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Weekly Legislative Update – March 18, 2024

LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITY

March 18, 2024

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 March 18, 2024.

NOTE: March 19, 2024, is the Primary General Election.  REMEMBER TO VOTE!

 

House Ethics and Elections Committee
March 20, 2024, 2:00 p.m.
Stratton Building, Room 413
Springfield, IL

 

HB 4198, Representative Carol Ammons

Amends the Election Code. Provides that an election authority may elect to mail a vote by mail ballot to all qualified voters instead of sending notices and applications for permanent vote by mail status. Requires the election authority to make a list of all voters to whom the vote by mail ballots will be sent, publicly post that list, and send the list to the State Board of Elections. Provides that a person who has never voted before may not be sent a vote by mail ballot under the provisions unless the person first provides the election authority with sufficient proof of identity and the election authority verifies the person’s proof of identity. Provides that a person may request, in writing, to the election authority that the person not receive a ballot sent under the provisions. Provides that the election authority shall keep a record of a person who has made a request and, in all future elections following receipt of the request, shall instead send the person who made the request a notice and application for permanent vote by mail status.

  • To read the full text of HB 4198: Click
  • To file an electronic witness slip on HB 4198: Click

HB 5316, Representative LaShawn K. Ford

Amends the Illinois Identification Card Act. Provides that the Secretary of State shall issue a State Voter Identification Card to any natural person who is a registered voter in the State of Illinois and who applies for the card or the renewal of the card. Sets forth the requirements of the State Voter Identification Card. Provides that the State Voter Identification Card may be used for identification purposes in any lawful situation only by the person to whom it was issued. Provides that the State Voter Identification Card shall be provided free of charge. Provides that, no later than January 1, 2025, the Secretary of State shall make available to the public application forms for the State Voter Identification Card. Provides that the Secretary of State shall adopt rules for the implementation and administration of the provision. Effective immediately.

  • To read the full text of HB 5316: Click
  • To file an electronic witness slip on HB 5316: Click

 

House Insurance Committee
March 20, 2024, 2:00 p.m.
Stratton Building, Room C-1
Springfield, IL

 

HB 4055, Representative William E. Hauter

Amends the Prior Authorization Reform Act. Changes the definition of “emergency services” to provide that for the purposes of the provisions, emergency services are not required to be provided in the emergency department of a hospital. Provides that notwithstanding any other provision of law, a health insurance issuer or a contracted utilization review organization may not require prior authorization or approval by the health plan for emergency services.

  • To read the full text of HB 4055: Click
  • To file an electronic witness slip on HB 4055: Click

 

House Health Care Availability & Accessibility Committee
March 20, 2024, 4:00 p.m.
Capitol Building, Room 122B
Springfield, IL

 

HB 4346, Representative Bob Morgan

Amends the Illinois Act on the Aging. In provisions concerning the Community Care Program (program), removes from the list of program services clearinghouse information provided by senior citizen home owners who want to rent rooms to or share living space with other senior citizens. In a provision requiring the Department on Aging to perform certain actions to increase the effectiveness of the program, removes a requirement that the Department ensure the determination of need tool is accurate in determining program participants’ level of need. In a provision concerning pre-service certification for in-home workers who provide housekeeping or home aide services, requires employing agencies to pay wages to in-home workers for pre-service and in-service training. Provides that the Department may authorize (rather than shall delay) program services until an applicant is determined eligible for medical assistance under the Illinois Public Aid Code. Removes a provision requiring the Department to implement co-payments under the program. Requires the Department to make annual (rather than quarterly) reports on care coordination unit performance and adherence to service guidelines. Removes expired rate levels. Requires the Department to pay an enhanced rate under the Community Care Program to those in-home service provider agencies that offer health insurance coverage as a benefit to their direct service worker employees. Provides that all final administrative decisions of the Department are subject to judicial review. Makes other changes.

  • To read the full text of HB 4346: Click
  • To file an electronic witness slip on HB 4346: Click

 

HB 5051, Representative Jenn Ladisch Douglass

Amends the Prior Authorization Reform Act. Provides that a health insurance issuer may

not require prior authorization for a prescription drug prescribed to a patient by a health care professional for 6 or more consecutive months, regardless of whether the prescription drug is a non-preferred medication pursuant to the patient’s health insurance coverage; or for specified prescription drugs, including insulin, human immunodeficiency virus prevention medication; human immunodeficiency virus treatment medication; viral hepatitis medication; estrogen; and progesterone.

