HB 5368

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Full Text of HB5368
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	HB5368 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5368
Introduced 2/10/2026, by Rep. Daniel Didech
SYNOPSIS AS INTRODUCED:
See Index
Amends the Substance Use Disorder Act. Requires the Department of Human Services to collaborate with the State Board of Education to the extent the Board develops instructional resources for substance use or gambling disorder prevention and awareness that may be used by school districts. Permits the Department to provide funding programs for parents on healthy gaming and play habits; appropriate financial planning and investment strategies; how to talk about gambling and related activities; and how to talk about substance use or gambling. In provisions requiring the Department to establish a public education, research, and training program regarding gambling disorders, expands the scope of the program by requiring that the program utilize screening, crisis intervention, treatment, public awareness, prevention, in-service training, and other innovative means, to decrease the incidents of suicide attempts related to a gambling disorder or gambling issues. Permits the Department to establish a program to provide for the production and publication, in electronic and other formats, of gambling prevention, recognition, treatment, and recovery literature and other public education methods. Permits the Department to support gambling disorder prevention, recognition, treatment, and recovery projects by facilitating the acquisition of gambling prevention curriculums, providing trainings in gambling disorder prevention best practices, connecting programs to health care resources, establishing learning collaboratives between localities and programs, and assisting programs in navigating any regulatory requirements for establishing or expanding such programs. Permits the Department to award grants to create or support local gambling prevention, recognition, and response projects. Makes other changes. Effective immediately.
LRB104 20621 KTG 34116 b
A BILL FOR
		HB5368		LRB104 20621 KTG 34116 b
1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Substance Use Disorder Act is amended by
5changing Sections 1-5, 1-10, 5-5, 5-10, 5-20, 10-10, 10-15,
615-10, 15-20, 20-5, 25-5, 30-5, 35-5, 35-10, 40-10, 50-5,
750-25, 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 
10gambling disorders, as defined in this Act, constitute a
11serious public health problem. The effects on public safety
12and the criminal justice system cause serious social and
13economic losses, as well as great human suffering. It is
14imperative that a comprehensive and coordinated strategy be
15developed under the leadership of a State agency. This
16strategy should be implemented through the facilities of
17federal and local government and community-based agencies
18(which may be public or private, volunteer or professional).
19Through local prevention, early intervention, treatment, and
20other recovery support services, this strategy should empower
21those struggling with substance use and gambling disorders
22(and, when appropriate, the families of those persons) to lead
23healthy lives.
		HB5368	- 2 -	LRB104 20621 KTG 34116 b
1    The human, social, and economic benefits of preventing
2these [substance use] disorders are great, and it is imperative
3that there be interagency cooperation in the planning and
4delivery of prevention, early intervention, treatment, and
5other recovery support services in Illinois.
6    The provisions of this Act shall be liberally construed to
7enable the Department to carry out these objectives and
8purposes.
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
12context clearly indicates otherwise, the following words and
13terms have the following meanings:
14    "Case management" means a coordinated approach to the
15delivery of health and medical treatment, substance use and 
16gambling disorder treatment, mental health treatment, and
17social services, linking patients with appropriate services to
18address specific needs and achieve stated goals. In general,
19case management assists patients with other disorders and
20conditions that require multiple services over extended
21periods of time and who face difficulty in gaining access to
22those services.
23    "Crime of violence" means any of the following crimes:
24murder, voluntary manslaughter, criminal sexual assault,
25aggravated criminal sexual assault, predatory criminal sexual
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1assault of a child, armed robbery, robbery, arson, kidnapping,
2aggravated battery, aggravated arson, or any other felony that
3involves the use or threat of physical force or violence
4against another individual.
5    "Department" means the Department of Human Services.
6    "DUI" means driving under the influence of alcohol or
7other drugs.
8    "Designated program" means a category of service
9authorized by an intervention license issued by the Department
10for delivery of all services as described in Article 40 in this
11Act.
12    "Early intervention" means services, authorized by a
13treatment license, that are sub-clinical and pre-diagnostic
14and that are designed to screen, identify, and address risk
15factors that may be related to problems associated with
16substance use and gambling disorders and to assist individuals
17in recognizing harmful consequences. Early intervention
18services 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
21provision of licensable services, including support services,
22as set forth by rule.
23    "Gambling" means the activity of betting or wagering on 
24uncertain outcomes, including, but not limited to, betting or 
25wagering activity regulated by the Illinois Gaming Board.
26    "Gambling disorder" means a condition characterized by a
		HB5368	- 4 -	LRB104 20621 KTG 34116 b
1persistent and recurring pattern of problematic [maladaptive]
2gambling behavior, leading to significant psychological 
3distress and impairment in health and mental functioning. 
4Classified under substance use disorders in the Diagnostic and 
5Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), 
6gambling disorder shares similarities with drug abuse, as both 
7activate reward systems in the brain and produce comparable 
8behavioral symptoms [that disrupts personal, family, or ]
9[vocational pursuits].
