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Weekly Legislative Update-May 8, 2017

 

The following are disability-related bills and/or issues pending in the Illinois General Assembly that are scheduled to be heard in committee during the week of May 8, 2017:

 

House Human Services Committee

May 10, 2017, 9:00 a.m.

Room 114, Capitol Building

Springfield, IL

 

SB 931, Representative Scott Drury

Amends the Juvenile Court Act of 1987. Provides that the public agency that is the custodian or guardian of the minor shall file a written report with the court no later than 15 days after a minor in the agency’s care remains: (1) in a shelter placement beyond 30 days; (2) in a psychiatric hospital past the time when the minor is clinically ready for discharge or beyond medical necessity for the minor’s health; or (3) in a detention center or Department of Juvenile Justice facility solely because the public agency cannot find an appropriate placement for the minor. Provides that the report shall explain the steps the agency is taking to ensure the minor is placed appropriately, how the minor’s needs are being met in the minor’s shelter placement, and if a future placement has been identified by the Department, why the anticipated placement is appropriate for the needs of the minor and the anticipated placement date. Provides that if not contained in the agency’s service plan, the agency’s report shall specify if a minor is placed in a licensed child care facility under a corrective plan by the Department due to concerns impacting the minor’s safety and well-being. Provides that the report shall explain the steps the Department is taking to ensure the safety and well-being of the minor and that the minor’s needs are met in the facility. Defines “shelter placement.”

  • To read full text of SB 931: Click
  • To file an electronic witness slip on SB 931: Click

 

SB 973, Representative Sara Feigenholtz

Amends the Children and Family Services Act. Provides that no later than December 31, 2018, and on December 31 of each year thereafter through December 31, 2023, the Department of Children and Family Services shall prepare and submit an annual report, covering the previous fiscal year, to the General Assembly regarding youth in care waiting for placements. Provides that the report shall include information on: (i) the number of youth in care who remained in emergency placements, including but not limited to shelters and emergency foster homes, for longer than 30 days, their genders and ages, their recommended placement type, and other specified data; (ii) the number of youth in care who remained in psychiatric hospitals beyond the time they were clinically ready for discharge or beyond medical necessity, whichever is sooner, their genders and ages, their recommended placement type, and other specified data; (iii) the number of youth in care who remained in a detention center or Department of Juvenile Justice facility solely because the Department cannot locate an appropriate placement for the youth, their genders and ages, their recommended placement type, and other specified data; (iv) a description of how the Department collected the information reported and any difficulties the Department had in collecting the information and whether there are concerns about the validity of the information; and (v) a description of any steps the Department is taking to reduce the length of time youth in care wait in psychiatric hospitals, emergency placements, detention centers, and Department of Juvenile Justice facilities for clinically appropriate placements.

  • To read full text of SB 973: Click
  • To file an electronic witness slip on SB 973: Click

 

Joint Hearing of House Appropriations-Human Services and House Human Services Committees

May 10, 2017, 2:30 p.m.

Room 118, Capitol Building

Springfield, IL

SUBJECT MATTER: Medicaid MCO RFP.

  • To file an electronic witness slip for the subject matter hearing: Click

House Aging Committee

May 11, 2017, 11:00 a.m.

Room D-1, Stratton Building

Springfield, IL

 

SUBJECT MATTER: The Community Care Program and the Community Reinvestment Program.

  • To file an electronic witness slip for the subject matter hearing: Click

 

House Appropriations-Human Services Committee

May 11, 2017, 9:00 a.m.

Room 114, Capitol Building

Springfield, IL

 

SUBJECT MATTER: Proposed Legislation with a Fiscal Impact.

  • To file an electronic witness slip for the subject matter hearing: Click

 

House Special Needs Services Committee

May 11, 2017, 11:00 a.m.

Room 115, Capitol Building

Springfield, IL

 

SB 84, Representative Robyn Gabel

Amends the Department of Human Services Act. Requires the Secretary of Human Services to appoint a task force to review current and potential federal funds for home and community-based service options for individuals with intellectual or developmental disabilities. Provides that the task force shall consist of: (i) the Secretary of Human Services who shall serve as chairperson of the task force; (ii) one representative of the Department of Healthcare and Family Services; (iii) 2 persons who are guardians or family members of individuals with intellectual or developmental disabilities and who do not have responsibility for management or formation of policy regarding the programs subject to review; (iv) 3 persons who self-identify as individuals with intellectual or developmental disabilities and who are engaged in advocacy for the rights of individuals with disabilities; and (v) other specified persons. Requires the task force to review: the current federal Medicaid matching funds for services provided in the State; ways to maximize federal supports for the current services provided, including attendant services, housing, and other services to promote independent living; options that require federal approval and federal funding; ways to minimize the impact of constituents awaiting services; and all avenues to utilize federal funding involving home and community-based services identified by the task force. Requires appointments to the task force to be made by July 1, 2017. Provides that the task force shall report its findings to the Governor and General Assembly no later than July 1, 2018, and, upon filing its report, the task force is dissolved.