  • To read the full text of HB 5051: Click
  • To file an electronic witness slip on HB 5051: Click

 

House Appropriations-Health & Human Services Committee
March 21, 2024, 8:30 a.m.
Capitol Building, Room 114 and Virtual Room 1, www.ilga.gov
Springfield, IL

 

SUBJECT MATTER:  Department of Children and Family Services, Guardianship and Advocacy Commission

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

 

 

House Elementary & Secondary Education: School Curriculum & Policies Committee
March 21, 2024, 8:30 a.m.
Stratton Building, Room D-1
Springfield, IL

 

HB 4474, Representative Nabeela Syed

Amends the Children with Disabilities Article of the School Code. Provides that in the development of the individualized education program for a student who is 17 years of age or older, or will be during that school year, the IEP team shall consider voter registration as an appropriate goal or competency to be included in the IEP, and, if appropriate, when and how voter registration shall be accomplished. Provides that any resulting decisions shall be included in the IEP. Effective July 1, 2024.

  • To read the full text of HB 4474: Click
  • To file an electronic witness slip on HB 4474: Click

 

HB 4586, Representative Anne Stava-Murray

Amends the School Code. Provides that a school board shall require each school to notify students and the students’ parents or guardians twice each year on how to access any mental health services offered in school or in the community where the school is located.

  • To read the full text of HB 4586: Click
  • To file an electronic witness slip on HB 4586: Click

 

House Human Services Committee
March 21, 2024, 8:30 a.m.
Capitol Building, Room 122B
Springfield, IL

 

HB 1298, HA 1, Representative Charles Meier

Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Removes provisions allowing the Department of Human Services to conduct site visits to an agency licensed under the Act, or to any program or placement certified by the agency, and inspect the records or premises, or both, of such agency, program or placement as it deems appropriate, for the purpose of determining compliance with the Act, the Mental Health and Developmental Disabilities Code, and applicable Department rules and regulations. Requires the Department to establish a system of regular and ongoing, and unannounced on-site inspections, that shall occur at least annually, of each agency licensed under the Act or any program or placement certified by an agency licensed under the Act under the Department’s jurisdiction. Provides that the inspections shall be conducted by the Department’s central office to achieve specified goals.

  • To read the full text of HB 1298: Click
  • To read the full text of HA 1: Click
  • To file an electronic witness slip on HB 1298, HA 1: Click

 

HB 2998, HA 1, Representative Charles Meier

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that before video surveillance equipment is installed or operated in common areas of any state-operated developmental center (SODC), the Department of Human Services must obtain unanimous consent from the residents or their guardians.  Also provides that if a person becomes a resident of an SODC in which video surveillance equipment is installed in common areas, the Department must obtain consent from the new resident or his/her guardian before continuing to operate the equipment. Also amends the Community Integrated Living Arrangements Licensing and Certification Act.  Provides that before video surveillance equipment is installed or operated in a facility licensed under the Act in the common areas of the facility, the owner or operator must obtain unanimous consent from the residents or their guardians.  Also provides that if a person becomes a resident of a facility in which video surveillance equipment is installed for purposes of monitoring common areas, the owner or operator of the facility must obtain consent from the new resident or the resident’s guardian before continuing to operate the equipment.

  • To read the full text of HB 2998, HA 1: Click
  • To file an electronic witness slip on HB 2998, HA 1: Click

 

HB 4261, Representative Kevin John Olickal

Amends the Illinois Act on Aging. Provides that all records containing resident, participant, and complainant information collected by the Long Term Care Ombudsman Program are confidential and shall not be disclosed outside of the program without a lawful subpoena or the permission of the State Ombudsman. Permits the State Ombudsman, at his or her discretion, to disclose resident or participant information if it is in the best interest of the resident or participant. Requires the Department on Aging to establish procedures for the disclosure of program records by the State Ombudsman. Provides that the procedures shall prohibit disclosure of a resident’s identity in case records unless the resident gives consent.

