Bill Text: IL HB4853 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Substance Use Disorder Act. In a provision concerning the functions of the Department of Human Services under the Act, requires the Department to act as the single State authority and subject matter expert for substance use disorder prevention, intervention, treatment, and recovery support services. Provides that in this role, the Department shall lead efforts and provide consultation regarding policy, funding, rules, and legislative changes that could impact existing and future substance use disorder initiatives. In a provision concerning the powers and duties of the Illinois Advisory Council established under the Act, provides that the Council shall: (i) identify substance use disorder policy, funding, service gaps, new and existing initiatives, and other related activities among State agencies that could reduce duplicative efforts and promote uniformity and consistency in service delivery; and (ii) recommend revisions and enhancements that may facilitate those objectives.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-18 - Referred to Rules Committee [HB4853 Detail]

Download: Illinois-2019-HB4853-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4853 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
20 ILCS 301/5-10
20 ILCS 301/10-10
Amends the Substance Use Disorder Act. In a provision concerning the functions of the Department of Human Services under the Act, requires the Department to act as the single State authority and subject matter expert for substance use disorder prevention, intervention, treatment, and recovery support services. Provides that in this role, the Department shall lead efforts and provide consultation regarding policy, funding, rules, and legislative changes that could impact existing and future substance use disorder initiatives. In a provision concerning the powers and duties of the Illinois Advisory Council established under the Act, provides that the Council shall: (i) identify substance use disorder policy, funding, service gaps, new and existing initiatives, and other related activities among State agencies that could reduce duplicative efforts and promote uniformity and consistency in service delivery; and (ii) recommend revisions and enhancements that may facilitate those objectives.
LRB101 17218 KTG 66621 b
A BILL FOR
HB4853 LRB101 17218 KTG 66621 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Substance Use Disorder Act is amended by
changing Sections 5-10 and 10-10 as follows:
(20 ILCS 301/5-10)
Sec. 5-10. Functions of the Department.
(a) In addition to the powers, duties and functions vested
in the Department by this Act, or by other laws of this State,
the Department shall carry out the following activities:
(1) Act as the single State authority and subject
matter expert for substance use disorder prevention,
intervention, treatment, and recovery support services. In
this role, the Department shall lead efforts and provide
consultation regarding policy, funding, rules, and
legislative changes that could impact existing and future
substance use disorder initiatives.
(1.5) (1) Design, coordinate and fund comprehensive
community-based and culturally and gender-appropriate
services throughout the State. These services must include
prevention, early intervention, treatment, and other
recovery support services for substance use disorders that
are accessible and addresses the needs of at-risk

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individuals and their families.
(2) Act as the exclusive State agency to accept,
receive and expend, pursuant to appropriation, any public
or private monies, grants or services, including those
received from the federal government or from other State
agencies, for the purpose of providing prevention, early
intervention, treatment, and other recovery support
services for substance use disorders.
(2.5) In partnership with the Department of Healthcare
and Family Services, act as one of the principal State
agencies for the sole purpose of calculating the
maintenance of effort requirement under Section 1930 of
Title XIX, Part B, Subpart II of the Public Health Service
Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
96.134).
(3) Coordinate a statewide strategy for the
prevention, early intervention, treatment, and recovery
support of substance use disorders. This strategy shall
include the development of a comprehensive plan, submitted
annually with the application for federal substance use
disorder block grant funding, for the provision of an array
of such services. The plan shall be based on local
community-based needs and upon data including, but not
limited to, that which defines the prevalence of and costs
associated with substance use disorders. This
comprehensive plan shall include identification of

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problems, needs, priorities, services and other pertinent
information, including the needs of minorities and other
specific priority populations in the State, and shall
describe how the identified problems and needs will be
addressed. For purposes of this paragraph, the term
"minorities and other specific priority populations" may
include, but shall not be limited to, groups such as women,
children, intravenous drug users, persons with AIDS or who
are HIV infected, veterans, African-Americans, Puerto
Ricans, Hispanics, Asian Americans, the elderly, persons
in the criminal justice system, persons who are clients of
services provided by other State agencies, persons with
disabilities and such other specific populations as the
Department may from time to time identify. In developing
the plan, the Department shall seek input from providers,
parent groups, associations and interested citizens.
The plan developed under this Section shall include an
explanation of the rationale to be used in ensuring that
funding shall be based upon local community needs,
including, but not limited to, the incidence and prevalence
of, and costs associated with, substance use disorders, as
well as upon demonstrated program performance.
The plan developed under this Section shall also
contain a report detailing the activities of and progress
made through services for the care and treatment of
substance use disorders among pregnant women and mothers

