Bill Text: IL SB2312 | 2021-2022 | 102nd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends a provision of the Consumer Fraud and Deceptive Business Practices Act concerning the deceptive marketing, advertising, and sale of mental health disorder and substance use disorder treatment. Provides that it is an unlawful practice for any person to solicit, offer, or enter into an arrangement under which a patient seeking mental health disorder or substance use disorder treatment is referred to a mental health disorder or substance use disorder treatment program or facility in exchange for a fee or any other remuneration. Provides that it is not an unlawful practice for programs and facilities to enter into personal services agreements or management services agreements with third parties that do not take into account the volume or value of referrals. Provides that it is not an unlawful practice for programs or facilities to provide discounts for treatment services to clients as long as the discount is based on financial necessity in accordance with the program's or facility's charity care plan, regardless of referral source or reason. Provides that compensation paid by programs or facilities to their employees and independent contractors related to identifying, locating, and securing referrals to that program or facility is not an unlawful practice if the amount of compensation provided to the employee or independent contractor does not vary based upon the volume or value of such referrals. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 13-8)
Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0550 [SB2312 Detail]
Download: Illinois-2021-SB2312-Introduced.html
Bill Title: Amends a provision of the Consumer Fraud and Deceptive Business Practices Act concerning the deceptive marketing, advertising, and sale of mental health disorder and substance use disorder treatment. Provides that it is an unlawful practice for any person to solicit, offer, or enter into an arrangement under which a patient seeking mental health disorder or substance use disorder treatment is referred to a mental health disorder or substance use disorder treatment program or facility in exchange for a fee or any other remuneration. Provides that it is not an unlawful practice for programs and facilities to enter into personal services agreements or management services agreements with third parties that do not take into account the volume or value of referrals. Provides that it is not an unlawful practice for programs or facilities to provide discounts for treatment services to clients as long as the discount is based on financial necessity in accordance with the program's or facility's charity care plan, regardless of referral source or reason. Provides that compensation paid by programs or facilities to their employees and independent contractors related to identifying, locating, and securing referrals to that program or facility is not an unlawful practice if the amount of compensation provided to the employee or independent contractor does not vary based upon the volume or value of such referrals. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 13-8)
Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0550 [SB2312 Detail]
Download: Illinois-2021-SB2312-Introduced.html
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning business.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Consumer Fraud and Deceptive Business | |||||||||||||||||||
5 | Practices Act is amended by changing Section 2VVV as follows:
| |||||||||||||||||||
6 | (815 ILCS 505/2VVV) | |||||||||||||||||||
7 | Sec. 2VVV. Deceptive marketing, advertising, and sale of | |||||||||||||||||||
8 | mental health disorder and substance use disorder treatment. | |||||||||||||||||||
9 | (a) As used in this Section: | |||||||||||||||||||
10 | "Facility" has the meaning ascribed to that term in | |||||||||||||||||||
11 | Section 1-10 of the Substance Use Disorder Act when used in | |||||||||||||||||||
12 | reference to a facility that provides substance use disorder | |||||||||||||||||||
13 | treatment. "Facility" has the same meaning as "mental health | |||||||||||||||||||
14 | facility" under Section 1-114 of the Mental Health and | |||||||||||||||||||
15 | Developmental Disabilities Code when used in reference to a | |||||||||||||||||||
16 | facility that provides mental health disorder treatment. | |||||||||||||||||||
17 | "Hospital affiliate" has the meaning ascribed to that term | |||||||||||||||||||
