103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3316
 
Introduced 2/7/2024, by Sen. Sara Feigenholtz
 
SYNOPSIS AS INTRODUCED:

See Index
 Amends various Acts concerning children's mental health. Amends the School Code. Provides that on or before October 1, 2024, the State Board of Education, in consultation with the Children's Behavioral Health Transformation Team, the Office of the Governor, and relevant stakeholders as needed shall release a strategy that includes a tool for measuring capacity and readiness to implement universal mental health screening of students. Provides that the State Board of Education shall issue a report to the Governor and the General Assembly on school district readiness and plan for phased approach to universal mental health screening of students on or before April 1, 2025. Repeals the Wellness Checks in Schools Program Act. Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall implement guidance to managed care organizations and similar care coordination entities contracted with the Department, so that the managed care organizations and care coordination entities respond to lead indicators with services and interventions that are designed to help stabilize the child. Amends the Children's Mental Health Act. Provides that the Children's Mental Health Partnership shall advise the Children's Behavioral Health Transformation Initiative on designing and implementing short-term and long-term strategies to provide comprehensive and coordinated services for children from birth to age 25 and their families with the goal of addressing children's mental health needs across a full continuum of care, including social determinants of health, prevention, early identification, and treatment. Provides that the Department of Public health (rather than the Department of Healthcare and Family Services) shall provide technical and administrative support for the Partnership. Deletes provision that the Partnership shall employ an Executive Director and set the compensation of the Executive Director and other such employees and technical assistance as it deems necessary to carry out its duties. Amends the Interagency Children's Behavioral Health Services Act. Provides that the Children's Behavioral Health Transformation Team in collaboration with the Department of Human Services shall develop a program to provide one-on-one in-home respite behavioral health aids to youth requiring intensive supervision due to behavioral health needs. Effective immediately.


LRB103 37223 RLC 69486 b


 
 
A BILL FOR
 
SB3316LRB103 37223 RLC 69486 b


1 AN ACT concerning health.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The School Code is amended by changing and 
5renumbering Section 2-3.196, as added by Public Act 103-546, 
6as follows:

7 (105 ILCS 5/2-3.203)
8 Sec. 2-3.203 2-3.196. Mental health screenings.  
9 (a) On or before December 15, 2023, the State Board of 
10Education, in consultation with the Children's Behavioral 
11Health Transformation Officer, Children's Behavioral Health 
12Transformation Team, and the Office of the Governor, shall 
13file a report with the Governor and the General Assembly that 
14includes recommendations for implementation of mental health 
15screenings in schools for students enrolled in kindergarten 
16through grade 12. This report must include a landscape scan of 
17current district-wide screenings, recommendations for 
18screening tools, training for staff, and linkage and referral 
19for identified students.
20 (b) On or before October 1, 2024, the State Board of 
21Education, in consultation with the Children's Behavioral 
22Health Transformation Team, the Office of the Governor, and 
23relevant stakeholders as needed shall release a strategy that 
 
 
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1includes a tool for measuring capacity and readiness to 
2implement universal mental health screening of students. The 
3strategy shall build upon existing efforts to understand 
4district needs for resources, technology, training, and 
5infrastructure supports. The strategy shall include a 
6framework for supporting districts in a phased approach to 
7implement universal mental health screenings. The State Board 
8of Education shall issue a report to the Governor and the 
9General Assembly on school district readiness and plan for 
10phased approach to universal mental health screening of 
11students on or before April 1, 2025. 
12(Source: P.A. 103-546, eff. 8-11-23; revised 9-25-23.)

13 (105 ILCS 155/Act rep.)
14 Section 10. The Wellness Checks in Schools Program Act is 
15repealed.

16 Section 15. The Illinois Public Aid Code is amended by 
17changing Section 5-30.1 as follows:

18 (305 ILCS 5/5-30.1)
19 Sec. 5-30.1. Managed care protections.
20 (a) As used in this Section:
21 "Managed care organization" or "MCO" means any entity 
22which contracts with the Department to provide services where 
23payment for medical services is made on a capitated basis.
 