10    "Holds itself out" means any activity that would lead one
11to reasonably conclude that the individual or entity provides
12or intends to provide [licensable substance-related disorder ]
13[intervention or treatment] services. Such activities include,
14but are not limited to, advertisements, notices, statements,
15or contractual arrangements with managed care organizations,
16private health insurance, or employee assistance programs to
17provide services that require a license as specified in
18Article 15.
19    "Informed consent" means legally valid written consent,
20given by a client, patient, or legal guardian, that authorizes
21intervention or treatment services from a licensed
22organization and that documents agreement to participate in
23those services and knowledge of the consequences of withdrawal
24from such services. Informed consent also acknowledges the
25client's or patient's right to a conflict-free choice of
26services from any licensed organization and the potential
		HB5368	- 5 -	LRB104 20621 KTG 34116 b
1risks and benefits of selected services.
2    "Intoxicated person" means a person whose mental or
3physical functioning is substantially impaired as a result of
4the current effects of alcohol or other drugs within the body.
5    "Medication assisted treatment" means the prescription of
6medications that are approved by the U.S. Food and Drug
7Administration and the Center for Substance Abuse Treatment to
8assist with treatment for a substance use disorder and to
9support recovery for individuals receiving services in a
10facility licensed by the Department. Medication assisted
11treatment includes opioid treatment services as authorized by
12a 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,
18partnership, corporation, trust, government or governmental
19subdivision or agency.
20    "Prevention" means an interactive process of individuals,
21families, schools, religious organizations, communities and
22regional, state and national organizations whose goals are to
23reduce the prevalence of substance use and gambling disorders,
24prevent the use of illegal drugs and the abuse of legal drugs
25by persons of all ages, prevent the use of alcohol by minors,
26reduce the severity of harm in gambling by persons of all ages,
		HB5368	- 6 -	LRB104 20621 KTG 34116 b
1build the capacities of individuals and systems, and promote
2healthy environments, lifestyles, and behaviors.
3    "Recovery" means a process of change through which
4individuals improve their health and wellness, live a
5self-directed life, and reach their full potential.
6    "Recovery support" means services designed to support
7individual recovery from a substance use or gambling disorder
8that may be delivered pre-treatment, during treatment, or post
9treatment. These services may be delivered in a wide variety
10of settings for the purpose of supporting the individual in
11meeting his or her recovery support goals.
12    "Secretary" means the Secretary of the Department of Human
13Services or his or her designee.
14    "Substance use disorder" means a spectrum of persistent
15and recurring problematic behavior that encompasses 10
16separate classes of drugs: alcohol; caffeine; cannabis;
17hallucinogens; inhalants; opioids; sedatives, hypnotics and
18anxiolytics; stimulants; and tobacco; and other unknown
19substances leading to clinically significant impairment or
20distress.
21    "Treatment" means the broad range of emergency,
22outpatient, and residential care (including assessment,
23diagnosis, case management, treatment, and recovery support
24planning) may be extended to individuals with substance use
25disorders and co-occurring substance use and gambling 
26disorders or to the families of those persons.
		HB5368	- 7 -	LRB104 20621 KTG 34116 b
1    "Video gaming" means the action or practice of playing 
2video games.
3    "Withdrawal management" means services designed to manage
4intoxication or withdrawal episodes (previously referred to as
5detoxification), interrupt the momentum of habitual,
6compulsive substance use and begin the initial engagement in
7medically necessary substance use disorder treatment.
8Withdrawal management allows patients to safely withdraw from
9substances 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
14Department of Alcoholism and Substance Abuse, shall assume the
15various rights, powers, duties, and functions provided for in
16this Act.
17    (b) It is declared to be the public policy of this State,
18pursuant to paragraphs (h) and (i) of Section 6 of Article VII
19of the Illinois Constitution of 1970, that the powers and
20functions set forth in this Act and expressly delegated to the
21Department are exclusive State powers and functions. Nothing
22herein prohibits the exercise of any power or the performance
23of any function, including the power to regulate, for the
24protection of the public health, safety, morals and welfare,
25by any unit of local government, other than the powers and
		HB5368	- 8 -	LRB104 20621 KTG 34116 b
1functions set forth in this Act and expressly delegated to the
2Department to be exclusive State powers and functions.
