HB 122

Abstract

Amends the Illinois Administrative Procedure Act. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 2 Deletes reference to: 5 ILCS 100/1-1 Adds reference to: 20 ILCS 301/Art. 7 heading new 20 ILCS 301/7-5 new 20 ILCS 301/7-10 new 20 ILCS 301/7-15 new 20 ILCS 301/7-20 new 20 ILCS 301/7-25 new 215 ILCS 5/370c.2 new Replaces everything after the enacting clause. Amends the Substance Use Disorder Act. Creates the Office of the Ombudsman for Behavioral Health Access to Care (Office) within the Department of Human Services for the purpose of assisting residents of Illinois in accessing behavioral health care. Provides that the Office and the Department shall operate in accordance with a memorandum of understanding between the 2 entities. Provides that the memorandum of understanding shall contain: (1) a requirement that the Office has its own personnel rules; (2) a requirement that the designated Ombudsman for Behavioral Health Access to Care has independent hiring and termination authority over Office employees; (3) a requirement that the Office must follow State fiscal rules; and other requirements. Provides that, by November 1, 2019, the Governor shall designate an Ombudsman for Behavioral Health Access to Care (Ombudsman) to help consumers, including consumers who are uninsured or have public or private health benefit coverage, and health care providers navigate and resolve issues related to consumer access to behavioral health care, including care for mental health conditions and substance use disorders. Sets forth the Ombudsman's duties, including the duty to: (i) identify, track, and report to the appropriate regulatory or oversight agency concerns, complaints, and potential violations of State or federal rules, regulations, or statutes concerning the availability of, and terms and conditions of, benefits for mental health conditions or substance use disorders; (ii) provide appropriate information to help consumers obtain behavioral health care; and (iii) develop appropriate points of contact for referrals to other State and federal agencies. Requires the Director of Insurance and the Secretary of Human Services to each appoint a liaison to the Ombudsman to receive reports of concerns, complaints, and potential violations of State and federal rules concerning benefits for mental health conditions or substance use disorders. Requires the Ombudsman to prepare and submit a report to the Governor, the Secretary of Human Services, and other specified persons by September 1, 2021, and by September 1 of each year thereafter, concerning actions taken by the Ombudsman relating to the duties of the Office. Provides that the annual report shall be posted on the Department of Human Services' website. Amends the Illinois Insurance Code. Provides that by March 1, 2020, and every other March 1 thereafter, the Director of Insurance shall submit a written report and provide a presentation of the report to the General Assembly that: (a) specifies the methodology the Director uses to verify that insurance carriers are complying with certain requirements under the Code concerning mental health or substance use disorder parity; (b) identifies market conduct examinations initiated, conducted, or completed during the preceding 12 months regarding compliance with those mental health parity requirements and with the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008; and (c) details any educational or corrective actions the Director has taken to ensure insurance carrier compliance. Effective immediately. House Floor Amendment No. 3 Provides that the establishment of the Office of the Ombudsman for Behavioral Health Access to Care within the Department of Human Services shall be subject to appropriation.