30 ILCS 732/5

Current through Public Act 103-1056
Section 30 ILCS 732/5 - Definitions

In this Act:

"Behavioral health center site" means a physical site where a community behavioral health center shall provide behavioral healthcare services linked to a particular Department-contracted community behavioral healthcare provider, from which this provider delivers a Department-funded service and has the following characteristics:

(i) The site must be owned, leased, or otherwise controlled by a Department-funded provider.
(ii) A Department-funded provider may have multiple service sites.
(iii) A Department-funded provider may provide both Medicaid and non-Medicaid services for which they are certified or approved at a certified site.

"Board" means the Capital Development Board.

"Community behavioral healthcare provider" includes, but is not limited to, Department-contracted prevention, intervention, or treatment care providers of services and supports for persons with mental health services, alcohol and substance abuse services, rehabilitation services, and early intervention services provided by a vendor.

For the purposes of this definition, "vendor" includes, but is not limited to, community providers, including community-based organizations that are licensed to provide prevention, intervention, or treatment services and support for persons with mental illness or substance abuse problems in this State, that comply with applicable federal, State, and local rules and statutes, including, but not limited to, the following:

(A) Federal requirements:
(1) Block Grants for Community Mental Health Services, Subpart I & III, Part B, Title XIX, P.H.S. Act/45 CFR Part 96.
(2) Medicaid (42 U.S.C. 1396 (1996)).
(3) 42 CFR 440 (Services: General Provision) and 456 (Utilization Control) (1996).
(4) Health Insurance Portability and Accountability Act (HIPAA) as specified in 45 CFR 160.310.
(5) The Substance Abuse Prevention Block Grant Regulations (45 CFR Part 96).
(6) Program Fraud Civil Remedies Act of 1986 (45 CFR Part 79).
(7) Federal regulations regarding Opioid Maintenance Therapy (21 CFR 29) (21 CFR 1301-1307 (D.E.A.)).
(8) Federal regulations regarding Diagnostic, Screening, Prevention, and Rehabilitation Services (Medicaid) (42 CFR 440.130).
(9) Charitable Choice: Providers that qualify as religious organizations under 42 CFR 54.2(b), who comply with the Charitable Choice Regulations as set forth in 42 CFR 54.1 et seq. with regard to funds provided directly to pay for substance abuse prevention and treatment services.
(B) State requirements:
(1) 59 Ill. Adm. Code 50, Office of Inspector General Investigations of Alleged Abuse or Neglect in State-Operated Facilities and Community Agencies.
(2) (Blank).
(3) 59 Ill. Adm. Code 103, Grants.
(4) 59 Ill. Adm. Code 115, Standards and Licensure Requirements for Community-Integrated Living Arrangements.
(5) 59 Ill. Adm. Code 117, Family Assistance and Home-Based Support Programs for Persons with Mental Disabilities.
(6) 59 Ill. Adm. Code 125, Recipient Discharge/Linkage/Aftercare.
(7) 59 Ill. Adm. Code 131, Children's Mental Health Screening, Assessment and Supportive Services Program.
(8) 59 Ill. Adm. Code 132, Medicaid Community Mental Health Services Program.
(9) (Blank).
(10) 89 Ill. Adm. Code 140, Medical Payment.
(11) 89 Ill. Adm. Code 140.642, Screening Assessment for Nursing Facility and Alternative Residential Settings and Services.
(12) 89 Ill. Adm. Code 507, Audit Requirements of Illinois Department of Human Services.
(13) 89 Ill. Adm. Code 509, Fiscal/Administrative Recordkeeping and Requirements.
(14) 89 Ill. Adm. Code 511, Grants and Grant Funds Recovery.
(15) 77 Ill. Adm. Code Parts 2030, 2060, and 2090.
(16) Title 77 Illinois Administrative Code:
(a) Part 630: Maternal and Child Health Services Code.
(b) Part 635: Family Planning Services Code.
(c) Part 672: WIC Vendor Management Code.
(d) Part 2030: Award and Monitoring of Funds.
(e) Part 2200: School Based/Linked Health Centers.
(17) Title 89 Illinois Administrative Code:
(a) Section 130.200: Domestic Violence Shelter and Service Programs.
(b) Part 310: Delivery of Youth Services Funded by the Department of Human Services.
(c) Part 313: Community Services.
(d) Part 334: Administration and Funding of Community-Based Services to Youth.
(e) Part 500: Early Intervention Program.
(f) Part 501: Partner Abuse Intervention.