3    (c) The Department shall, through accountable and
4efficient leadership, example and commitment to excellence,
5strive to reduce the incidence of substance use and gambling
6disorders 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
21in the Department by this Act, or by other laws of this State,
22the 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
		HB5368	- 9 -	LRB104 20621 KTG 34116 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
		HB5368	- 10 -	LRB104 20621 KTG 34116 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
		HB5368	- 11 -	LRB104 20621 KTG 34116 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,
		HB5368	- 12 -	LRB104 20621 KTG 34116 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
		HB5368	- 13 -	LRB104 20621 KTG 34116 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 
		HB5368	- 14 -	LRB104 20621 KTG 34116 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
		HB5368	- 15 -	LRB104 20621 KTG 34116 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
		HB5368	- 16 -	LRB104 20621 KTG 34116 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
15in it by this Act, or by other laws of this State, the
16Department may undertake, but shall not be limited to, the
17following 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,
		HB5368	- 17 -	LRB104 20621 KTG 34116 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
		HB5368	- 18 -	LRB104 20621 KTG 34116 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
		HB5368	- 19 -	LRB104 20621 KTG 34116 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
		HB5368	- 20 -	LRB104 20621 KTG 34116 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
		HB5368	- 21 -	LRB104 20621 KTG 34116 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
7Services an Office of Opioid Settlement Administration. The
8Office shall be responsible for implementing and administering
9approved abatement programs as described in Exhibit B of the
10Illinois Opioid Allocation Agreement, effective December 30,
112021. The Office may also implement and administer other
12opioid-related programs, including, but not limited to,
13prevention, treatment, and recovery services from other funds
14made available to the Department of Human Services. The
15Secretary of Human Services shall appoint or assign staff as
16necessary 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
21establish a program for public education, research, and
22training regarding gambling disorders and the treatment and
23prevention of gambling disorders. Subject to specific
24appropriation for these stated purposes, the program must
25include all of the following:
		HB5368	- 22 -	LRB104 20621 KTG 34116 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
25establish and maintain the program or contract with a private
26or public entity for the establishment and maintenance of the
		HB5368	- 23 -	LRB104 20621 KTG 34116 b
1program. Subject to appropriation, either the Department or
2the private or public entity shall implement the hotline and 
3website [toll-free telephone number], promote public awareness,
4conduct research, support treatment and recovery services, and
5conduct in-service training concerning gambling disorders.
6    (c) The Department shall determine a statement regarding 
7obtaining assistance with a gambling disorder which each 
8licensed gambling establishment owner shall post and each 
9master sports wagering licensee shall include on the master 
10sports wagering licensee's portal, Internet website, or 
11computer or mobile application. Subject to appropriation, the
12Department shall produce and supply the signs with the 
13statement as specified in Section 10.7 of the Illinois Lottery
14Law, Section 34.1 of the Illinois Horse Racing Act of 1975,
15Section 4.3 of the Bingo License and Tax Act, Section 8.1 of
16the Charitable Games Act, Section 25.95 of the Sports Wagering 
17Act, [and] Section 13.1 of the Illinois Gambling Act, and the 
18Video 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 
		HB5368	- 24 -	LRB104 20621 KTG 34116 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 
		HB5368	- 25 -	LRB104 20621 KTG 34116 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 
		HB5368	- 26 -	LRB104 20621 KTG 34116 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.)
		HB5368	- 27 -	LRB104 20621 KTG 34116 b
1    (20 ILCS 301/10-10)
2    Sec. 10-10. Powers and duties of the Council. The Council
3shall:
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
		HB5368	- 28 -	LRB104 20621 KTG 34116 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
		HB5368	- 29 -	LRB104 20621 KTG 34116 b
1membership of the Illinois Advisory Council may, as needed,
2consist 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
		HB5368	- 30 -	LRB104 20621 KTG 34116 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
		HB5368	- 31 -	LRB104 20621 KTG 34116 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
16executive branch of State government; however, the public
17members may be officers or employees of a State college or
18university or of any law enforcement agency. In appointing
19members, due consideration shall be given to the experience of
20appointees in the fields of medicine, law, prevention,
21correctional activities, and social welfare. Vacancies in the
22public membership shall be filled for the unexpired term by
23appointment in like manner as for original appointments, and
24the appointive members shall serve until their successors are
25appointed and have qualified. Vacancies among the public
26members appointed by the legislative leaders shall be filled
		HB5368	- 32 -	LRB104 20621 KTG 34116 b
1by the leader of the same house and of the same political party
2as the leader who originally appointed the member.
3    Each non-appointive member may designate a representative
4to serve in his place by written notice to the Department. All
5General Assembly members shall serve until their respective
6successors are appointed or until termination of their
7legislative service, whichever occurs first. The terms of
8office for each of the members appointed by the Governor shall
9be for 3 years, except that of the members first appointed, 3
10shall be appointed for a term of one year, and 4 shall be
11appointed for a term of 2 years. The terms of office of each of
12the public members appointed by the legislative leaders shall
13be 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
17or program may provide the services or conduct the activities
18described in this Section without first obtaining a license
19therefor from the Department, unless otherwise exempted under
20this Act. The Department shall, by rule, provide requirements
21for each of the following types of licenses and categories of
22service:
23        (a) Treatment: Categories of service authorized by a
24    treatment license are Early Intervention, Outpatient,
25    Intensive Outpatient/Partial Hospitalization, Subacute
		HB5368	- 33 -	LRB104 20621 KTG 34116 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
22and upon a showing of good cause for such, exempt off-site
23services from having to obtain a separate license for services
24conducted away from the provider's licensed location.
25(Source: P.A. 100-759, eff. 1-1-19.)
