Bill Amendment: IL HB0122 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: GOVERNMENT-TECH

Status: 2021-01-13 - Senate Floor Amendment No. 1 Motion to Concur Rules Referred to Judiciary - Criminal Committee [HB0122 Detail]

Download: Illinois-2019-HB0122-House_Amendment_002.html

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Rep. Yehiel M. Kalish

Filed: 4/2/2019

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AMENDMENT TO HOUSE BILL 122
AMENDMENT NO. ______. Amend House Bill 122 by replacing
everything after the enacting clause with the following:
"Section 5. The Substance Use Disorder Act is amended by
adding Article 7 as follows:
(20 ILCS 301/Art. 7 heading new)
ARTICLE 7. BEHAVIORAL HEALTH ACCESS TO CARE OMBUDSMAN
(20 ILCS 301/7-5 new)
Sec. 7-5. Definitions. As used in this Article:
(a) "Health care provider" or "provider" means:
(1) a physician licensed under the Medical Practice Act
of 1987 to practice medicine in all of its branches; a
clinical psychologist licensed under the Clinical
Psychologist Licensing Act;
(2) a mental health professional who is licensed or

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registered to provide mental health services by the
Department of Financial and Professional Regulation;
(3) any other health care provider regulated by the
State when engaged in assisting consumers with behavioral
health care access and coverage issues; or
(4) a health care facility licensed or regulated by the
State, when the facility is engaged in assisting consumers
with behavioral health care access and coverage issues,
excluding any facility that is listed under subsection (b)
of Section 4.04 of the Illinois Act on the Aging.
(b) "Office" means the Office of the Ombudsman for
Behavioral Health Access to Care created in Section 7-10.
(c) "Ombudsman" means the individual designated under
Section 7-10 as the Ombudsman for Behavioral Health Access to
Care.
(20 ILCS 301/7-10 new)
Sec. 7-10. Office of the Ombudsman for Behavioral Health
Access to Care; appointment; duties.
(a) There is created in the Department of Human Services
the Office of the Ombudsman for Behavioral Health Access to
Care for the purpose of assisting residents of Illinois in
accessing behavioral health care.
(b) The Office and the Department shall operate in
accordance with a memorandum of understanding between the 2
entities. The memorandum of understanding shall contain, at a

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minimum:
(1) a requirement that the Office has its own personnel
rules;
(2) a requirement that the Ombudsman has independent
hiring and termination authority over Office employees;
(3) a requirement that the Office must follow State
fiscal rules;
(4) a requirement that the Department of Human
Services' Division of Mental Health shall offer the Office
limited support with respect to:
(A) personnel matters;
(B) recruitment;
(C) payroll;
(D) benefits;
(E) budget submission, as needed;
(F) accounting;
(G) office space, facilities, and technical
support; and
(H) other provisions regarding administrative
support that will help maintain the independence of the
Office.
(c) The Office shall operate with full independence and has
complete autonomy, control, and authority over operations,
budget, and personnel decisions related to the Office and the
Ombudsman.
(d) By November 1, 2019, the Governor shall designate an

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Ombudsman for Behavioral Health Access to Care, who shall serve
as Director of the Office. The Ombudsman shall serve as a
neutral party to help consumers, including consumers who are
uninsured or have public or private health benefit coverage,
including coverage that is not subject to State regulation, and
health care providers, acting on their own behalf, on behalf of
a consumer with the consumer's written permission, or on behalf
of a group of health care providers, navigate and resolve
issues related to consumer access to behavioral health care,
including care for mental health conditions and substance use
disorders.
(e) The Ombudsman shall:
(1) interact with consumers and health care providers
with concerns or complaints to help the consumers and
providers resolve behavioral health care access and
coverage issues;
(2) identify, track, and report to the appropriate
regulatory or oversight agency concerns, complaints, and
potential violations of State or federal rules,
regulations, or statutes concerning the availability of,
and terms and conditions of, benefits for mental health
conditions or substance use disorders, including potential
violations related to quantitative and non-quantitative
treatment limitations;
(3) receive and assist consumers and providers in
reporting concerns and filing complaints with appropriate

