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Illinois General Assembly· SB 2749Governor Approved

DHS-GAMBLING DISORDERS, the official text

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SB2749 Enrolled                      LRB104 16389 KTG 29778 b

1  AN ACT concerning health.

2  Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4  Section 5. The Substance Use Disorder Act is amended by

5 changing Sections 1-5, 1-10, 5-5, 5-10, 5-20, 10-10, 10-15,

6 15-10, 15-20, 20-5, 25-5, 30-5, 35-5, 35-10, 40-10, 50-5,

7 50-25, 50-30, 50-35, 50-40, 55-30, and 55-40 as follows:

8  (20 ILCS 301/1-5)

9  Sec. 1-5. Legislative declaration. Substance use and

10 gambling disorders, as defined in this Act, constitute a

11 serious public health problem. The effects on public safety

12 and the criminal justice system cause serious social and

13 economic losses, as well as great human suffering. It is

14 imperative that a comprehensive and coordinated strategy be

15 developed under the leadership of a State agency. This

16 strategy should be implemented through the facilities of

17 federal and local government and community-based agencies

18 (which may be public or private, volunteer or professional).

19 Through local prevention, early intervention, treatment, and

20 other recovery support services, this strategy should empower

21 those struggling with substance use and gambling disorders

22 (and, when appropriate, the families of those persons) to lead

23 healthy lives.
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1   The human, social, and economic benefits of preventing

2 these substance use disorders are great, and it is imperative

3 that there be interagency cooperation in the planning and

4 delivery of prevention, early intervention, treatment, and

5 other recovery support services in Illinois.

6   The provisions of this Act shall be liberally construed to

7 enable the Department to carry out these objectives and

8 purposes.

9 (Source: P.A. 100-759, eff. 1-1-19.)

10  (20 ILCS 301/1-10)

11  Sec. 1-10. Definitions. As used in this Act, unless the

12 context clearly indicates otherwise, the following words and

13 terms have the following meanings:

14  "Case management" means a coordinated approach to the

15 delivery of health and medical treatment, substance use and

16 gambling disorder treatment, mental health treatment, and

17 social services, linking patients with appropriate services to

18 address specific needs and achieve stated goals. In general,

19 case management assists patients with other disorders and

20 conditions that require multiple services over extended

21 periods of time and who face difficulty in gaining access to

22 those services.

23  "Crime of violence" means any of the following crimes:

24 murder, voluntary manslaughter, criminal sexual assault,

25 aggravated criminal sexual assault, predatory criminal sexual
    SB2749 Enrolled            -3-  LRB104 16389 KTG 29778 b

1 assault of a child, armed robbery, robbery, arson, kidnapping,

2 aggravated battery, aggravated arson, or any other felony that

3 involves the use or threat of physical force or violence

4 against another individual.

5   "Department" means the Department of Human Services.

6   "DUI" means driving under the influence of alcohol or

7 other drugs.

8   "Designated program" means a category of service

9 authorized by an intervention license issued by the Department

10 for delivery of all services as described in Article 40 in this

11 Act.

12  "Early intervention" means services, authorized by a

13 treatment license, that are sub-clinical and pre-diagnostic

14 and that are designed to screen, identify, and address risk

15 factors that may be related to problems associated with

16 substance use and gambling disorders and to assist individuals

17 in recognizing harmful consequences. Early intervention

18 services facilitate emotional and social stability and involve

19 involves referrals for treatment, as needed.

20  "Facility" means the building or premises are used for the

21 provision of licensable services, including support services,

22 as set forth by rule.

23  "Gambling" means the activity of betting or wagering on

24 uncertain outcomes, including, but not limited to, betting or

25 wagering activity regulated by the Illinois Gaming Board.

26  "Gambling disorder" means a condition characterized by a
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1 persistent and recurring pattern of problematic maladaptive

2 gambling behavior, leading to significant psychological

3 distress and impairment in health and mental functioning.

4 Classified under substance use disorders in the Diagnostic and

5 Statistical Manual of Mental Disorders, Fifth Edition (DSM-5),

6 gambling disorder shares similarities with drug abuse, as both

7 activate reward systems in the brain and produce comparable

8 behavioral symptoms that disrupts personal, family, or

9 vocational pursuits.

10  "Holds itself out" means any activity that would lead one

11 to reasonably conclude that the individual or entity provides

12 or intends to provide licensable substance-related disorder

13 intervention or treatment services. Such activities include,

14 but are not limited to, advertisements, notices, statements,

15 or contractual arrangements with managed care organizations,

16 private health insurance, or employee assistance programs to

17 provide services that require a license as specified in

18 Article 15.

19  "Informed consent" means legally valid written consent,

20 given by a client, patient, or legal guardian, that authorizes

21 intervention or treatment services from a licensed

22 organization and that documents agreement to participate in

23 those services and knowledge of the consequences of withdrawal

24 from such services. Informed consent also acknowledges the

25 client's or patient's right to a conflict-free choice of

26 services from any licensed organization and the potential
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1 risks and benefits of selected services.

2   "Intoxicated person" means a person whose mental or

3 physical functioning is substantially impaired as a result of

4 the current effects of alcohol or other drugs within the body.

5   "Medication assisted treatment" means the prescription of

6 medications that are approved by the U.S. Food and Drug

7 Administration and the Center for Substance Abuse Treatment to

8 assist with treatment for a substance use disorder and to

9 support recovery for individuals receiving services in a

10 facility licensed by the Department. Medication assisted

11 treatment includes opioid treatment services as authorized by

12 a Department license.

13  "Off-site services" means licensable services are

14 conducted at a location separate from the licensed location of

15 the provider, and services are operated by an entity licensed

16 under this Act and approved in advance by the Department.

17  "Person" means any individual, firm, group, association,

18 partnership, corporation, trust, government or governmental

19 subdivision or agency.

20  "Prevention" means an interactive process of individuals,

21 families, schools, religious organizations, communities and

22 regional, state and national organizations whose goals are to

23 reduce the prevalence of substance use and gambling disorders,

24 prevent the use of illegal drugs and the abuse of legal drugs

25 by persons of all ages, prevent the use of alcohol by minors,

26 reduce the severity of harm in gambling by persons of all ages,
    SB2749 Enrolled  -6-             LRB104 16389 KTG 29778 b

1 build the capacities of individuals and systems, and promote

2 healthy environments, lifestyles, and behaviors.

3   "Recovery" means a process of change through which

4 individuals improve their health and wellness, live a

5 self-directed life, and reach their full potential.

6   "Recovery support" means services designed to support

7 individual recovery from a substance use or gambling disorder

8 that may be delivered pre-treatment, during treatment, or post

9 treatment. These services may be delivered in a wide variety

10 of settings for the purpose of supporting the individual in

11 meeting his or her recovery support goals.

12  "Secretary" means the Secretary of the Department of Human

13 Services or his or her designee.

14  "Substance use disorder" means a spectrum of persistent

15 and recurring problematic behavior that encompasses 10

16 separate classes of drugs: alcohol; caffeine; cannabis;

17 hallucinogens; inhalants; opioids; sedatives, hypnotics and

18 anxiolytics; stimulants; and tobacco; and other unknown

19 substances leading to clinically significant impairment or

20 distress.

21  "Treatment" means the broad range of emergency,

22 outpatient, and residential care (including assessment,

23 diagnosis, case management, treatment, and recovery support

24 planning) may be extended to individuals with substance use

25 disorders and co-occurring substance use and gambling

26 disorders or to the families of those persons.
    SB2749 Enrolled    -7-               LRB104 16389 KTG 29778 b

1   "Video gaming" means the action or practice of playing

2 video games.

3   "Withdrawal management" means services designed to manage

4 intoxication or withdrawal episodes (previously referred to as

5 detoxification), interrupt the momentum of habitual,

6 compulsive substance use and begin the initial engagement in

7 medically necessary substance use disorder treatment.

8 Withdrawal management allows patients to safely withdraw from

9 substances in a controlled medically-structured environment.

10 (Source: P.A. 100-759, eff. 1-1-19.)

11  (20 ILCS 301/5-5)

12  Sec. 5-5. Successor department; home rule.

13  (a) The Department of Human Services, as successor to the

14 Department of Alcoholism and Substance Abuse, shall assume the

15 various rights, powers, duties, and functions provided for in

16 this Act.

17  (b) It is declared to be the public policy of this State,

18 pursuant to paragraphs (h) and (i) of Section 6 of Article VII

19 of the Illinois Constitution of 1970, that the powers and

20 functions set forth in this Act and expressly delegated to the

21 Department are exclusive State powers and functions. Nothing

22 herein prohibits the exercise of any power or the performance

23 of any function, including the power to regulate, for the

24 protection of the public health, safety, morals and welfare,

25 by any unit of local government, other than the powers and
    SB2749 Enrolled     -8-              LRB104 16389 KTG 29778 b

1 functions set forth in this Act and expressly delegated to the

2 Department to be exclusive State powers and functions.

3   (c) The Department shall, through accountable and

4 efficient leadership, example and commitment to excellence,

5 strive to reduce the incidence of substance use and gambling

6 disorders by:

7   (1) Fostering public understanding of substance use

8   and gambling disorders and how they affect individuals,

9   families, and communities.

10  (2) Promoting healthy lifestyles.

11  (3) Promoting understanding and support for sound

12  public policies.

13  (4) Ensuring quality prevention, early intervention,

14  treatment, and other recovery support services that are

15  accessible and responsive to the diverse needs of

16  individuals, families, and communities.

17 (Source: P.A. 100-759, eff. 1-1-19.)

