in messaging and
distribution methods between this campaign and other
concurrent public educational campaigns related to mental
health and mental wellness. Public messaging for this campaign
shall be simple, be easy to understand, and include culturally
competent messaging for different communities and regions
throughout this State.
Section 20. The Counties Code is amended by changing
Section 5-1069.3 as follows:
(55 ILCS 5/5-1069.3)
Sec. 5-1069.3. Required health benefits. If a county,
including a home rule county, is a self-insurer for purposes
of providing health insurance coverage for its employees, the
coverage shall include coverage for the post-mastectomy care
benefits required to be covered by a policy of accident and
health insurance under Section 356t and the coverage required
under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x,
356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,
356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40,
356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53,
356z.54, 356z.56, 356z.57, 356z.59, and 356z.60, and 356z.61
of the Illinois Insurance Code. The coverage shall comply with
Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
Insurance Code. The Department of Insurance shall enforce the
requirements of this Section. The requirement that health
benefits be covered as provided in this Section is an
exclusive power and function of the State and is a denial and
limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution. A home rule county to which this
Section applies must comply with every provision of this
Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,
eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22;
102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816,
eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
102-1117, eff. 1-13-23.)
Section 25. The Illinois Municipal Code is amended by
changing Section 10-4-2.3 as follows:
(65 ILCS 5/10-4-2.3)
Sec. 10-4-2.3. Required health benefits. If a
municipality, including a home rule municipality, is a
self-insurer for purposes of providing health insurance
coverage for its employees, the coverage shall include
coverage for the post-mastectomy care benefits required to be
covered by a policy of accident and health insurance under
Section 356t and the coverage required under Sections 356g,
356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a,
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41,
356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54,
356z.56, 356z.57, 356z.59, and 356z.60, and 356z.61 of the
Illinois Insurance Code. The coverage shall comply with
Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
Insurance Code. The Department of Insurance shall enforce the
requirements of this Section. The requirement that health
benefits be covered as provided in this is an exclusive power
and function of the State and is a denial and limitation under
Article VII, Section 6, subsection (h) of the Illinois
Constitution. A home rule municipality to which this Section
applies must comply with every provision of this Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,
eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22;
102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816,
eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
102-1117, eff. 1-13-23.)
Section 30. The School Code is amended by changing Section
10-22.3f as follows:
(105 ILCS 5/10-22.3f)
Sec. 10-22.3f. Required health benefits. Insurance
protection and benefits for employees shall provide the
post-mastectomy care benefits required to be covered by a
policy of accident and health insurance under Section 356t and
the coverage required under Sections 356g, 356g.5, 356g.5-1,
356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8,
356z.9, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22,
356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
356z.53, 356z.54, 356z.56, 356z.57, 356z.59, and 356z.60, and
356z.61 of the Illinois Insurance Code. Insurance policies
shall comply with Section 356z.19 of the Illinois Insurance
Code. The coverage shall comply with Sections 155.22a, 355b,
and 370c of the Illinois Insurance Code. The Department of
Insurance shall enforce the requirements of this Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,
eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. 1-1-22;
102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff.
1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860,
eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23.)
Section 35. The Illinois Insurance Code is amended by
adding Section 356z.61 as follows:
(215 ILCS 5/356z.61 new)
Sec. 356z.61. Coverage of no-cost mental health prevention
and wellness visits.
(a) A group or individual policy of accident and health
insurance or managed care plan that is amended, delivered,
issued, or renewed on or after January 1, 2025 shall provide
coverage for one annual mental health prevention and wellness
visit for children and for adults.
(b) Mental health prevention and wellness visits shall
include any age-appropriate screening recommended by the
United States Preventive Services Task Force or by the
American Academy of Pediatrics' Bright Futures: Guidelines for
Health Supervision of Infants, Children, and Adolescents for
purposes of identifying a mental health issue, condition, or
disorder; discussing mental health symptoms that might be
present, including symptoms of a previously diagnosed mental
health condition or disorder; performing an evaluation of
adverse childhood experiences; and discussing mental health
and wellness.
(c) A mental health prevention and wellness visit shall be
covered for up to 60 minutes and may be performed by a
physician licensed to practice medicine in all of its
branches, a licensed clinical psychologist, a licensed
clinical social worker, a licensed clinical professional
counselor, a licensed marriage and family therapist, a
licensed social worker, or a licensed professional counselor.
(d) A policy subject to this Section shall not impose a
deductible, coinsurance, copayment, or other cost-sharing
requirement for mental health prevention and wellness visits.
The cost-sharing prohibition in this subsection (d) does not
apply to coverage of mental health prevention and wellness
visits to the extent such coverage would disqualify a
high-deductible health plan from eligibility for a health
savings account pursuant to Section 223 of the Internal
Revenue Code.
(e) A mental health prevention and wellness visit shall be
in addition to an annual physical examination and shall not
replace a well-child visit or a general health or medical
visit.
(f) A mental health prevention and wellness visit shall be
reimbursed through the following American Medical Association
current procedural terminology codes and at the same rate that
current procedural terminology codes are reimbursed for the
provision of other medical care: 99381-99387 and 99391-99397.
The Department shall update the current procedural terminology
codes through adoption of rules if the codes listed in this
subsection are altered, amended, changed, deleted, or
supplemented.
(g) Reimbursement of any of the current procedural
terminology codes listed in this Section shall comply with the
following:
(1) reimbursement may be adjusted for payment of
claims that are billed by a nonphysician clinician so long
as the methodology to determine the adjustments are
comparable to and applied no more stringently than the
methodology for adjustments made for reimbursement of
claims billed by nonphysician clinicians for other medical
care, in accordance with 45 CFR 146.136(c)(4); and
(2) for a mental health prevention and wellness visit
and for a service other than a mental health prevention
and wellness visit, reimbursement shall not be denied if
they occur on the same date by the same provider and the
provider is a primary care provider.
(h) A mental health prevention and wellness visit may be
incorporated into and reimbursed within any type of integrated
primary care service delivery method, including, but not
limited to, a psychiatric collaborative care model as provided
for under this Code.
(i) The Department shall adopt any rules necessary to
implement this Section by no later than October 31, 2024.
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.