  • To read the full text of HB 4261: Click
  • To file an electronic witness slip on HB 4261: Click

 

HB 4338, HA 1, Representative Michelle Mussman

Amends the Adult Protective Services Act. Expands the definition of abuse to include causing any emotional injury to an adult with disabilities aged 18 through 59 or a person aged 60 or older (eligible adults). Provides that, contingent upon adequate funding, the Department on Aging may provide funding for legal assistance for eligible adults. Provides that, for self-neglect cases, the Department shall establish mandatory standards for the provision of emergent casework and follow-up services to mitigate the risk of harm or death to an eligible adult. Provides that, upon receiving a report of self-neglect, a provider agency shall conduct an unannounced face-to-face visit at the residence of the eligible adult to administer an eligibility screening to quickly determine if the eligible adult is posing a substantial threat to himself or herself or to others. Sets forth the process and procedures for eligibility screenings. Provides that if an eligibility screening indicates self-neglect, the provider agency shall develop and implement within 5 business days a case plan for the eligible adult in consultation with any other appropriate provider of services. Requires the Department to establish, by rule, the time period within which an eligibility screening shall begin and within which a service plan shall be implemented. As to all investigations conducted under the Act, requires a provider agency to notify the eligible adult, the alleged abuser, and the reporter of abuse of the agency’s final investigative findings. Makes changes to provisions concerning an eligible adult’s capacity to consent to an eligibility screening. Changes the minimal number of times the Illinois Fatality Review Team Advisory Council must meet each calendar year. Makes other changes. Repeals a provision permitting the Department to use qualified volunteers to provide companion-type services to eligible adults. Amends the Open Meetings Act. Exempts from the requirements of the Act meetings conducted by the Illinois Fatality Review Team Advisory Council and regional interagency fatality review teams.

  • To read the full text of HB 4338: Click
  • To read the full text of HA 1: Click
  • To file an electronic witness slip on HB 4338, HA 1: Click

 

HB 4364, HA 1, Representative Jay Hoffman

Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the

Department of Healthcare and Family Services to establish and administer a Seniors Deserve Dignity Program that provides monthly supplemental personal needs payments to persons residing in supportive living facilities who receive medical assistance and a personal needs allowance as specified in the Illinois Administrative Code. Provides that, beginning July 1, 2024, a qualifying person shall receive a monthly supplemental personal needs payment in the amount of $30 so that the person’s total monthly personal needs allowance is no less than $120. Provides that, beginning July 1, 2025, a qualifying person shall receive a monthly supplemental personal needs payment in the amount of $60 so that the person’s total monthly personal needs allowance is no less than $150. Requires a qualifying person’s monthly supplemental personal needs payment amount to be adjusted for inflation beginning July 1, 2026 and every July 1 thereafter. Provides that the monthly supplemental personal needs payments shall not be considered income for purposes of determining eligibility or the amount of assistance for any public aid benefit provided under State law. Grants the Department rulemaking authority. Effective July 1, 2024.

  • To read the full text of HB 4364: Click
  • To read the full text of HA 1: Click
  • To file an electronic witness slip on HB 4364, HA 1: Click

 

HB 4522, Representative Steven Reick

Amends the Administration Article of the Illinois Public Aid Code. Provides that subject to appropriation and any necessary federal waivers or approvals, the Department of Human Services shall develop and implement a transitional benefits program for Temporary Assistance for Needy Families (TANF) and the Supplemental Nutrition Assistance Program (SNAP) that is designed in such a way that a TANF or SNAP beneficiary will not experience an immediate loss of benefits should the beneficiary’s income exceed the maximum allowable income under the TANF or SNAP program. Provides that the transitional benefits offered shall gradually step down the beneficiary’s monthly benefit proportionate to the increase in the beneficiary’s income. Sets forth monthly benefits amounts based on monthly household income. Requires beneficiaries to comply with TANF and SNAP work requirements. Provides that, subject to appropriation, the Department shall implement, by July 1, 2025, a program to allow recipients to receive transitional child care benefits without the requirement that such recipients first be eligible for full child care benefits. Provides that transitional child care benefits shall be determined on a sliding scale for recipients with household incomes in excess of the eligibility level for full benefits. Sets forth the sliding benefit schedule for the program. Requires the Department to track the number of participants in the program and issue an annual report to the General Assembly by September 1, 2026 and by September 1 each year thereafter, detailing the effectiveness of the program in encouraging recipients to secure employment earning an income greater than the maximum wage eligible for the full child care benefit. Requires the Department to pursue all necessary waivers from the federal government to implement the program. Provides that upon federal approval, the Department shall limit any initial application for the SNAP, TANF, or the Child Care Assistance Program to a one-page form that is easily accessible on the Department’s website. Provides that persons participating in TANF, SNAP, or the Child Care Assistance Program who are required to complete a periodic eligibility review form, may submit such form as an attachment to their Illinois income tax return. Requires the Department of Human Services and the Department of Revenue to adopt rules. Effective immediately.