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and their children established under subsection (j) of
Section 35-5.
As applicable, the plan developed under this Section
shall also include information about funding by other State
agencies for prevention, early intervention, treatment,
and other recovery support services.
(4) Lead, foster and develop cooperation, coordination
and agreements among federal and State governmental
agencies and local providers that provide assistance,
services, funding or other functions, peripheral or
direct, in the prevention, early intervention, treatment,
and recovery support for substance use disorders. This
shall include, but shall not be limited to, the following:
(A) Cooperate with and assist other State
agencies, as applicable, in establishing and
conducting substance use disorder services among the
populations they respectively serve.
(B) Cooperate with and assist the Illinois
Department of Public Health in the establishment,
funding and support of programs and services for the
promotion of maternal and child health and the
prevention and treatment of infectious diseases,
including but not limited to HIV infection, especially
with respect to those persons who are high risk due to
intravenous injection of illegal drugs, or who may have
been sexual partners of these individuals, or who may

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have impaired immune systems as a result of a substance
use disorder.
(C) Supply to the Department of Public Health and
prenatal care providers a list of all providers who are
licensed to provide substance use disorder treatment
for pregnant women in this State.
(D) Assist in the placement of child abuse or
neglect perpetrators (identified by the Illinois
Department of Children and Family Services (DCFS)) who
have been determined to be in need of substance use
disorder treatment pursuant to Section 8.2 of the
Abused and Neglected Child Reporting Act.
(E) Cooperate with and assist DCFS in carrying out
its mandates to:
(i) identify substance use disorders among its
clients and their families; and
(ii) develop services to deal with such
disorders.
These services may include, but shall not be limited
to, programs to prevent or treat substance use
disorders with DCFS clients and their families,
identifying child care needs within such treatment,
and assistance with other issues as required.
(F) Cooperate with and assist the Illinois
Criminal Justice Information Authority with respect to
statistical and other information concerning the

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incidence and prevalence of substance use disorders.
(G) Cooperate with and assist the State
Superintendent of Education, boards of education,
schools, police departments, the Illinois Department
of State Police, courts and other public and private
agencies and individuals in establishing prevention
programs statewide and preparing curriculum materials
for use at all levels of education.
(H) Cooperate with and assist the Illinois
Department of Healthcare and Family Services in the
development and provision of services offered to
recipients of public assistance for the treatment and
prevention of substance use disorders.
(I) (Blank).
(5) From monies appropriated to the Department from the
Drunk and Drugged Driving Prevention Fund, reimburse DUI
evaluation and risk education programs licensed by the
Department for providing indigent persons with free or
reduced-cost evaluation and risk education services
relating to a charge of driving under the influence of
alcohol or other drugs.
(6) Promulgate regulations to identify and disseminate
best practice guidelines that can be utilized by publicly
and privately funded programs as well as for levels of
payment to government funded programs that provide
prevention, early intervention, treatment, and other

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recovery support services for substance use disorders and
those services referenced in Sections 15-10 and 40-5.
(7) In consultation with providers and related trade
associations, specify a uniform methodology for use by
funded providers and the Department for billing and
collection and dissemination of statistical information
regarding services related to substance use disorders.
(8) Receive data and assistance from federal, State and
local governmental agencies, and obtain copies of
identification and arrest data from all federal, State and
local law enforcement agencies for use in carrying out the
purposes and functions of the Department.
(9) Designate and license providers to conduct
screening, assessment, referral and tracking of clients
identified by the criminal justice system as having
indications of substance use disorders and being eligible
to make an election for treatment under Section 40-5 of
this Act, and assist in the placement of individuals who
are under court order to participate in treatment.
(10) Identify and disseminate evidence-based best
practice guidelines as maintained in administrative rule
that can be utilized to determine a substance use disorder
diagnosis.
(11) (Blank).
(12) Make grants with funds appropriated from the Drug
Treatment Fund in accordance with Section 7 of the

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Controlled Substance and Cannabis Nuisance Act, or in
accordance with Section 80 of the Methamphetamine Control
and Community Protection Act, or in accordance with
subsections (h) and (i) of Section 411.2 of the Illinois
Controlled Substances Act, or in accordance with Section
6z-107 of the State Finance Act.
(13) Encourage all health and disability insurance
programs to include substance use disorder treatment as a
covered service and to use evidence-based best practice
criteria as maintained in administrative rule and as
required in Public Act 99-0480 in determining the necessity
for such services and continued stay.
(14) Award grants and enter into fixed-rate and
fee-for-service arrangements with any other department,
authority or commission of this State, or any other state
or the federal government or with any public or private
agency, including the disbursement of funds and furnishing
of staff, to effectuate the purposes of this Act.
(15) Conduct a public information campaign to inform
the State's Hispanic residents regarding the prevention
and treatment of substance use disorders.
(b) In addition to the powers, duties and functions vested
in it by this Act, or by other laws of this State, the
Department may undertake, but shall not be limited to, the
following activities:
(1) Require all organizations licensed or funded by the

