Weekly Legislative Update – April 12, 2021
LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITY
April 12, 2021
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 April 12, 2021:
House Veterans’ Affairs Committee
April 13, 2021, 4:00 p.m.
Virtual Room 1 www.ilga.gov
HB 2628, HFA 1, Representative Stefanie Kifowit
Creates the Veterans Suicide Prevention Commission Act. Creates the Veterans Suicide Prevention Commission. Provides that the Commission’s purpose is to: (i) drive the State’s strategic vision for assessing and achieving the successful transition, adjustment, and reintegration of service members of the armed forces, veterans, and their families through the coordination of the collective efforts of public and private organizations throughout the State; (ii) facilitate, collaborate, and coordinate the efforts of these organizations to effectively and responsively meet the needs of the military community; (iii) conduct planning, research, education, training, and evaluation activities to improve the operations and coordination of the systems of care and support; and (iv) coordinate its activities with those of Illinois Joining Forces and other advocacy organizations for service members of the armed forces, veterans, and their families. Contains provisions concerning the Commission’s composition; term appointments; meetings; and other matters. Provides that the duties of the Commission are to improve the efficiency and effectiveness of those State programs and services related to the military community; promote coordination and efficiency among State, county, and local units of government and municipalities; issue periodic reports on its performance and progress in meeting its goals; monitor the progress of the implementation of the Strategic Action Plan on Homelessness developed by specified federal agencies and other organizations; and other matters. Provides that the Commission is subject to the Freedom of Information Act and the Open Meetings Act.
- To read the full text of HB 2628, HFA 1: Click
- To file an electronic witness slip on HB 2628, HFA 1: Click
HB 3984, Representative Joyce Mason
Amends the Statute on Statutes. Provides that, in determining the meaning of any statute or rule or interpretation by the various administrative agencies of this State, for purposes of determining eligibility for any veterans benefit available from the State, the words “honorable discharge” and “honorably discharged” include a discharge under other than honorable conditions due to post-traumatic stress disorder, traumatic brain injury, status as a survivor of sexual assault or harassment, LGBTQ-related issues, or mental health issues, but do not include a bad conduct discharge or a dishonorable discharge.
House Judiciary-Civil Committee
April 14, 2021, 8:30 a.m.
Virtual Room 3 www.ilga.gov
HB 2224, HFA 1, Representative Amy Elik
Amends the Probate Act of 1975. Provides that the court must appoint counsel for the ward in a proceeding filed by the guardian to involuntarily sterilize the ward (rather than may appoint counsel for the ward if the court finds it will serve the ward’s best interests and shall appoint counsel if the ward requests it or the ward is opposing the proposed sterilization). Provides that the sex of the ward shall not be a motivating factor in the court’s decision. Provides that the standard of proof on a motion for involuntary sterilization of a ward is beyond a reasonable doubt (rather than clear and convincing evidence). Provides a definition of “fertile”.
- To read the full text of HB 2224, HFA 1: Click
- To file an electronic witness slip on HB 2224, HFA 1: Click
Senate Education Committee
April 13, 2021, 1:00 p.m.
Virtual Room 1 www.ilga.gov
SB 517, Senator Meg Loughran Cappell
Amends the Children with Disabilities Article of the School Code. Includes public therapeutics programs in the definition of “special educational facilities and services”. In a provision requiring a school district to pay the cost of tuition for special education and related services if a child attends a non-public school or special education facility, a public out-of-state school, or a special education facility owned and operated by a county government unit, provides that the special education and related services includes public therapeutics programs.
SB 2109, Senator Karina Villa
Amends the School Code. Requires each member of a school board and the district superintendent to complete a course of instruction approved by the State Board of Education regarding the adoption and administration of a trauma-informed school standard on an annual basis. Provides that the required training shall focus on (i) the recognition of and care for trauma in students and educators, (ii) the relationship between educator wellness and student learning, (iii) the effect of trauma on student behavior and learning, (iv) the prevalence of trauma among students, including the prevalence of trauma among student populations at higher risk of experiencing trauma, and (v) the effects of implicit or explicit bias on recognizing trauma among various racial or ethnic groups of students. Sets forth other provisions concerning the course of instruction. By no later than December 1, 2021, requires the State Board of Education to approve one or more courses of instruction that satisfy the training requirements. Effective immediately.
