Bill Text: IL SB2314 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Provides that the Act may be referred to as the Community Mental Health Rule and Regulatory Modernization Act. Amends the Illinois Administrative Procedure Act. Changes the text of Sections of the Illinois Administrative Code pertaining to: community-based mental health service definitions and professional qualifications; program approval for specified behavioral health services; assertive community treatment; and community support teams. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-05-21 - Rule 3-9(a) / Re-referred to Assignments [SB2314 Detail]

Download: Illinois-2021-SB2314-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB2314 Introduced 2/26/2021, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
5 ILCS 100/5-170 new
Provides that the Act may be referred to as the Community Mental Health Rule and Regulatory Modernization Act. Amends the Illinois Administrative Procedure Act. Changes the text of Sections of the Illinois Administrative Code pertaining to: community-based mental health service definitions and professional qualifications; program approval for specified behavioral health services; assertive community treatment; and community support teams. Effective immediately.
LRB102 15771 SSS 21138 b
A BILL FOR
SB2314 LRB102 15771 SSS 21138 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as the Community
Mental Health Rule and Regulatory Modernization Act. The
purpose of this Act is to make rule and regulatory changes to
the administrative rules that govern community mental health
services to improve access to mental health care in Illinois.
Section 5. The Illinois Administrative Procedure Act is
amended by adding Section 5-170 as follows:
(5 ILCS 100/5-170 new)
Sec. 5-170.
(a) Title 89, Part 140, Sections 140.453 through 140.455,
and 140.TABLE N of the Illinois Administrative Code shall be
revised for purposes of improving access to community mental
health and behavioral health services:
(1) To enable services to begin immediately upon the
initiation of the comprehensive Integrated Assessment and
Treatment plan, Section 140.453(c)(1)(B) shall be amended
as follows: the word "completion" shall be replaced with
"initiation".
The following sentence shall be added at the end of

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the subsection: "The Integrated Assessment and Treatment
Plan shall be completed within 45 days of initiation."
(2) To eliminate the over-assessment of individuals,
Section 140.453(d)(1)(A)(i) shall be revised by replacing
"every 180 days" with "annually".
(3) To reduce administrative barriers for individuals
being deinstitutionalized, Section 140.453(d)(4)(A)(iii)
shall be revised by adding the following sentence at the
end: "Prior authorizations for any individual
transitioning from an institutional setting to the
community under a deinstitutionalization consent decree to
which the State of Illinois is party who initially
qualifies and is authorized for ACT, shall be effective
for one year intervals with a sufficient number of units
of service being approved to meet a full year of medical
necessity."
(4) To reduce staff turn-over and improve the quality
of care for Team-Based MRO services, Section
140.453(d)(4)(A)(iv) shall be revised by adding the
following bullet: "An individual possessing a bachelor's
degree in counseling and guidance, rehabilitation
counseling, social work, education, vocational counseling,
psychology, pastoral counseling, family therapy or related
human service field with at least two years of documented
clinical experience in Team Based MRO Services under the
supervision of a QMHP."

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(5) To reduce staff turn-over and improve the quality
of care for Team-Based MRO services, Section
140.453(d)(4)(B)(i) shall be revised by adding the
following at the end of the second bullet: "or an
individual possessing a bachelor's degree in counseling
and guidance, rehabilitation counseling, social work,
education, vocational counseling, psychology, pastoral
counseling, family therapy or related human service field
with at least two years of documented clinical experience
in Team Based MRO Services under the supervision of a
QMHP."
(6) To reduce administrative barriers to care for
individuals being deinstitutionalized, Section
140.453(d)(4)(B)(iii) shall be revised by adding the
following sentence at the end: "Prior authorizations for
any individual transitioning from an institutional setting
to the community under a deinstitutionalization consent
decree to which the State of Illinois is party who
initially qualifies and is authorized for CST, shall be
effective for one year intervals with a sufficient number
of units of service being approved to meet a full year of
medical necessity."
(7) To allow time for client volume to match start up
expenses of CST Teams, Section 140.TABLE N, (c)(1)(B)
shall be revised by adding the following language after
the word "following" and before the colon: "within six

