2006 Legislative Update

The following represents some of the more significant legislation passed during the second year of the 94th General Assembly:

HB 4125, P.A. 94-0906

Provides coverage for 20 additional outpatient visits for speech therapy for treatment of pervasive developmental disorders, including autism, under group health insurance plans. Makes the section of the Insurance Code relating to treatment of mental and emotional disorders (370 c) applicable to Health Maintenance Organizations.

HB 4202, P.A. 94-0921

Increases the number of outpatient visits for treatment of mental illness covered under group health insurance plans from 35 to 60.

SB 2254, P.A. 94-0812

Requires an individualized behavioral support plan for each person participating in a Home and Community Based Services Program for Persons with Developmental Disabilities (waiver program) exhibiting behavioral challenges (i.e. episodes of significant property destruction, self-injurious behavior, assaultive behavior or other behavior that prevents a person from successfully participating in such a program). Staff trained in and qualified to effectively apply positive, non-aversive intervention must implement each plan. Use of electric shock, withholding essential food and drink, use of drugs as restraints and/or interventions that cause physical or psychological pain or produce humiliation or discomfort are prohibited.

SB 2436, P.A. 94-0983

Requires annual inventories of licensed skilled or intermediate care facilities and nursing homes to be conducted by July 1 of each year, to include a list of all services provided by a facility to its residents and the community and to distinguish between active and inactive beds. Requires all health facilities to complete annual reports that include facility questionnaires. Facilities licensed under the Nursing Home Care Act must identify the specialty services provided by the facility to patients, residents, and the community. Facilities that contain long-term care beds must identify the number of staffed long-term care beds, physical capacity for long-term beds, and long-term beds available for immediate occupancy.

SB 2491, P.A. 94-0934

Prohibits an owner or operator of a community mental health or developmental disability agency identified by the nurse aide registry as the subject of a substantiated finding of abuse or neglect of a recipient of services from being involved in providing mental health or developmental disability services funded by the Illinois Department of Human Services.

SB 3010, P.A. 94-0853

Provides that any person required by law to report allegations of abuse or neglect of long term care facility (i.e. nursing home) residents who willfully fails to make a report is guilty of a Class A misdemeanor.

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