 
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1 "Emergency services" include:
2  (1) emergency services, as defined by Section 10 of 
3 the Managed Care Reform and Patient Rights Act;
4  (2) emergency medical screening examinations, as 
5 defined by Section 10 of the Managed Care Reform and 
6 Patient Rights Act;
7  (3) post-stabilization medical services, as defined by 
8 Section 10 of the Managed Care Reform and Patient Rights 
9 Act; and
10  (4) emergency medical conditions, as defined by 
11 Section 10 of the Managed Care Reform and Patient Rights 
12 Act. 
13 (b) As provided by Section 5-16.12, managed care 
14organizations are subject to the provisions of the Managed 
15Care Reform and Patient Rights Act.
16 (c) An MCO shall pay any provider of emergency services 
17that does not have in effect a contract with the contracted 
18Medicaid MCO. The default rate of reimbursement shall be the 
19rate paid under Illinois Medicaid fee-for-service program 
20methodology, including all policy adjusters, including but not 
21limited to Medicaid High Volume Adjustments, Medicaid 
22Percentage Adjustments, Outpatient High Volume Adjustments, 
23and all outlier add-on adjustments to the extent such 
24adjustments are incorporated in the development of the 
25applicable MCO capitated rates.
26 (d) An MCO shall pay for all post-stabilization services 
 
 
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1as a covered service in any of the following situations:
2  (1) the MCO authorized such services;
3  (2) such services were administered to maintain the 
4 enrollee's stabilized condition within one hour after a 
5 request to the MCO for authorization of further 
6 post-stabilization services;
7  (3) the MCO did not respond to a request to authorize 
8 such services within one hour;
9  (4) the MCO could not be contacted; or
10  (5) the MCO and the treating provider, if the treating 
11 provider is a non-affiliated provider, could not reach an 
12 agreement concerning the enrollee's care and an affiliated 
13 provider was unavailable for a consultation, in which case 
14 the MCO must pay for such services rendered by the 
15 treating non-affiliated provider until an affiliated 
16 provider was reached and either concurred with the 
17 treating non-affiliated provider's plan of care or assumed 
18 responsibility for the enrollee's care. Such payment shall 
19 be made at the default rate of reimbursement paid under 
20 Illinois Medicaid fee-for-service program methodology, 
21 including all policy adjusters, including but not limited 
22 to Medicaid High Volume Adjustments, Medicaid Percentage 
23 Adjustments, Outpatient High Volume Adjustments and all 
24 outlier add-on adjustments to the extent that such 
25 adjustments are incorporated in the development of the 
26 applicable MCO capitated rates.
 
 
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1 (e) The following requirements apply to MCOs in 
2determining payment for all emergency services:
3  (1) MCOs shall not impose any requirements for prior 
4 approval of emergency services.
5  (2) The MCO shall cover emergency services provided to 
6 enrollees who are temporarily away from their residence 
7 and outside the contracting area to the extent that the 
8 enrollees would be entitled to the emergency services if 
9 they still were within the contracting area.
10  (3) The MCO shall have no obligation to cover medical 
11 services provided on an emergency basis that are not 
12 covered services under the contract.
13  (4) The MCO shall not condition coverage for emergency 
14 services on the treating provider notifying the MCO of the 
15 enrollee's screening and treatment within 10 days after 
16 presentation for emergency services.
17  (5) The determination of the attending emergency 
18 physician, or the provider actually treating the enrollee, 
19 of whether an enrollee is sufficiently stabilized for 
20 discharge or transfer to another facility, shall be 
21 binding on the MCO. The MCO shall cover emergency services 
22 for all enrollees whether the emergency services are 
23 provided by an affiliated or non-affiliated provider.
24  (6) The MCO's financial responsibility for 
25 post-stabilization care services it has not pre-approved 
26 ends when:
 
 
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1   (A) a plan physician with privileges at the 
2 treating hospital assumes responsibility for the 
3 enrollee's care;
4   (B) a plan physician assumes responsibility for 
5 the enrollee's care through transfer;
6   (C) a contracting entity representative and the 
7 treating physician reach an agreement concerning the 
8 enrollee's care; or
9   (D) the enrollee is discharged.
10 (f) Network adequacy and transparency.
11  (1) The Department shall:
12   (A) ensure that an adequate provider network is in 
13 place, taking into consideration health professional 
14 shortage areas and medically underserved areas;
15   (B) publicly release an explanation of its process 
16 for analyzing network adequacy;
17   (C) periodically ensure that an MCO continues to 
18 have an adequate network in place;
19   (D) require MCOs, including Medicaid Managed Care 
20 Entities as defined in Section 5-30.2, to meet 
21 provider directory requirements under Section 5-30.3;
22   (E) require MCOs to ensure that any 
23 Medicaid-certified provider under contract with an MCO 
24 and previously submitted on a roster on the date of 
25 service is paid for any medically necessary, 
26 Medicaid-covered, and authorized service rendered to 
 