18  (20 ILCS 301/5-10)

19  Sec. 5-10. Functions of the Department.

20  (a) In addition to the powers, duties and functions vested

21 in the Department by this Act, or by other laws of this State,

22 the Department shall carry out the following activities:

23  (1) Design, coordinate and fund comprehensive

24  community-based and culturally and gender-appropriate

25  services throughout the State. These services must include
    SB2749 Enrolled  -9-             LRB104 16389 KTG 29778 b

1   prevention, early intervention, treatment, and other

2   recovery support services for substance use disorders that

3   are accessible and address the needs of at-risk

4   individuals and their families.

5   (2) Act as the exclusive State agency to accept,

6   receive and expend, pursuant to appropriation, any public

7   or private monies, grants or services, including those

8   received from the federal government or from other State

9   agencies, for the purpose of providing prevention, early

10  intervention, treatment, and other recovery support

11  services for substance use and gambling disorders.

12  (2.5) In partnership with the Department of Healthcare

13  and Family Services, act as one of the principal State

14  agencies for the sole purpose of calculating the

15  maintenance of effort requirement under Section 1930 of

16  Title XIX, Part B, Subpart II of the Public Health Service

17  Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR

18  96.134).

19  (3) Coordinate a statewide strategy for the

20  prevention, early intervention, treatment, and recovery

21  support of substance use and gambling disorders. This

22  strategy shall include the development of a comprehensive

23  plan, submitted annually with the application for federal

24  substance use disorder block grant funding, for the

25  provision of an array of such services. The plan shall be

26  based on local community-based needs and upon data
    SB2749 Enrolled  - 10 - LRB104 16389 KTG 29778 b

1   including, but not limited to, that which defines the

2   prevalence of and costs associated with these substance

3   use disorders. This comprehensive plan shall include

4   identification of problems, needs, priorities, services

5   and other pertinent information, including the needs of

6   marginalized communities minorities and other specific

7   priority populations in the State, and shall describe how

8   the identified problems and needs will be addressed. For

9   purposes of this paragraph, the term "marginalized

10  communities minorities and other specific priority

11  populations" may include, but shall not be limited to,

12  groups such as women, children, persons who use

13  intravenous drugs drug users, persons with AIDS or who are

14  HIV infected, veterans, African-Americans, Puerto Ricans,

15  Hispanics, Asian Americans, the elderly, persons in the

16  criminal justice system, persons who are clients of

17  services provided by other State agencies, persons with

18  disabilities and such other specific populations as the

19  Department may from time to time identify. In developing

20  the plan, the Department shall seek input from providers,

21  parent groups, associations and interested citizens.

22  The plan developed under this Section shall include an

23  explanation of the rationale to be used in ensuring that

24  funding shall be based upon local community needs,

25  including, but not limited to, the incidence and

26  prevalence of, and costs associated with, substance use
    SB2749 Enrolled       - 11 - LRB104 16389 KTG 29778 b

1   and gambling disorders, as well as upon demonstrated

2   program performance.

3   The plan developed under this Section shall also

4   contain a report detailing the activities of and progress

5   made through services for the care and treatment of

6   substance use and gambling disorders among pregnant women

7   and mothers and their children established under

8   subsection (j) of Section 35-5.

9   As applicable, the plan developed under this Section

10  shall also include information about funding by other

11  State agencies for prevention, early intervention,

12  treatment, and other recovery support services.

13  (4) Lead, foster and develop cooperation, coordination

14  and agreements among federal and State governmental

15  agencies and local providers that provide assistance,

16  services, funding or other functions, peripheral or

17  direct, in the prevention, early intervention, treatment,

18  and recovery support for substance use and gambling

19  disorders. This shall include, but shall not be limited

20  to, the following:

21  (A) Cooperate with and assist other State

22  agencies, as applicable, in establishing and

23  conducting these substance use disorder services among

24  the populations they respectively serve.

25  (B) Cooperate with and assist the Illinois

26  Department of Public Health in the establishment,
    SB2749 Enrolled   - 12 - LRB104 16389 KTG 29778 b

1   funding and support of programs and services for the

2   promotion of maternal and child health and the

3   prevention and treatment of infectious diseases,

4   including, but not limited to, HIV infection,

5   especially with respect to those persons who are high

6   risk due to intravenous injection of illegal drugs, or

7   who may have been sexual partners of these

8   individuals, or who may have impaired immune systems

9   as a result of a substance use disorder.

10  (C) Supply to the Department of Public Health and

11  prenatal care providers a list of all providers who

12  are licensed to provide substance use and gambling

13  disorder treatment for pregnant women in this State.

14  (D) Assist in the placement of child abuse or

15  neglect perpetrators (identified by the Illinois

16  Department of Children and Family Services (DCFS)) who

17  have been determined to be in need of substance use

18  disorder treatment pursuant to Section 8.2 of the

19  Abused and Neglected Child Reporting Act.

20  (E) Cooperate with and assist DCFS in carrying out

21  its mandates to:

22                   (i) identify substance use disorders among its

23  clients and their families; and

24                   (ii) develop services to deal with such

25  disorders.

26  These services may include, but shall not be limited
    SB2749 Enrolled  - 13 - LRB104 16389 KTG 29778 b

1   to, programs to prevent or treat substance use and

2   gambling disorders with DCFS clients and their

3   families, identifying child care needs within such

4   treatment, and assistance with other issues as

5   required.

6   (F) Cooperate with and assist the Illinois

7   Criminal Justice Information Authority with respect to

8   statistical and other information concerning the

9   incidence and prevalence of substance use and gambling

10  disorders.

11  (G) Cooperate with and assist local the State

12  Superintendent of Education, boards of education,

13  schools, police departments, the Illinois State

14  Police, courts and other public and private agencies

15  and individuals in establishing substance use or

16  gambling disorder prevention programs statewide and

17  preparing instructional resources curriculum materials

18  for use at all levels of education.

19  (H) Cooperate with and assist the Illinois

20  Department of Healthcare and Family Services in the

21  development and provision of services offered to

22  recipients of public assistance for the treatment and

23  prevention of substance use and gambling disorders.

24  (H-5) Collaborate with the State Board of

25  Education to the extent the Board develops

26  instructional resources for substance use or gambling
    SB2749 Enrolled          - 14 - LRB104 16389 KTG 29778 b

1   disorder prevention and awareness that may be used by

2   school districts.

3   (I) (Blank).

4   (5) From monies appropriated to the Department from

5   the Drunk and Drugged Driving Prevention Fund, reimburse

6   DUI evaluation and risk education programs licensed by the

7   Department for providing indigent persons with free or

8   reduced-cost evaluation and risk education services

9   relating to a charge of driving under the influence of

10  alcohol or other drugs.

11  (6) Promulgate regulations to identify and disseminate

12  best practice guidelines that can be utilized by publicly

13  and privately funded programs as well as for levels of

14  payment to government funded programs that provide

15  prevention, early intervention, treatment, and other

16  recovery support services for substance use and gambling

17  disorders and those services referenced in Sections 15-10

18  and 40-5.

19  (7) In consultation with providers and related trade

20  associations, specify a uniform methodology for use by

21  funded providers and the Department for billing and

22  collection and dissemination of statistical information

23  regarding services related to substance use and gambling

24  disorders.

25  (8) Receive data and assistance from federal, State

26  and local governmental agencies, and obtain copies of
    SB2749 Enrolled  - 15 - LRB104 16389 KTG 29778 b

1   identification and arrest data from all federal, State and

2   local law enforcement agencies for use in carrying out the

3   purposes and functions of the Department.

4   (9) Designate and license providers to conduct

5   screening, assessment, referral and tracking of clients

6   identified by the criminal justice system as having

7   indications of substance use disorders and being eligible

8   to make an election for treatment under Section 40-5 of

9   this Act, and assist in the placement of individuals who

10  are under court order to participate in treatment.

11  (10) Identify and disseminate evidence-based best

12  practice guidelines as maintained in administrative rule

13  that can be utilized to determine a substance use and

14  gambling disorder diagnosis.

15  (11) (Blank).

16  (12) Make grants with funds appropriated from the Drug

17  Treatment Fund in accordance with Section 7 of the

18  Controlled Substance and Cannabis Nuisance Act, or in

19  accordance with Section 80 of the Methamphetamine Control

20  and Community Protection Act, or in accordance with

21  subsections (h) and (i) of Section 411.2 of the Illinois

22  Controlled Substances Act, or in accordance with Section

23  6z-107 of the State Finance 50-35 of this Act.

24  (13) Encourage all health and disability insurance

25  programs to include substance use and gambling disorder

26  treatment as a covered services service and to use
    SB2749 Enrolled       - 16 - LRB104 16389 KTG 29778 b

1   evidence-based best practice criteria as maintained in

2   administrative rule and as required in Public Act 99-0480

3   in determining the necessity for such services and

4   continued stay.

5   (14) Award grants and enter into fixed-rate and

6   fee-for-service arrangements with any other department,

7   authority or commission of this State, or any other state

8   or the federal government or with any public or private

9   agency, including the disbursement of funds and furnishing

10  of staff, to effectuate the purposes of this Act.

11  (15) Conduct a public information campaign to inform

12  the State's Hispanic residents regarding the prevention

13  and treatment of substance use and gambling disorders.

14  (b) In addition to the powers, duties and functions vested

15 in it by this Act, or by other laws of this State, the

16 Department may undertake, but shall not be limited to, the

17 following activities:

18  (1) Require all organizations licensed or funded by

19  the Department to include an education component to inform

20  participants regarding the causes and means of

21  transmission and methods of reducing the risk of acquiring

22  or transmitting HIV infection and other infectious

23  diseases, and to include funding for such education

24  component in its support of the program.

25  (2) Review all State agency applications for federal

26  funds that include provisions relating to the prevention,
    SB2749 Enrolled           - 17 - LRB104 16389 KTG 29778 b

1   early intervention and treatment of substance use and

2   gambling disorders in order to ensure consistency.

