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Weekly Legislative Update – February 17, 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 February 20, 2017:

 

House Insurance: Health & Life Committee

February 22, 2017, 2:00 p.m.

Room C-1, Stratton Building

Springfield, IL

 

HB 311, Representative Greg Harris

Creates the Network Adequacy and Transparency Act. 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

 

House Judiciary-Criminal Committee

February 22, 2017, 3:00 p.m.

Room 115, Capitol Building

Springfield, IL

 

HB 391, Representative Thomas Bennett

Amends the Unified Code of Corrections. Provides that no person committed to the Department of Juvenile Justice may be isolated for disciplinary reasons for more than 15 consecutive days (rather than 7 consecutive days) nor more than 30 days (rather than 15 days) out of any 45 day period (rather than 30 day period) except in cases of violence or attempted violence committed against another person or property when an additional period of isolation for disciplinary reasons is approved by the chief administrative officer.

  • To read full text of HB 391: Click
  • To file an electronic witness slip on HB 391: Click

 

HB 461, Representative Ryan Spain

Amends the Mental Health and Developmental Disabilities Code. Repeals the Section providing that if a person 14 years or older is determined to be a person with a developmental disability by a physician, clinical psychologist, or qualified examiner, the person making the determination shall notify the Department of Health and Human Services within 7 days, who then shall notify the Department of State Police, if appropriate, to determine continuing eligibility under the Firearm Owners Identification Card Act. Makes a conforming change in the Mental Health and Developmental Disabilities Confidentiality Act.

  • To read full text of HB 461: Click
  • To file an electronic witness slip on HB 461: Click

 

HB 541, Representative Kelly M. Burke

Amends the Humane Care for Animals Act. Provides that a person may not willfully and

maliciously permit a dog that is owned, harbored, or controlled by the person to cause injury to or the death of a guide, hearing, or support dog (rather than while the guide, hearing, or support dog is in the discharge of its duties). Provides that a person may not recklessly permit a dog that is owned, harbored, or controlled by the person to cause injury to or the death of a guide, hearing, or support dog. Provides that a person convicted of the reckless offense is guilty of a Class C misdemeanor if the dog is killed or totally disabled, and may be ordered by the court to make restitution to the person with a disability having custody or ownership of the dog for veterinary bills and replacement costs of the dog. Provides that a second or subsequent violation of this offense is a Class 4 felony if the dog is killed or totally disabled, and the person convicted may be ordered by the court to make restitution to the person with a disability having custody or ownership of the dog for veterinary bill and replacement costs of the dog. Provides that a person convicted of this offense is guilty of a petty offense if the dog is not killed or totally disabled.

  • To read full text of HB 541: Click
  • To file an electronic witness slip on HB 541: Click

 

HB 649, Representative Arthur Turner

Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections concerning defendants found unfit to stand trial and found not guilty by reason of insanity. Provides that if the court orders the defendant placed in the custody of the Department of Human Services, the Department shall evaluate the defendant to determine to which secure facility the defendant shall be transported and, within 7 days of the entry of the placement order, notify the sheriff of the designated facility. Upon receipt of that notice, the sheriff shall promptly transport the defendant to the designated facility. Provides that if, within 7 days of the entry of the placement order, the Department fails to notify the sheriff of the identity of the facility to which the defendant shall be transported, the sheriff shall notify the Department that the defendant will be transported to the nearest secure mental health facility operated by the Department unless, within 24 hours of receiving the notice, the Department notifies the sheriff that the defendant should be transported to another facility. Provides that if, during this 24-hour period the Department notifies the sheriff of another facility, the sheriff shall transport the defendant to that facility. If the notice is not received, the sheriff shall transport the defendant to the nearest secure mental health facility operated by the Department.

  • To read full text of HB 649: Click
  • To file an electronic witness slip on HB 649: Click

 

HB 678, Representative Robyn Gabel

Amends the Juvenile Court Act of 1987. Provides that an alleged juvenile delinquent must be brought before a judicial officer within 24 hours (rather than 40 hours) to determine further custody and that an initial detention hearing shall be no later than the morning after the juvenile arrived in placement, including weekends and holidays. Provides that if the juvenile is hospitalized or receiving treatment, the 24-hour period will not begin until the juvenile is released from the hospital or treatment center. Provides that if false information is given by the juvenile as to age, the 24-hour period will begin once it is determined that the juvenile is subject to the Act. Provides that the minor must be released from custody at the expiration of the 24-hour period if the minor is not brought before a judicial officer within that period. Provides that after the initial 24-hour period has lapsed, the court may review the minor’s custodial status at any time prior to the trial or sentencing hearing.

  • To read full text of HB 678: Click
  • To file an electronic witness slip on HB 678: Click

 

HB 1764, Representative Linda Chapa LaVia

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, after sentencing, 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 or sentencing, or both. Amends the Code of Civil Procedure concerning relief from final orders and judgments, after 30 days from the entry of the judgment. Provides that a meritorious claim may be made for that 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

 

House Human Services Committee

February 23, 2017, 8:30 a.m.