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months of the CST team being established".
(8) Section 140.TABLE N, (c)(1)(D)(ii) shall be
revised by:
(A) striking the word "lead",
(B) replacing the words "referring LPHA" with
"team lead", and
(C) replacing the word "monthly" with "quarterly".
(9) Section 140.TABLE N, (c)(1)(D)(iii) shall be
revised by replacing the term "LPHA" with "CST team lead".
(10) To fully utilize treating Advance Practice Nurses
(APNs) and partnerships with hospitals and Federally
Qualified Health Clinics in a time of a profound state and
national shortage of psychiatrists, Section 140.TABLE N,
(e)(1)(C)(ii) shall be revised by striking the last
sentence to enable the full utilization of treating APNs
employed or on contract with a CMHC. The following
sentence shall be added to the end of the subsection to
maximize provider partnerships for treating APNs and
psychiatrists: "A CMHC may enter into a written contract
with a Federally Qualified Health Clinic or hospital for
the psychiatric resource for the CMHC's ACT team."
(11) To allow time for client volume to match start up
expenses of ACT Teams, Section 140.TABLE N, (e)(1)(C)(iii)
shall be revised by adding the following before the colon:
"within six months of the ACT team being established".
(12) To eliminate clinical reviews that do not have

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meaningful clinical value in patient care, Section
140.TABLE N, (e)(1)(E)(iii) shall be revised by:
(A) Replacing "monthly" with "quarterly",
(B) Replacing "psychiatrist" with "Psychiatric
Resource".
(13) To align team member roles with fidelity and best
practices, Section 140.TABLE N, (e)(1)(E)(iv) shall be
revised by replacing "Psychiatric Resource" with "Team
Lead".
(14) For purposes of addressing the behavioral health
workforce shortage, Section 140.453(d)(1)(A)(iii) shall be
revised by replacing "an LPHA" with "the direct supervisor
of the individual completing the IATP".
(b) Title 59, Chapter IV, Part 132 of the Illinois
Administrative Code shall be amended as follows:
Title 59, Chapter IV, Part 132 shall be revised to be
consistent with the changes made to Title 89, Part 140,
Sections 140.453 through 140.455, and 140.TABLE N of the
Illinois Administrative Code pursuant to this Act, including
but not limited to the following:
(A) Section 132.135(c)(1) shall be revised by striking
the language and replacing it with the following:
"Supervision by a licensed clinician, as defined in
section 132.25, or an individual possessing a bachelor's
degree in counseling and guidance, rehabilitation
counseling, social work, education, vocational counseling,

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psychology, pastoral counseling, family therapy or related
human service field with at least two years of documented
clinical experience in Team Based MRO Services under the
supervision of a QMHP, who is the team leader."
(B) Section 132.135(3) shall be revised by replacing
the language with the following: "Program support provided
by a psychiatrist or an advance practice nurse. A CMHC may
enter into a written contract with a Federally Qualified
Health Clinic or hospital for the psychiatric resource for
the CMHC's ACT team. Program support shall also include a
program administrative assistant."
(C) To allow time for client volume to match start up
expenses of ACT Teams, a Section 132.135(c)(7) shall be
added as follows: "Minimum staffing requirements of ACT
teams shall be met within six months of the ACT team being
established."
(D) Section 132.145(a) shall be revised by striking
the language and replacing it with the following:
"Demonstration of the ability to meet the minimum staffing
requirement that each team includes a minimum of three FTE
within six months of a CST team being established."
(E) Section 132.145(b) shall be revised by striking
the language and replacing it with the following:
"Demonstration of ability to meet the requirement to staff
the program with a QMHP or an individual possessing a
bachelor's degree in counseling and guidance,

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rehabilitation counseling, social work, education,
vocational counseling, psychology, pastoral counseling,
family therapy or related human service field with at
least two years of documented clinical experience in Team
Based MRO Services under the supervision of a QMHP, who is
the full-time team leader and functions as a practitioner
on the team."
(c) The Department of Healthcare and Family Services and
the Department of Human Services shall file the administrative
rule changes required pursuant to this Section by no later
than three months following the effective date of this
amendatory Act of the 102nd General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.