104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3440 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: 105 ILCS 5/2-3.203305 ILCS 5/5-5.23405 ILCS 165/35 new Amends the Interagency Children's Behavioral Health Services Act. Requires the Department of Human Services, in coordination with a statewide association representing a majority of hospitals, to establish and offer a voluntary training that will be recorded and made available on the Department's website to all hospital social workers, clinicians, and administrative staff to inform them of BEACON, a centralized resource for Illinois youth and families seeking services for behavioral health needs, with the goal of encouraging families to seek assistance through BEACON and the Interagency Children's Behavioral Health Services Team. Provides that the training shall include how families and hospital staff can access BEACON, the process once a case is entered into BEACON, and State and community programs accessible through BEACON. Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires a psychiatric hospital to contact a youth or the youth's parents, guardian, or caregiver about the BEACON portal (rather than the Family Support Program and the Specialized Family Support Program) prior to referring the youth to the Department of Children and Family Services because the youth was left at the psychiatric hospital beyond medical necessity. Amends the School Code. Requires the State Board of Education, in consultation with the Children's Behavioral Health Transformation Team in the Office of the Governor and relevant stakeholders, to report its work and make available resource materials, including model policies and guidance informed by a phased approach to implementing universal mental health screening in schools. Requires the State Board of Education to report its work by September 1, 2026. Provides that mental health screenings shall be offered by school districts to students enrolled in kindergarten through grade 12, at least once a year, beginning with the 2027-2028 school year. LRB104 11208 KTG 21290 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3440 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: 105 ILCS 5/2-3.203305 ILCS 5/5-5.23405 ILCS 165/35 new 105 ILCS 5/2-3.203 305 ILCS 5/5-5.23 405 ILCS 165/35 new Amends the Interagency Children's Behavioral Health Services Act. Requires the Department of Human Services, in coordination with a statewide association representing a majority of hospitals, to establish and offer a voluntary training that will be recorded and made available on the Department's website to all hospital social workers, clinicians, and administrative staff to inform them of BEACON, a centralized resource for Illinois youth and families seeking services for behavioral health needs, with the goal of encouraging families to seek assistance through BEACON and the Interagency Children's Behavioral Health Services Team. Provides that the training shall include how families and hospital staff can access BEACON, the process once a case is entered into BEACON, and State and community programs accessible through BEACON. Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires a psychiatric hospital to contact a youth or the youth's parents, guardian, or caregiver about the BEACON portal (rather than the Family Support Program and the Specialized Family Support Program) prior to referring the youth to the Department of Children and Family Services because the youth was left at the psychiatric hospital beyond medical necessity. Amends the School Code. Requires the State Board of Education, in consultation with the Children's Behavioral Health Transformation Team in the Office of the Governor and relevant stakeholders, to report its work and make available resource materials, including model policies and guidance informed by a phased approach to implementing universal mental health screening in schools. Requires the State Board of Education to report its work by September 1, 2026. Provides that mental health screenings shall be offered by school districts to students enrolled in kindergarten through grade 12, at least once a year, beginning with the 2027-2028 school year. LRB104 11208 KTG 21290 b LRB104 11208 KTG 21290 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3440 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:
105 ILCS 5/2-3.203305 ILCS 5/5-5.23405 ILCS 165/35 new 105 ILCS 5/2-3.203 305 ILCS 5/5-5.23 405 ILCS 165/35 new
105 ILCS 5/2-3.203
305 ILCS 5/5-5.23
405 ILCS 165/35 new
Amends the Interagency Children's Behavioral Health Services Act. Requires the Department of Human Services, in coordination with a statewide association representing a majority of hospitals, to establish and offer a voluntary training that will be recorded and made available on the Department's website to all hospital social workers, clinicians, and administrative staff to inform them of BEACON, a centralized resource for Illinois youth and families seeking services for behavioral health needs, with the goal of encouraging families to seek assistance through BEACON and the Interagency Children's Behavioral Health Services Team. Provides that the training shall include how families and hospital staff can access BEACON, the process once a case is entered into BEACON, and State and community programs accessible through BEACON. Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires a psychiatric hospital to contact a youth or the youth's parents, guardian, or caregiver about the BEACON portal (rather than the Family Support Program and the Specialized Family Support Program) prior to referring the youth to the Department of Children and Family Services because the youth was left at the psychiatric hospital beyond medical necessity. Amends the School Code. Requires the State Board of Education, in consultation with the Children's Behavioral Health Transformation Team in the Office of the Governor and relevant stakeholders, to report its work and make available resource materials, including model policies and guidance informed by a phased approach to implementing universal mental health screening in schools. Requires the State Board of Education to report its work by September 1, 2026. Provides that mental health screenings shall be offered by school districts to students enrolled in kindergarten through grade 12, at least once a year, beginning with the 2027-2028 school year.