3   (3) Prepare, publish, evaluate, disseminate and serve

4   as a central repository for educational materials dealing

5   with the nature and effects of substance use and gambling

6   disorders. Such materials may deal with the educational

7   needs of the citizens of Illinois, and may include at

8   least pamphlets that describe the causes and effects of

9   fetal alcohol spectrum disorders.

10  (4) Develop and coordinate, with regional and local

11  agencies, education and training programs for persons

12  engaged in providing services for persons with substance

13  use and gambling disorders, which programs may include

14  specific HIV education and training for program personnel.

15  (5) Cooperate with and assist in the development of

16  education, prevention, early intervention, and treatment

17  programs for employees of State and local governments and

18  businesses in the State.

19  (6) Utilize the support and assistance of interested

20  persons in the community, including recovering persons, to

21  assist individuals and communities in understanding the

22  dynamics of substance use and gambling disorders, and to

23  encourage individuals with these substance use disorders

24  to voluntarily undergo treatment.

25  (7) Promote, conduct, assist or sponsor basic

26  clinical, epidemiological and statistical research into
    SB2749 Enrolled     - 18 - LRB104 16389 KTG 29778 b

1   substance use and gambling disorders and research into the

2   prevention of those problems either solely or in

3   conjunction with any public or private agency.

4   (8) Cooperate with public and private agencies,

5   institutions of higher education organizations, and

6   individuals in the development of programs, and to provide

7   technical assistance and consultation services for this

8   purpose.

9   (9) (Blank).

10  (10) (Blank).

11  (11) Fund, promote, or assist entities dealing with

12  substance use and gambling disorders.

13  (12) With monies appropriated from the Group Home Loan

14  Revolving Fund, make loans, directly or through

15  subcontract, to assist in underwriting the costs of

16  housing in which individuals recovering from substance use

17  or gambling disorders may reside, pursuant to Section

18  50-40 of this Act.

19  (13) Promulgate such regulations as may be necessary

20  to carry out the purposes and enforce the provisions of

21  this Act.

22  (14) Provide funding to help parents be effective in

23  preventing substance use and gambling disorders by

24  building an awareness of the family's role in preventing

25  substance use and gambling problems disorders through

26  adjusting expectations, developing new skills, and setting
    SB2749 Enrolled  - 19 - LRB104 16389 KTG 29778 b

1   positive family goals. The programs shall include, but not

2   be limited to, the following subjects: healthy family

3   communication; establishing rules and limits; how to

4   reduce family conflict; how to build self-esteem,

5   competency, and responsibility in children; how to improve

6   motivation and achievement; effective discipline; problem

7   solving techniques; healthy video gaming and play habits;

8   appropriate financial planning and investment strategies;

9   how to talk about gambling and related activities; and how

10  to talk about substance use or gambling drugs and alcohol.

11  The programs shall be open to all parents.

12  (15) Establish an Opioid Remediation Services Capital

13  Investment Grant Program. The Department may, subject to

14  appropriation and approval through the Opioid Overdose

15  Prevention and Recovery Steering Committee, after

16  recommendation by the Illinois Opioid Remediation Advisory

17  Board, and certification by the Office of the Attorney

18  General, make capital improvement grants to units of local

19  government and substance use prevention, treatment, and

20  recovery service providers addressing opioid remediation

21  in the State for approved abatement uses under the

22  Illinois Opioid Allocation Agreement. The Illinois Opioid

23  Remediation State Trust Fund shall be the source of

24  funding for the program. Eligible grant recipients shall

25  be units of local government and substance use prevention,

26  treatment, and recovery service providers that offer
    SB2749 Enrolled  - 20 - LRB104 16389 KTG 29778 b

1   facilities and services in a manner that supports and

2   meets the approved uses of the opioid settlement funds.

3   Eligible grant recipients have no entitlement to a grant

4   under this Section. The Department of Human Services may

5   consult with the Capital Development Board, the Department

6   of Commerce and Economic Opportunity, and the Illinois

7   Housing Development Authority to adopt rules to implement

8   this Section and may create a competitive application

9   procedure for grants to be awarded. The rules may specify

10  the manner of applying for grants; grantee eligibility

11  requirements; project eligibility requirements;

12  restrictions on the use of grant moneys; the manner in

13  which grantees must account for the use of grant moneys;

14  and any other provision that the Department of Human

15  Services determines to be necessary or useful for the

16  administration of this Section. Rules may include a

17  requirement for grantees to provide local matching funds

18  in an amount equal to a specific percentage of the grant.

19  No portion of an opioid remediation services capital

20  investment grant awarded under this Section may be used by

21  a grantee to pay for any ongoing operational costs or

22  outstanding debt. The Department of Human Services may

23  consult with the Capital Development Board, the Department

24  of Commerce and Economic Opportunity, and the Illinois

25  Housing Development Authority in the management and

26  disbursement of funds for capital-related projects. The
    SB2749 Enrolled     - 21 - LRB104 16389 KTG 29778 b

1   Capital Development Board, the Department of Commerce and

2   Economic Opportunity, and the Illinois Housing Development

3   Authority shall act in a consulting role only for the

4   evaluation of applicants, scoring of applicants, or

5   administration of the grant program.

6   (c) There is created within the Department of Human

7 Services an Office of Opioid Settlement Administration. The

8 Office shall be responsible for implementing and administering

9 approved abatement programs as described in Exhibit B of the

10 Illinois Opioid Allocation Agreement, effective December 30,

11 2021. The Office may also implement and administer other

12 opioid-related programs, including, but not limited to,

13 prevention, treatment, and recovery services from other funds

14 made available to the Department of Human Services. The

15 Secretary of Human Services shall appoint or assign staff as

16 necessary to carry out the duties and functions of the Office.

17 (Source: P.A. 103-8, eff. 6-7-23; 104-2, eff. 6-16-25.)

18  (20 ILCS 301/5-20)

19  Sec. 5-20. Gambling disorders.

20  (a) Subject to appropriation, the Department shall

21 establish a program for public education, research, and

22 training regarding gambling disorders and the treatment and

23 prevention of gambling disorders. Subject to specific

24 appropriation for these stated purposes, the program must

25 include all of the following:
    SB2749 Enrolled   - 22 - LRB104 16389 KTG 29778 b

1   (1) Establishment and maintenance of a toll-free

2   hotline and website "800" telephone number to provide

3   crisis counseling and referral services for to families

4   experiencing difficulty related to as a result of gambling

5   disorders.

6   (2) Promotion of public awareness regarding the

7   recognition and prevention of gambling disorders.

8   Promotion of public awareness regarding the impact of

9   gambling disorders on individuals, families, and

10  communities and the stigma that surrounds gambling

11  disorders.

12  (3) Facilitation, through in-service training,

13  promotion of professional staff credentials, and other

14  innovative means, of the availability of effective

15  assistance programs for gambling disorders.

16  (4) Conducting studies, and other innovative means, to

17  identify adults and juveniles in this State who have, or

18  who are at risk of developing, gambling disorders.

19  (5) Utilize screening, crisis intervention, treatment,

20  public awareness, prevention, in-service training, and

21  other innovative means, to decrease the incidents of

22  suicide attempts related to a gambling disorder or

23  gambling issues.

24  (b) Subject to appropriation, the Department shall either

25 establish and maintain the program or contract with a private

26 or public entity for the establishment and maintenance of the
    SB2749 Enrolled   - 23 - LRB104 16389 KTG 29778 b

1 program. Subject to appropriation, either the Department or

2 the private or public entity shall implement the hotline and

3 website toll-free telephone number, promote public awareness,

4 conduct research, support treatment and recovery services, and

5 conduct in-service training concerning gambling disorders.

6   (c) The Department shall determine a statement regarding

7 obtaining assistance with a gambling disorder which each

8 licensed gambling establishment owner shall post and each

9 master sports wagering licensee shall include on the master

10 sports wagering licensee's portal, Internet website, or

11 computer or mobile application. Subject to appropriation, the

12 Department shall produce and supply the signs with the

13 statement as specified in Section 10.7 of the Illinois Lottery

14 Law, Section 34.1 of the Illinois Horse Racing Act of 1975,

15 Section 4.3 of the Bingo License and Tax Act, Section 8.1 of

16 the Charitable Games Act, Section 25.95 of the Sports Wagering

17 Act, and Section 13.1 of the Illinois Gambling Act, and the

18 Video Gaming Act.

19  (d) Programs; gambling disorder prevention.

20  (1) The Department may establish a program to provide

21  for the production and publication, in electronic and

22  other formats, of gambling prevention, recognition,

23  treatment, and recovery literature and other public

24  education methods. The Department may develop and

25  disseminate curricula for use by professionals,

26  organizations, individuals, or committees interested in
    SB2749 Enrolled           - 24 - LRB104 16389 KTG 29778 b

1   the prevention of gambling disorders.

2   (2) The Department may provide advice to State and

3   local officials on gambling disorders, including the

4   prevalence of gambling disorders, programs treating or

5   promoting the prevention of gambling disorders, trends in

6   gambling disorder prevalence, and the relationship between

7   gaming and gambling disorders.

8   (3) The Department may support gambling disorder

9   prevention, recognition, treatment, and recovery projects

10  by facilitating the acquisition of gambling prevention

11  curriculums, providing trainings in gambling disorder

12  prevention best practices, connecting programs to health

13  care resources, establishing learning collaboratives

14  between localities and programs, and assisting programs in

15  navigating any regulatory requirements for establishing or

16  expanding such programs.

17  (4) In supporting best practices in gambling disorder

18  prevention programming, the Department may promote the

19  following programmatic elements:

20  (A) Providing funding for community-based

21  organizations to employ community health workers or

22  peer recovery specialists who are familiar with the

23  communities served and can provide culturally

24  competent services.

25  (B) Collaborating with other community-based

26  organizations, gambling treatment centers, or other
    SB2749 Enrolled  - 25 - LRB104 16389 KTG 29778 b

1   health care providers engaged in treating individuals

2   who are experiencing gambling disorder.