SB 2296, Senator Ann Gillespie
Amends the School Code. Makes changes concerning the adoption of rules by the State Board of Education governing time out and physical restraint in the public schools. Subject to appropriation, requires the State Board to create a grant program for school districts and special education cooperatives and charter schools to implement school-wide, culturally sensitive, and trauma-informed practices, positive behavioral interventions and supports, and restorative practices. Allows the State Board to contract with a third party to provide assistance with oversight and monitoring, and requires the State Board to establish reduction goals and a system of ongoing review, auditing, and monitoring. Makes changes in provisions concerning a school board’s use of time out and physical restraint, including providing that isolated time out, time out, and physical restraint may be used only under certain circumstances, prohibiting the deprivation of necessities and prone, mechanical, and chemical restraint, and requiring a meeting with school personnel if requested by the parent or guardian, the provision of information to parents and guardians, and written procedures. Effective immediately.
Senate Health Committee
April 13, 2021, 3:30 p.m.
Virtual Room 2 www.ilga.gov
SB 100, Senator Ram Villivalam
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that a person who uses Medicaid spend-down to qualify for medical assistance shall not be eligible for medical assistance if the person does not meet his or her monthly spend-down for 6 consecutive months. Effective immediately.
SB 700, SCA 1, Senator Rachelle Crowe
Amends the Adult Protective Services Act. Provides that any person who suspects abuse, neglect, financial exploitation or self-neglect of an eligible adult may report information about the suspicious death of the eligible adult to an agency designated to receive such reports or the Department on Aging. Provides that if a mandated reporter has reason to believe the death of an eligible adult may be the result of abuse or neglect, the matter shall be reported to an agency designated to receive such reports or to the Department on Aging for subsequent referral to the appropriate law enforcement agency and the coroner or medical examiner. Provides that the identity of a person reporting information about the suspicious death of an eligible adult may be disclosed by the Department on Aging or other agency only with the person’s written consent or by court order, but is otherwise confidential. Provides that all records concerning reports of information about the suspicious death of an eligible adult due to abuse, neglect, financial exploitation or self-neglect shall be confidential.
- To read the full text of SB 700, SCA 1: Click
- To file an electronic witness slip on SB 700, SCA 1: Click
SB 1633, Senator Karina Villa
Amends the Nursing Home Care Act. Provides that residents shall have the right to be treated with courtesy and respect for their individuality by employees or persons providing medical services or care, and shall have their human and civil rights maintained in all aspects of medical care. Provides that all applicable rights under the Medical Patient Rights Act apply to residents under the Act. Provides that residents shall not perform labor or services for a facility unless those activities are included for therapeutic purposes and appropriately goal-related in the resident’s individual medical record. Provides that every acute care inpatient facility, community-based residential program, and facility employing more than 2 people that provide outpatient mental health services shall have a written internal grievance procedure that, at a minimum: (1) sets forth the process to be followed; (2) specifies time limits, including time limits for facility response; (3) provides for the patient to have the assistance of an advocate; (4) requires a written response to written grievances; and (5) provides for a timely decision by an impartial decision maker if the grievance is not otherwise resolved. Makes other changes.
SB 1977, Senator Laura Fine
Amends the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to apply for all available federal funding to promote community inclusion and integration for persons with disabilities, regardless of age, and older adults so that those persons have the option to transition out of institutions and receive long-term care services and supports in the settings of their choice. Effective immediately.