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A BILL FOR
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1 AN ACT concerning mental health.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing Section
5 2-3.203 as follows:
6 (105 ILCS 5/2-3.203)
7 Sec. 2-3.203. Mental health screenings.
8 (a) On or before December 15, 2023, the State Board of
9 Education, in consultation with the Children's Behavioral
10 Health Transformation Officer, Children's Behavioral Health
11 Transformation Team in , and the Office of the Governor, shall
12 file a report with the Governor and the General Assembly that
13 includes recommendations for implementation of mental health
14 screenings in schools for students enrolled in kindergarten
15 through grade 12. This report must include a landscape scan of
16 current district-wide screenings, recommendations for
17 screening tools, training for staff, and linkage and referral
18 for identified students.
19 (b) On or before October 1, 2024, the State Board of
20 Education, in consultation with the Children's Behavioral
21 Health Transformation Teamin , the Office of the Governor, and
22 relevant stakeholders as needed shall release a strategy that
23 includes a tool for measuring capacity and readiness to
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3440 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:
105 ILCS 5/2-3.203305 ILCS 5/5-5.23405 ILCS 165/35 new 105 ILCS 5/2-3.203 305 ILCS 5/5-5.23 405 ILCS 165/35 new
105 ILCS 5/2-3.203
305 ILCS 5/5-5.23
405 ILCS 165/35 new
Amends the Interagency Children's Behavioral Health Services Act. Requires the Department of Human Services, in coordination with a statewide association representing a majority of hospitals, to establish and offer a voluntary training that will be recorded and made available on the Department's website to all hospital social workers, clinicians, and administrative staff to inform them of BEACON, a centralized resource for Illinois youth and families seeking services for behavioral health needs, with the goal of encouraging families to seek assistance through BEACON and the Interagency Children's Behavioral Health Services Team. Provides that the training shall include how families and hospital staff can access BEACON, the process once a case is entered into BEACON, and State and community programs accessible through BEACON. Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires a psychiatric hospital to contact a youth or the youth's parents, guardian, or caregiver about the BEACON portal (rather than the Family Support Program and the Specialized Family Support Program) prior to referring the youth to the Department of Children and Family Services because the youth was left at the psychiatric hospital beyond medical necessity. Amends the School Code. Requires the State Board of Education, in consultation with the Children's Behavioral Health Transformation Team in the Office of the Governor and relevant stakeholders, to report its work and make available resource materials, including model policies and guidance informed by a phased approach to implementing universal mental health screening in schools. Requires the State Board of Education to report its work by September 1, 2026. Provides that mental health screenings shall be offered by school districts to students enrolled in kindergarten through grade 12, at least once a year, beginning with the 2027-2028 school year.
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A BILL FOR
105 ILCS 5/2-3.203
305 ILCS 5/5-5.23
405 ILCS 165/35 new
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1 implement universal mental health screening of students. The
2 strategy shall build upon existing efforts to understand
3 district needs for resources, technology, training, and
4 infrastructure supports. The strategy shall include a
5 framework for supporting districts in a phased approach to
6 implement universal mental health screenings. The State Board
7 of Education shall issue a report to the Governor and the
8 General Assembly on school district readiness and plan for
9 phased approach to universal mental health screening of
10 students on or before April 1, 2025.