Room 114, Capitol Building

Springfield, IL

 

HB 238, Representative Mary E. Flowers

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

 

HB 281, Representative Mary E. Flowers

Amends the Administration of Psychotropic Medications to Children Act. Provides that the Department of Children and Family Services shall adopt rules requiring the Department to distribute treatment guidelines on an annual basis to all persons licensed under the Medical Practice Act of 1987 to practice medicine in all of its branches. Provides that the Department shall prepare and submit an annual report to the General Assembly with specified information concerning the administration of psychotropic medication to persons for whom it is legally responsible. Amends the Medical Practice Act of 1987. Provides that the Department of Financial and Professional Regulation may revoke, suspend, place on probation, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action as the Department may deem proper with regard to the license or permit of any person issued under the Act upon repeated acts of clearly excessive prescribing, furnishing, or administering psychotropic medications to a minor without a good faith prior examination of the patient and medical reason.

  • To read full text of HB 281: Click
  • To file an electronic witness slip on HB 281: Click

 

HB 508, Representative Kathleen Willis

Amends the Illinois Public Aid Code. Provides that mobile specialty care providers that serve children enrolled in a managed care organization shall not be required to obtain prior authorization in order to receive reimbursement for all services within the normal scope of chronic disease management, including, but not limited to, asthma, diabetes, obesity, and reproductive health. Requires mobile specialty care providers to make all reasonable attempts, as defined by rule of the Department of Healthcare and Family Services, to connect the children they serve to their primary care physician or an appropriate hospital defined as a Safety-Net Hospital under the Code to maintain a proper medical home. Defines “mobile specialty care provider”. Requires the Department to adopt any rules necessary to implement these provisions.

  • To read full text of HB 508: Click
  • To file an electronic witness slip on HB 508: Click

 

HB 704, Representative Patricia R. Bellock

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 HB 704: Click
  • To file an electronic witness slip on HB 704: Click

 

HB 735, Representative Mary E. Flowers

Amends the Illinois Public Aid Code. Provides that a redetermination of eligibility for medical assistance benefits shall be conducted once every 12 months. Effective January 1, 2018.

  • To read full text of HB 735: Click
  • To file an electronic witness slip on HB 735: Click

 

HB 737, Representative Charles Meier

Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that after a community mental health or developmental services agency’s license has been revoked, it shall continue providing for the health, safety, and welfare of the individuals it was serving by ensuring residents have been fully informed of their rights and options within time frames to be specified in rule and by a specified private, not-for-profit corporation directed by the Governor to administer the State plan to protect and advocate for the rights of persons with developmental disabilities. Effective immediately.

  • To read full text of HB 737: Click
  • To file an electronic witness slip on HB 737: Click

 

HB 739, Representative Charles Meier

Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that a public or private agency, association, partnership, corporation, or organization that has had a license revoked under a specified provision of the Act may not apply for or possess a license under a different name.

  • To read full text of HB 739: Click
  • To file an electronic witness slip on HB 739: Click

 

 

HB 740, Representative Patricia R. Bellock

Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that a community mental health or developmental services agency shall collect and securely store identifying and contact information for each individual resident. Provides that this information may include, but not be limited to, a current photograph, personal contact information, guardian or emergency contact information, and a log of all off-site overnight visits. Provides that this information shall be updated periodically.

  • To read full text of HB 740: Click
  • To file an electronic witness slip on HB 740: Click

 

HB 748, Representative Charles Meier

Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Requires facilities licensed under the Act to notify the Department of Human Services when emergency calls are made from the facility. Grants the Department rulemaking power to implement the notification procedures.

  • To read full text of HB 748: Click
  • To file an electronic witness slip on HB 748: Click

 

HB 2358, Representative Patricia R. Bellock

Amends the Illinois Public Aid Code. Requires managed care organizations under contract with the Department of Healthcare and Family Services to follow a standard prescription drug formulary established by the Department by rule. Requires the Department to adopt any rules necessary to implement the provision.

  • To read full text of HB 2358: Click
  • To file an electronic witness slip on HB 2358: Click

 

HB 2383, Representative Randy E. Freese

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the provision requiring the Department of Human Services to develop a training program for authorized direct care staff to administer medications under the supervision and monitoring of a registered professional nurse applies to (i) all residential (rather than all programs) for persons with a developmental disability in settings of 16 persons or fewer that are funded or licensed by the Department of Human Services and that distribute or administer medications, and (ii) all day programs certified to serve persons with developmental disabilities by the Department of Human Services. Provides that the training program for authorized direct care staff shall include educational and oversight components for staff who work in day programs that are similar to those for staff who work in residential programs.

  • To read full text of HB 2383: Click
  • To file an electronic witness slip on HB 2383: Click

 

House Aging Committee

February 23, 2017, 9:00 a.m.