SB 1981, Senator Laura Fine
Amends the Rehabilitation of Persons with Disabilities Act. Requires the Department of Human Services to prescribe and supervise courses of vocational training and to provide such other services as may be necessary for the vocational rehabilitation (rather than the habilitation and rehabilitation) of persons with one or more disabilities. Requires the Department to cooperate with State and local school authorities and other recognized agencies engaged in vocational rehabilitation services; and to cooperate with the Illinois State Board of Education and other specified entities regarding the education (rather than care and education) of children with one or more disabilities. Requires the Department to submit an annual report to the Governor that contains information on the programs, activities, and funding dedicated to vocational rehabilitation, independent living, and other community services and supports. Requires the Statewide Independent Living Council to develop a State Plan for Independent Living. Makes changes to provisions concerning grant awards to eligible centers for independent living. Makes changes to provisions concerning the Superintendent of the Illinois School for the Deaf and the Superintendent of the Illinois School of the Visually Impaired. Repeals provisions regarding community services for persons with visual disabilities at the Illinois Center for Rehabilitation and Education. Amends the Disabilities Services Act of 2003. Repeals provisions regarding a Rapid Reintegration Pilot Program. Amends the School Code. Provides that if a child with a disability might be eligible to receive services from the Illinois Center for Rehabilitation and Education, the school district shall notify the parents, in writing, of the existence of the school and the services provided. Effective immediately.
SB 2137, Senator Jacqueline Collins
Amends the Nursing Home Care Act. Provides that the Department of Public Health
shall require each long-term care facility in the State, as a condition of facility licensure, to adopt and implement written policies, provide for the availability of technology to facility residents, and ensure that appropriate staff and other capabilities are in place to prevent the social isolation of facility residents. Contains specified requirements for the social isolation prevention policies. Provides that the Department shall distribute civil monetary penalty funds, as approved by the federal Centers for Medicare and Medicaid Services, and any other available federal and State funds, upon request, to facilities for communicative technologies and accessories needed for the purposes of the provisions. Provides that whenever the Department conducts an inspection of a long-term care facility, the Department’s inspector shall determine whether the long-term facility is in compliance with the provisions and the policies, protocols, and procedures adopted pursuant to the provisions. Requires the Department to adopt rules necessary to implement the provisions within 60 days after the amendatory Act’s effective date (and makes conforming changes in the Illinois Administrative Procedure Act). Contains other provisions. Effective immediately.
SB 2265, Senator Dave Syverson
Amends the Nursing Home Care Act. In provisions requiring the Department of Public Health to adopt a protocol specifying how informed consent for psychotropic medication may be obtained or refused that requires a discussion between the resident or the resident’s surrogate decision maker and the resident’s physician, a registered pharmacist, or a licensed nurse about the possible risks and benefits of a recommended medication and the use of standardized consent forms designated by the Department, (i) removes language prohibiting the registered pharmacist from being a dispensing pharmacist for the facility where the resident lives and (ii) specifies that a licensed nurse includes a licensed practical nurse. Provides that specified forms shall be designated (rather than developed) by the Department and may be able to be downloaded from a website designated by the Department (other than the Department’s official website). Provides that the maximum possible period for informed consent shall be until a change in the prescription occurs as to the change in the type of psychotropic medication or an increase in dosage (rather than a change in dosage), unless the physician’s order for which informed consent was given provides for an increase in dosage. Effective immediately.
SB 2270, Senator Dave Syverson
Amends the Nursing Home Care Act. Provides that, no later than January 1, 2022 (rather than 2011) the Department of Public Health shall file with the Secretary of State’s Office (rather than the Joint Committee on Administrative Rules) proposed rules or proposed amendments to existing rules to certify nursing homes or distinct self-contained units within existing nursing homes (rather than only distinct self-contained units within existing nursing homes) for the behavioral management of persons with a high risk of aggression. Effective immediately.