11 (c) On or before September 1, 2026, the State Board of
12 Education, in consultation with the Children's Behavioral
13 Health Transformation Team in the Office of the Governor and
14 relevant stakeholders, shall report its work and make
15 available resource materials, including model policies and
16 guidance informed by a phased approach to implementing
17 universal mental health screening in schools. These model
18 school district policies to facilitate the implementation of
19 mental health screenings, shall include, but are not limited
20 to, the option to opt-out, confidentiality and privacy
21 considerations, communication with families and communities
22 about the use of mental health screenings, data sharing, and
23 storage of mental health screening results and plans for
24 follow-up and linkage to resources after screenings. Guidance
25 shall include (1) mental health screening tools available for
26 school districts to use with students and (2) associated
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1 training for school personnel. The State Board of Education
2 shall make these resource materials available on its website.
3 (d) Mental health screenings shall be offered by school
4 districts to students enrolled in kindergarten through grade
5 12, at least once a year, beginning with the 2027-2028 school
6 year. A district may, by action of the State Board of
7 Education, apply for an extension of the 2027-2028 school year
8 implementation deadline if the school district meets criteria
9 set by rule by the State Board of Education, which shall be
10 based on the recommendations of the report issued in
11 accordance with subsection (c).
12 (Source: P.A. 103-546, eff. 8-11-23; 103-605, eff. 7-1-24;
13 103-885, eff. 8-9-24.)
14 Section 10. The Illinois Public Aid Code is amended by
15 changing Section 5-5.23 as follows:
16 (305 ILCS 5/5-5.23)
17 Sec. 5-5.23. Children's mental health services.
18 (a) The Department of Healthcare and Family Services, by
19 rule, shall require the screening and assessment of a child
20 prior to any Medicaid-funded admission to an inpatient
21 hospital for psychiatric services to be funded by Medicaid.
22 The screening and assessment shall include a determination of
23 the appropriateness and availability of out-patient support
24 services for necessary treatment. The Department, by rule,
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1 shall establish methods and standards of payment for the
2 screening, assessment, and necessary alternative support
3 services.
4 (b) The Department of Healthcare and Family Services, to
5 the extent allowable under federal law, shall secure federal
6 financial participation for Individual Care Grant expenditures
7 made by the Department of Healthcare and Family Services for
8 the Medicaid optional service authorized under Section 1905(h)
9 of the federal Social Security Act, pursuant to the provisions
10 of Section 7.1 of the Mental Health and Developmental
11 Disabilities Administrative Act. The Department of Healthcare
12 and Family Services may exercise the authority under this
13 Section as is necessary to administer Individual Care Grants
14 as authorized under Section 7.1 of the Mental Health and
15 Developmental Disabilities Administrative Act.
16 (c) The Department of Healthcare and Family Services shall
17 work collaboratively with the Department of Children and
18 Family Services and the Division of Mental Health of the
19 Department of Human Services to implement subsections (a) and
20 (b).
21 (d) On and after July 1, 2012, the Department shall reduce
22 any rate of reimbursement for services or other payments or
23 alter any methodologies authorized by this Code to reduce any
24 rate of reimbursement for services or other payments in
25 accordance with Section 5-5e.
26 (e) All rights, powers, duties, and responsibilities
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1 currently exercised by the Department of Human Services
