HB1872 EngrossedLRB104 08599 KTG 18651 b HB1872 Engrossed LRB104 08599 KTG 18651 b
HB1872 Engrossed LRB104 08599 KTG 18651 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Children and Family Services Act is amended
5 by adding Section 5.28 as follows:
6 (20 ILCS 505/5.28 new)
7 Sec. 5.28. Assigned mental health providers for youth in
8 care.
9 (a) As used in this Section, "mental health and wellness
10 screening" means an age-appropriate screening that includes a
11 visual assessment of the youth, whether in-person or via
12 telehealth, that comports with the recommendations of the
13 American Academy of Pediatrics' Bright Futures: Guidelines for
14 Health Supervision of Infants, Children, and Adolescents, and
15 that is conducted for the purposes of (i) identifying a mental
16 health issue, condition, or disorder; (ii) discussing mental
17 health symptoms that might be present, including symptoms of a
18 previously diagnosed mental health condition or disorder;
19 (iii) performing an evaluation of adverse childhood
20 experiences; and (iv) discussing mental health and wellness.
21 (b) No later than 45 days after a youth in care is removed
22 from the youth's home and placed in the temporary custody or
23 guardianship of the Department and every year thereafter, a
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1 youth in care shall receive a mental health and wellness
2 screening unless the youth in care:
3 (1) is less than 6 months of age;
4 (2) is 12 years of age or older and does not consent to
5 receiving mental health services; or
6 (3) is already being treated by a mental health
7 clinician.
8 (c) If the mental health and wellness screening required
9 under subsection (b) results in a recommendation of mental
10 health care for the youth, the youth's caseworker shall
11 coordinate the delivery of mental health care and related
12 services recommended for the youth. The youth shall receive
13 assessments and services from a licensed clinician as
14 recommended by the mental health provider unless the youth is
15 12 years of age or older and does not consent to receiving
16 mental health services.
17 If the youth in care is covered under the State's Medicaid
18 managed care program, the managed care plan shall ensure that
19 the youth has access to a mental health provider who will begin
20 serving the youth within 30 days after receipt of the referral
21 from the screening and who is located:
22 (1) within a 30-mile radius or 30-minute drive from
23 the youth's place of residence;
24 (2) within a 60-mile radius or 60-minute drive from
25 the youth's place of residence in rural counties; or
26 (3) as otherwise provided for in the managed care
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1 plan's contract with the Department of Healthcare and
2 Family Services if the time and distance limitations are
3 more restrictive in that contract.
4 If there is not an in-network provider who meets these
5 requirements, the managed care plan shall cover the cost
6 necessary for the youth to receive care from an out-of-network
7 provider who meets these availability and proximity
8 requirements and is an eligible provider in the State's
9 Medical Assistance Program.
10 The Department and the Department of Healthcare and Family
11 Services shall ensure that any managed care plan that is in
12 effect, amended, delivered, issued, or renewed on or after
13 January 1, 2026 requires managed care organizations to meet
14 the obligations of this Section if the managed care plan
15 serves youth in care under the State's Medicaid managed care
16 program.
17 Any mental health care and related services provided to
18 the youth shall be in addition to any other care or services
19 the youth receives from the youth's primary care provider. The
20 Department may adopt any rules necessary to implement the
21 provisions of this Section, including rules to promote a
22 holistic and proactive approach to the provision of mental
23 health care for youth in care.
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