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Department to include an education component to inform
participants regarding the causes and means of
transmission and methods of reducing the risk of acquiring
or transmitting HIV infection and other infectious
diseases, and to include funding for such education
component in its support of the program.
(2) Review all State agency applications for federal
funds that include provisions relating to the prevention,
early intervention and treatment of substance use
disorders in order to ensure consistency.
(3) Prepare, publish, evaluate, disseminate and serve
as a central repository for educational materials dealing
with the nature and effects of substance use disorders.
Such materials may deal with the educational needs of the
citizens of Illinois, and may include at least pamphlets
that describe the causes and effects of fetal alcohol
spectrum disorders.
(4) Develop and coordinate, with regional and local
agencies, education and training programs for persons
engaged in providing services for persons with substance
use disorders, which programs may include specific HIV
education and training for program personnel.
(5) Cooperate with and assist in the development of
education, prevention, early intervention, and treatment
programs for employees of State and local governments and
businesses in the State.

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(6) Utilize the support and assistance of interested
persons in the community, including recovering persons, to
assist individuals and communities in understanding the
dynamics of substance use disorders, and to encourage
individuals with substance use disorders to voluntarily
undergo treatment.
(7) Promote, conduct, assist or sponsor basic
clinical, epidemiological and statistical research into
substance use disorders and research into the prevention of
those problems either solely or in conjunction with any
public or private agency.
(8) Cooperate with public and private agencies,
organizations and individuals in the development of
programs, and to provide technical assistance and
consultation services for this purpose.
(9) (Blank).
(10) (Blank).
(11) Fund, promote, or assist entities dealing with
substance use disorders.
(12) With monies appropriated from the Group Home Loan
Revolving Fund, make loans, directly or through
subcontract, to assist in underwriting the costs of housing
in which individuals recovering from substance use
disorders may reside, pursuant to Section 50-40 of this
Act.
(13) Promulgate such regulations as may be necessary to

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carry out the purposes and enforce the provisions of this
Act.
(14) Provide funding to help parents be effective in
preventing substance use disorders by building an
awareness of the family's role in preventing substance use
disorders through adjusting expectations, developing new
skills, and setting positive family goals. The programs
shall include, but not be limited to, the following
subjects: healthy family communication; establishing rules
and limits; how to reduce family conflict; how to build
self-esteem, competency, and responsibility in children;
how to improve motivation and achievement; effective
discipline; problem solving techniques; and how to talk
about drugs and alcohol. The programs shall be open to all
parents.
(Source: P.A. 100-494, eff. 6-1-18; 100-759, eff. 1-1-19;
101-10, eff. 6-5-19.)
(20 ILCS 301/10-10)
Sec. 10-10. Powers and duties of the Council. The Council
shall:
(a) Advise the Department on ways to encourage public
understanding and support of the Department's programs.
(b) Advise the Department on regulations and licensure
proposed by the Department.
(c) Advise the Department in the formulation,

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preparation, and implementation of the annual plan
submitted with the federal Substance Use Disorder Block
Grant application for prevention, early intervention,
treatment, and other recovery support services for
substance use disorders.
(d) Advise the Department on implementation of
substance use disorder education and prevention programs
throughout the State.
(e) Assist with incorporating into the annual plan
submitted with the federal Substance Use Disorder Block
Grant application, planning information specific to
Illinois' female population. The information shall
contain, but need not be limited to, the types of services
funded, the population served, the support services
available, and the goals, objectives, proposed methods of
achievement, service projections and cost estimate for the
upcoming year.
(f) Perform other duties as requested by the Secretary.
(g) Advise the Department in the planning,
development, and coordination of programs among all
agencies and departments of State government, including
programs to reduce substance use disorders, prevent the
misuse of illegal and legal drugs by persons of all ages,
and prevent the use of alcohol by minors.
(h) Promote and encourage participation by the private
sector, including business, industry, labor, and the

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media, in programs to prevent substance use disorders.
(i) Encourage the implementation of programs to
prevent substance use disorders in the public and private
schools and educational institutions.
(j) Gather information, conduct hearings, and make
recommendations to the Secretary concerning additions,
deletions, or rescheduling of substances under the
Illinois Controlled Substances Act.
(k) Report as requested to the General Assembly
regarding the activities and recommendations made by the
Council.
(l) Identify substance use disorder policy, funding,
service gaps, new and existing initiatives, and other
related activities among State agencies that could reduce
duplicative efforts and promote uniformity and consistency
in service delivery. Recommend revisions and enhancements
that may facilitate those objectives.
(Source: P.A. 100-759, eff. 1-1-19.)