2 related to the Individual Care Grant program are transferred
3 to the Department of Healthcare and Family Services with the
4 transfer and transition of the Individual Care Grant program
5 to the Department of Healthcare and Family Services to be
6 completed and implemented within 6 months after the effective
7 date of this amendatory Act of the 99th General Assembly. For
8 the purposes of the Successor Agency Act, the Department of
9 Healthcare and Family Services is declared to be the successor
10 agency of the Department of Human Services, but only with
11 respect to the functions of the Department of Human Services
12 that are transferred to the Department of Healthcare and
13 Family Services under this amendatory Act of the 99th General
14 Assembly.
15 (1) Each act done by the Department of Healthcare and
16 Family Services in exercise of the transferred powers,
17 duties, rights, and responsibilities shall have the same
18 legal effect as if done by the Department of Human
19 Services or its offices.
20 (2) Any rules of the Department of Human Services that
21 relate to the functions and programs transferred by this
22 amendatory Act of the 99th General Assembly that are in
23 full force on the effective date of this amendatory Act of
24 the 99th General Assembly shall become the rules of the
25 Department of Healthcare and Family Services. All rules
26 transferred under this amendatory Act of the 99th General
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1 Assembly are hereby amended such that the term
2 "Department" shall be defined as the Department of
3 Healthcare and Family Services and all references to the
4 "Secretary" shall be changed to the "Director of
5 Healthcare and Family Services or his or her designee". As
6 soon as practicable hereafter, the Department of
7 Healthcare and Family Services shall revise and clarify
8 the rules to reflect the transfer of rights, powers,
9 duties, and responsibilities affected by this amendatory
10 Act of the 99th General Assembly, using the procedures for
11 recodification of rules available under the Illinois
12 Administrative Procedure Act, except that existing title,
13 part, and section numbering for the affected rules may be
14 retained. The Department of Healthcare and Family
15 Services, consistent with its authority to do so as
16 granted by this amendatory Act of the 99th General
17 Assembly, shall propose and adopt any other rules under
18 the Illinois Administrative Procedure Act as necessary to
19 administer the Individual Care Grant program. These rules
20 may include, but are not limited to, the application
21 process and eligibility requirements for recipients.
22 (3) All unexpended appropriations and balances and
23 other funds available for use in connection with any
24 functions of the Individual Care Grant program shall be
25 transferred for the use of the Department of Healthcare
26 and Family Services to operate the Individual Care Grant
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1 program. Unexpended balances shall be expended only for
2 the purpose for which the appropriation was originally
3 made. The Department of Healthcare and Family Services
4 shall exercise all rights, powers, duties, and
5 responsibilities for operation of the Individual Care
6 Grant program.
7 (4) Existing personnel and positions of the Department
8 of Human Services pertaining to the administration of the
9 Individual Care Grant program shall be transferred to the
10 Department of Healthcare and Family Services with the
11 transfer and transition of the Individual Care Grant
12 program to the Department of Healthcare and Family
13 Services. The status and rights of Department of Human
14 Services employees engaged in the performance of the
15 functions of the Individual Care Grant program shall not
16 be affected by this amendatory Act of the 99th General
17 Assembly. The rights of the employees, the State of
18 Illinois, and its agencies under the Personnel Code and
19 applicable collective bargaining agreements or under any
20 pension, retirement, or annuity plan shall not be affected
21 by this amendatory Act of the 99th General Assembly. All
22 transferred employees who are members of collective
23 bargaining units shall retain their seniority, continuous
24 service, salary, and accrued benefits.
25 (5) All books, records, papers, documents, property
26 (real and personal), contracts, and pending business
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1 pertaining to the powers, duties, rights, and
2 responsibilities related to the functions of the
3 Individual Care Grant program, including, but not limited
4 to, material in electronic or magnetic format and
5 necessary computer hardware and software, shall be
6 delivered to the Department of Healthcare and Family
7 Services; provided, however, that the delivery of this
8 information shall not violate any applicable
9 confidentiality constraints.
10 (6) Whenever reports or notices are now required to be
11 made or given or papers or documents furnished or served
12 by any person to or upon the Department of Human Services
13 in connection with any of the functions transferred by
14 this amendatory Act of the 99th General Assembly, the same
15 shall be made, given, furnished, or served in the same
16 manner to or upon the Department of Healthcare and Family
17 Services.
18 (7) This amendatory Act of the 99th General Assembly
19 shall not affect any act done, ratified, or canceled or
20 any right occurring or established or any action or
21 proceeding had or commenced in an administrative, civil,
22 or criminal cause regarding the Department of Human
23 Services before the effective date of this amendatory Act
24 of the 99th General Assembly; and those actions or
25 proceedings may be defended, prosecuted, and continued by
26 the Department of Human Services.
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1 (f) (Blank).
2 (g) Family Support Program. The Department of Healthcare
3 and Family Services shall restructure the Family Support
4 Program, formerly known as the Individual Care Grant program,
5 to enable early treatment of youth, emerging adults, and
6 transition-age adults with a serious mental illness or serious
7 emotional disturbance.