		HB5368	- 34 -	LRB104 20621 KTG 34116 b
1    (20 ILCS 301/15-20)
2    Sec. 15-20. Fees. The Department shall charge a reasonable
3fee, [as] determined by rule, for each licensure category at
4each site at which activities requiring licensure are to be
5conducted. No fee shall be required for off-site services, or
6for services provided by a unit of government. The Department
7may, under procedures developed by rule, waive all or part of
8the licensure fee which would otherwise be due from providers
9funded by the Department. All license fees collected under
10this 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
15comprehensive, statewide, community-based strategy to reduce
16substance use and gambling disorders and prevent the misuse of
17illegal and legal drugs by persons of all ages, and to prevent
18the use of alcohol by minors. The system created to implement
19this strategy shall be based on the premise that coordination
20among and integration between all community and governmental
21systems will facilitate effective and efficient program
22implementation and utilization of existing resources.
23    (b) The statewide system developed under this Section may
24be adopted by administrative rule or funded as a grant award
25condition and shall be responsible for:
		HB5368	- 35 -	LRB104 20621 KTG 34116 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
10statewide strategy and system, the Department may engage in,
11but 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.
		HB5368	- 36 -	LRB104 20621 KTG 34116 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
9shall take into account, wherever possible, the needs and
10requirements of local communities. The Department shall also
11involve, wherever possible, local communities in its statewide
12planning efforts. These planning efforts shall include, but
13shall not be limited to, in cooperation with local community
14representatives and Department-funded agencies, the analysis
15and application of results of local needs assessments, as well
16as a process for the integration of an evaluation component
17into the system. The results of this collaborative planning
18effort shall be taken into account by the Department in making
19decisions regarding the allocation of prevention resources.
20    (e) Prevention programs funded in whole or in part by the
21Department shall maintain staff whose skills, training,
22experiences and cultural awareness demonstrably match the
23needs of the people they are serving.
24    (f) The Department may delegate the functions and
25activities described in subsection (c) of this Section to
26local, community-based providers.
		HB5368	- 37 -	LRB104 20621 KTG 34116 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
4system. The Department shall develop, fund and implement a
5comprehensive, statewide, community-based system for the
6provision of early intervention, treatment, and recovery
7support services for persons suffering from substance use and 
8gambling disorders. The system created under this Section
9shall be based on the premise that coordination among and
10integration between all community and governmental systems
11will facilitate effective and efficient program implementation
12and 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
17person who is receiving or has received early intervention,
18treatment, or other recovery support services under this Act
19or any category of service licensed as "intervention" under
20this Act.
21    (b) No patient shall be deprived of any rights, benefits,
22or privileges guaranteed by law, the Constitution of the
23United States of America, or the Constitution of the State of
24Illinois solely because of his or her status as a patient.
		HB5368	- 38 -	LRB104 20621 KTG 34116 b
1    (c) Persons who have substance use and gambling disorders
2who are also suffering from medical conditions shall not be
3discriminated against in admission or treatment by any
4hospital that receives support in any form supported in whole
5or in part by funds appropriated to any State department or
6agency.
7    (d) Every patient shall have impartial access to services
8without regard to race, religion, sex, ethnicity, age, sexual
9orientation, gender identity, marital status, or other
10disability.
11    (e) Patients shall be permitted the free exercise of
12religion.
13    (f) Every patient's personal dignity shall be recognized
14in the provision of services, and a patient's personal privacy
15shall be assured and protected within the constraints of his
16or her individual treatment.
17    (g) Treatment services shall be provided in the least
18restrictive environment possible.
19    (h) Each patient receiving treatment services shall be
20provided an individual treatment plan, which shall be
21periodically reviewed and updated as mandated by
22administrative rule.
23    (i) Treatment shall be person-centered, meaning that every
24patient shall be permitted to participate in the planning of
25his or her total care and medical treatment to the extent that
26his or her condition permits.
		HB5368	- 39 -	LRB104 20621 KTG 34116 b
1    (j) A person shall not be denied treatment solely because
2he or she has withdrawn from treatment against medical advice
3on a prior occasion or had prior treatment episodes.
4    (k) The patient in residential treatment shall be
5permitted visits by family and significant others, unless such
6visits are clinically contraindicated.
7    (l) A patient in residential treatment shall be allowed to
8conduct private telephone conversations with family and
9friends unless clinically contraindicated.
10    (m) A patient in residential treatment shall be permitted
11to send and receive mail without hindrance, unless clinically
12contraindicated.
13    (n) A patient shall be permitted to manage his or her own
14financial affairs unless the patient or the patient's
15guardian, or if the patient is a minor, the patient's parent,
16authorizes another competent person to do so.
17    (o) A patient shall be permitted to request the opinion of
18a consultant at his or her own expense, or to request an
19in-house review of a treatment plan, as provided in the
20specific procedures of the provider. A treatment provider is
21not liable for the negligence of any consultant.