SB 2323, Senator Sara Feigenholtz
Amends the Children and Family Services Act. Prohibits the use of restraints on youth in care, including chemical, manual, and mechanical restraints, during the provision of any transportation services provided or arranged by the Department of Children and Family Services or its contractual assigns. Provides that any known, alleged, or suspected violation of the prohibition shall immediately be reported to the Department’s Office of the Inspector General, the court presiding over the youth’s case in accordance with the Juvenile Court Act of 1987, and the youth’s attorney and guardian ad litem. Requires the Department to make a significant events report for any known, alleged, or suspected violation of the prohibition. Sets forth a list of circumstances that require the Department to prepare a written individualized trauma-sensitive transportation plan for any youth in care. Requires the Department to obtain court approval of the transportation plan in accordance with the Juvenile Court Act of 1987 as well as written approval of the transportation plan from the Department’s Chief Deputy Director and the Chief Deputy Director of its Clinical Division. Contains provisions concerning information that must be included in a written individualized trauma-sensitive transportation plan; and Department reporting requirements. Amends the Juvenile Court Act of 1987. Requires the Department to ensure the provision of trauma-sensitive transport to minors placed in its care. Contains provisions concerning factors a court must consider when determining whether to approve an individualized trauma-sensitive transportation plan submitted by the Department. Effective immediately.
Senate Judiciary Committee
April 13, 2021, 3: 30 p.m.
Virtual Room 3 www.ilga.gov
SB 1576, Senator Robert F. Martwick
Amends the Guardians for Adults with Disabilities Article of the Probate Act of 1975. Provides that the required report that is attached to a petition for adjudication of disability and for appointment of a guardian may contain a psychological and mental capacity evaluation of the respondent that has been performed by a licensed clinical psychologist within 3 months of the date of the filing of the petition. Makes a corresponding change. Provides that the court may enter an order authorizing the ward to execute a will or codicil upon the request of the ward that is accompanied by a current licensed clinical psychologist’s (as an alternative to a physician’s) report that states the ward possesses testamentary capacity. Effective immediately.
Senate Behavioral and Mental Health Committee
April 13, 2021, 5:30 p.m.
Virtual Room 3 www.ilga.gov
SB 347, SCA 1, Senator Robert Peters
Creates the Mind Strong Act. Requires the Department of Public Health, or a third party contractor with experience in successful public education and awareness campaigns selected by the Department of Public Health, to develop and lead a 2-year educational campaign within each of Illinois’ 11 health regions on the availability of adult mobile crisis response services within each region. Requires the Department to work in collaboration with community stakeholders, including certain organizations, the Department of Healthcare and Family Services, and the Department of Human Services. Requires the public awareness campaign to begin no later than January 1, 2022. Sets forth certain requirements for the public awareness campaign, including that it be culturally competent and that any written materials be written in plain, easy-to-understand language and available in multiple languages that are representative of the communities in a particular health region. Lists the types of organizations that must be the focus of the educational campaign. Requires the Department of Human Services to establish, subject to appropriation, a grant program for adult mobile crisis response services to any adult age 18 or older experiencing a mental health or substance use crisis regardless of insurance status. Requires the Department of Healthcare and Family Services to develop and implement training and protocols for individuals answering crisis calls to the Crisis and Referral Entry Services (CARES) line. Contains provisions concerning the use of data to strengthen CARES line responses and adult mobile crisis response services, and other matters. Requires the Departments of Public Health, Human Services, and Healthcare and Family Services to adopt rules to implement the Act. Effective immediately.
- To read the full text of SB 347: Click
- To read the text of SB 347, SCA 1: Click
- To file an electronic witness slip on SB 347: Click
SB 693, SFA 2, Senator Melinda Bush
Amends the Emergency Medical Services (EMS) Systems Act. Provides that when a patient has been determined by EMS personnel to (1) have no immediate life-threatening injuries or illness, (2) not be under the influence of drugs or alcohol, (3) have no immediate or obvious need for transport to an emergency department, and (4) have an immediate need for transport to an EMS System-approved mental health facility, the EMS personnel may contact Online Medical Control or his or her EMS Medical Director or Emergency Communication Registered Nurse to request bypass or diversion of the closest emergency department and request transport to the closest or appropriate EMS System-approved mental health facility.