  • To read full text of SB 84: Click
  • To file an electronic witness slip on SB 84: Click

 

House Veterans Affairs Committee

May 11, 2017, 11:00 a.m.

Room 122B, Capitol Building

Springfield, IL

 

SB 866, Representative Stephanie  Kifowit

Amends the Department of Veterans Affairs Act. Provides that the Department of Veterans

Affairs shall provide informational resources and education to veterans returning from deployment regarding service animals for individuals with disabilities including, but not limited to, resources and education on service animals that guide people who are blind, pull a wheelchair, alert a person with hearing loss, protect a person having a seizure, assist a person with a traumatic brain injury, and calm a person with post-traumatic stress disorder during an anxiety attack or psychiatric episode.

  • To read full text of SB 866: Click
  • To file an electronic witness slip on SB 866: Click

 

Senate Human Services Committee

May 9, 2017, 3:45 p.m.

Room 409, Capitol Building

Springfield, IL

 

SB 2189, Senator Michael Connelly

Creates the Medicaid Smart Card Pilot Program Act. Requires the Director of the Department of Healthcare and Family Services to establish a Medicaid Smart Card Pilot Program to reduce the total amount of expenditures under the State’s Medical Assistance Program. Provides that the pilot program shall be designed to reduce the average monthly cost under the State’s Medical Assistance Program for recipients within the pilot program area by an amount that is at least sufficient to recover the cost of implementing the pilot program. Provides that the Director shall determine the geographic area to be included in the pilot program and may contract with an independent entity for the purpose of developing and implementing the pilot program. Contains provisions on required activities under the pilot program, including the distribution of Medicaid Smart Cards to designated recipients; measures the Department might take to implement the pilot program; annual evaluations; reporting requirements; extension or expansion of the pilot program; the confidentiality of health information; reports to the Inspector General; and rulemaking authority.

  • To read full text of SB 2189: Click
  • To file an electronic witness slip on SB 2189: Click

 

SB 2192, Senator Michael Connelly

Amends the Illinois Public Aid Code. Requires the Department of Human Services and the Department of Healthcare and Family Services to contract with a third-party vendor to verify eligibility for benefits provided under this Code by utilizing an online website, to be developed and implemented by the contracted vendor, that would enable an individual to apply online for benefits.

  • To read full text of SB 2192: Click
  • To file an electronic witness slip on SB 2192: Click

 

SB 2201, Senator Kyle McCarter

Amends the Illinois Public Aid Code. Provides that a redetermination of eligibility for medical assistance benefits shall be conducted every 3 months.

  • To read full text of SB 2201: Click
  • To file an electronic witness slip on SB 2201: Click

 

HB 742, Senator Dale A. Righter

Amends the Community-Integrated Living Arrangements Licensure and Certification Act.

Provides that the Office of Inspector General of the Department of Human Services shall continue to have jurisdiction over a community mental health or developmental services agency and the individuals it served at the time the agency’s license was revoked for up to one year after the date that the license was revoked.

  • To read full text of HB 742: Click
  • To file an electronic witness slip on HB 742: Click

 

Senate Judiciary Committee

May 9, 2017, 3:45 p.m.

Room 400, Capitol Building

Springfield, IL

 

HB 238, Senator Omar Aquino

Amends the Nursing Home Care Act, MC/DD Act, ID/DD Community Care Act, and Specialized Mental Health Rehabilitation Act of 2013. Provides that a facility must not enter into a pre-dispute agreement for binding arbitration with any resident or consumer, or the resident’s representative or consumer’s guardian, nor require that a resident or consumer sign an arbitration agreement as a condition of admission to the facility. Provides that after a dispute arises, a facility may ask a resident or consumer, or his or her representative or guardian, to enter into an agreement for binding arbitration if the facility and agreement meets specified requirements.

  • To read full text of HB 238: Click
  • To file an electronic witness slip on HB 238: Click

 

Senate Criminal Law Committee

May 9, 2017, 5:15 p.m.