22    (p) Unless otherwise prohibited by State or federal law,
23every patient shall be permitted to obtain from his or her own
24physician, the treatment provider, or the treatment provider's
25consulting physician complete and current information
26concerning the nature of care, procedures, and treatment that
		HB5368	- 40 -	LRB104 20621 KTG 34116 b
1he or she will receive.
2    (q) A patient shall be permitted to refuse to participate
3in any experimental research or medical procedure without
4compromising his or her access to other, non-experimental
5services. Before a patient is placed in an experimental
6research or medical procedure, the provider must first obtain
7his or her informed written consent or otherwise comply with
8the federal requirements regarding the protection of human
9subjects contained in 45 CFR Part 46.
10    (r) All medical treatment and procedures shall be
11administered as ordered by a physician and in accordance with
12all Department rules.
13    (s) Every patient in treatment shall be permitted to
14refuse medical treatment and to know the consequences of such
15action. Such refusal by a patient shall free the treatment
16licensee from the obligation to provide the treatment.
17    (t) Unless otherwise prohibited by State or federal law,
18every patient, patient's guardian, or parent, if the patient
19is a minor, shall be permitted to inspect and copy all clinical
20and other records kept by the intervention or treatment
21licensee or by his or her physician concerning his or her care
22and maintenance. The licensee or physician may charge a
23reasonable fee for the duplication of a record.
24    (u) No owner, licensee, administrator, employee, or agent
25of a licensed intervention or treatment program shall abuse or
26neglect a patient. It is the duty of any individual who becomes
		HB5368	- 41 -	LRB104 20621 KTG 34116 b
1aware of such abuse or neglect to report it to the Department
2immediately.
3    (v) The licensee may refuse access to any person if the
4actions of that person are or could be injurious to the health
5and safety of a patient or the licensee, or if the person seeks
6access for commercial purposes.
7    (w) All patients admitted to community-based treatment
8facilities shall be considered voluntary treatment patients
9and such patients shall not be contained within a locked
10setting.
11    (x) Patients and their families or legal guardians shall
12have the right to present complaints to the provider or the
13Department concerning the quality of care provided to the
14patient, without threat of discharge or reprisal in any form
15or manner whatsoever. The complaint process and procedure
16shall be adopted by the Department by rule. The treatment
17provider shall have in place a mechanism for receiving and
18responding to such complaints, and shall inform the patient
19and the patient's family or legal guardian of this mechanism
20and how to use it. The provider shall analyze any complaint
21received and, when indicated, take appropriate corrective
22action. Every patient and his or her family member or legal
23guardian who makes a complaint shall receive a timely response
24from the provider that substantively addresses the complaint.
25The provider shall inform the patient and the patient's family
26or legal guardian about other sources of assistance if the
		HB5368	- 42 -	LRB104 20621 KTG 34116 b
1provider has not resolved the complaint to the satisfaction of
2the patient or the patient's family or legal guardian.
3    (y) A patient may refuse to perform labor at a program
4unless such labor is a part of the patient's individual
5treatment plan as documented in the patient's clinical record.
6    (z) A person who is in need of services may apply for
7voluntary admission in the manner and with the rights provided
8for under regulations promulgated by the Department. If a
9person is refused admission, then staff, subject to rules
10promulgated by the Department, shall refer the person to
11another facility or to other appropriate services.
12    (aa) No patient shall be denied services based solely on
13HIV status. Further, records and information governed by the
14AIDS Confidentiality Act and the AIDS Confidentiality and
15Testing Code (77 Ill. Adm. Code 697) shall be maintained in
16accordance therewith.
17    (bb) Records of the identity, diagnosis, prognosis or
18treatment of any patient maintained in connection with the
19performance of any service or activity relating to substance
20use and gambling disorder education, early intervention,
21intervention, training, or treatment that is regulated,
22authorized, or directly or indirectly assisted by any
23Department or agency of this State or under any provision of
24this Act shall be confidential and may be disclosed only in
25accordance with the provisions of federal law and regulations
26concerning the confidentiality of substance use and gambling
		HB5368	- 43 -	LRB104 20621 KTG 34116 b
1disorder patient records as contained in 42 U.S.C. Sections
2290dd-2 and 42 CFR Part 2, or any successor federal statute or
3regulation.
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.
		HB5368	- 44 -	LRB104 20621 KTG 34116 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
		HB5368	- 45 -	LRB104 20621 KTG 34116 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
13all the rights enumerated in this Section and a copy, signed by
14the patient, shall be kept in every patient record. If a
15patient is unable to read such written explanation, it shall
16be read to the patient in a language that the patient
17understands. A copy of all the rights enumerated in this
18Section shall be posted in a conspicuous place within the
19program where it may readily be seen and read by program
20patients and visitors.
21    (dd) The program shall ensure that its staff is familiar
22with and observes the rights and responsibilities enumerated
23in this Section.