3   (C) Providing linkages for individuals to obtain

4   evidence-based gambling disorder treatment.

5   (D) Engaging individuals exiting jails or prisons

6   who are at a high risk of developing a gambling

7   disorder.

8   (E) Providing education and training to

9   community-based organizations who work directly with

10  individuals who are experiencing gambling disorders

11  and those individuals' families and communities.

12  (F) Providing education and training on gambling

13  disorder prevention and response to the judicial

14  system.

15  (G) Informing communities of the impact gambling

16  disorder has on suicidal ideation and suicide attempts

17  and the role health care professionals can have in

18  identifying appropriate treatment.

19  (H) Producing and distributing targeted mass media

20  materials on gambling disorder prevention and

21  response, and the potential dangers of gambling

22  related stigma.

23  (e) Grants.

24  (1) The Department may award grants, in accordance

25  with this subsection, to create or support local gambling

26  prevention, recognition, and response projects. Local
    SB2749 Enrolled        - 26 - LRB104 16389 KTG 29778 b

1   health departments, correctional institutions, hospitals,

2   universities, community-based organizations, and

3   faith-based organizations may apply to the Department for

4   a grant under this subsection at the time and in the manner

5   the Department prescribes.

6   (2) In awarding grants, the Department shall consider

7   the necessity for gambling disorder prevention projects in

8   various settings and shall encourage all grant applicants

9   to develop interventions that will be effective and viable

10  in their local areas.

11  (3) In addition to moneys appropriated by the General

12  Assembly, the Department may seek grants from private

13  foundations, the federal government, and other sources to

14  fund the grants under this Section and to fund an

15  evaluation of the programs supported by the grants.

16  (4) The Department may award grants to create or

17  support local gambling treatment programs. Such programs

18  may include prevention, early intervention, residential

19  and outpatient treatment, and recovery support services

20  for gambling disorders. Local health departments,

21  hospitals, universities, community-based organizations,

22  and faith-based organizations may apply to the Department

23  for a grant under this subsection at the time and in the

24  manner the Department prescribes.

25 (Source: P.A. 100-759, eff. 1-1-19; 101-31, eff. 6-28-19.)
    SB2749 Enrolled      - 27 - LRB104 16389 KTG 29778 b

1   (20 ILCS 301/10-10)

2   Sec. 10-10. Powers and duties of the Council. The Council

3 shall:

4         (a) Advise the Department on ways to encourage public

5   understanding and support of the Department's programs.

6         (b) Advise the Department on regulations and licensure

7   proposed by the Department.

8         (c) Advise the Department in the formulation,

9   preparation, and implementation of the annual plan

10  submitted with the federal Substance Use Disorder Block

11  Grant application for prevention, early intervention,

12  treatment, and other recovery support services for

13  substance use and gambling disorders.

14        (d) Advise the Department on implementation of

15  substance use and gambling disorder education and

16  prevention programs throughout the State.

17        (e) Assist with incorporating into the annual plan

18  submitted with the federal Substance Use Disorder Block

19  Grant application, planning information specific to

20  Illinois' female population. The information shall

21  contain, but need not be limited to, the types of services

22  funded, the population served, the support services

23  available, and the goals, objectives, proposed methods of

24  achievement, service projections and cost estimate for the

25  upcoming year.

26        (f) Perform other duties as requested by the
    SB2749 Enrolled      - 28 - LRB104 16389 KTG 29778 b

1   Secretary.

2   (g) Advise the Department in the planning,

3   development, and coordination of programs among all

4   agencies and departments of State government, including

5   programs to reduce substance use and gambling disorders,

6   prevent the misuse of illegal and legal drugs by persons

7   of all ages, prevent gambling and gaming by minors and

8   prevent the use of alcohol by minors.

9   (h) Promote and encourage participation by the private

10  sector, including business, industry, labor, and the

11  media, in programs to prevent substance use and gambling

12  disorders.

13  (i) Encourage the implementation of programs to

14  prevent substance use and gambling disorders in the public

15  and private schools and educational institutions.

16  (j) Gather information, conduct hearings, and make

17  recommendations to the Secretary concerning additions,

18  deletions, or rescheduling of substances under the

19  Illinois Controlled Substances Act.

20  (k) Report as requested to the General Assembly

21  regarding the activities and recommendations made by the

22  Council.

23 (Source: P.A. 100-759, eff. 1-1-19.)

24  (20 ILCS 301/10-15)

25  Sec. 10-15. Qualification and appointment of members. The
    SB2749 Enrolled          - 29 - LRB104 16389 KTG 29778 b

1 membership of the Illinois Advisory Council may, as needed,

2 consist of:

3   (a) A State's Attorney designated by the President of

4   the Illinois State's Attorneys Association.

5   (b) A judge designated by the Chief Justice of the

6   Illinois Supreme Court.

7   (c) A Public Defender appointed by the President of

8   the Illinois Public Defender Association.

9   (d) A local law enforcement officer appointed by the

10  Governor.

11  (e) A labor representative appointed by the Governor.

12  (f) An educator appointed by the Governor.

13  (g) A physician licensed to practice medicine in all

14  its branches appointed by the Governor with due regard for

15  the appointee's knowledge of the field of substance use

16  disorders.

17  (h) 4 members of the Illinois House of

18  Representatives, 2 each appointed by the Speaker and

19  Minority Leader.

20  (i) 4 members of the Illinois Senate, 2 each appointed

21  by the President and Minority Leader.

22  (j) The Chief Executive Officer of the Illinois

23  Association for Behavioral Health or his or her designee.

24  (k) An advocate for the needs of youth appointed by

25  the Governor.

26  (l) The President of the Illinois State Medical
    SB2749 Enrolled          - 30 - LRB104 16389 KTG 29778 b

1   Society or his or her designee.

2   (m) The President of the Illinois Hospital Association

3   or his or her designee.

4   (n) The President of the Illinois Nurses Association

5   or a registered nurse designated by the President.

6   (o) The President of the Illinois Pharmacists

7   Association or a licensed pharmacist designated by the

8   President.

9   (p) The President of the Illinois Chapter of the

10  Association of Labor-Management Administrators and

11  Consultants on Alcoholism.

12  (p-1) The Chief Executive Officer of the Community

13  Behavioral Healthcare Association of Illinois or his or

14  her designee.

15  (q) The Attorney General or his or her designee.

16  (r) The State Comptroller or his or her designee.

17  (s) 20 public members, 8 appointed by the Governor, 3

18  of whom shall be representatives of substance use and

19  gambling disorder treatment programs and one of whom shall

20  be a representative of a manufacturer or importing

21  distributor of alcoholic liquor licensed by the State of

22  Illinois, and 3 public members appointed by each of the

23  President and Minority Leader of the Senate and the

24  Speaker and Minority Leader of the House.

25  (t) The Director, Secretary, or other chief

26  administrative officer, ex officio, or his or her
    SB2749 Enrolled  - 31 - LRB104 16389 KTG 29778 b

1   designee, of each of the following: the Department on

2   Aging, the Department of Children and Family Services, the

3   Department of Corrections, the Department of Juvenile

4   Justice, the Department of Healthcare and Family Services,

5   the Department of Revenue, the Department of Public

6   Health, the Department of Financial and Professional

7   Regulation, the Illinois State Police, the Administrative

8   Office of the Illinois Courts, the Criminal Justice

9   Information Authority, and the Department of

10  Transportation.

11  (u) Each of the following, ex officio, or his or her

12  designee: the Secretary of State, the State Superintendent

13  of Education, and the Chairman of the Board of Higher

14  Education.

15  The public members may not be officers or employees of the

16 executive branch of State government; however, the public

17 members may be officers or employees of a State college or

18 university or of any law enforcement agency. In appointing

19 members, due consideration shall be given to the experience of

20 appointees in the fields of medicine, law, prevention,

21 correctional activities, and social welfare. Vacancies in the

22 public membership shall be filled for the unexpired term by

23 appointment in like manner as for original appointments, and

24 the appointive members shall serve until their successors are

25 appointed and have qualified. Vacancies among the public

26 members appointed by the legislative leaders shall be filled
    SB2749 Enrolled      - 32 - LRB104 16389 KTG 29778 b

1 by the leader of the same house and of the same political party

2 as the leader who originally appointed the member.

3   Each non-appointive member may designate a representative

4 to serve in his place by written notice to the Department. All

5 General Assembly members shall serve until their respective

6 successors are appointed or until termination of their

7 legislative service, whichever occurs first. The terms of

8 office for each of the members appointed by the Governor shall

9 be for 3 years, except that of the members first appointed, 3

10 shall be appointed for a term of one year, and 4 shall be

11 appointed for a term of 2 years. The terms of office of each of

12 the public members appointed by the legislative leaders shall

13 be for 2 years.

14 (Source: P.A. 102-538, eff. 8-20-21.)

15  (20 ILCS 301/15-10)

16  Sec. 15-10. Licensure categories and services. No person

17 or program may provide the services or conduct the activities

18 described in this Section without first obtaining a license

19 therefor from the Department, unless otherwise exempted under

20 this Act. The Department shall, by rule, provide requirements

21 for each of the following types of licenses and categories of

22 service:

23  (a) Treatment: Categories of service authorized by a

24  treatment license are Early Intervention, Outpatient,

25  Intensive Outpatient/Partial Hospitalization, Subacute
    SB2749 Enrolled  - 33 - LRB104 16389 KTG 29778 b

1   Residential/Inpatient, and Withdrawal Management.

2   Medication assisted treatment that includes methadone used

3   for an opioid use disorder can be licensed as an adjunct to

4   any of the treatment levels of care specified in this

5   Section. Treatment for a gambling disorder, as defined in

6   Section 1-10 and in accordance with standards developed by

7   the Department may also be added as an adjunct to any of

8   the treatment levels of care as defined in this Section.