 
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1 any of the MCO's enrollees, regardless of inclusion on 
2 the MCO's published and publicly available directory 
3 of available providers; and
4   (F) require MCOs, including Medicaid Managed Care 
5 Entities as defined in Section 5-30.2, to meet each of 
6 the requirements under subsection (d-5) of Section 10 
7 of the Network Adequacy and Transparency Act; with 
8 necessary exceptions to the MCO's network to ensure 
9 that admission and treatment with a provider or at a 
10 treatment facility in accordance with the network 
11 adequacy standards in paragraph (3) of subsection 
12 (d-5) of Section 10 of the Network Adequacy and 
13 Transparency Act is limited to providers or facilities 
14 that are Medicaid certified. 
15  (2) Each MCO shall confirm its receipt of information 
16 submitted specific to physician or dentist additions or 
17 physician or dentist deletions from the MCO's provider 
18 network within 3 days after receiving all required 
19 information from contracted physicians or dentists, and 
20 electronic physician and dental directories must be 
21 updated consistent with current rules as published by the 
22 Centers for Medicare and Medicaid Services or its 
23 successor agency.
24 (g) Timely payment of claims.
25  (1) The MCO shall pay a claim within 30 days of 
26 receiving a claim that contains all the essential 
 
 
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1 information needed to adjudicate the claim.
2  (2) The MCO shall notify the billing party of its 
3 inability to adjudicate a claim within 30 days of 
4 receiving that claim.
5  (3) The MCO shall pay a penalty that is at least equal 
6 to the timely payment interest penalty imposed under 
7 Section 368a of the Illinois Insurance Code for any claims 
8 not timely paid.
9   (A) When an MCO is required to pay a timely payment 
10 interest penalty to a provider, the MCO must calculate 
11 and pay the timely payment interest penalty that is 
12 due to the provider within 30 days after the payment of 
13 the claim. In no event shall a provider be required to 
14 request or apply for payment of any owed timely 
15 payment interest penalties. 
16   (B) Such payments shall be reported separately 
17 from the claim payment for services rendered to the 
18 MCO's enrollee and clearly identified as interest 
19 payments. 
20  (4)(A) The Department shall require MCOs to expedite 
21 payments to providers identified on the Department's 
22 expedited provider list, determined in accordance with 89 
23 Ill. Adm. Code 140.71(b), on a schedule at least as 
24 frequently as the providers are paid under the 
25 Department's fee-for-service expedited provider schedule.
26  (B) Compliance with the expedited provider requirement 
 
 
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1 may be satisfied by an MCO through the use of a Periodic 
2 Interim Payment (PIP) program that has been mutually 
3 agreed to and documented between the MCO and the provider, 
4 if the PIP program ensures that any expedited provider 
5 receives regular and periodic payments based on prior 
6 period payment experience from that MCO. Total payments 
7 under the PIP program may be reconciled against future PIP 
8 payments on a schedule mutually agreed to between the MCO 
9 and the provider.
10  (C) The Department shall share at least monthly its 
11 expedited provider list and the frequency with which it 
12 pays providers on the expedited list.
13 (g-5) Recognizing that the rapid transformation of the 
14Illinois Medicaid program may have unintended operational 
15challenges for both payers and providers:
16  (1) in no instance shall a medically necessary covered 
17 service rendered in good faith, based upon eligibility 
18 information documented by the provider, be denied coverage 
19 or diminished in payment amount if the eligibility or 
20 coverage information available at the time the service was 
21 rendered is later found to be inaccurate in the assignment 
22 of coverage responsibility between MCOs or the 
23 fee-for-service system, except for instances when an 
24 individual is deemed to have not been eligible for 
25 coverage under the Illinois Medicaid program; and
26  (2) the Department shall, by December 31, 2016, adopt 
 
