Civil Administrative Code of Illinois. (Department of Healthcare and Family Services Law) (20 ILCS 2205/)

Chapter 20 — Executive Branch

Dpt of Healthcare and Family Services

This text is maintained by the Legislative Reference Bureau for legislative drafting purposes and is NOT the official text of the Illinois Compiled Statutes; the only official copy is the printed copy maintained by the Secretary of State.

Art. 2205 ARTICLE 2205. DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

Sec. 2205-1. Article short title

This Article 2205 of the Civil Administrative Code of Illinois may be cited as the Department of Healthcare and Family Services Law.

(Source: P.A. 95-331, eff. 8-21-07.)

Sec. 2205-5. Public Aid Code

The Department of Healthcare and Family Services shall administer the Illinois Public Aid Code as provided in that Code.

(Source: P.A. 95-331, eff. 8-21-07.)

Sec. 2205-10. Suspension or termination of authorization to provide medical services

Whenever the Department of Healthcare and Family Services (formerly Department of Public Aid) suspends or terminates the authorization of any person, firm, corporation, association, agency, institution, or other legal entity to provide medical services under Article V of the Illinois Public Aid Code and the practice of providing those services or the maintenance of facilities for those services is licensed under a licensing Act administered by the Department of Public Health or the Department of Professional Regulation, the Department of Healthcare and Family Services shall, within 30 days of the suspension or termination, give written notice of the suspension or termination and transmit a record of the evidence and specify the grounds on which the suspension or termination is based to the Department that administers the licensing Act under which that person, firm, corporation, association, agency, institution, or other legal entity is licensed, subject to any confidentiality requirements imposed by applicable federal or State law. The cost of any such record shall be borne by the Department to which it is transmitted.

(Source: P.A. 95-331, eff. 8-21-07.)

Sec. 2205-13. Authorization to secure a federal waiver pursuant to the federal Social Security Act or a State plan amendment

(a) The Director of Healthcare and Family Services, in collaboration and coordination with the Secretary of Human Services, shall develop and submit to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, Center for Medicaid and State Operations, a request for a waiver pursuant to the federal Social Security Act or a State plan amendment consistent with the purpose of subsection (b) of this Section and requirements of subsection (c) of this Section.

(b) The purpose of the waiver or a State plan amendment authorized by subsection (a) of this Section is to obtain approval for the use of funds under Title XIX of the federal Social Security Act to provide for an alternative model of licensure, reimbursement, and quality assurance for services to individuals with developmental disabilities consistent with the Continuum of Care Services for the Developmentally Disabled Act.

(c) A waiver or a State plan amendment requested pursuant to this authorization must involve the licensure of a continuum of care facility pursuant to and consistent with all requirements of the Continuum of Care Services for the Developmentally Disabled Act and a proposal for a reimbursement methodology developed under paragraph (2) of Section 40 of the Continuum of Care Services for the Developmentally Disabled Act.

(Source: P.A. 99-892, eff. 1-1-17.)

Sec. 2205-15. Internal oversight review and unified report

As required in Section 1-37 of the Department of Human Services Act, the Department shall conduct an internal review and work in conjunction with the Department of Human Services and other State human services agencies in the development of a unified report to the General Assembly summarizing the provider contracts issued by the agencies; auditing requirements related to these contracts; licensing and training requirements subject to audits; mandated reporting requirements for grant recipients and contractual providers; the extent to which audits or rules are redundant or result in duplication; and proposed actions to address the redundancy or duplication.

(Source: P.A. 96-1141, eff. 7-21-10.)

Sec. 2205-15a. Cross-agency prequalification and master service agreements

As required in Section 1-37a of the Department of Human Services Act, the Department shall have the authority and is hereby directed to collaborate with the Department of Human Services and other State human services agencies in the adoption of joint rules to establish (i) a cross-agency prequalification process for contracting with human service providers; (ii) a cross-agency master service agreement of standard terms and conditions for contracting with human service providers; and (iii) a cross-agency common service taxonomy for human service providers to streamline the processes referenced in this Section and outlined in Section 1-37a of the Department of Human Services Act.

(Source: P.A. 97-210, eff. 7-28-11.)

Sec. 2205-20. State healthcare purchasing

On and after the date 6 months after the effective date of this amendatory Act of the 98th General Assembly, as provided in the Executive Order 1 (2012) Implementation Act, all of the powers, duties, rights, and responsibilities related to State healthcare purchasing under this Law that were transferred to the Department of Healthcare and Family Services by Executive Order 3 (2005) are transferred back to the Departments from which those powers, duties, rights, and responsibilities were transferred; however, powers, duties, rights, and responsibilities related to State healthcare purchasing under this Law that were exercised by the Department of Corrections before the effective date of Executive Order 3 (2005) but that pertain to individuals resident in facilities operated by the Department of Juvenile Justice shall be transferred to the Department of Juvenile Justice.