Room 400, Capitol Building

Springfield, IL

HB 1764, Senator Toi W. Hutchinson

Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing that at the time of the offense, the defendant was suffering from post-partum depression or post-partum psychosis which was either undiagnosed or untreated, or both, and this temporary mental illness tended to excuse or justify the defendant’s criminal conduct and the defendant has been diagnosed as suffering from post-partum depression or post-partum psychosis, or both, by a qualified medical person and the diagnoses or testimony, or both, was not used at trial.  Amends the Code of Criminal Procedure of 1963.  Provides that a person imprisoned in a penitentiary may institute a proceeding for post-conviction relief if the allegations in the petition establish each of the following by a preponderance of the evidence: (1) the movant was convicted of a forcible felony; (2) the movant’s participation in the offense was a direct result of the movant’s mental state either suffering from post-partum depression or post-partum psychosis; (3) no evidence of post-partum depression or post-partum psychosis was presented by a qualified medical person at trial or sentencing, or both; (4) the movant was unaware of the mitigating nature of the evidence or if aware was at the time unable to present this defense due to suffering from post-partum depression or post-partum psychosis or at the time of trial or sentencing neither was a recognized mental illness and as such unable to receive proper treatment; and (5) evidence of post-partum depression or post-partum psychosis as suffered by the movant is material and noncumulative to other evidence offered at the time of trial or sentencing and it is of such a conclusive character that it would likely change the sentence imposed by the original court. Defines “post-partum depression” and “post-partum psychosis”.

  • To read full text of HB 1764: Click
  • To file an electronic witness slip on HB 1764: Click

 

Senate Insurance Committee

May 10, 2017, 4:00 p.m.

Room400, Capitol Building

Springfield, IL

 

HB 311, Senator Linda Holmes

Provides that administrators and insurers, prior to going to market, must file with the Department of Insurance for review and approval a description of the services to be offered through a network plan, with certain criteria included in the description. Provides that the network plan shall demonstrate to the Department, prior to approval, a minimum ratio of full-time equivalent providers to plan beneficiaries and maximum travel and distance standards for plan beneficiaries, which shall be established annually by the Department based upon specified sources. Provides that the Department shall conduct quarterly audits of network plans to verify compliance with network adequacy standards. Establishes certain notice requirements. Provides that a network plan shall provide for continuity of care for its beneficiaries under certain circumstances and according to certain requirements. Provides that a network plan shall post electronically a current and accurate provider directory and make available in print, upon request, a provider directory subject to certain specifications. Provides that the Department is granted specific authority to issue a cease and desist order against, fine, or otherwise penalize any insurer or administrator for violations of any provision of the Act. Makes other changes.

  • To read full text of HB 311: Click
  • To file an electronic witness slip on HB 311: Click

 

Senate Revenue Committee

May 10, 2017, 4:00 p.m.

Room 212, Capitol Building

Springfield, IL

 

HB 3163, Senator Scott M. Bennett

Amends the State Treasurer Act. Provides that contributions to an ABLE account during the taxable year may be deducted from adjusted gross income as provided under a specified Section of the Illinois Income Tax Act. Amends the Illinois Income Tax Act. In a Section concerning base income, provides that the adjusted gross income shall be modified by adding a maximum amount of, for taxable years beginning on or after January 1, 2018, $10,000 contributed in the taxable year to an ABLE account under a specified Section of the State Treasurer Act. Provides for an exemption from a Section concerning the sunset of exemptions, credits, and deductions under the Act.

  • To read full text of HB 3163: Click
  • To file an electronic witness slip on HB 3163: Click

 

Senate Human Services Committee

May 11, 2017, 3:30 p.m.

Room 409, Capitol Building

Springfield, IL

 

HB 3502, Senator Melinda A. Bush

Creates the Advisory Council on Early Identification and Treatment of Mental Health Conditions within the Department of Public Health. Establishes the members of the Council. Provides that the Advisory Council shall: (1) review and identify evidence-based best practice models and promising practices supported by peer-reviewed literature being implemented in this State and other states on regular screening and early identification of mental health and substance use conditions in children and young adults, including depression, bi-polar disorder, schizophrenia, and other similar conditions, beginning at the age endorsed by the American Academy of Pediatrics, through young adulthood, irrespective of coverage by public or private health insurance, resulting in early treatment; (2) identify evidence-based mental health prevention and promotion initiatives; (3) identify strategies to enable additional medical providers and community-based providers to implement evidence-based best practices on regular screening, and early identification and treatment of mental health conditions; (4) identify barriers to the success of early screening, and identification and treatment of mental health conditions across this State, including but not limited to, treatment access challenges, specific mental health workforce issues, regional challenges, training and knowledge-base needs of providers, provider infrastructure needs, reimbursement and payment issues, and public and private insurance coverage issues; (5) based on the findings, develop a set of recommendations and an action plan to address the barriers to early and regular screening and identification of mental health conditions in children, adolescents and young adults in this State; (6) complete and deliver the recommendations and action plan to the Governor and the General Assembly within one year of the first meeting of the Advisory Council; and (7) upon completion and delivery of the recommendations and action plan to the Governor and General Assembly, the Advisory Council shall be dissolved. Provides that members shall serve without compensation and are responsible for the cost of all reasonable and necessary travel expenses connected to Advisory Council business.