8 (1) As used in this subsection and in subsections (h)
9 through (s):
10 (A) "Youth" means a person under the age of 18.
11 (B) "Emerging adult" means a person who is 18
12 through 20 years of age.
13 (C) "Transition-age adult" means a person who is
14 21 through 25 years of age.
15 (2) The Department shall amend 89 Ill. Adm. Code 139
16 in accordance with this Section and consistent with the
17 timelines outlined in this Section.
18 (3) Implementation of any amended requirements shall
19 be completed within 8 months of the adoption of any
20 amendment to 89 Ill. Adm. Code 139 that is consistent with
21 the provisions of this Section.
22 (4) To align the Family Support Program with the
23 Medicaid system of care, the services available to a
24 youth, emerging adult, or transition-age adult through the
25 Family Support Program shall include all Medicaid
26 community-based mental health treatment services and all
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1 Family Support Program services included under 89 Ill.
2 Adm. Code 139. No person receiving services through the
3 Family Support Program or the Specialized Family Support
4 Program shall become a Medicaid enrollee unless Medicaid
5 eligibility criteria are met and the person is enrolled in
6 Medicaid. No part of this Section creates an entitlement
7 to services through the Family Support Program, the
8 Specialized Family Support Program, or the Medicaid
9 program.
10 (5) The Family Support Program shall align with the
11 following system of care principles:
12 (A) Treatment and support services shall be based
13 on the results of an integrated behavioral health
14 assessment and treatment plan using an instrument
15 approved by the Department of Healthcare and Family
16 Services.
17 (B) Strong interagency collaboration between all
18 State agencies the parent or legal guardian is
19 involved with for services, including the Department
20 of Healthcare and Family Services, the Department of
21 Human Services, the Department of Children and Family
22 Services, the Department of Juvenile Justice, and the
23 Illinois State Board of Education.
24 (C) Individualized, strengths-based practices and
25 trauma-informed treatment approaches.
26 (D) For a youth, full participation of the parent
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1 or legal guardian at all levels of treatment through a
2 process that is family-centered and youth-focused. The
3 process shall include consideration of the services
4 and supports the parent, legal guardian, or caregiver
5 requires for family stabilization, and shall connect
6 such person or persons to services based on available
7 insurance coverage.
8 (h) Eligibility for the Family Support Program.
9 Eligibility criteria established under 89 Ill. Adm. Code 139
10 for the Family Support Program shall include the following:
11 (1) Individuals applying to the program must be under
12 the age of 26.
13 (2) Requirements for parental or legal guardian
14 involvement are applicable to youth and to emerging adults
15 or transition-age adults who have a guardian appointed
16 under Article XIa of the Probate Act.
17 (3) Youth, emerging adults, and transition-age adults
18 are eligible for services under the Family Support Program
19 upon their third inpatient admission to a hospital or
20 similar treatment facility for the primary purpose of
21 psychiatric treatment within the most recent 12 months and
22 are hospitalized for the purpose of psychiatric treatment.
23 (4) School participation for emerging adults applying
24 for services under the Family Support Program may be
25 waived by request of the individual at the sole discretion
26 of the Department of Healthcare and Family Services.
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1 (5) School participation is not applicable to
2 transition-age adults.
3 (i) Notification of Family Support Program and Specialized
4 Family Support Program services.
5 (1) Within 12 months after the effective date of this
6 amendatory Act of the 101st General Assembly, the
7 Department of Healthcare and Family Services, with
8 meaningful stakeholder input through a working group of
9 psychiatric hospitals, Family Support Program providers,
10 family support organizations, the Community and
11 Residential Services Authority, a statewide association
12 representing a majority of hospitals, a statewide
13 association representing physicians, and foster care
14 alumni advocates, shall establish a clear process by which
15 a youth's or emerging adult's parents, guardian, or
16 caregiver, or the emerging adult or transition-age adult,
17 is identified, notified, and educated about the Family
18 Support Program and the Specialized Family Support Program
19 upon a first psychiatric inpatient hospital admission, and
20 any following psychiatric inpatient admissions.