9   (b) Intervention: Categories of service authorized by

10  an intervention license are DUI Evaluation, DUI Risk

11  Education, Designated Program, and Recovery Homes for

12  persons in any stage of recovery from a substance use

13  disorder. Gambling disorder, as defined in Section 1-10

14  and in accordance with standards developed by the

15  Department, may also be added as an adjunct to a recovery

16  home intervention license. Harm reduction is another

17  service authorized by an intervention licensure that can

18  be issued if and when legal authorization is adopted to

19  allow for this service and upon adoption of administrative

20  or funding rules that govern the delivery of the service.

21  The Department may, under procedures established by rule

22 and upon a showing of good cause for such, exempt off-site

23 services from having to obtain a separate license for services

24 conducted away from the provider's licensed location.

25 (Source: P.A. 100-759, eff. 1-1-19.)
    SB2749 Enrolled       - 34 - LRB104 16389 KTG 29778 b

1   (20 ILCS 301/15-20)

2   Sec. 15-20. Fees. The Department shall charge a reasonable

3 fee, as determined by rule, for each licensure category at

4 each site at which activities requiring licensure are to be

5 conducted. No fee shall be required for off-site services, or

6 for services provided by a unit of government. The Department

7 may, under procedures developed by rule, waive all or part of

8 the licensure fee which would otherwise be due from providers

9 funded by the Department. All license fees collected under

10 this Act shall be deposited into the General Revenue Fund.

11 (Source: P.A. 88-80.)

12  (20 ILCS 301/20-5)

13  Sec. 20-5. Development of statewide prevention system.

14  (a) The Department shall develop and implement a

15 comprehensive, statewide, community-based strategy to reduce

16 substance use and gambling disorders and prevent the misuse of

17 illegal and legal drugs by persons of all ages, and to prevent

18 the use of alcohol by minors. The system created to implement

19 this strategy shall be based on the premise that coordination

20 among and integration between all community and governmental

21 systems will facilitate effective and efficient program

22 implementation and utilization of existing resources.

23  (b) The statewide system developed under this Section may

24 be adopted by administrative rule or funded as a grant award

25 condition and shall be responsible for:
    SB2749 Enrolled  - 35 - LRB104 16389 KTG 29778 b

1   (1) Providing programs and technical assistance to

2   improve the ability of Illinois communities and schools to

3   develop, implement and evaluate prevention programs.

4   (2) Initiating and fostering continuing cooperation

5   among the Department, Department-funded prevention

6   programs, other community-based prevention providers and

7   other State, regional, or local systems or agencies that

8   have an interest in substance use disorder prevention.

9   (c) In developing, implementing, and advocating for this

10 statewide strategy and system, the Department may engage in,

11 but shall not be limited to, the following activities:

12  (1) Establishing and conducting programs to provide

13  awareness and knowledge of the nature and extent of

14  substance use and gambling disorders and their effect on

15  individuals, families, and communities.

16  (2) Conducting or providing prevention skill building

17  or education through the use of structured experiences.

18  (3) Developing, supporting, and advocating with new

19  and existing local community coalitions or

20  neighborhood-based grassroots networks using action

21  planning and collaborative systems to initiate change

22  regarding substance use and gambling disorders in their

23  communities.

24  (4) Encouraging, supporting, and advocating for

25  programs and activities that emphasize alcohol-free and

26  other drug-free lifestyles.
    SB2749 Enrolled  - 36 - LRB104 16389 KTG 29778 b

1   (5) Drafting and implementing efficient plans for the

2   use of available resources to address issues of substance

3   use and gambling disorder prevention.

4   (6) Coordinating local programs of alcoholism and

5   other drug abuse education and prevention.

6   (7) Encouraging the development of local advisory

7   councils.

8   (d) In providing leadership to this system, the Department

9 shall take into account, wherever possible, the needs and

10 requirements of local communities. The Department shall also

11 involve, wherever possible, local communities in its statewide

12 planning efforts. These planning efforts shall include, but

13 shall not be limited to, in cooperation with local community

14 representatives and Department-funded agencies, the analysis

15 and application of results of local needs assessments, as well

16 as a process for the integration of an evaluation component

17 into the system. The results of this collaborative planning

18 effort shall be taken into account by the Department in making

19 decisions regarding the allocation of prevention resources.

20  (e) Prevention programs funded in whole or in part by the

21 Department shall maintain staff whose skills, training,

22 experiences and cultural awareness demonstrably match the

23 needs of the people they are serving.

24  (f) The Department may delegate the functions and

25 activities described in subsection (c) of this Section to

26 local, community-based providers.
    SB2749 Enrolled     - 37 - LRB104 16389 KTG 29778 b

1 (Source: P.A. 100-759, eff. 1-1-19.)

2   (20 ILCS 301/25-5)

3   Sec. 25-5. Establishment of comprehensive treatment

4 system. The Department shall develop, fund and implement a

5 comprehensive, statewide, community-based system for the

6 provision of early intervention, treatment, and recovery

7 support services for persons suffering from substance use and

8 gambling disorders. The system created under this Section

9 shall be based on the premise that coordination among and

10 integration between all community and governmental systems

11 will facilitate effective and efficient program implementation

12 and utilization of existing resources.

13 (Source: P.A. 100-759, eff. 1-1-19.)

14  (20 ILCS 301/30-5)

15  Sec. 30-5. Patients' rights established.

16  (a) For purposes of this Section, "patient" means any

17 person who is receiving or has received early intervention,

18 treatment, or other recovery support services under this Act

19 or any category of service licensed as "intervention" under

20 this Act.

21  (b) No patient shall be deprived of any rights, benefits,

22 or privileges guaranteed by law, the Constitution of the

23 United States of America, or the Constitution of the State of

24 Illinois solely because of his or her status as a patient.
    SB2749 Enrolled              - 38 - LRB104 16389 KTG 29778 b

1   (c) Persons who have substance use and gambling disorders

2 who are also suffering from medical conditions shall not be

3 discriminated against in admission or treatment by any

4 hospital that receives support in any form supported in whole

5 or in part by funds appropriated to any State department or

6 agency.

7   (d) Every patient shall have impartial access to services

8 without regard to race, religion, sex, ethnicity, age, sexual

9 orientation, gender identity, marital status, or other

10 disability.

11  (e) Patients shall be permitted the free exercise of

12 religion.

13  (f) Every patient's personal dignity shall be recognized

14 in the provision of services, and a patient's personal privacy

15 shall be assured and protected within the constraints of his

16 or her individual treatment.

17  (g) Treatment services shall be provided in the least

18 restrictive environment possible.

19  (h) Each patient receiving treatment services shall be

20 provided an individual treatment plan, which shall be

21 periodically reviewed and updated as mandated by

22 administrative rule.

23  (i) Treatment shall be person-centered, meaning that every

24 patient shall be permitted to participate in the planning of

25 his or her total care and medical treatment to the extent that

26 his or her condition permits.
    SB2749 Enrolled  - 39 - LRB104 16389 KTG 29778 b

1   (j) A person shall not be denied treatment solely because

2 he or she has withdrawn from treatment against medical advice

3 on a prior occasion or had prior treatment episodes.

4   (k) The patient in residential treatment shall be

5 permitted visits by family and significant others, unless such

6 visits are clinically contraindicated.

7   (l) A patient in residential treatment shall be allowed to

8 conduct private telephone conversations with family and

9 friends unless clinically contraindicated.

10  (m) A patient in residential treatment shall be permitted

11 to send and receive mail without hindrance, unless clinically

12 contraindicated.

13  (n) A patient shall be permitted to manage his or her own

14 financial affairs unless the patient or the patient's

15 guardian, or if the patient is a minor, the patient's parent,

16 authorizes another competent person to do so.

17  (o) A patient shall be permitted to request the opinion of

18 a consultant at his or her own expense, or to request an

19 in-house review of a treatment plan, as provided in the

20 specific procedures of the provider. A treatment provider is

21 not liable for the negligence of any consultant.

22  (p) Unless otherwise prohibited by State or federal law,

23 every patient shall be permitted to obtain from his or her own

24 physician, the treatment provider, or the treatment provider's

25 consulting physician complete and current information

26 concerning the nature of care, procedures, and treatment that
    SB2749 Enrolled        - 40 - LRB104 16389 KTG 29778 b

1 he or she will receive.

2   (q) A patient shall be permitted to refuse to participate

3 in any experimental research or medical procedure without

4 compromising his or her access to other, non-experimental

5 services. Before a patient is placed in an experimental

6 research or medical procedure, the provider must first obtain

7 his or her informed written consent or otherwise comply with

8 the federal requirements regarding the protection of human

9 subjects contained in 45 CFR Part 46.

10  (r) All medical treatment and procedures shall be

11 administered as ordered by a physician and in accordance with

12 all Department rules.

13  (s) Every patient in treatment shall be permitted to

14 refuse medical treatment and to know the consequences of such

15 action. Such refusal by a patient shall free the treatment

16 licensee from the obligation to provide the treatment.

17  (t) Unless otherwise prohibited by State or federal law,

18 every patient, patient's guardian, or parent, if the patient

19 is a minor, shall be permitted to inspect and copy all clinical

20 and other records kept by the intervention or treatment

21 licensee or by his or her physician concerning his or her care

22 and maintenance. The licensee or physician may charge a

23 reasonable fee for the duplication of a record.

24  (u) No owner, licensee, administrator, employee, or agent

25 of a licensed intervention or treatment program shall abuse or

26 neglect a patient. It is the duty of any individual who becomes
    SB2749 Enrolled  - 41 - LRB104 16389 KTG 29778 b

1 aware of such abuse or neglect to report it to the Department

2 immediately.