  • To read full text of HB 3502: Click
  • To file an electronic witness slip on HB 3502: Click

 

HB 3709, Senator Kimberly A. Lightford

Amends the Mental Health and Developmental Disabilities Code. Provides that counseling services or psychotherapy on an outpatient basis provided to a minor 12 years of age or older must be provided by, or under the supervision of, a licensed service provider. Provides that until the consent of the minor’s parent, legal guardian, or person in loco parentis has been obtained, outpatient counseling or psychotherapy provided to a minor under the age of 17 shall be initially limited to not more than 8 90-minute sessions. Provides that after the eighth session, the service provider shall consider specified statutory factors throughout the therapeutic process to determine, through consultation with the minor, whether attempting to obtain the consent of a parent, guardian, or person in loco parentis would be detrimental to the minor’s well-being. Provides that when counseling services or psychotherapy are related to allegations of neglect, sexual abuse, or mental or physical abuse by the minor’s parent, guardian, or person in loco parentis, obtaining consent of that parent, guardian, or person in loco parentis shall be presumed to be detrimental to the minor’s well-being and provides that counseling services or psychotherapy provided under this provision shall be provided in compliance with the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act or the Clinical Psychologist Licensing Act. Provides that the minor’s parent, guardian or person in loco parentis shall not be liable for the out-of-pocket costs, including co-payments, deductibles, or co-insurance (rather than costs)for outpatient counseling or psychotherapy which is received by the minor without the consent of the minor’s parent, guardian, or person in loco parentis. Provides that if the minor chooses to discontinue counseling services or psychotherapy after being informed of the decision of the facility director or service provider to disclose the fact of counseling services or psychotherapy to the parent, guardian, or person in loco parentis, then the parent, guardian, or person in loco parentis shall not be notified.

  • To read full text of HB 3709: Click
  • To file an electronic witness slip on HB 3709: Click

 

Senate Judiciary Committee

May 11, 2017, 3:30 p.m.

Room 400, Capitol Building

Springfield, IL

 

HB 2626, Senator Sue Rezin

Creates the Parental Rights for the Blind Act. Contains statements of legislative findings and purpose. Defines terms. Provides that a person’s blindness shall not serve as a basis for denial or restriction of parenting time, the allocation of parental responsibilities, participation in adoption proceedings, foster care placement, or guardianship appointment. Provides that if a person’s blindness is alleged to have a detrimental impact on a child, the party raising the allegation bears the burden of proving by clear and convincing evidence that the blindness endangers or will likely endanger the health, safety, or welfare of the child. Provides that if the burden is met, the person with blindness shall have the opportunity to demonstrate that the implementation of supportive parenting services will alleviate any concerns that have been raised. Provides that the court may require that the supportive parenting services be put in place, with an opportunity to review the need for continuation of the services within a reasonable period of time. Provides that if a court determines that a blind person’s parental rights should be denied or limited in any manner, the court shall make specific written findings stating the basis for such a determination and why the provision of supportive parenting services is not a reasonable accommodation that must be made to prevent such denial or limitation.

  • To read full text of HB 2626: Click
  • To file an electronic witness slip on HB 2626: Click

 

If you wish to take any action regarding any of these bills/issues, you may wish to attend the committee hearing and/or contact the members of the Committee conducting the hearing and/or the legislators in your home district.  The names, addresses, and telephone numbers of all legislators, both Representatives and Senators, can be found on the Illinois General Assembly website at: www.ilga.gov. You may check this website to find out if any of the committee hearing dates or times have been changed, which may happen upon very short notice. You may also use this website to file an electronic witness slip for any bill that is posted for hearing by clicking on “GA Dashboard” on the homepage.

For additional information, please contact:

Cheryl R. Jansen

Public Policy Director

Equip for Equality

cherylj2@equipforequality.org

217-544-0464 ext. 6013

 

Last updated: June 09, 2017

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