 
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1 rules establishing policies that shall be included in the 
2 Medicaid managed care policy and procedures manual 
3 addressing payment resolutions in situations in which a 
4 provider renders services based upon information obtained 
5 after verifying a patient's eligibility and coverage plan 
6 through either the Department's current enrollment system 
7 or a system operated by the coverage plan identified by 
8 the patient presenting for services:
9   (A) such medically necessary covered services 
10 shall be considered rendered in good faith;
11   (B) such policies and procedures shall be 
12 developed in consultation with industry 
13 representatives of the Medicaid managed care health 
14 plans and representatives of provider associations 
15 representing the majority of providers within the 
16 identified provider industry; and
17   (C) such rules shall be published for a review and 
18 comment period of no less than 30 days on the 
19 Department's website with final rules remaining 
20 available on the Department's website.
21  The rules on payment resolutions shall include, but 
22 not be limited to:
23   (A) the extension of the timely filing period;
24   (B) retroactive prior authorizations; and
25   (C) guaranteed minimum payment rate of no less 
26 than the current, as of the date of service, 
 
 
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1 fee-for-service rate, plus all applicable add-ons, 
2 when the resulting service relationship is out of 
3 network.
4  The rules shall be applicable for both MCO coverage 
5 and fee-for-service coverage. 
6 If the fee-for-service system is ultimately determined to 
7have been responsible for coverage on the date of service, the 
8Department shall provide for an extended period for claims 
9submission outside the standard timely filing requirements. 
10 (g-6) MCO Performance Metrics Report.
11  (1) The Department shall publish, on at least a 
12 quarterly basis, each MCO's operational performance, 
13 including, but not limited to, the following categories of 
14 metrics:
15   (A) claims payment, including timeliness and 
16 accuracy;
17   (B) prior authorizations;
18   (C) grievance and appeals;
19   (D) utilization statistics;
20   (E) provider disputes;
21   (F) provider credentialing; and
22   (G) member and provider customer service. 
23  (2) The Department shall ensure that the metrics 
24 report is accessible to providers online by January 1, 
25 2017.
26  (3) The metrics shall be developed in consultation 
 
 
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1 with industry representatives of the Medicaid managed care 
2 health plans and representatives of associations 
3 representing the majority of providers within the 
4 identified industry.
5  (4) Metrics shall be defined and incorporated into the 
6 applicable Managed Care Policy Manual issued by the 
7 Department.
8 (g-7) MCO claims processing and performance analysis. In 
9order to monitor MCO payments to hospital providers, pursuant 
10to Public Act 100-580, the Department shall post an analysis 
11of MCO claims processing and payment performance on its 
12website every 6 months. Such analysis shall include a review 
13and evaluation of a representative sample of hospital claims 
14that are rejected and denied for clean and unclean claims and 
15the top 5 reasons for such actions and timeliness of claims 
16adjudication, which identifies the percentage of claims 
17adjudicated within 30, 60, 90, and over 90 days, and the dollar 
18amounts associated with those claims.
19 (g-8) Dispute resolution process. The Department shall 
20maintain a provider complaint portal through which a provider 
21can submit to the Department unresolved disputes with an MCO. 
22An unresolved dispute means an MCO's decision that denies in 
23whole or in part a claim for reimbursement to a provider for 
24health care services rendered by the provider to an enrollee 
25of the MCO with which the provider disagrees. Disputes shall 
26not be submitted to the portal until the provider has availed 
 
 
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1itself of the MCO's internal dispute resolution process. 
2Disputes that are submitted to the MCO internal dispute 
3resolution process may be submitted to the Department of 
4Healthcare and Family Services' complaint portal no sooner 
5than 30 days after submitting to the MCO's internal process 
6and not later than 30 days after the unsatisfactory resolution 
7of the internal MCO process or 60 days after submitting the 
8dispute to the MCO internal process. Multiple claim disputes 
9involving the same MCO may be submitted in one complaint, 
10regardless of whether the claims are for different enrollees, 
11when the specific reason for non-payment of the claims 
12involves a common question of fact or policy. Within 10 
13business days of receipt of a complaint, the Department shall 
14present such disputes to the appropriate MCO, which shall then 
15have 30 days to issue its written proposal to resolve the 
16dispute. The Department may grant one 30-day extension of this 
17time frame to one of the parties to resolve the dispute. If the 
18dispute remains unresolved at the end of this time frame or the 
19provider is not satisfied with the MCO's written proposal to 
20resolve the dispute, the provider may, within 30 days, request 
21the Department to review the dispute and make a final 
22determination. Within 30 days of the request for Department 
23review of the dispute, both the provider and the MCO shall 
24present all relevant information to the Department for 
25resolution and make individuals with knowledge of the issues 
26available to the Department for further inquiry if needed. 
 