3   (v) The licensee may refuse access to any person if the

4 actions of that person are or could be injurious to the health

5 and safety of a patient or the licensee, or if the person seeks

6 access for commercial purposes.

7   (w) All patients admitted to community-based treatment

8 facilities shall be considered voluntary treatment patients

9 and such patients shall not be contained within a locked

10 setting.

11  (x) Patients and their families or legal guardians shall

12 have the right to present complaints to the provider or the

13 Department concerning the quality of care provided to the

14 patient, without threat of discharge or reprisal in any form

15 or manner whatsoever. The complaint process and procedure

16 shall be adopted by the Department by rule. The treatment

17 provider shall have in place a mechanism for receiving and

18 responding to such complaints, and shall inform the patient

19 and the patient's family or legal guardian of this mechanism

20 and how to use it. The provider shall analyze any complaint

21 received and, when indicated, take appropriate corrective

22 action. Every patient and his or her family member or legal

23 guardian who makes a complaint shall receive a timely response

24 from the provider that substantively addresses the complaint.

25 The provider shall inform the patient and the patient's family

26 or legal guardian about other sources of assistance if the
    SB2749 Enrolled       - 42 - LRB104 16389 KTG 29778 b

1 provider has not resolved the complaint to the satisfaction of

2 the patient or the patient's family or legal guardian.

3   (y) A patient may refuse to perform labor at a program

4 unless such labor is a part of the patient's individual

5 treatment plan as documented in the patient's clinical record.

6   (z) A person who is in need of services may apply for

7 voluntary admission in the manner and with the rights provided

8 for under regulations promulgated by the Department. If a

9 person is refused admission, then staff, subject to rules

10 promulgated by the Department, shall refer the person to

11 another facility or to other appropriate services.

12  (aa) No patient shall be denied services based solely on

13 HIV status. Further, records and information governed by the

14 AIDS Confidentiality Act and the AIDS Confidentiality and

15 Testing Code (77 Ill. Adm. Code 697) shall be maintained in

16 accordance therewith.

17  (bb) Records of the identity, diagnosis, prognosis or

18 treatment of any patient maintained in connection with the

19 performance of any service or activity relating to substance

20 use and gambling disorder education, early intervention,

21 intervention, training, or treatment that is regulated,

22 authorized, or directly or indirectly assisted by any

23 Department or agency of this State or under any provision of

24 this Act shall be confidential and may be disclosed only in

25 accordance with the provisions of federal law and regulations

26 concerning the confidentiality of substance use and gambling
    SB2749 Enrolled       - 43 - LRB104 16389 KTG 29778 b

1 disorder patient records as contained in 42 U.S.C. Sections

2 290dd-2 and 42 CFR Part 2, or any successor federal statute or

3 regulation.

4   (1) The following are exempt from the confidentiality

5   protections set forth in 42 CFR Section 2.12(c):

6              (A) Veteran's Administration records.

7              (B) Information obtained by the Armed Forces.

8              (C) Information given to qualified service

9   organizations.

10             (D) Communications within a program or between a

11  program and an entity having direct administrative

12  control over that program.

13             (E) Information given to law enforcement personnel

14  investigating a patient's commission of a crime on the

15  program premises or against program personnel.

16             (F) Reports under State law of incidents of

17  suspected child abuse and neglect; however,

18  confidentiality restrictions continue to apply to the

19  records and any follow-up information for disclosure

20  and use in civil or criminal proceedings arising from

21  the report of suspected abuse or neglect.

22  (2) If the information is not exempt, a disclosure can

23  be made only under the following circumstances:

24             (A) With patient consent as set forth in 42 CFR

25  Sections 2.1(b)(1) and 2.31, and as consistent with

26  pertinent State law.
    SB2749 Enrolled  - 44 - LRB104 16389 KTG 29778 b

1   (B) For medical emergencies as set forth in 42 CFR

2   Sections 2.1(b)(2) and 2.51.

3   (C) For research activities as set forth in 42 CFR

4   Sections 2.1(b)(2) and 2.52.

5   (D) For audit evaluation activities as set forth

6   in 42 CFR Section 2.53.

7   (E) With a court order as set forth in 42 CFR

8   Sections 2.61 through 2.67.

9   (3) The restrictions on disclosure and use of patient

10  information apply whether the holder of the information

11  already has it, has other means of obtaining it, is a law

12  enforcement or other official, has obtained a subpoena, or

13  asserts any other justification for a disclosure or use

14  that is not permitted by 42 CFR Part 2. Any court orders

15  authorizing disclosure of patient records under this Act

16  must comply with the procedures and criteria set forth in

17  42 CFR Sections 2.64 and 2.65. Except as authorized by a

18  court order granted under this Section, no record referred

19  to in this Section may be used to initiate or substantiate

20  any charges against a patient or to conduct any

21  investigation of a patient.

22  (4) The prohibitions of this subsection shall apply to

23  records concerning any person who has been a patient,

24  regardless of whether or when the person ceases to be a

25  patient.

26  (5) Any person who discloses the content of any record
    SB2749 Enrolled        - 45 - LRB104 16389 KTG 29778 b

1   referred to in this Section except as authorized shall,

2   upon conviction, be guilty of a Class A misdemeanor.

3   (6) The Department shall prescribe regulations to

4   carry out the purposes of this subsection. These

5   regulations may contain such definitions, and may provide

6   for such safeguards and procedures, including procedures

7   and criteria for the issuance and scope of court orders,

8   as in the judgment of the Department are necessary or

9   proper to effectuate the purposes of this Section, to

10  prevent circumvention or evasion thereof, or to facilitate

11  compliance therewith.

12  (cc) Each patient shall be given a written explanation of

13 all the rights enumerated in this Section and a copy, signed by

14 the patient, shall be kept in every patient record. If a

15 patient is unable to read such written explanation, it shall

16 be read to the patient in a language that the patient

17 understands. A copy of all the rights enumerated in this

18 Section shall be posted in a conspicuous place within the

19 program where it may readily be seen and read by program

20 patients and visitors.

21  (dd) The program shall ensure that its staff is familiar

22 with and observes the rights and responsibilities enumerated

23 in this Section.

24  (ee) Licensed organizations shall comply with the right of

25 any adolescent to consent to treatment without approval of the

26 parent or legal guardian in accordance with the Consent by
    SB2749 Enrolled            - 46 - LRB104 16389 KTG 29778 b

1 Minors to Health Care Services Act.

2   (ff) At the point of admission for services, licensed

3 organizations must obtain written informed consent, as defined

4 in Section 1-10 and in administrative rule, from each client,

5 patient, or legal guardian.

6 (Source: P.A. 102-813, eff. 5-13-22.)

7   (20 ILCS 301/35-5)

8   Sec. 35-5. Services for pregnant women and mothers.

9   (a) In order to promote a comprehensive, statewide and

10 multidisciplinary approach to serving pregnant women and

11 mothers, including those who are minors, and their children

12 who are affected by substance use and gambling disorders, the

13 Department shall have responsibility for an ongoing exchange

14 of referral information among the following:

15  (1) those who provide medical and social services to

16  pregnant women, mothers and their children, whether or not

17  there exists evidence of a substance use and gambling

18  disorder. These include any other State-funded medical or

19  social services to pregnant women.

20  (2) providers of treatment services to women affected

21  by substance use and gambling disorders.

22  (b) (Blank).

23  (c) (Blank).

24  (d) (Blank).

25  (e) (Blank).
    SB2749 Enrolled  - 47 - LRB104 16389 KTG 29778 b

1   (f) The Department shall develop and maintain an updated

2 and comprehensive directory of licensed providers that deliver

3 treatment and intervention services. The Department shall post

4 on its website a licensed provider directory updated at least

5 quarterly.

6   (g) As a condition of any State grant or contract, the

7 Department shall require that any treatment program for women

8 with substance use disorders provide services, either by its

9 own staff or by agreement with other agencies or individuals,

10 which include but need not be limited to the following:

11  (1) coordination with any program providing case

12  management services to ensure ongoing monitoring and

13  coordination of services after the addicted woman has

14  returned home.

15  (2) coordination with medical services for individual

16  medical care of pregnant women, including prenatal care

17  under the supervision of a physician.

18  (3) coordination with child care services.

19  (h) As a condition of any State grant or contract, the

20 Department shall require that any nonresidential program

21 receiving any funding for treatment services accept women who

22 are pregnant, provided that such services are clinically

23 appropriate. Failure to comply with this subsection shall

24 result in termination of the grant or contract and loss of

25 State funding.

26  (i)(1) From funds appropriated expressly for the purposes
    SB2749 Enrolled              - 48 - LRB104 16389 KTG 29778 b

1 of this Section, the Department shall create or contract with

2 licensed, certified agencies to develop a program for the care

3 and treatment of pregnant women, mothers and their children.

4 The program shall be in Cook County in an area of high density

5 population having a disproportionate number of women with

6 substance use, gambling, and other disorders and a high infant

7 mortality rate.

8   (2) From funds appropriated expressly for the purposes of

9 this Section, the Department shall create or contract with

10 licensed, certified agencies to develop a program for the care

11 and treatment of low income pregnant women. The program shall

12 be located anywhere in the State outside of Cook County in an

13 area of high density population having a disproportionate

14 number of low income pregnant women.

15  (3) In implementing the programs established under this

16 subsection, the Department shall contract with existing

17 residential treatment or recovery homes in areas having a

18 disproportionate number of women with substance use, gambling,

19 and other disorders who need residential treatment. Priority

20 shall be given to women who:

21  (A) are pregnant, especially if they are intravenous

22  drug users,

23  (B) have minor children,

24  (C) are both pregnant and have minor children, or

25  (D) are referred by medical personnel because they

26  either have given birth to a baby with a substance use
    SB2749 Enrolled       - 49 - LRB104 16389 KTG 29778 b

1   disorder, or will give birth to a baby with a substance use

2   disorder.