24    (ee) Licensed organizations shall comply with the right of
25any adolescent to consent to treatment without approval of the
26parent or legal guardian in accordance with the Consent by
		HB5368	- 46 -	LRB104 20621 KTG 34116 b
1Minors to Health Care Services Act.
2    (ff) At the point of admission for services, licensed
3organizations must obtain written informed consent, as defined
4in Section 1-10 and in administrative rule, from each client,
5patient, 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
10multidisciplinary approach to serving pregnant women and
11mothers, including those who are minors, and their children
12who are affected by substance use and gambling disorders, the
13Department shall have responsibility for an ongoing exchange
14of 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).
		HB5368	- 47 -	LRB104 20621 KTG 34116 b
1    (f) The Department shall develop and maintain an updated
2and comprehensive directory of licensed providers that deliver
3treatment and intervention services. The Department shall post
4on its website a licensed provider directory updated at least
5quarterly.
6    (g) As a condition of any State grant or contract, the
7Department shall require that any treatment program for women
8with substance use disorders provide services, either by its
9own staff or by agreement with other agencies or individuals,
10which 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
20Department shall require that any nonresidential program
21receiving any funding for treatment services accept women who
22are pregnant, provided that such services are clinically
23appropriate. Failure to comply with this subsection shall
24result in termination of the grant or contract and loss of
25State funding.
26    (i)(1) From funds appropriated expressly for the purposes
		HB5368	- 48 -	LRB104 20621 KTG 34116 b
1of this Section, the Department shall create or contract with
2licensed, certified agencies to develop a program for the care
3and treatment of pregnant women, mothers and their children.
4The program shall be in Cook County in an area of high density
5population having a disproportionate number of women with
6substance use, gambling, and other disorders and a high infant
7mortality rate.
8    (2) From funds appropriated expressly for the purposes of
9this Section, the Department shall create or contract with
10licensed, certified agencies to develop a program for the care
11and treatment of low income pregnant women. The program shall
12be located anywhere in the State outside of Cook County in an
13area of high density population having a disproportionate
14number of low income pregnant women.
15    (3) In implementing the programs established under this
16subsection, the Department shall contract with existing
17residential treatment or recovery homes in areas having a
18disproportionate number of women with substance use, gambling, 
19and other disorders who need residential treatment. Priority
20shall 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
		HB5368	- 49 -	LRB104 20621 KTG 34116 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
4but 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
		HB5368	- 50 -	LRB104 20621 KTG 34116 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),
7and subject to appropriation, the Department may establish and
8fund treatment strategies to meet the developmental, social,
9and educational needs of high-risk pregnant adolescents and
10shall 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"
24means a person at least 12 but not more than 18 years of age
25with a substance use and gambling disorder who is pregnant.
26    (c) (Blank).
		HB5368	- 51 -	LRB104 20621 KTG 34116 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
5is charged with or convicted of a crime suffers from a
6substance use or gambling disorder and the court finds that he
7or she is eligible to make the election provided for under
8Section 40-5, the court shall advise the individual that he or
9she may be sentenced to probation and shall be subject to terms
10and conditions of probation under Section 5-6-3 of the Unified
11Code of Corrections if he or she elects to participate in
12treatment and is accepted for services by a designated
13program. 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
		HB5368	- 52 -	LRB104 20621 KTG 34116 b
1    of the designated program is a breach of probation.
2    The court may require an individual to obtain treatment
3while on probation under the supervision of a designated
4program and probation authorities regardless of the election
5of the individual if the assessment, as specified in
6subsection (b), indicates that such treatment is medically
7necessary.
8    (b) If the individual elects to undergo treatment or is
9required to obtain treatment, the court shall order an
10assessment by a designated program to determine whether he or
11she suffers from a substance use or gambling disorder and is
12likely to be rehabilitated through treatment. The designated
13program shall report to the court the results of the
14assessment and, if treatment is determined medically
15necessary, indicate the diagnosis and the recommended initial
16level of care. If the court, on the basis of the report and
17other information, finds that such an individual suffers from
18a substance use disorder and is likely to be rehabilitated
19through treatment, the individual shall be placed on probation
20and under the supervision of a designated program for
21treatment and under the supervision of the proper probation
22authorities for probation supervision unless, giving
23consideration to the nature and circumstances of the offense
24and to the history, character, and condition of the
25individual, the court is of the opinion that no significant
26relationship exists between the substance use disorder of the
		HB5368	- 53 -	LRB104 20621 KTG 34116 b
1individual and the crime committed, or that his or her
2imprisonment or periodic imprisonment is necessary for the
3protection of the public, and the court specifies on the
4record the particular evidence, information, or other reasons
5that form the basis of such opinion. However, under no
6circumstances shall the individual be placed under the
7supervision of a designated program for treatment before the
8entry of a judgment of conviction.
