Illinois Compiled Statutes 815 ILCS 505/2VVV – Deceptive marketing, advertising, and sale of mental health disorder …
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Deceptive marketing, advertising, and sale of mental health disorder and substance use disorder treatment.
(a) As used in this Section:
“Facility” has the meaning ascribed to that term in Section 1-10 of the Substance Use Disorder Act when used in reference to a facility that provides substance use disorder treatment. “Facility” has the same meaning as “mental health facility” under § 1-114 of the Mental Health and Developmental Disabilities Code when used in reference to a facility that provides mental health disorder treatment.
“Hospital affiliate” has the meaning ascribed to that term in § 10.8 of the Hospital Licensing Act.
“Mental health disorder” has the same meaning as “mental illness” under § 1-129 of the Mental Health and Developmental Disabilities Code.
“Program” means a licensable or fundable activity or service, or a coordinated range of such activities or services, established or licensed by the Department of Human Services.
“Substance use disorder” has the same meaning as “substance abuse” under Section 1-10 of the Substance Use Disorder Act.
“Treatment” has the meaning ascribed to that term in Section 1-10 of the Substance Use Disorder Act when used in reference to treatment for a substance use disorder. “Treatment” has the meaning ascribed to that term in § 1-128 of the Mental Health and Developmental Disabilities Code when used in reference to treatment for a mental health disorder.
(b) It is an unlawful practice for any person to engage in misleading or false advertising or promotion that misrepresents the need to seek mental health disorder or substance use disorder treatment outside of the State of Illinois.
(c) Any marketing, advertising, promotional, or sales materials directed to Illinois residents concerning mental health disorder or substance use disorder treatment must:
(1) prominently display or announce the full physical
(a) As used in this Section:
Terms Used In Illinois Compiled Statutes 815 ILCS 505/2VVV
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
“Facility” has the meaning ascribed to that term in Section 1-10 of the Substance Use Disorder Act when used in reference to a facility that provides substance use disorder treatment. “Facility” has the same meaning as “mental health facility” under § 1-114 of the Mental Health and Developmental Disabilities Code when used in reference to a facility that provides mental health disorder treatment.
“Hospital affiliate” has the meaning ascribed to that term in § 10.8 of the Hospital Licensing Act.
“Mental health disorder” has the same meaning as “mental illness” under § 1-129 of the Mental Health and Developmental Disabilities Code.
“Program” means a licensable or fundable activity or service, or a coordinated range of such activities or services, established or licensed by the Department of Human Services.
“Substance use disorder” has the same meaning as “substance abuse” under Section 1-10 of the Substance Use Disorder Act.
“Treatment” has the meaning ascribed to that term in Section 1-10 of the Substance Use Disorder Act when used in reference to treatment for a substance use disorder. “Treatment” has the meaning ascribed to that term in § 1-128 of the Mental Health and Developmental Disabilities Code when used in reference to treatment for a mental health disorder.
(b) It is an unlawful practice for any person to engage in misleading or false advertising or promotion that misrepresents the need to seek mental health disorder or substance use disorder treatment outside of the State of Illinois.
(c) Any marketing, advertising, promotional, or sales materials directed to Illinois residents concerning mental health disorder or substance use disorder treatment must:
(1) prominently display or announce the full physical
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address of the treatment program or facility;
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(2) display whether the treatment program or facility
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is licensed in the State of Illinois;
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(3) display whether the treatment program or facility
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has locations in Illinois;
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(4) display whether the services provided by the
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treatment program or facility are covered by an insurance policy issued to an Illinois resident;
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(5) display whether the treatment program or facility
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is an in-network or out-of-network provider;
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(6) include a link to the Internet website for the
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Department of Human Services’ Division of Mental Health and Division of Substance Use Prevention and Recovery, or any successor State agency that provides information regarding licensed providers of services; and
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(7) disclose that mental health disorder and
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substance use disorder treatment may be available at a reduced cost or for free for Illinois residents within the State of Illinois.
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(d) It is an unlawful practice for any person to solicit, offer, or enter into an arrangement under which a patient seeking mental health disorder or substance use disorder treatment is referred to a mental health disorder or substance use disorder treatment program or facility in exchange for a fee, a percentage of the treatment program’s or facility’s revenues that are related to the patient, or any other remuneration that takes into account the volume or value of the referrals to the treatment program or facility. Such practice shall also be considered a violation of the prohibition against fee splitting in Section 22.2 of the Medical Practice Act of 1987 and a violation of the Health Care Worker Self-Referral Act. It is not a violation of this Section for programs or facilities to enter into personal services agreements or management services agreements with third parties that do not take into account the volume or value of referrals. It is not a violation of this Section for programs or facilities to provide discounts for treatment services to clients as long as the discount is based on financial necessity in accordance with the program’s or facility’s charity care plan, regardless of referral source or reason. Compensation paid by programs or facilities to their employees and independent contractors related to identifying, locating, and securing referrals to that program or facility is not a violation of this Section if the amount of compensation provided to the employee or independent contractor does not vary based upon the volume or value of such referrals. This Section does not apply to health insurance companies, health maintenance organizations, managed care plans, or organizations, including hospitals and hospital affiliates licensed in Illinois.