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regulatory or oversight agencies relating to inappropriate
care or involuntary admissions or judicial admissions
under the Mental Health and Developmental Disabilities
Code;
(4) provide appropriate information to help consumers
obtain behavioral health care;
(5) develop appropriate points of contact for
referrals to other State and federal agencies; and
(6) provide appropriate information to help consumers
or health care providers file appeals or complaints with
the appropriate entities, including insurers and other
State and federal agencies.
(f) The Ombudsman, employees of the Office, and any persons
acting on behalf of the Office shall comply with all State and
federal confidentiality laws that govern the Department of
Human Services with respect to the treatment of confidential
information or records and the disclosure of such information
and records.
(g) In the performance of his or her duties, the Ombudsman
shall act independently of the Department of Human Services'
Division of Mental Health. Any recommendations made or
positions taken by the Ombudsman do not reflect those of the
Department of Human Services or the Division of Mental Health.
(20 ILCS 301/7-15 new)
Sec. 7-15. Liaisons. The Director of Insurance and the

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Secretary of Human Services shall each appoint a liaison to the
Ombudsman to receive reports of concerns, complaints, and
potential violations described in paragraph (2) of subsection
(e) of Section 7-10 from the Ombudsman, consumers, or health
care providers.
(20 ILCS 301/7-20 new)
Sec. 7-20. Qualified immunity. The Ombudsman and employees
or persons acting on behalf of the Office are immune from suit
and liability, either personally or in their official
capacities, for any claim for damage to or loss of property, or
for personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission
that occurred within the scope of employment, duties, or
responsibilities pertaining to the Office, including issuing
reports or recommendations; except that nothing in this Section
protects those persons from suit or liability for damage, loss,
injury, or liability caused by the intentional or willful and
wanton misconduct of the person.
(20 ILCS 301/7-25 new)
Sec. 7-25. Annual report.
(a) On or before September 1, 2021, and on or before
September 1 of each year thereafter, the Ombudsman shall
prepare and submit, in accordance with subsection (b), a
written report that includes information from the preceding

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fiscal year concerning actions taken by the Ombudsman relating
to the duties of the Office set forth in Section 7-10.
(b) The Ombudsman shall submit the report required by this
Section to the Governor, the Secretary of Human Services, the
Director of Insurance, the Senate Human Services Committee or
any successor committee, and the House Committees on Human
Services, Insurance, Energy & Environment, and Mental Health or
any successor committees.
(c) The Ombudsman shall post the annual report on the
Department of Human Services' website.
(d) The Ombudsman shall not include in the report required
by this Section any personally identifying information about an
individual consumer or health care provider or identifying
information about a health care facility licensed by the State
or an emergency medical services system as defined in Section
3.20 of the Emergency Medical Services (EMS) Systems Act.
Section 10. The Illinois Insurance Code is amended by
adding Section 370c.2 as follows:
(215 ILCS 5/370c.2 new)
Sec. 370c.2. Parity reporting.
(a) By March 1, 2020, and every other March 1 thereafter,
the Director shall submit a written report and provide a
presentation of the report to the General Assembly that:
(1) specifies the methodology the Director uses to

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verify that insurance carriers are complying with Section
370c and rules adopted under that Section and with the
federal Paul Wellstone and Pete Domenici Mental Health
Parity and Addiction Equity Act of 2008, Public Law
110-343, as amended, any regulations adopted in accordance
with that Act, or guidance related to compliance with and
oversight of that Act;
(2) identifies market conduct examinations initiated,
conducted, or completed during the preceding 12 months
regarding compliance with Section 370c and rules adopted
under that Section and with the Paul Wellstone and Pete
Domenici Mental Health Parity and Addiction Equity Act of
2008 and regulations adopted under that Act and summarizes
the outcomes of those market conduct examinations; and
(3) details any educational or corrective actions the
Director has taken to ensure insurance carrier compliance
with Section 370c and rules adopted under that Section and
with the Paul Wellstone and Pete Domenici Mental Health
Parity and Addiction Equity Act of 2008 and regulations
adopted under that Act.
(b) The Director shall ensure that the report is written in
plain language and is made available to the public by, at a
minimum, posting the report on the Department's website.
Section 99. Effective date. This Act takes effect upon
becoming law.".