21 Notification and education may take place through a Family
22 Support Program coordinator, a mobile crisis response
23 provider, a Comprehensive Community Based Youth Services
24 provider, the Community and Residential Services
25 Authority, or any other designated provider or coordinator
26 identified by the Department of Healthcare and Family
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1 Services. In developing this process, the Department of
2 Healthcare and Family Services and the working group shall
3 take into account the unique needs of emerging adults and
4 transition-age adults without parental involvement who are
5 eligible for services under the Family Support Program.
6 The Department of Healthcare and Family Services and the
7 working group shall ensure the appropriate provider or
8 coordinator is required to assist individuals and their
9 parents, guardians, or caregivers, as applicable, in the
10 completion of the application or referral process for the
11 Family Support Program or the Specialized Family Support
12 Program.
13 (2) (Blank) Upon a youth's, emerging adult's or
14 transition-age adult's second psychiatric inpatient
15 hospital admission, prior to hospital discharge, the
16 hospital must, if it is aware of the patient's prior
17 psychiatric inpatient hospital admission, ensure that the
18 youth's parents, guardian, or caregiver, or the emerging
19 adult or transition-age adult, has been notified of the
20 Family Support Program and the Specialized Family Support
21 Program.
22 (3) Psychiatric lockout as last resort.
23 (A) Prior to referring any youth to the Department
24 of Children and Family Services for the filing of a
25 petition in accordance with subparagraph (c) of
26 paragraph (1) of Section 2-4 of the Juvenile Court Act
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1 of 1987 alleging that the youth is dependent because
2 the youth was left in a psychiatric hospital beyond
3 medical necessity, the hospital shall attempt to
4 contact the youth and the youth's parents, guardian,
5 or caregiver about the BEACON portal and Family
6 Support Program and the Specialized Family Support
7 Program and shall assist with connections to the
8 designated Family Support Program coordinator in the
9 service area by providing educational materials
10 developed by the Department of Healthcare and Family
11 Services. Once this process has begun, any such youth
12 shall be considered a youth for whom an application
13 for the Family Support Program is pending with the
14 Department of Healthcare and Family Services or an
15 active application for the Family Support Program was
16 being reviewed by the Department for the purposes of
17 subsection (a) of Section 2-4b of the Juvenile Court
18 Act of 1987, or for the purposes of subsection (a) of
19 Section 5-711 of the Juvenile Court Act of 1987.
20 (B) No state agency or hospital shall coach a
21 parent or guardian of a youth in a psychiatric
22 hospital inpatient unit to lock out or otherwise
23 relinquish custody of a youth to the Department of
24 Children and Family Services for the sole purpose of
25 obtaining necessary mental health treatment for the
26 youth. In the absence of abuse or neglect, a
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1 psychiatric lockout or custody relinquishment to the
2 Department of Children and Family Services shall only
3 be considered as the option of last resort. Nothing in
4 this Section shall prohibit discussion of medical
5 treatment options or a referral to legal counsel.
6 (4) Development of new Family Support Program
7 services.
8 (A) Development of specialized therapeutic
9 residential treatment for youth and emerging adults
10 with high-acuity mental health conditions. Through a
11 working group led by the Department of Healthcare and
12 Family Services that includes the Department of
13 Children and Family Services and residential treatment
14 providers for youth and emerging adults, the
15 Department of Healthcare and Family Services, within
16 12 months after the effective date of this amendatory
17 Act of the 101st General Assembly, shall develop a
18 plan for the development of specialized therapeutic
19 residential treatment beds similar to a qualified
20 residential treatment program, as defined in the
21 federal Family First Prevention Services Act, for
22 youth in the Family Support Program with high-acuity
23 mental health needs. The Department of Healthcare and
24 Family Services and the Department of Children and
25 Family Services shall work together to maximize
26 federal funding through Medicaid and Title IV-E of the
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1 Social Security Act in the development and
2 implementation of this plan.
