Equip for Equality

Advancing the Human & Civil Rights of People with Disabilities in Illinois

Equip for Equality: Advancing the Human & Civil Rights of People with Disabilities in Illinois
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Legislative Update for May 4, 2007

The following are some of the more significant disability related bills filed in the Illinois General Assembly this session which are scheduled to be heard in committee during the week of May 7, 2007:

Senate Public Health Committee
May 8, 2007, 1:00 p.m.
Capitol Building, Room 400
Springfield, IL

HB 1256, chief sponsor, Senator Don Harmon
Amends the Illinois Public Aid Code. Provides that in establishing eligibility standards in connection with Medicaid for persons with disabilities who are employed and eligible for Medicaid, the Department of Healthcare and Family Services shall (i) set the income eligibility standard at not lower than 350% of the federal poverty level, (ii) exempt the income of the person's spouse, the unearned income of the person's dependent child under the age of 18 years, and retirement accounts that the person cannot access without penalty until the age of 59 1/2, and (iii) allow non-exempt assets up to $25,000.

Senate Judiciary Criminal Law Committee
May 8, 2007, 2:30 p.m.
Capitol Building, Room 212
Springfield, IL

HB 3454, chief sponsor, Senator John J. Milner
Amends the Illinois Police Training Act. Provides that the curriculum for probationary police officers in all certified schools must include a block of instruction aimed at identifying and interacting with persons with autism and other developmental disabilities, reducing barriers to reporting crimes against persons with autism, and addressing the unique challenges presented by cases involving victims or witnesses with autism and other developmental disabilities.

House Elementary and Secondary Education Committee
May 8, 2007, 3:00 p.m.
Capitol Building, Room 114
Springfield, IL

SB 79, chief sponsor, Representative Patricia R. Bellock
Amends the Children with Disabilities Article of the School Code. Provides that, in the development of the individualized education program (IEP) for a student who has a disability on the autism spectrum, the IEP team shall consider: 1) the verbal and non-verbal communication needs of the child; 2) the need to develop social interaction skills and proficiencies; 3) the needs resulting from the child's unusual responses to sensory experiences; 4) the needs resulting from resistance to environmental change or change in daily routines; 5) the needs resulting from engagement in repetitive activities and stereotyped movements; 6) the need for positive behavioral interventions, strategies, and supports to address any behavioral difficulties resulting from autism spectrum disorder; and 7) other needs resulting form the child's disability that impact progress in the general curriculum, including social and emotional development. Further provides that these amendments do not create any new entitlement to a service, program or benefit, but must not affect any entitlement to a service, program or benefit created by another law.

SB 396, chief sponsor, Representative Elizabeth Coulson
Amends the Children with Disabilities Article of the School Code. Provides that when a student who is eligible for special education reaches the majority age of 18 years, rights accorded to the student's parents transfer to the student. Provides that the school district must notify the student and the student's parents of the transfer of rights in writing at a meeting convened to review the student's individualized education program during the school year in which the student turns 17 years of age. Requires the district to also explain to the student and the student's parents the significance of the transfer of parental rights at the majority age of 18. Provides that at that time, the district must provide the student with a copy of the Delegation of Rights form. Provides that rights shall not transfer from the parents to the student if the student has been adjudged incompetent under State law or the student has not been adjudged incompetent, but the student has executed a Delegation of Rights to make educational decisions for the purpose of appointing the student's parent or other adult to represent the educational interests of the student. Allows a student to terminate the Delegation of Rights at any time and assume the right to make decisions regarding his or her education. Sets forth requirements for the Delegation of Rights, including the form. (Note: this bill is identical to HB 816)

SB 397, chief sponsor, Representative Jerry L. Mitchell
Amends the Children with Disabilities Article of the School Code. In the definition of "children with disabilities", provides that an eligible student who requires continued public school educational experience to facilitate his or her successful transition and integration into adult life is eligible for special education services through age 21, inclusive, which, for purposes of the Article, means the day before the student's 22nd birthday. (Note: this bill is identical to HB 817)

House Human Services Committee
May 8, 2007, 3:00 p.m.
Stratton Building, Room D-1
Springfield, IL

SB 6, chief sponsor, Representative Patricia R. Bellock
Amends the Illinois Public Aid Code. Provides that under the Medicaid program, the Department of Healthcare and Family Services (DHFS) shall reimburse psychiatrists for mental health services they provide, as authorized by Illinois law, to recipients via telepsychiatry. Requires DHFS to adopt rules establishing a method to reimburse providers for mental health services provided by telepsychiatry. Provides that the reimbursement methodology for mental health services provided by telemedicine shall be comparable to the reimbursement methodology used by the Department for other services provided by telemedicine.

SB 1350, chief sponsor, Representative Julie Hamos
Amends the Illinois Public Aid Code. Beginning with services rendered on or after July 1, 2008, all providers of non-emergency medi-car and service car transportation must certify that the driver and employee attendant, as applicable, have completed a safety program approved by the Department of Healthcare and Family Services (DHFS) to protect both the patient and the driver, prior to transporting a patient. The provider must maintain this certification in its records and produce such documentation upon demand by DHFS or its representative. Failure to produce documentation of such training shall result in recovery of any payments made by DHFS for services rendered by a non-certified driver or employee attendant. Requires providers to recertify all drivers and employee attendants every 3 years.

SB 1739, chief sponsor, Representative Kathleen Ryg
Amends the Illinois Public Aid Code. Under the Medicaid program, authorizes the Department of Healthcare and Family Services (DHFS) to provide for the services of persons licensed as a clinical social worker in supplying medical assistance. Prohibits DHFS' rules from requiring that a physician recommend services for a specific Medicaid recipient to be provided by a licensed clinical social worker.

House Judiciary I-Civil Law Committee
May 8, 2007, 3:00 p.m.
Stratton Building, Room C-1
Springfield, IL

SB 337, chief sponsor, Representative Paul D. Froehlich
Amends the Probate Act of 1975. Provides that the term "developmental disability" includes a disability that is attributable to "fetal alcohol syndrome" or "fetal alcohol effects" (in addition to mental retardation, cerebral palsy, epilepsy, or autism).

NOTE: If you wish to take any action regarding any of these bills, you may wish to attend the committee hearing and/or contact the sponsor(s) of the bill, the members of the committee hearing the bill, 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 also 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) and to read the full text of the bills.