 
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1Within 30 days of receiving the relevant information on the 
2dispute, or the lapse of the period for submitting such 
3information, the Department shall issue a written decision on 
4the dispute based on contractual terms between the provider 
5and the MCO, contractual terms between the MCO and the 
6Department of Healthcare and Family Services and applicable 
7Medicaid policy. The decision of the Department shall be 
8final. By January 1, 2020, the Department shall establish by 
9rule further details of this dispute resolution process. 
10Disputes between MCOs and providers presented to the 
11Department for resolution are not contested cases, as defined 
12in Section 1-30 of the Illinois Administrative Procedure Act, 
13conferring any right to an administrative hearing. 
14 (g-9)(1) The Department shall publish annually on its 
15website a report on the calculation of each managed care 
16organization's medical loss ratio showing the following: 
17  (A) Premium revenue, with appropriate adjustments. 
18  (B) Benefit expense, setting forth the aggregate 
19 amount spent for the following:
20   (i) Direct paid claims.
21   (ii) Subcapitation payments.
22   (iii) Other claim payments.
23   (iv) Direct reserves.
24   (v) Gross recoveries.
25   (vi) Expenses for activities that improve health 
26 care quality as allowed by the Department. 
 
 
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1 (2) The medical loss ratio shall be calculated consistent 
2with federal law and regulation following a claims runout 
3period determined by the Department. 
4 (g-10)(1) "Liability effective date" means the date on 
5which an MCO becomes responsible for payment for medically 
6necessary and covered services rendered by a provider to one 
7of its enrollees in accordance with the contract terms between 
8the MCO and the provider. The liability effective date shall 
9be the later of:
10  (A) The execution date of a network participation 
11 contract agreement.
12  (B) The date the provider or its representative 
13 submits to the MCO the complete and accurate standardized 
14 roster form for the provider in the format approved by the 
15 Department. 
16  (C) The provider effective date contained within the 
17 Department's provider enrollment subsystem within the 
18 Illinois Medicaid Program Advanced Cloud Technology 
19 (IMPACT) System. 
20 (2) The standardized roster form may be submitted to the 
21MCO at the same time that the provider submits an enrollment 
22application to the Department through IMPACT.
23 (3) By October 1, 2019, the Department shall require all 
24MCOs to update their provider directory with information for 
25new practitioners of existing contracted providers within 30 
26days of receipt of a complete and accurate standardized roster 
 
 
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1template in the format approved by the Department provided 
2that the provider is effective in the Department's provider 
3enrollment subsystem within the IMPACT system. Such provider 
4directory shall be readily accessible for purposes of 
5selecting an approved health care provider and comply with all 
6other federal and State requirements. 
7 (g-11) The Department shall work with relevant 
8stakeholders on the development of operational guidelines to 
9enhance and improve operational performance of Illinois' 
10Medicaid managed care program, including, but not limited to, 
11improving provider billing practices, reducing claim 
12rejections and inappropriate payment denials, and 
13standardizing processes, procedures, definitions, and response 
14timelines, with the goal of reducing provider and MCO 
15administrative burdens and conflict. The Department shall 
16include a report on the progress of these program improvements 
17and other topics in its Fiscal Year 2020 annual report to the 
18General Assembly. 
19 (g-12) Notwithstanding any other provision of law, if the 
20Department or an MCO requires submission of a claim for 
21payment in a non-electronic format, a provider shall always be 
22afforded a period of no less than 90 business days, as a 
23correction period, following any notification of rejection by 
24either the Department or the MCO to correct errors or 
25omissions in the original submission. 
26 Under no circumstances, either by an MCO or under the 
 
 
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1State's fee-for-service system, shall a provider be denied 
2payment for failure to comply with any timely submission 
3requirements under this Code or under any existing contract, 
4unless the non-electronic format claim submission occurs after 
5the initial 180 days following the latest date of service on 
6the claim, or after the 90 business days correction period 
7following notification to the provider of rejection or denial 
8of payment. 
9 (h) The Department shall not expand mandatory MCO 
10enrollment into new counties beyond those counties already 
11designated by the Department as of June 1, 2014 for the 
12individuals whose eligibility for medical assistance is not 
13the seniors or people with disabilities population until the 
14Department provides an opportunity for accountable care 
15entities and MCOs to participate in such newly designated 
16counties.
17 (h-5) Leading indicator data sharing. By January 1, 2024, 
18the Department shall obtain input from the Department of Human 
19Services, the Department of Juvenile Justice, the Department 
20of Children and Family Services, the State Board of Education, 
21managed care organizations, providers, and clinical experts to 
22identify and analyze key indicators and data elements that can 
23be used in an analysis of lead indicators from assessments and 
24data sets available to the Department that can be shared with 
25managed care organizations and similar care coordination 
26entities contracted with the Department as leading indicators 
 