3 (B) Using the Department of Children and Family
4 Services' beyond medical necessity data over the last
5 5 years and any other relevant, available data, the
6 Department of Healthcare and Family Services shall
7 assess the estimated number of these specialized
8 high-acuity residential treatment beds that are needed
9 in each region of the State based on the number of
10 youth remaining in psychiatric hospitals beyond
11 medical necessity and the number of youth placed
12 out-of-state who need this level of care. The
13 Department of Healthcare and Family Services shall
14 report the results of this assessment to the General
15 Assembly by no later than December 31, 2020.
16 (C) Development of an age-appropriate therapeutic
17 residential treatment model for emerging adults and
18 transition-age adults. Within 30 months after the
19 effective date of this amendatory Act of the 101st
20 General Assembly, the Department of Healthcare and
21 Family Services, in partnership with the Department of
22 Human Services' Division of Mental Health and with
23 significant and meaningful stakeholder input through a
24 working group of providers and other stakeholders,
25 shall develop a supportive housing model for emerging
26 adults and transition-age adults receiving services
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1 through the Family Support Program who need
2 residential treatment and support to enable recovery.
3 Such a model shall be age-appropriate and shall allow
4 the residential component of the model to be in a
5 community-based setting combined with intensive
6 community-based mental health services.
7 (j) Workgroup to develop a plan for improving access to
8 substance use treatment. The Department of Healthcare and
9 Family Services and the Department of Human Services' Division
10 of Substance Use Prevention and Recovery shall co-lead a
11 working group that includes Family Support Program providers,
12 family support organizations, and other stakeholders over a
13 12-month period beginning in the first quarter of calendar
14 year 2020 to develop a plan for increasing access to substance
15 use treatment services for youth, emerging adults, and
16 transition-age adults who are eligible for Family Support
17 Program services.
18 (k) Appropriation. Implementation of this Section shall be
19 limited by the State's annual appropriation to the Family
20 Support Program. Spending within the Family Support Program
21 appropriation shall be further limited for the new Family
22 Support Program services to be developed accordingly:
23 (1) Targeted use of specialized therapeutic
24 residential treatment for youth and emerging adults with
25 high-acuity mental health conditions through appropriation
26 limitation. No more than 12% of all annual Family Support
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1 Program funds shall be spent on this level of care in any
2 given state fiscal year.
3 (2) Targeted use of residential treatment model
4 established for emerging adults and transition-age adults
5 through appropriation limitation. No more than one-quarter
6 of all annual Family Support Program funds shall be spent
7 on this level of care in any given state fiscal year.
8 (l) Exhausting third party insurance coverage first.
9 (A) A parent, legal guardian, emerging adult, or
10 transition-age adult with private insurance coverage shall
11 work with the Department of Healthcare and Family
12 Services, or its designee, to identify insurance coverage
13 for any and all benefits covered by their plan. If
14 insurance cost-sharing by any method for treatment is
15 cost-prohibitive for the parent, legal guardian, emerging
16 adult, or transition-age adult, Family Support Program
17 funds may be applied as a payer of last resort toward
18 insurance cost-sharing for purposes of using private
19 insurance coverage to the fullest extent for the
20 recommended treatment. If the Department, or its agent,
21 has a concern relating to the parent's, legal guardian's,
22 emerging adult's, or transition-age adult's insurer's
23 compliance with Illinois or federal insurance requirements
24 relating to the coverage of mental health or substance use
25 disorders, it shall refer all relevant information to the
26 applicable regulatory authority.
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1 (B) The Department of Healthcare and Family Services
2 shall use Medicaid funds first for an individual who has
3 Medicaid coverage if the treatment or service recommended
4 using an integrated behavioral health assessment and
5 treatment plan (using the instrument approved by the
6 Department of Healthcare and Family Services) is covered
7 by Medicaid.
8 (C) If private or public insurance coverage does not
9 cover the needed treatment or service, Family Support
10 Program funds shall be used to cover the services offered
11 through the Family Support Program.
12 (m) Service authorization. A youth, emerging adult, or
13 transition-age adult enrolled in the Family Support Program or
14 the Specialized Family Support Program shall be eligible to
15 receive a mental health treatment service covered by the
16 applicable program if the medical necessity criteria
17 established by the Department of Healthcare and Family
18 Services are met.
19 (n) Streamlined application. The Department of Healthcare
20 and Family Services shall revise the Family Support Program
21 applications and the application process to reflect the
22 changes made to this Section by this amendatory Act of the
23 101st General Assembly within 8 months after the adoption of
24 any amendments to 89 Ill. Adm. Code 139.