9    (c) If the court, on the basis of the report or other
10information, finds that the individual suffering from a
11substance use disorder is not likely to be rehabilitated
12through treatment, or that his or her substance use disorder
13and the crime committed are not significantly related, or that
14his or her imprisonment or periodic imprisonment is necessary
15for the protection of the public, the court shall impose
16sentence as in other cases. The court may require such
17progress reports on the individual from the probation officer
18and designated program as the court finds necessary. Case
19management services, as defined in this Act and as further
20described by rule, shall also be delivered by the designated
21program. No individual may be placed under treatment
22supervision unless a designated program accepts him or her for
23treatment.
24    (d) Failure of an individual placed on probation and under
25the supervision of a designated program to observe the
26requirements set down by the designated program shall be
		HB5368	- 54 -	LRB104 20621 KTG 34116 b
1considered a probation violation. Such failure shall be
2reported by the designated program to the probation officer in
3charge of the individual and treated in accordance with
4probation regulations.
5    (e) Upon successful fulfillment of the terms and
6conditions of probation the court shall discharge the person
7from probation. If the person has not previously been
8convicted of any felony offense and has not previously been
9granted a vacation of judgment under this Section, upon
10motion, the court shall vacate the judgment of conviction and
11dismiss the criminal proceedings against him or her unless,
12having considered the nature and circumstances of the offense
13and the history, character and condition of the individual,
14the court finds that the motion should not be granted. Unless
15good cause is shown, such motion to vacate must be filed at any
16time from the date of the entry of the judgment to a date that
17is 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
21Substance Abuse Block Grant Fund. Monies received from the
22federal government under the Block Grant for the Prevention
23and Treatment of Alcoholism and Substance Abuse shall be
24deposited into the Prevention and Treatment of Alcoholism and
25Substance Abuse Block Grant Fund which is hereby created as a
		HB5368	- 55 -	LRB104 20621 KTG 34116 b
1special [federal trust] fund in the State treasury. Monies in
2this fund shall be appropriated to the Department and expended
3for the purposes and activities specified by federal law or
4regulation.
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
9Prevention Fund. There is hereby created in the State treasury
10a special Fund to be known as the Youth Alcoholism and
11Substance Abuse Prevention Fund. Monies in this Fund shall be
12appropriated to the Department and expended for the purpose of
13helping support and establish community-based alcohol and
14other 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.)
		HB5368	- 56 -	LRB104 20621 KTG 34116 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
5Prevention Fund, to be held as a separate fund in the State
6treasury. Monies in this fund shall be appropriated to the
7Department and expended for grants to community-based agencies
8or non-profit organizations providing residential or
9nonresidential treatment or prevention programs or any
10combination thereof.
11    (b) (Blank).
12    (b-5) There shall be deposited into the Youth Drug Abuse 
13Prevention Fund such monies as may be received under the 
14income tax checkoff provided for in subsection (b) of this 
15Section. There shall also be deposited into this fund such 
16monies 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 ]
		HB5368	- 57 -	LRB104 20621 KTG 34116 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, 
12to be held as a separate fund in the State treasury. There 
13shall be deposited into this fund such amounts as may be 
14received under subsections (h) and (i) of Section 411.2 of the 
15Illinois Controlled Substances Act, under Section 80 of the 
16Methamphetamine Control and Community Protection Act, and 
17under Section 7 of the Controlled Substance and Cannabis 
18Nuisance Act, or under Section 6z-107 of the State Finance 
19Act. [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 
24Department for the purposes and activities set forth in 
25subsections (h) and (i) of Section 411.2 of the Illinois 
		HB5368	- 58 -	LRB104 20621 KTG 34116 b
1Controlled Substances Act, or in Section 7 of the Controlled 
2Substance and Cannabis Nuisance Act, or in Section 6z-107 of 
3the 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
12Revolving Fund, referred to in this Section as the "fund", to
13be held as a separate fund within the State Treasury. Monies in
14this fund shall be appropriated to the Department on a
15continuing annual basis. With these funds, the Department
16shall, directly or through subcontract, make loans to assist
17in underwriting the costs of housing in which there may reside
18individuals who are recovering from substance use or gambling
19disorders, and who are seeking an alcohol-free or drug-free or 
20gambling free environment in which to live. Consistent with
21federal law and regulation, the Department may establish
22guidelines for approving the use and management of monies
23loaned from the fund, the operation of group homes receiving
24loans under this Section and the repayment of monies loaned.
25    (b) There shall be deposited into the fund such amounts
		HB5368	- 59 -	LRB104 20621 KTG 34116 b
1including, 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
17securities constituting obligations of the United States
18government, or in obligations the principal of and interest on
19which are guaranteed by the United States government, or in
20certificates of deposit of any State or national bank which
21are fully secured by obligations guaranteed as to principal
22and 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.
		HB5368	- 60 -	LRB104 20621 KTG 34116 b
1    (a) The Department shall by rule develop the increased
2rate methodology and annualize the increased rate beginning
3with State fiscal year 2018 contracts to licensed providers of
4community-based substance use disorder intervention or
5treatment, based on the additional amounts appropriated for
6the purpose of providing a rate increase to licensed
7providers. The Department shall adopt rules, including
8emergency rules under subsection (y) of Section 5-45 of the
9Illinois Administrative Procedure Act, to implement the
10provisions of this Section.