Room 413, Stratton Building

Springfield, IL

 

SUBJECT MATTER: The Community Reinvestment Program.

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

 

House Healthcare Licenses Committee

February 23, 2017, 10:00 a.m.

Room C-1, Stratton Building

Springfield, IL

 

HB 1811, Representative Michelle Mussman

Amends the Regulatory Sunset Act. Removes the Interpreter for the Deaf Licensure Act of 2007 from provisions setting a repeal date of January 1, 2018 for certain regulatory Acts.

  • To read full text of HB 1811: Click
  • To file an electronic witness slip on HB 1811: Click

 

House Cost Benefit Analysis Committee

February 23, 2017, 1:30 p.m.

Room C-1, Stratton Building

Springfield, IL

 

HB 384, Representative David Harris

Repeals the Illinois Health Facilities Planning Act and abolishes the Health Facilities and Services Review Board. Amends the Health Care Self-Referral Act to transfer the Board’s functions under that Act to the Department of Public Health. Amends various other Acts to eliminate references to the Board or the Illinois Health Facilities Planning Act.

  • To read full text of HB 384: Click
  • To file an electronic witness slip on HB 384: Click

 

 

 

 

 

House Restorative Justice Committee

February 23, 2017, 2:30 p.m.

Room 122B, Capitol Building

Springfield, IL

 

HB 259, Representative La Shawn K. Ford

Creates the Isolated Confinement Restriction Act. Restricts the use of isolated confinement in correctional facilities in the State. Provides that a committed person shall not be placed in isolated confinement unless there is reasonable cause to believe that the committed person would create a substantial risk of immediate serious harm to himself, herself, or another, and a less restrictive intervention would be insufficient to reduce this risk and the correctional facility shall bear the burden of establishing this standard. Provides that a committed person shall not be placed in isolated confinement before receiving a personal and comprehensive medical and mental health examination conducted by a clinician. Defines “clinician” as: (1) a physician who is licensed to practice medicine in all of its branches and is certified in psychiatry by the American Board of Psychiatry and Neurology or the American Osteopathic Board of Neurology and Psychiatry, or has completed 4 years of an accredited post-graduate training program in psychiatry; or (2) a licensed clinical psychologist. Provides that a committed person held in emergency confinement shall receive an initial medical and mental health evaluation within 2 hours. Establishes conditions in which a committed person may be placed in protective custody. Amends the Unified Code of Corrections to make conforming changes. Effective January 1, 2018, except that the Department of Corrections rules provisions are effective immediately.

  • To read full text of HB 259: Click
  • To file an electronic witness slip on HB 259: Click

 

HJR 8, Representative Thomas Bennett

Urges the Department of Juvenile Justice to amend administrative rules regarding Maximum Penalties for Youth.

  • To read full text of HJR 8: Click
  • To file an electronic witness slip on HJR 8: Click

 

House Revenue & Finance Committee

February 24, 2017, 8:30 a.m.

Room 118, Capitol Building

Springfield, IL

 

HB 215, Representative La Shawn K. Ford

Amends the Illinois Income Tax Act. Creates an income tax checkoff for the Mental Health

 

Income Tax Checkoff Fund. Amends the State Finance Act to create the Fund. Provides that moneys in the Fund may be used by the Department of Public Health for the purpose of making grants to providers of mental health services in the State.

  • To read full text of HB 215: Click
  • To file an electronic witness slip on HB 215: Click

 

HB 360, Representative Allen Skillicom

Amends the Property Tax Code. In a Section concerning the homestead exemption for veterans with disabilities, provides that, for taxable years 2017 and thereafter, if the veteran has a service connected disability of 20% (currently, 30%) or more but less than 50%, then the annual exemption is $2,500. Provides that that exemption also applies to veterans who are not disabled but are over the age of 75. Removes a requirement that the homestead exemption for veterans with disabilities applies only to residences with an equalized assessed value of less than $250,000.

  • To read full text of HB 360: Click
  • To file an electronic witness slip on HB 380: Click

 

HB 417, Representative Grant Wehrli

Amends the Property Tax Code. Provides that the Senior Citizens Assessment Freeze

Homestead Exemption also applies to persons with a disability. Amends the State Mandates Act to make conforming changes.

  • To read full text of HB 417: Click
  • To file an electronic witness slip on HB 417: Click

 

HB 1789, Representative Terri Bryant

Amends the Property Tax Code. Provides that disabled veterans need not annually seed certification from the Illinois Department of Veterans’ Affairs in order to continue receiving the exemption for veterans with disabilities. Makes conforming changes to the Mobile Home Local Services Tax Act.

  • To read full text of HB 1789: Click
  • To file an electronic witness slip on HB 1789: Click

 

House Elections & Campaign Finance Committee

February 24, 2017, 9:00a.m.

Room 114, Capitol Building

Springfield, IL

 

SUBJECT MATTER: Recap of the November 2016 Election

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

 

NOTE: there are no Senate committee hearings scheduled for this week.

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: February 17, 2017

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