(Source: P.A. 98-488, eff. 8-16-13.)

Sec. 2205-25.

[Repealed]

(Source: P.A. 99-195, eff. 7-30-15. Repealed internally, eff. 1-1-18.)

Sec. 2205-30.

[Repealed]

(Source: P.A. 101-209, eff. 8-5-19. Repealed internally, eff. 12-1-20.)

Sec. 30.

(Renumbered).

(Source: P.A. 102-512, eff. 1-1-22. Renumbered by P.A. 102-813, eff. 5-13-22.)

Sec. 2205-31.

[Repealed]

(Source: P.A. 102-813, eff. 5-13-22. Repealed by P.A. 103-588, eff. 6-5-24.)

Sec. 2205-35. Certified veteran support specialists

The Department of Healthcare and Family Services shall recognize veteran support specialists who are certified by, and in good standing with, the Illinois Alcohol and Other Drug Abuse Professional Certification Association, Inc. as mental health professionals as defined in the Illinois Title XIX State Plan and in 89 Ill. Adm. Code 140.453.

(Source: P.A. 102-43, eff. 7-6-21.)

Sec. 2205-36. Breakthrough Therapies for Veteran Suicide Prevention Program Advisory Council

(Section scheduled to be repealed on January 1, 2027)

Sec. 2205-36. Breakthrough Therapies for Veteran Suicide Prevention Program Advisory Council.

(a) There is created within the Department of Healthcare and Family Services the Breakthrough Therapies for Veteran Suicide Prevention Program Advisory Council. The Council shall advise the Department on the rules and clinical infrastructure necessary to support clinical access to and training for medication-assisted United States Food and Drug Administration breakthrough therapies for veteran suicide prevention. In advising the Department under this Section, the Council shall advise the Department on:

(1) the award of grants for breakthrough therapy treatment through the Veteran Suicide Prevention Program;

(2) the necessary education, training, licensing, and credentialing of providers;

(3) patient safety and harm reduction;

(4) costs, insurance reimbursement, and strategies to safely increase affordable access to care, including the use of group therapy;

(5) standards for treatment facilities;

(6) relevant federal regulations and guidelines that relevant State agencies may consider adopting;

(7) assisting with the development of public awareness and education campaigns related to veteran suicides;

(8) additional funding needed for subsidized patient access and provider and therapist training;

(9) overall Fund budget;

(10) periodic Fund evaluation;

(11) developing criteria and standards for the award of grants and fellowships;

(12) developing and providing oversight regarding mechanisms for the dissemination of treatment and training data; and

(13) developing provisions to ensure justice, equity, diversity, and inclusion are considered in the administration of grants and recommendations made to the Department.

(b) The Council shall consist of 9 members:

(1) three members appointed by the Governor;

(2) two members appointed by the President of the Senate;

(3) two members appointed by the Speaker of the House of Representatives;

(4) one member appointed by The Minority Leader of the Senate; and

(5) one member appointed by the Minority Leader of the House.

(c) The Council shall include at least 3 veterans. The Council shall also include members with expertise in breakthrough therapy research, clinical mental health treatment, public health, access to mental and behavioral healthcare in underserved communities, veteran mental and behavioral healthcare, and harm reduction. The Department of Healthcare and Family Services shall provide administrative support to the Council.

(d) The Council shall adopt internal organizational procedures as necessary for its efficient organization.

(e) Members of the Council shall serve without compensation.

(Source: P.A. 103-8, eff. 6-7-23. Repealed by P.A. 104-576, eff. 1-1-27.)

Sec. 2205-40. Dissolution of the Health Information Exchange Office and Fund

(a) Staff employed by the Illinois Health Information Exchange Office (Office) on the effective date of this amendatory Act of the 103rd General Assembly shall remain employed and continue their service within the Department of Healthcare and Family Services after the repeal of the Illinois Health Information Exchange and Technology Act and the cessation or dissolution of the Office. The status and rights of such employees shall not be affected by the repeal of the Illinois Health Information Exchange and Technology Act or the cessation of the Office except that, notwithstanding any other State law to the contrary, those employees shall maintain their seniority and their positions shall convert to titles of comparable organizational level under the Personnel Code and become subject to the Personnel Code. Other than the changes described in this paragraph, the rights of employees, the State of Illinois, and State agencies under the Personnel Code or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act of the 103rd General Assembly.

(b) Notwithstanding any other provision of law to the contrary, and in addition to any other transfers that may be provided by law, on the effective date of this amendatory Act of the 103rd General Assembly, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Health Information Exchange Fund to the General Revenue Fund. Upon completion of the transfer, the Health Information Exchange Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the General Revenue Fund.

(Source: P.A. 103-508, eff. 8-4-23.)