Bill Text: IL SB3102 | 2017-2018 | 100th General Assembly | Enrolled

---

Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice to offer to consumers at retail a rebate made on a stored-value card that charges dormancy fees or other post-issuance fees. Defines terms.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Enrolled - Dead) 2019-02-07 - Sent to the Governor [SB3102 Detail]

Download: Illinois-2017-SB3102-Enrolled.html

---

SB3102 Enrolled LRB100 18714 JLS 33947 b
AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2VVV as follows:
(815 ILCS 505/2VVV)
Sec. 2VVV. Deceptive marketing, advertising, and sale of
mental health disorder and substance use disorder treatment.
(a) As used in this Section:
"Facility" has the meaning ascribed to that term in Section
1-10 of the Substance Use Disorder Alcoholism and Other Drug
Abuse and Dependency Act when used in reference to a facility
that provides substance use disorder treatment. "Facility" has
the same meaning as "mental health facility" under Section
1-114 of the Mental Health and Developmental Disabilities Code
when used in reference to a facility that provides mental
health disorder treatment.
"Hospital affiliate" has the meaning ascribed to that term
in Section 10.8 of the Hospital Licensing Act.
"Mental health disorder" has the same meaning as "mental
illness" under Section 1-129 of the Mental Health and
Developmental Disabilities Code.
"Program" means a licensable or fundable activity or

SB3102 Enrolled - 2 - LRB100 18714 JLS 33947 b
service, or a coordinated range of such activities or services,
established or licensed by the Department of Human Services.
has the meaning ascribed to that term in Section 1-10 of the
Alcoholism and Other Drug Abuse and Dependency Act.
"Substance use disorder" has the same meaning as "substance
abuse" under Section 1-10 of the Substance Use Disorder
Alcoholism and Other Drug Abuse and Dependency Act.
"Treatment" has the meaning ascribed to that term in
Section 1-10 of the Substance Use Disorder Alcoholism and Other
Drug Abuse and Dependency Act when used in reference to
treatment for a substance use disorder. "Treatment" has the
meaning ascribed to that term in Section 1-128 of the Mental
Health and Developmental Disabilities Code when used in
reference to treatment for a mental health disorder.
(b) It is an unlawful practice for any person to engage in
misleading or false advertising or promotion that
misrepresents the need to seek mental health disorder or
substance use disorder treatment outside of the State of
Illinois.
(c) Any marketing, advertising, promotional, or sales
materials directed to Illinois residents concerning mental
health disorder or substance use disorder treatment must:
(1) prominently display or announce the full physical
address of the treatment program or facility;
(2) display whether the treatment program or facility
is licensed in the State of Illinois;

SB3102 Enrolled - 3 - LRB100 18714 JLS 33947 b
(3) display whether the treatment program or facility
has locations in Illinois;
(4) display whether the services provided by the
treatment program or facility are covered by an insurance
policy issued to an Illinois resident;
(5) display whether the treatment program or facility
is an in-network or out-of-network provider;
(6) include a link to the Internet website for the
Department of Human Services' Division of Mental Health and
Division of Substance Use Prevention and Recovery
Alcoholism and Substance Abuse, or any successor State
agency that provides information regarding licensed
providers of services; and
(7) disclose that mental health disorder and substance
use disorder treatment may be available at a reduced cost
or for free for Illinois residents within the State of
Illinois.
(d) It is an unlawful practice for any person to 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, a percentage of the
treatment program's or facility's revenues that are related to
the patient, or any other remuneration that takes into account
the volume or value of the referrals to the treatment program
or facility. Such practice shall also be considered a violation

SB3102 Enrolled - 4 - LRB100 18714 JLS 33947 b
of the prohibition against fee splitting in Section 22.2 of the
Medical Practice Act of 1987 and a violation of the Health Care
Worker Self-Referral Act. This Section does not apply to health
insurance companies, health maintenance organizations, managed
care plans, or organizations, including hospitals and hospital
affiliates licensed in Illinois.
(Source: P.A. 100-1058, eff. 1-1-19; revised 10-9-18.)