 
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1for elevated behavioral health crisis risk for children, 
2including data sets such as the Illinois Medicaid 
3Comprehensive Assessment of Needs and Strengths (IM-CANS), 
4calls made to the State's Crisis and Referral Entry Services 
5(CARES) hotline, school district data contained in the 
6statewide Illinois Longitudinal Data System (ILDS), health 
7services information from Health and Human Services 
8Innovators, or other data sets that may include key 
9indicators. The workgroup shall complete its recommendations 
10for leading indicator data elements on or before September 1, 
112024. To the extent permitted by State and federal law, the 
12identified leading indicators shall be shared with managed 
13care organizations and similar care coordination entities 
14contracted with the Department on or before December 1, 2024 
15within 6 months of identification for the purpose of improving 
16care coordination with the early detection of elevated risk. 
17Leading indicators shall be reassessed annually with 
18stakeholder input. The Department shall implement guidance to 
19managed care organizations and similar care coordination 
20entities contracted with the Department, so that the managed 
21care organizations and care coordination entities respond to 
22lead indicators with services and interventions that are 
23designed to help stabilize the child. 
24 (i) The requirements of this Section apply to contracts 
25with accountable care entities and MCOs entered into, amended, 
26or renewed after June 16, 2014 (the effective date of Public 
 
 
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1Act 98-651).
2 (j) Health care information released to managed care 
3organizations. A health care provider shall release to a 
4Medicaid managed care organization, upon request, and subject 
5to the Health Insurance Portability and Accountability Act of 
61996 and any other law applicable to the release of health 
7information, the health care information of the MCO's 
8enrollee, if the enrollee has completed and signed a general 
9release form that grants to the health care provider 
10permission to release the recipient's health care information 
11to the recipient's insurance carrier. 
12 (k) The Department of Healthcare and Family Services, 
13managed care organizations, a statewide organization 
14representing hospitals, and a statewide organization 
15representing safety-net hospitals shall explore ways to 
16support billing departments in safety-net hospitals. 
17 (l) The requirements of this Section added by Public Act 
18102-4 shall apply to services provided on or after the first 
19day of the month that begins 60 days after April 27, 2021 (the 
20effective date of Public Act 102-4). 
21(Source: P.A. 102-4, eff. 4-27-21; 102-43, eff. 7-6-21; 
22102-144, eff. 1-1-22; 102-454, eff. 8-20-21; 102-813, eff. 
235-13-22; 103-546, eff. 8-11-23.)

24 Section 20. The Children's Mental Health Act is amended by 
25changing Section 5 as follows:

 
 
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1 (405 ILCS 49/5)
2 Sec. 5. Children's Mental Health Partnership; Children's 
3Mental Health Plan. 
4 (a) The Children's Mental Health Partnership (hereafter 
5referred to as "the Partnership") created under Public Act 
693-495 and continued under Public Act 102-899 shall advise 
7State agencies and the Children's Behavioral Health 
8Transformation Initiative on designing and implementing 
9short-term and long-term strategies to provide comprehensive 
10and coordinated services for children from birth to age 25 and 
11their families with the goal of addressing children's mental 
12health needs across a full continuum of care, including social 
13determinants of health, prevention, early identification, and 
14treatment. The recommended strategies shall build upon the 
15recommendations in the Children's Mental Health Plan of 2022 
16and may include, but are not limited to, recommendations 
17regarding the following:
18  (1) Increasing public awareness on issues connected to 
19 children's mental health and wellness to decrease stigma, 
20 promote acceptance, and strengthen the ability of 
21 children, families, and communities to access supports.
22  (2) Coordination of programs, services, and policies 
23 across child-serving State agencies to best monitor and 
24 assess spending, as well as foster innovation of adaptive 
25 or new practices.
 