18 | in Section 10.8 of the Hospital Licensing Act. | |||||||||||||||||||
19 | "Mental health disorder" has the same meaning as "mental | |||||||||||||||||||
20 | illness" under Section 1-129 of the Mental Health and | |||||||||||||||||||
21 | Developmental Disabilities Code. | |||||||||||||||||||
22 | "Program" means a licensable or fundable activity or
| |||||||||||||||||||
23 | service, or a coordinated range of such activities or |
| |||||||
| |||||||
1 | services, established or licensed by the Department of Human | ||||||
2 | Services. | ||||||
3 | "Substance use disorder" has the same meaning as | ||||||
4 | "substance abuse" under Section 1-10 of the Substance Use | ||||||
5 | Disorder Act. | ||||||
6 | "Treatment" has the meaning ascribed to that term in | ||||||
7 | Section 1-10 of the Substance Use Disorder Act when used in | ||||||
8 | reference to treatment for a substance use disorder. | ||||||
9 | "Treatment" has the meaning ascribed to that term in Section | ||||||
10 | 1-128 of the Mental Health and Developmental Disabilities Code | ||||||
11 | when used in reference to treatment for a mental health | ||||||
12 | disorder. | ||||||
13 | (b) It is an unlawful practice for any person to engage in | ||||||
14 | misleading or false advertising or promotion that | ||||||
15 | misrepresents the need to seek mental health disorder or | ||||||
16 | substance use disorder treatment outside of the State of | ||||||
17 | Illinois. | ||||||
18 | (c) Any marketing, advertising, promotional, or sales | ||||||
19 | materials directed to Illinois residents concerning mental | ||||||
20 | health disorder or substance use disorder treatment must: | ||||||
21 | (1) prominently display or announce the full physical | ||||||
22 | address of the treatment program or facility; | ||||||
23 | (2) display whether the treatment program or facility | ||||||
24 | is licensed in the State of Illinois; | ||||||
25 | (3) display whether the treatment program or facility | ||||||
26 | has locations in Illinois; |
| |||||||
| |||||||
1 | (4) display whether the services provided by the | ||||||
2 | treatment program or facility are covered by an insurance | ||||||
3 | policy issued to an Illinois resident; | ||||||
4 | (5) display whether the treatment program or facility | ||||||
5 | is an in-network or out-of-network provider; | ||||||
6 | (6) include a link to the Internet website for the | ||||||
7 | Department of Human Services' Division of Mental Health | ||||||
8 | and Division of Substance Use Prevention and Recovery, or | ||||||
9 | any successor State agency that provides information | ||||||
10 | regarding licensed providers of services; and | ||||||
11 | (7) disclose that mental health disorder and substance | ||||||
12 | use disorder treatment may be available at a reduced cost | ||||||
13 | or for free for Illinois residents within the State of | ||||||
14 | Illinois. | ||||||
15 | (d) It is an unlawful practice for any person to enter into | ||||||
16 | an arrangement under which a patient seeking mental health | ||||||
17 | disorder or substance use disorder treatment is referred to a | ||||||
18 | mental health disorder or substance use disorder treatment | ||||||
19 | program or facility in exchange for a fee, a percentage of the | ||||||
20 | treatment program's or facility's revenues that are related to | ||||||
21 | the patient, or any other remuneration that takes into account | ||||||
22 | the volume or value of the referrals to the treatment program | ||||||
23 | or facility. Such practice shall also be considered a | ||||||
24 | violation of the prohibition against fee splitting in Section | ||||||
25 | 22.2 of the Medical Practice Act of 1987 and a violation of the | ||||||
26 | Health Care Worker Self-Referral Act. A violation of the |
| |||||||
| |||||||
1 | federal Eliminating Kickbacks in Recovery Act of 2018, 18 | ||||||
2 | U.S.C. 220, constitutes a violation of this Section. Any | ||||||
3 | exception to liability available under the federal Eliminating | ||||||
4 | Kickbacks in Recovery Act shall be available under this | ||||||
5 | Section. This Section does not apply to health insurance | ||||||
6 | companies, health maintenance organizations, managed care | ||||||
7 | plans, or organizations, including hospitals and hospital | ||||||
8 | affiliates licensed in Illinois.
| ||||||
9 | (Source: P.A. 100-1058, eff. 1-1-19; 100-1188, eff. 4-5-19; | ||||||
10 | 101-81, eff. 7-12-19.)
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
|