11    (b) (Blank).
12    (c) Beginning on July 1, 2022, the Division of Substance
13Use Prevention and Recovery shall increase reimbursement rates
14for all community-based substance use disorder treatment and
15intervention services by 47%, including, but not limited to,
16all 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).
		HB5368	- 61 -	LRB104 20621 KTG 34116 b
1        (11) Early Intervention (Group).
2    Beginning in State Fiscal Year 2023, and every State
3fiscal year thereafter, reimbursement rates for those
4community-based substance use disorder treatment and
5intervention services shall be adjusted upward by an amount
6equal to the Consumer Price Index-U from the previous year,
7not to exceed 2% in any State fiscal year. If there is a
8decrease in the Consumer Price Index-U, rates shall remain
9unchanged for that State fiscal year. The Department shall
10adopt rules, including emergency rules in accordance with the
11Illinois Administrative Procedure Act, to implement the
12provisions of this Section.
13    As used in this Section, "Consumer Price Index-U" means
14the index published by the Bureau of Labor Statistics of the
15United States Department of Labor that measures the average
16change in prices of goods and services purchased by all urban
17consumers, United States city average, all items, 1982-84 =
18100.
19    (d) Beginning on January 1, 2024, subject to federal
20approval, the Division of Substance Use Prevention and
21Recovery shall increase reimbursement rates for all ASAM level
223 residential/inpatient substance use disorder treatment and
23intervention services by 30%, including, but not limited to,
24the following services:
25        (1) ASAM level 3.5 Clinically Managed High-Intensity
26    Residential Services for adults;
		HB5368	- 62 -	LRB104 20621 KTG 34116 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
11fiscal year thereafter, reimbursement rates for licensed or
12certified substance use disorder treatment providers of ASAM
13Level 3 residential/inpatient services for persons with
14substance use disorders shall be adjusted upward by an amount
15equal to the Consumer Price Index-U from the previous year,
16not to exceed 2% in any State fiscal year. If there is a
17decrease in the Consumer Price Index-U, rates shall remain
18unchanged for that State fiscal year. The Department shall
19adopt rules, including emergency rules, in accordance with the
20Illinois Administrative Procedure Act, to implement the
21provisions of this Section.
22(Source: P.A. 102-699, eff. 4-19-22; 103-102, eff. 6-16-23;
23103-588, eff. 6-5-24.)
24    (20 ILCS 301/55-40)
25    Sec. 55-40. Recovery residences.
		HB5368	- 63 -	LRB104 20621 KTG 34116 b
1    (a) As used in this Section, "recovery residence" means a
2recovery-oriented, gambling free [sober], safe, and healthy
3living environment that promotes recovery from alcohol and
4other drug use, gambling disorder, and associated problems.
5These residences are not subject to Department licensure as
6they are viewed as independent living residences that only
7provide peer support and a lengthened exposure to the culture
8of recovery.
9    (b) The Department shall develop and maintain an online
10registry for recovery residences that operate in Illinois to
11serve as a resource for individuals seeking continued recovery
12assistance.
13    (c) Non-licensable recovery residences are encouraged to
14register with the Department and the registry shall be
15publicly available through online posting.
16    (d) The registry shall indicate any accreditation,
17certification, or licensure that each recovery residence has
18received from an entity that has developed uniform national
19standards. The registry shall also indicate each recovery
20residence's location in order to assist providers and
21individuals in finding [alcohol and drug free housing options ]
22[with] like-minded residents who are committed to a 
23recovery-oriented life [alcohol and drug free living].
24    (e) Registrants are encouraged to seek national
25accreditation from any entity that has developed uniform State
26or national standards for recovery residences.
		HB5368	- 64 -	LRB104 20621 KTG 34116 b
1    (f) The Department shall include a disclaimer on the
2registry that states that the recovery residences are not
3regulated by the Department and their listing is provided as a
4resource 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
7becoming law.
		HB5368	- 65 -	LRB104 20621 KTG 34116 b
1
  INDEX
2
  Statutes amended in order of appearance
3    20 ILCS 301/1-5
4    20 ILCS 301/1-10
5    20 ILCS 301/5-5
6    20 ILCS 301/5-10
7    20 ILCS 301/5-20
8    20 ILCS 301/10-10
9    20 ILCS 301/10-15
10    20 ILCS 301/15-10
11    20 ILCS 301/15-20
12    20 ILCS 301/20-5
13    20 ILCS 301/25-5
14    20 ILCS 301/30-5
15    20 ILCS 301/35-5
16    20 ILCS 301/35-10
17    20 ILCS 301/40-10
18    20 ILCS 301/50-5
19    20 ILCS 301/50-25
20    20 ILCS 301/50-30
21    20 ILCS 301/50-35
22    20 ILCS 301/50-40
23    20 ILCS 301/55-30
24    20 ILCS 301/55-40