 
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1  (3) Funding and resources for children's mental health 
2 prevention, early identification, and treatment across 
3 child-serving State agencies.
4  (4) Facilitation of research on best practices and 
5 model programs and dissemination of this information to 
6 State policymakers, practitioners, and the general public.
7  (5) Monitoring programs, services, and policies 
8 addressing children's mental health and wellness.
9  (6) Growing, retaining, diversifying, and supporting 
10 the child-serving workforce, with special emphasis on 
11 professional development around child and family mental 
12 health and wellness services.
13  (7) Supporting the design, implementation, and 
14 evaluation of a quality-driven children's mental health 
15 system of care across all child services that prevents 
16 mental health concerns and mitigates trauma.
17  (8) Improving the system to more effectively meet the 
18 emergency and residential placement needs for all children 
19 with severe mental and behavioral challenges.
20 (b) The Partnership shall have the responsibility of 
21developing and updating the Children's Mental Health Plan and 
22advising the relevant State agencies on implementation of the 
23Plan. The Children's Mental Health Partnership shall be 
24comprised of the following members:
25  (1) The Governor or his or her designee. 
26  (2) The Attorney General or his or her designee. 
 
 
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1  (3) The Secretary of the Department of Human Services 
2 or his or her designee. 
3  (4) The State Superintendent of Education or his or 
4 her designee. 
5  (5) The Director of the Department of Children and 
6 Family Services or his or her designee. 
7  (6) The Director of the Department of Healthcare and 
8 Family Services or his or her designee. 
9  (7) The Director of the Department of Public Health or 
10 his or her designee. 
11  (8) The Director of the Department of Juvenile Justice 
12 or his or her designee. 
13  (9) The Executive Director of the Governor's Office of 
14 Early Childhood Development or his or her designee. 
15  (10) The Director of the Criminal Justice Information 
16 Authority or his or her designee. 
17  (11) One member of the General Assembly appointed by 
18 the Speaker of the House. 
19  (12) One member of the General Assembly appointed by 
20 the President of the Senate. 
21  (13) One member of the General Assembly appointed by 
22 the Minority Leader of the Senate. 
23  (14) One member of the General Assembly appointed by 
24 the Minority Leader of the House. 
25  (15) Up to 25 representatives from the public 
26 reflecting a diversity of age, gender identity, race, 
 
 
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1 ethnicity, socioeconomic status, and geographic location, 
2 to be appointed by the Governor. Those public members 
3 appointed under this paragraph must include, but are not 
4 limited to: 
5   (A) a family member or individual with lived 
6 experience in the children's mental health system; 
7   (B) a child advocate; 
8   (C) a community mental health expert, 
9 practitioner, or provider; 
10   (D) a representative of a statewide association 
11 representing a majority of hospitals in the State; 
12   (E) an early childhood expert or practitioner; 
13   (F) a representative from the K-12 school system; 
14   (G) a representative from the healthcare sector; 
15   (H) a substance use prevention expert or 
16 practitioner, or a representative of a statewide 
17 association representing community-based mental health 
18 substance use disorder treatment providers in the 
19 State; 
20   (I) a violence prevention expert or practitioner; 
21   (J) a representative from the juvenile justice 
22 system; 
23   (K) a school social worker; and 
24   (L) a representative of a statewide organization 
25 representing pediatricians.
26  (16) Two co-chairs appointed by the Governor, one 
 
 
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1 being a representative from the public and one being the 
2 Director of Public Health a representative from the State. 
3 The members appointed by the Governor shall be appointed 
4for 4 years with one opportunity for reappointment, except as 
5otherwise provided for in this subsection. Members who were 
6appointed by the Governor and are serving on January 1, 2023 
7(the effective date of Public Act 102-899) shall maintain 
8their appointment until the term of their appointment has 
9expired. For new appointments made pursuant to Public Act 
10102-899, members shall be appointed for one-year, 2-year, or 
114-year terms, as determined by the Governor, with no more than 
129 of the Governor's new or existing appointees serving the 
13same term. Those new appointments serving a one-year or 2-year 
14term may be appointed to 2 additional 4-year terms. If a 
15vacancy occurs in the Partnership membership, the vacancy 
16shall be filled in the same manner as the original appointment 
17for the remainder of the term. 
18 The Partnership shall be convened no later than January 
1931, 2023 to discuss the changes in Public Act 102-899. 
20 The members of the Partnership shall serve without 
21compensation but may be entitled to reimbursement for all 
22necessary expenses incurred in the performance of their 
23official duties as members of the Partnership from funds 
24appropriated for that purpose. 
25 The Partnership may convene and appoint special committees 
26or study groups to operate under the direction of the 
 