3   (4) The services provided by the programs shall include

4 but not be limited to:

5   (A) individual medical care, including prenatal care,

6   under the supervision of a physician.

7   (B) temporary, residential shelter for pregnant women,

8   mothers and children when necessary.

9   (C) a range of educational or counseling services.

10  (D) comprehensive and coordinated social services,

11  including therapy groups for the treatment of substance

12  use disorders; family therapy groups; programs to develop

13  positive self-awareness; parent-child therapy; and

14  residential support groups.

15  (5) (Blank).

16 (Source: P.A. 100-759, eff. 1-1-19.)

17  (20 ILCS 301/35-10)

18  Sec. 35-10. Adolescent Family Life Program.

19  (a) The General Assembly finds and declares the following:

20  (1) In Illinois, a substantial number of babies are

21  born each year to adolescent mothers between 12 and 19

22  years of age.

23  (2) A substantial percentage of pregnant adolescents

24  have substance use disorders or live in environments in

25  which substance use disorders occur and thus are at risk
    SB2749 Enrolled         - 50 - LRB104 16389 KTG 29778 b

1   of exposing their infants to dangerous and harmful

2   circumstances.

3   (3) It is difficult to provide substance use disorder

4   counseling for adolescents in settings designed to serve

5   adults.

6   (b) To address the findings set forth in subsection (a),

7 and subject to appropriation, the Department may establish and

8 fund treatment strategies to meet the developmental, social,

9 and educational needs of high-risk pregnant adolescents and

10 shall do the following:

11  (1) To the maximum extent feasible and appropriate,

12  utilize existing services and funding rather than create

13  new, duplicative services.

14  (2) Include plans for coordination and collaboration

15  with existing perinatal substance use, gambling, and other

16  disorder services.

17  (3) Include goals and objectives for reducing the

18  incidence of high-risk pregnant adolescents.

19  (4) Be culturally and linguistically appropriate to

20  the population being served.

21  (5) Include staff development training by substance

22  use, gambling, and other disorder counselors.

23  As used in this Section, "high-risk pregnant adolescent"

24 means a person at least 12 but not more than 18 years of age

25 with a substance use and gambling disorder who is pregnant.

26  (c) (Blank).
    SB2749 Enrolled      - 51 - LRB104 16389 KTG 29778 b

1 (Source: P.A. 100-759, eff. 1-1-19.)

2   (20 ILCS 301/40-10)

3   Sec. 40-10. Treatment as a condition of probation.

4   (a) If a court has reason to believe that an individual who

5 is charged with or convicted of a crime suffers from a

6 substance use or gambling disorder and the court finds that he

7 or she is eligible to make the election provided for under

8 Section 40-5, the court shall advise the individual that he or

9 she may be sentenced to probation and shall be subject to terms

10 and conditions of probation under Section 5-6-3 of the Unified

11 Code of Corrections if he or she elects to participate in

12 treatment and is accepted for services by a designated

13 program. The court shall further advise the individual that:

14  (1) If he or she elects to participate in treatment

15  and is accepted he or she shall be sentenced to probation

16  and placed under the supervision of the designated program

17  for a period not to exceed the maximum sentence that could

18  be imposed for his or her conviction or 5 years, whichever

19  is less.

20  (2) During probation he or she may be treated at the

21  discretion of the designated program.

22  (3) If he or she adheres to the requirements of the

23  designated program and fulfills the other conditions of

24  probation ordered by the court, he or she will be

25  discharged, but any failure to adhere to the requirements
   SB2749 Enrolled  - 52 - LRB104 16389 KTG 29778 b

1  of the designated program is a breach of probation.

2  The court may require an individual to obtain treatment

3 while on probation under the supervision of a designated

4 program and probation authorities regardless of the election

5 of the individual if the assessment, as specified in

6 subsection (b), indicates that such treatment is medically

7 necessary.

8  (b) If the individual elects to undergo treatment or is

9 required to obtain treatment, the court shall order an

10 assessment by a designated program to determine whether he or

11 she suffers from a substance use or gambling disorder and is

12 likely to be rehabilitated through treatment. The designated

13 program shall report to the court the results of the

14 assessment and, if treatment is determined medically

15 necessary, indicate the diagnosis and the recommended initial

16 level of care. If the court, on the basis of the report and

17 other information, finds that such an individual suffers from

18 a substance use disorder and is likely to be rehabilitated

19 through treatment, the individual shall be placed on probation

20 and under the supervision of a designated program for

21 treatment and under the supervision of the proper probation

22 authorities for probation supervision unless, giving

23 consideration to the nature and circumstances of the offense

24 and to the history, character, and condition of the

25 individual, the court is of the opinion that no significant

26 relationship exists between the substance use disorder of the
    SB2749 Enrolled  - 53 - LRB104 16389 KTG 29778 b

1 individual and the crime committed, or that his or her

2 imprisonment or periodic imprisonment is necessary for the

3 protection of the public, and the court specifies on the

4 record the particular evidence, information, or other reasons

5 that form the basis of such opinion. However, under no

6 circumstances shall the individual be placed under the

7 supervision of a designated program for treatment before the

8 entry of a judgment of conviction.

9   (c) If the court, on the basis of the report or other

10 information, finds that the individual suffering from a

11 substance use disorder is not likely to be rehabilitated

12 through treatment, or that his or her substance use disorder

13 and the crime committed are not significantly related, or that

14 his or her imprisonment or periodic imprisonment is necessary

15 for the protection of the public, the court shall impose

16 sentence as in other cases. The court may require such

17 progress reports on the individual from the probation officer

18 and designated program as the court finds necessary. Case

19 management services, as defined in this Act and as further

20 described by rule, shall also be delivered by the designated

21 program. No individual may be placed under treatment

22 supervision unless a designated program accepts him or her for

23 treatment.

24  (d) Failure of an individual placed on probation and under

25 the supervision of a designated program to observe the

26 requirements set down by the designated program shall be
    SB2749 Enrolled       - 54 - LRB104 16389 KTG 29778 b

1 considered a probation violation. Such failure shall be

2 reported by the designated program to the probation officer in

3 charge of the individual and treated in accordance with

4 probation regulations.

5   (e) Upon successful fulfillment of the terms and

6 conditions of probation the court shall discharge the person

7 from probation. If the person has not previously been

8 convicted of any felony offense and has not previously been

9 granted a vacation of judgment under this Section, upon

10 motion, the court shall vacate the judgment of conviction and

11 dismiss the criminal proceedings against him or her unless,

12 having considered the nature and circumstances of the offense

13 and the history, character and condition of the individual,

14 the court finds that the motion should not be granted. Unless

15 good cause is shown, such motion to vacate must be filed at any

16 time from the date of the entry of the judgment to a date that

17 is not more than 60 days after the discharge of the probation.

18 (Source: P.A. 99-574, eff. 1-1-17; 100-759, eff. 1-1-19.)

19  (20 ILCS 301/50-5)

20  Sec. 50-5. Prevention and Treatment of Alcoholism and

21 Substance Abuse Block Grant Fund. Monies received from the

22 federal government under the Block Grant for the Prevention

23 and Treatment of Alcoholism and Substance Abuse shall be

24 deposited into the Prevention and Treatment of Alcoholism and

25 Substance Abuse Block Grant Fund which is hereby created as a
   SB2749 Enrolled      - 55 - LRB104 16389 KTG 29778 b

1 special federal trust fund in the State treasury. Monies in
2 this fund shall be appropriated to the Department and expended
3 for the purposes and activities specified by federal law or
4 regulation.
5 (Source: P.A. 104-2, eff. 6-16-25.)

6  (20 ILCS 301/50-25)

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

8  Sec. 50-25. Youth Alcoholism and Substance Abuse

9 Prevention Fund. There is hereby created in the State treasury

10 a special Fund to be known as the Youth Alcoholism and

11 Substance Abuse Prevention Fund. Monies in this Fund shall be

12 appropriated to the Department and expended for the purpose of

13 helping support and establish community-based alcohol and

14 other drug abuse prevention programs. On June 30, 2026, or as

15 soon thereafter as practical, the State Comptroller shall

16 direct and the State Treasurer shall transfer the remaining

17 balance from the Youth Alcoholism and Substance Abuse

18 Prevention Fund into the General Revenue Fund. Upon completion

19 of the transfer, the Youth Alcoholism and Substance Abuse

20 Prevention Fund is dissolved, and any future deposits due to

21 that Fund and any outstanding obligations or liabilities of

22 that Fund shall pass to the General Revenue Fund. This Section

23 is repealed on January 1, 2027.

24 (Source: P.A. 104-2, eff. 6-16-25.)
    SB2749 Enrolled      - 56 - LRB104 16389 KTG 29778 b

1   (20 ILCS 301/50-30)

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

3   Sec. 50-30. Youth Drug Abuse Prevention Fund.

4   (a) There is hereby established the Youth Drug Abuse

5 Prevention Fund, to be held as a separate fund in the State

6 treasury. Monies in this fund shall be appropriated to the

7 Department and expended for grants to community-based agencies

8 or non-profit organizations providing residential or

9 nonresidential treatment or prevention programs or any

10 combination thereof.

11  (b) (Blank).

12  (b-5) There shall be deposited into the Youth Drug Abuse

13 Prevention Fund such monies as may be received under the

14 income tax checkoff provided for in subsection (b) of this

15 Section. There shall also be deposited into this fund such

16 monies as may be received under:

17  (1) subsection (a) of Section 10.2 of the Cannabis

18  Control Act;

19  (2) subsection (a) of Section 413 of the Illinois

20  Controlled Substances Act;

21  (3) subsection (a) of Section 5.2 of the Narcotics

22  Profit Forfeiture Act; or

23  (4) Section 5-9-1.2 of the Unified Code of

24  Corrections.

25  (c) (Blank). On June 30, 2026, or as soon thereafter as

26 practical, the State Comptroller shall direct and the State
    SB2749 Enrolled      - 57 - LRB104 16389 KTG 29778 b

1 Treasurer shall transfer the remaining balance from the Youth

2 Drug Abuse Prevention Fund into the Drug Treatment Fund. Upon

3 completion of the transfer, the Youth Drug Abuse Prevention

4 Fund is dissolved, and any future deposits due to that Fund and

5 any outstanding obligations or liabilities of that Fund shall

6 pass to the Drug Treatment Fund.

