PUBLIC AID-TELEHEALTH SERVICES

Illinois General Assembly - Full Text of SB3335

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3335

Introduced 2/4/2026, by Sen. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:

305 ILCS 5/5-50a new

Amends the Medical Assistance Article of the Illinois Public Aid
Code. Provides that the Department of Healthcare and Family Services shall
provide coverage under the medical assistance program for intensive
outpatient services delivered via telehealth when the services: (1) are
otherwise covered when provided in person; (2) are medically necessary;
(3) are delivered by a provider enrolled in the medical assistance program
and acting within the scope of the provider's license, certification, or
authorization under State law; and (4) comply with all applicable federal
and State telehealth requirements. Provides that intensive outpatient
services provided via telehealth shall be subject to the same coverage
requirements, utilization management, and reimbursement methodologies as
intensive outpatient services provided in person. Sets forth standards for
telehealth delivery of intensive outpatient services. Provides that
implementation of the provisions is subject to any required federal
approval. Effective immediately.
LRB104 19588 SSS 33036 b

A BILL FOR

SB3335
LRB104 19588 SSS 33036 b
1

AN ACT concerning public aid.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Public Aid Code is amended by
5
adding Section 5-50a as follows:

6

(305 ILCS 5/5-50a new)
7

Sec. 5-50a.
Telehealth delivery of intensive outpatient
8
services.
9

(a) Purpose. To ensure access to medically necessary
10
behavioral health treatment, the medical assistance program
11
shall authorize intensive outpatient services to be provided
12
via telehealth in a manner consistent with existing telehealth
13
coverage under this Code.
14

(b) Definitions. As used in this Section:
15

"Intensive outpatient services" means a structured
16
behavioral health treatment service, delivered at a minimum 3
17
times per week for 9 hours or more, that is more intensive than
18
standard outpatient services and less intensive than partial
19
hospitalization, delivered pursuant to an individualized
20
treatment plan and consistent with Department-established
21
criteria and generally accepted standards of care.
22

"Telehealth" has the meaning given to the term "telehealth
23
services" in Section 5 of the Telehealth Act.

SB3335
- 2 -
LRB104 19588 SSS 33036 b
1

"Telehealth" includes the delivery of health care services
2
using interactive telecommunications systems, including
3
synchronous audio and video, that allow real-time
4
communication between a patient and a provider.
5

(c) Coverage. Notwithstanding any other provision of law,
6
the Department shall provide coverage under the medical
7
assistance program for intensive outpatient services delivered
8
via telehealth when the services:
9

(1) are otherwise covered when provided in person;
10

(2) are medically necessary;
11

(3) are delivered by a provider enrolled in the
12

medical assistance program and acting within the scope of
13

the provider's license, certification, or authorization
14

under State law; and
15

(4) comply with all applicable federal and State
16

telehealth requirements.
17

(d) Parity. Intensive outpatient services provided via
18
telehealth service under this Section shall be subject to the
19
same coverage requirements, utilization management, and
20
reimbursement methodologies as intensive outpatient services
21
provided in person, in accordance with Section 5-5.25 and
22
Department rules.
23

(e) Standards and safeguards. Telehealth delivery of
24
intensive outpatient services shall:
25

(1) meet the same standards of care as in-person
26

services;

SB3335
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LRB104 19588 SSS 33036 b
1

(2) include informed consent for the use of
2

telehealth, as required by Department rule;
3

(3) ensure compliance with State and federal privacy
4

and confidentiality laws;
5

(4) include protocols for emergency response,
6

continuity of care, and referral to in-person services
7

when clinically appropriate; and
8

(5) not require any in-person elements or services.
9

(f) Rulemaking authority. The Department may adopt rules
10
consistent with Section 5-5.25 that are necessary to implement
11
this Section, including rules governing clinical eligibility,
12
documentation, quality assurance, and program integrity.
13

(g) Federal approval. Implementation of this Section is
14
subject to any required federal approval.

15

Section 99.
Effective date.
This Act takes effect upon
16
becoming law.

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