 
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1Partnership. Persons appointed to such special committees or 
2study groups shall only receive reimbursement for reasonable 
3expenses. 
4 (b-5) The Partnership shall include an adjunct council 
5comprised of no more than 6 youth aged 14 to 25 and 4 
6representatives of 4 different community-based organizations 
7that focus on youth mental health. Of the community-based 
8organizations that focus on youth mental health, one of the 
9community-based organizations shall be led by an 
10LGBTQ-identified person, one of the community-based 
11organizations shall be led by a person of color, and one of the 
12community-based organizations shall be led by a woman. Of the 
13representatives appointed to the council from the 
14community-based organizations, at least one representative 
15shall be LGBTQ-identified, at least one representative shall 
16be a person of color, and at least one representative shall be 
17a woman. The council members shall be appointed by the Chair of 
18the Partnership and shall reflect the racial, gender identity, 
19sexual orientation, ability, socioeconomic, ethnic, and 
20geographic diversity of the State, including rural, suburban, 
21and urban appointees. The council shall make recommendations 
22to the Partnership regarding youth mental health, including, 
23but not limited to, identifying barriers to youth feeling 
24supported by and empowered by the system of mental health and 
25treatment providers, barriers perceived by youth in accessing 
26mental health services, gaps in the mental health system, 
 
 
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1available resources in schools, including youth's perceptions 
2and experiences with outreach personnel, agency websites, and 
3informational materials, methods to destigmatize mental health 
4services, and how to improve State policy concerning student 
5mental health. The mental health system may include services 
6for substance use disorders and addiction. The council shall 
7meet at least 4 times annually. 
8 (c) (Blank).
9 (d) The Illinois Children's Mental Health Partnership has 
10the following powers and duties: 
11  (1) Conducting research assessments to determine the 
12 needs and gaps of programs, services, and policies that 
13 touch children's mental health. 
14  (2) Developing policy statements for interagency 
15 cooperation to cover all aspects of mental health 
16 delivery, including social determinants of health, 
17 prevention, early identification, and treatment. 
18  (3) Recommending policies and providing information on 
19 effective programs for delivery of mental health services. 
20  (4) Using funding from federal, State, or 
21 philanthropic partners, to fund pilot programs or research 
22 activities to resource innovative practices by 
23 organizational partners that will address children's 
24 mental health. However, the Partnership may not provide 
25 direct services. 
26  (4.1) The Partnership shall work with community 
 
 
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1 networks and the Children's Behavioral Health 
2 Transformation Initiative team to implement a community 
3 needs assessment, that will raise awareness of gaps in 
4 existing community-based services for youth. 
5  (5) Submitting an annual report, on or before December 
6 30 of each year, to the Governor and the General Assembly 
7 on the progress of the Plan, any recommendations regarding 
8 State policies, laws, or rules necessary to fulfill the 
9 purposes of the Act, and any additional recommendations 
10 regarding mental or behavioral health that the Partnership 
11 deems necessary. 
12  (6) (Blank). Employing an Executive Director and 
13 setting the compensation of the Executive Director and 
14 other such employees and technical assistance as it deems 
15 necessary to carry out its duties under this Section. 
16 The Partnership may designate a fiscal and administrative 
17agent that can accept funds to carry out its duties as outlined 
18in this Section. 
19 The Department of Public Health Healthcare and Family 
20Services shall provide technical and administrative support 
21for the Partnership. 
22 (e) The Partnership may accept monetary gifts or grants 
23from the federal government or any agency thereof, from any 
24charitable foundation or professional association, or from any 
25reputable source for implementation of any program necessary 
26or desirable to carry out the powers and duties as defined 
 
 
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1under this Section. 
2 (f) On or before January 1, 2027, the Partnership shall 
3submit recommendations to the Governor and General Assembly 
4that includes recommended updates to the Act to reflect the 
5current mental health landscape in this State. 
6(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21; 
7102-899, eff. 1-1-23; 102-1034, eff. 1-1-23; 103-154, eff. 
86-30-23.)

9 Section 25. The Interagency Children's Behavioral Health 
10Services Act is amended by adding Section 6 as follows:

11 (405 ILCS 165/6 new)
12 Sec. 6. Personal support workers. The Children's 
13Behavioral Health Transformation Team in collaboration with 
14the Department of Human Services shall develop a program to 
15provide one-on-one in-home respite behavioral health aids to 
16youth requiring intensive supervision due to behavioral health 
17needs.

18 Section 99. Effective date. This Act takes effect upon 
19becoming law.
 
 
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1
INDEX

2
Statutes amended in order of appearance