7   (d) (Blank). This Section is repealed on January 1, 2027.

8 (Source: P.A. 104-2, eff. 6-16-25.)

9   (20 ILCS 301/50-35)

10  Sec. 50-35. Drug Treatment Fund.

11  (a) There is hereby established the Drug Treatment Fund,

12 to be held as a separate fund in the State treasury. There

13 shall be deposited into this fund such amounts as may be

14 received under subsections (h) and (i) of Section 411.2 of the

15 Illinois Controlled Substances Act, under Section 80 of the

16 Methamphetamine Control and Community Protection Act, and

17 under Section 7 of the Controlled Substance and Cannabis

18 Nuisance Act, or under Section 6z-107 of the State Finance

19 Act. The Drug Treatment Fund is hereby established as a

20 special fund within the State treasury. There shall be

21 deposited into this fund such amounts as may be provided by

22 law.

23  (b) Monies in this fund shall be appropriated to the

24 Department for the purposes and activities set forth in

25 subsections (h) and (i) of Section 411.2 of the Illinois
    SB2749 Enrolled      - 58 - LRB104 16389 KTG 29778 b

1 Controlled Substances Act, or in Section 7 of the Controlled
2 Substance and Cannabis Nuisance Act, or in Section 6z-107 of
3 the State Finance Act. Moneys in this fund shall be
4 appropriated to the Department for grants to community-based
5 agencies or nonprofit organizations providing residential or
6 nonresidential treatment or prevention programs or any
7 combination of those programs or as otherwise provided by law.
8 (Source: P.A. 104-2, eff. 6-16-25.)

9   (20 ILCS 301/50-40)

10  Sec. 50-40. Group Home Loan Revolving Fund.

11  (a) There is hereby established the Group Home Loan

12 Revolving Fund, referred to in this Section as the "fund", to

13 be held as a separate fund within the State Treasury. Monies in

14 this fund shall be appropriated to the Department on a

15 continuing annual basis. With these funds, the Department

16 shall, directly or through subcontract, make loans to assist

17 in underwriting the costs of housing in which there may reside

18 individuals who are recovering from substance use or gambling

19 disorders, and who are seeking an alcohol-free or drug-free or

20 gambling free environment in which to live. Consistent with

21 federal law and regulation, the Department may establish

22 guidelines for approving the use and management of monies

23 loaned from the fund, the operation of group homes receiving

24 loans under this Section and the repayment of monies loaned.

25  (b) There shall be deposited into the fund such amounts
    SB2749 Enrolled         - 59 - LRB104 16389 KTG 29778 b

1 including, but not limited to:

2   (1) All receipts, including principal and interest

3   payments and royalties, from any applicable loan agreement

4   made from the fund.

5   (2) All proceeds of assets of whatever nature received

6   by the Department as a result of default or delinquency

7   with respect to loan agreements made from the fund,

8   including proceeds from the sale, disposal, lease or

9   rental of real or personal property that the Department

10  may receive as a result thereof.

11  (3) Any direct appropriations made by the General

12  Assembly, or any gifts or grants made by any person to the

13  fund.

14  (4) Any income received from interest on investments

15  of monies in the fund.

16  (c) The Treasurer may invest monies in the fund in

17 securities constituting obligations of the United States

18 government, or in obligations the principal of and interest on

19 which are guaranteed by the United States government, or in

20 certificates of deposit of any State or national bank which

21 are fully secured by obligations guaranteed as to principal

22 and interest by the United States government.

23 (Source: P.A. 100-759, eff. 1-1-19.)

24  (20 ILCS 301/55-30)

25  Sec. 55-30. Rate increase.
    SB2749 Enrolled             - 60 - LRB104 16389 KTG 29778 b

1   (a) The Department shall by rule develop the increased

2 rate methodology and annualize the increased rate beginning

3 with State fiscal year 2018 contracts to licensed providers of

4 community-based substance use disorder intervention or

5 treatment, based on the additional amounts appropriated for

6 the purpose of providing a rate increase to licensed

7 providers. The Department shall adopt rules, including

8 emergency rules under subsection (y) of Section 5-45 of the

9 Illinois Administrative Procedure Act, to implement the

10 provisions of this Section.

11  (b) (Blank).

12  (c) Beginning on July 1, 2022, the Division of Substance

13 Use Prevention and Recovery shall increase reimbursement rates

14 for all community-based substance use disorder treatment and

15 intervention services by 47%, including, but not limited to,

16 all of the following:

17  (1) Admission and Discharge Assessment.

18  (2) Level 1 (Individual).

19  (3) Level 1 (Group).

20  (4) Level 2 (Individual).

21  (5) Level 2 (Group).

22  (6) Case Management.

23  (7) Psychiatric Evaluation.

24  (8) Medication Assisted Recovery.

25  (9) Community Intervention.

26  (10) Early Intervention (Individual).
    SB2749 Enrolled             - 61 - LRB104 16389 KTG 29778 b

1        (11) Early Intervention (Group).

2   Beginning in State Fiscal Year 2023, and every State

3 fiscal year thereafter, reimbursement rates for those

4 community-based substance use disorder treatment and

5 intervention services shall be adjusted upward by an amount

6 equal to the Consumer Price Index-U from the previous year,

7 not to exceed 2% in any State fiscal year. If there is a

8 decrease in the Consumer Price Index-U, rates shall remain

9 unchanged for that State fiscal year. The Department shall

10 adopt rules, including emergency rules in accordance with the

11 Illinois Administrative Procedure Act, to implement the

12 provisions of this Section.

13  As used in this Section, "Consumer Price Index-U" means

14 the index published by the Bureau of Labor Statistics of the

15 United States Department of Labor that measures the average

16 change in prices of goods and services purchased by all urban

17 consumers, United States city average, all items, 1982-84 =

18 100.

19  (d) Beginning on January 1, 2024, subject to federal

20 approval, the Division of Substance Use Prevention and

21 Recovery shall increase reimbursement rates for all ASAM level

22 3 residential/inpatient substance use disorder treatment and

23 intervention services by 30%, including, but not limited to,

24 the following services:

25       (1) ASAM level 3.5 Clinically Managed High-Intensity

26  Residential Services for adults;
    SB2749 Enrolled             - 62 - LRB104 16389 KTG 29778 b

1   (2) ASAM level 3.5 Clinically Managed Medium-Intensity

2   Residential Services for adolescents;

3   (3) ASAM level 3.2 Clinically Managed Residential

4   Withdrawal Management;

5   (4) ASAM level 3.7 Medically Monitored Intensive

6   Inpatient Services for adults and Medically Monitored

7   High-Intensity Inpatient Services for adolescents; and

8   (5) ASAM level 3.1 Clinically Managed Low-Intensity

9   Residential Services for adults and adolescents.

10  (e) Beginning in State fiscal year 2025, and every State

11 fiscal year thereafter, reimbursement rates for licensed or

12 certified substance use disorder treatment providers of ASAM

13 Level 3 residential/inpatient services for persons with

14 substance use disorders shall be adjusted upward by an amount

15 equal to the Consumer Price Index-U from the previous year,

16 not to exceed 2% in any State fiscal year. If there is a

17 decrease in the Consumer Price Index-U, rates shall remain

18 unchanged for that State fiscal year. The Department shall

19 adopt rules, including emergency rules, in accordance with the

20 Illinois Administrative Procedure Act, to implement the

21 provisions of this Section.

22 (Source: P.A. 102-699, eff. 4-19-22; 103-102, eff. 6-16-23;

23 103-588, eff. 6-5-24.)

24  (20 ILCS 301/55-40)

25  Sec. 55-40. Recovery residences.
    SB2749 Enrolled  - 63 - LRB104 16389 KTG 29778 b

1   (a) As used in this Section, "recovery residence" means a

2 recovery-oriented, gambling free sober, safe, and healthy

3 living environment that promotes recovery from alcohol and

4 other drug use, gambling disorder, and associated problems.

5 These residences are not subject to Department licensure as

6 they are viewed as independent living residences that only

7 provide peer support and a lengthened exposure to the culture

8 of recovery.

9   (b) The Department shall develop and maintain an online

10 registry for recovery residences that operate in Illinois to

11 serve as a resource for individuals seeking continued recovery

12 assistance.

13  (c) Non-licensable recovery residences are encouraged to

14 register with the Department and the registry shall be

15 publicly available through online posting.

16  (d) The registry shall indicate any accreditation,

17 certification, or licensure that each recovery residence has

18 received from an entity that has developed uniform national

19 standards. The registry shall also indicate each recovery

20 residence's location in order to assist providers and

21 individuals in finding alcohol and drug free housing options

22 with like-minded residents who are committed to a

23 recovery-oriented life alcohol and drug free living.

24  (e) Registrants are encouraged to seek national

25 accreditation from any entity that has developed uniform State

26 or national standards for recovery residences.
   SB2749 Enrolled  - 64 - LRB104 16389 KTG 29778 b

1  (f) The Department shall include a disclaimer on the

2 registry that states that the recovery residences are not

3 regulated by the Department and their listing is provided as a

4 resource but not as an endorsement by the State.

5 (Source: P.A. 100-1062, eff. 1-1-19; 101-81, eff. 7-12-19.)

6  Section 99. Effective date. This Act takes effect upon

7 becoming law.
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