DHS-BEHAVIORAL HLTH SURCHARGE

Amends the Illinois Insurance Code. Beginning January 1, 2027, requires each covered entity to pay to the Department of Insurance a behavioral health emergency services covered lives assessment for deposit into the Behavioral Health Emergency Services Assessment Account within the Statewide 9-8-8 Trust Fund. Establishes requirements for the assessment and for payments from a covered entity. Grants the Department of Insurance authority to contract with a third party to obtain covered lives information, administer the assessment, and perform related audit or collection functions. Sets forth provisions concerning liability for when ownership is transferred and periodic adjustment of the assessment. Provides that the provisions concerning the behavioral health emergency services covered lives assessment may be referred to as the Preventing Crisis Cost Shifting to Medicaid Law. Sets forth provisions concerning network adequacy requirements for a health insurance issuer or health maintenance organization relating to behavioral health emergency services. Amends the State Finance Act. Creates the Behavioral Health Emergency Services Assessment Account within the Statewide 9-8-8 Trust Fund to be used solely, consistent with the specified purposes, for behavioral health emergency services and administrative costs related to implementation of the assessment provisions in the Illinois Insurance Code. Prohibits a provider or entity receiving funds attributable to the assessment under the Illinois Insurance Code from billing a covered entity for the specified behavioral health emergency services for a covered life. Requires the Department of Human Services to submit an annual report to the Governor and the General Assembly on the receipts and expenditures of the Behavioral Health Emergency Services Assessment Account. Contains a severability clause. Effective January 1, 2027.