(18) State statutes:
(a) The Mental Health and Developmental Disabilities Code.
(b) The Community Services Act.
(c) The Mental Health and Developmental Disabilities Confidentiality Act.
(d) The Substance Use Disorder Act.
(e) The Early Intervention Services System Act.
(f) The Children and Family Services Act.
(g) The Illinois Commission on Volunteerism and Community Services Act.
(h) The Department of Human Services Act.
(i) The Domestic Violence Shelters Act.
(j) The Illinois Youthbuild Act.
(k) The Civil Administrative Code of Illinois.
(l) The Illinois Grant Funds Recovery Act.
(m) The Child Care Act of 1969.
(n) The Solicitation for Charity Act.
(o) Sections 9-1, 12-4.5 through 12-4.7, and 12-13 of the Illinois Public Aid Code .
(p) The Abused and Neglected Child Reporting Act.
(q) The Charitable Trust Act.

(C) The Provider shall be in compliance with all applicable requirements for services and service reporting as specified in the following Department manuals or handbooks:
(1) DHS/DMH Provider Manual.
(2) DHS Mental Health CSA Program Manual.
(3) DHS/DMH PAS/MH Manual.
(4) Community Forensic Services Handbook.
(5) Community Mental Health Service Definitions and Reimbursement Guide.
(6) DHS/DMH Collaborative Provider Manual.
(7) Handbook for Providers of Screening Assessment and Support Services, Chapter CMH-200 Policy and Procedures For Screening, Assessment and Support Services.
(8) DHS Division of Substance Use Prevention and Recovery:
(a) Contractual Policy Manual.
(b) Medicaid Handbook.
(c) DARTS Manual.
(9) Division of Substance Use Prevention and Recovery Best Practice Program Guidelines for Specific Populations.
(10) Division of Substance Use Prevention and Recovery Contract Program Manual.

"Community behavioral healthcare services" means any of the following:

(i) Behavioral health services, including, but not limited to, prevention, intervention, or treatment care services and support for eligible persons provided by a vendor of the Department.
(ii) Referrals to providers of medical services and other health-related services, including substance abuse and mental health services.
(iii) Patient case management services, including counseling, referral, and follow-up services, and other services designed to assist community behavioral health center patients in establishing eligibility for and gaining access to federal, State, and local programs that provide or financially support the provision of medical, social, educational, or other related services.
(iv) Services that enable individuals to use the services of the behavioral health center including outreach and transportation services and, if a substantial number of the individuals in the population are of limited English-speaking ability, the services of appropriate personnel fluent in the language spoken by a predominant number of those individuals.
(v) Education of patients and the general population served by the community behavioral health center regarding the availability and proper use of behavioral health services.
(vi) Additional behavioral healthcare services consisting of services that are appropriate to meet the health needs of the population served by the behavioral health center involved and that may include housing assistance.

"Department" means the Department of Human Services.

"Uninsured population" means persons who do not own private healthcare insurance, are not part of a group insurance plan, and are not eligible for any State or federal government-sponsored healthcare program.

30 ILCS 732/5

Amended by P.A. 103-0154,§ 165, eff. 6/30/2023.
Amended by P.A. 100-0759,§ 30, eff. 1/1/2019.
Added by P.A. 096-1380,§ 5, eff. 7/29/2010.