- To read the full text of SB 693: Click
- To read the full text of SB 693, SFA 2: Click
- To file an electronic witness slip on SB 693, SFA 2: Click
SB 1623, Senator Doris Turner
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, for the purpose of removing barriers to the timely treatment of serious mental illnesses, prior authorization mandates and utilization management controls shall not be imposed under the fee-for-service and managed care medical assistance programs on any FDA approved prescription drug that is recognized by a generally accepted standard medical reference as effective in the treatment of conditions specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
SB 1786, SFA 2, Senator Laura M. Murphy
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall create and maintain an online database and resource page on its website. Provides that the database and resource page shall contain mental health resources specifically geared toward post-secondary social workers, counselors, parents, faculty, graduate assistants, school administrators, graduate and undergraduate students, and support personnel with the goal of connecting those people with mental health resources related to crisis services, wellness, sexual health, survivor support, gender-based violence, nutrition, stress reduction, anxiety, depression, violence prevention, suicide prevention, and substance use and encouraging information sharing among educational administrators, security personnel, resource officers, faculty, students, and all other employees of a university or college. Provides that nothing in the provision shall be construed to authorize or permit the sharing or disclosure of any individual’s identity, health, or other personal information, or any information from an individual’s record, in connection with the creation or use of the post-secondary mental health database and resource page. Effective immediately.
- To read the full text of SB 1786: Click
- To read the text of SB 1786, SFA 2: Click
- To file an electronic witness slip on SB 1786, SFA 2: Click
SB 1970, SFA 2 Senator Laura Fine
Creates the Access to Basic Mental Health Information Act. Provides definitions for “mental health facility”, “physician”, and “recipient”. Provides that specified individuals are entitled, upon request, to obtain certain information regarding a recipient in a mental health facility if the individual declares that he or she is involved in the recipient’s care or paying for the recipient’s care and the individual meets specified requirements. Provides that an individual requesting information must submit to the mental health facility specified information. Provides that a mental health facility is required to receive information relevant to the recipient’s mental health treatment. Provides that if the recipient requests the mental health record from the mental health facility, any information that was tendered to the mental health facility under a promise of confidentiality may be withheld from the recipient if disclosure of the information would be reasonably likely to reveal the source of the mental health information. Provides that whenever access or modification is requested, the request, the grounds for its acceptance or denial, and any action taken thereon shall be noted in the recipient’s record. Provides that a mental health facility and its employees or agents are not liable for any action under the Act unless the release was made deliberately or the release constituted gross negligence. Provides that nothing in the Act constitutes an infringement on an individual’s right to obtain mental health records of the recipient if the individual has another right to the mental health records by law, regulation, or consent of the recipient. Provides that the Act shall be liberally construed to allow receipt of mental health information to individuals entitled to a recipient’s information. Provides that the Act supersedes the Mental Health and Developmental Disabilities Code and any other law that would be viewed to limit the access of an individual to a recipient’s mental health records to the extent necessary to give the Act full implementation. Effective immediately.
- To read the full text of SB 1970: Click
- To read the text of SB 1970, SFA 2: Click
- To file an electronic witness slip on SB 1970, SFA 2: Click
SB 2314, Senator Sara Feigenholtz
Provides that the Act may be referred to as the Community Mental Health Rule and Regulatory Modernization Act. Amends the Illinois Administrative Procedure Act. Changes the text of Sections of the Illinois Administrative Code pertaining to: community-based mental health service definitions and professional qualifications; program approval for specified behavioral health services; assertive community treatment; and community support teams. Effective immediately.
NOTE: If you wish to take any action regarding any of these bills/issues, you may wish to file an electronic witness slip and/or or submit oral or written testimony to the committee holding the 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.
SPECIAL NOTE: Due to the COVID 19 pandemic, committee hearings are being held remotely via the Internet.
- To view instructions regarding the remote hearing process and how to submit oral or written testimony in the HOUSE: Click
- To view instructions regarding the remote hearing process and how to submit oral or written testimony in the SENATE: Click
For additional information, please contact:
Cheryl R. Jansen
Public Policy Director
Equip for Equality
Last updated: April 12, 2021