25 (o) Study of reimbursement policies during planned and
26 unplanned absences of youth and emerging adults in Family
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1 Support Program residential treatment settings. The Department
2 of Healthcare and Family Services shall undertake a study of
3 those standards of the Department of Children and Family
4 Services and other states for reimbursement of residential
5 treatment during planned and unplanned absences to determine
6 if reimbursing residential providers for such unplanned
7 absences positively impacts the availability of residential
8 treatment for youth and emerging adults. The Department of
9 Healthcare and Family Services shall begin the study on July
10 1, 2019 and shall report its findings and the results of the
11 study to the General Assembly, along with any recommendations
12 for or against adopting a similar policy, by December 31,
13 2020.
14 (p) Public awareness and educational campaign for all
15 relevant providers. The Department of Healthcare and Family
16 Services shall engage in a public awareness campaign to
17 educate hospitals with psychiatric units, crisis response
18 providers such as Screening, Assessment and Support Services
19 providers and Comprehensive Community Based Youth Services
20 agencies, schools, and other community institutions and
21 providers across Illinois on the changes made by this
22 amendatory Act of the 101st General Assembly to the Family
23 Support Program. The Department of Healthcare and Family
24 Services shall produce written materials geared for the
25 appropriate target audience, develop webinars, and conduct
26 outreach visits over a 12-month period beginning after
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1 implementation of the changes made to this Section by this
2 amendatory Act of the 101st General Assembly.
3 (q) Maximizing federal matching funds for the Family
4 Support Program and the Specialized Family Support Program.
5 The Department of Healthcare and Family Services, as the sole
6 Medicaid State agency, shall seek approval from the federal
7 Centers for Medicare and Medicaid Services within 12 months
8 after the effective date of this amendatory Act of the 101st
9 General Assembly to draw additional federal Medicaid matching
10 funds for individuals served under the Family Support Program
11 or the Specialized Family Support Program who are not covered
12 by the Department's medical assistance programs. The
13 Department of Children and Family Services, as the State
14 agency responsible for administering federal funds pursuant to
15 Title IV-E of the Social Security Act, shall submit a State
16 Plan to the federal government within 12 months after the
17 effective date of this amendatory Act of the 101st General
18 Assembly to maximize the use of federal Title IV-E prevention
19 funds through the federal Family First Prevention Services
20 Act, to provide mental health and substance use disorder
21 treatment services and supports, including, but not limited
22 to, the provision of short-term crisis and transition beds
23 post-hospitalization for youth who are at imminent risk of
24 entering Illinois' youth welfare system solely due to the
25 inability to access mental health or substance use treatment
26 services.
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1 (r) Outcomes and data reported annually to the General
2 Assembly. Beginning in 2021, the Department of Healthcare and
3 Family Services shall submit an annual report to the General
4 Assembly that includes the following information with respect
5 to the time period covered by the report:
6 (1) The number and ages of youth, emerging adults, and
7 transition-age adults who requested services under the
8 Family Support Program and the Specialized Family Support
9 Program and the services received.
10 (2) The number and ages of youth, emerging adults, and
11 transition-age adults who requested services under the
12 Specialized Family Support Program who were eligible for
13 services based on the number of hospitalizations.
14 (3) The number and ages of youth, emerging adults, and
15 transition-age adults who applied for Family Support
16 Program or Specialized Family Support Program services but
17 did not receive any services.
18 (s) Rulemaking authority. Unless a timeline is otherwise
19 specified in a subsection, if amendments to 89 Ill. Adm. Code
20 139 are needed for implementation of this Section, such
21 amendments shall be filed by the Department of Healthcare and
22 Family Services within one year after the effective date of
23 this amendatory Act of the 101st General Assembly.
24 (Source: P.A. 101-461, eff. 1-1-20; 101-616, eff. 12-20-19.)
25 Section 15. The Interagency Children's Behavioral Health
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1 Services Act is amended by adding Section 35 as follows:
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