  • To read the full text of HB 4522: Click
  • To file an electronic witness slip on HB 4522: Click

 

HB 4684, Representative Tim Ozinga

Amends the Rehabilitation of Persons with Disabilities Act. Provides that,

notwithstanding any other law or rule to the contrary, funds held in an individual retirement account, a pension plan, an employer-sponsored 401(k) or 403(b) plan, or a plan established under the Self-Employed Individuals Retirement Act of 1962 shall be exempt and not counted as assets when determining an individual’s eligibility for services under the Act. Requires the Department of Human Services to adopt rules that are consistent with the provisions of the amendatory Act.

  • To read the full text of HB 4684: Click
  • To file an electronic witness slip on HB 4684: Click

 

HB 5236, Representative Bradley Fritts

Amends the Substance Use Disorder Act. Provides that, subject to appropriation, the Department of Human Services shall establish and administer pilot programs in the counties of Lee, Whiteside, Ogle, and Tazewell that allow for court-ordered involuntary treatment for persons 18 years of age or older who have a substance use disorder. Requires the pilot programs to be implemented no later than January 1, 2025 with an end date of January 1, 2029. Provides that under the pilot programs, no person shall be ordered to undergo involuntary treatment for a substance use disorder unless that person: (i) suffers from a substance use disorder; (ii) presents an imminent threat of danger to self, family, or others as a result of a substance use disorder, or there exists a substantial likelihood of such a threat in the near future; and (iii) can reasonably benefit from treatment. Contains provisions concerning the rights of persons subject to involuntary treatment; forms; jurisdiction; petition requirements; court and medical examinations; emergency hospitalization; the consequences of failing to attend examinations; summons; hospitals and treatment facilities; and defined terms. Requires the Department to submit a report to the General Assembly, no later than July 1, 2029, on the effectiveness and efficiency of each county’s pilot program. Sets out certain data and information that must be included in the report. Effective immediately.

  • To read the full text of HB 5236: Click
  • To file an electronic witness slip on HB 5236: Click

 

HB 5252, Representative Sharon Chung

Amends the Department of Human Services Act. Requires the Department of Human Services to, at least annually, provide each provider of home and community-based services an updated, detailed rate sheet for each funded client served by the provider. Provides that the Department must also, within 45 days of submission of any provider-based information to the Department, such as Inventory for Client and Agency Planning scores, which changes a client’s reimbursement rate, issue an updated rate sheet for the client. Provides that each detailed rate sheet must include full rate calculator formula transparency.

  • To read the full text of HB 5252: Click
  • To file an electronic witness slip on HB 5252: Click

 

HB 5347, Representative Elizabeth “Lisa” Hernandez

Amends the Department of Human Services Act. Provides that the Pathways for Community Integration Network program is established in the Department of Human Services. Provides that the program shall create a network of community integration providers to foster pathways to safety, well-being, and economic security. Permits the Department to adopt any rules necessary to implement the program.

  • To read the full text of HB 5347: Click
  • To file an electronic witness slip on HB 5347: Click

 

HB 5354, HA 1, Representative Suzanne M. Ness

Amends the Customized Employment for Individuals with Disabilities Act. Changes the name of the Customized Employment Pilot Program to the Customized Employment Demonstration Program. Provides that the program shall consist of components consistent with specified standards published by the Workforce Innovation Technical Assistance Center and the Youth Technical Assistance Center under grants from the federal Department of Education. Provides that the Division of Rehabilitation Services of the Department of Human Services shall collect data concerning the successes and challenges of the program and shall submit an annual report to the Governor and the General Assembly on March 1st of each year beginning in 2026 until the program terminates. Defines “customized employment”.

  • To read the full text of HB 5354: Click
  • To read the full text of HA 1: Click
  • To file an electronic witness slip on HB 5354, HA 1: Click

 

HB 5410, Representative Charles Meier

Amends the Illinois Act on the Aging. In provisions concerning the Long Term Care Ombudsman Program, requires each long term care facility, supportive living facility, assisted living establishment, shared housing establishment, and State-operated developmental center to display, in multiple, conspicuous public places within the facility accessible to both visitors and residents and in an easily readable format, the address and statewide toll-free telephone number (rather than phone number) of the Long Term Care Ombudsman Program and the Internet web address of the Long Term Care Ombudsman Program’s website. Requires each long term care facility, supportive living facility, assisted living establishment, shared housing establishment, and State-operated developmental center to post on the home page of the facility’s website the statewide toll-free telephone number of the Long Term Care Ombudsman Program and a link to the Long Term Care Ombudsman Program’s website.

  • To read the full text of HB 5410: Click
  • To file an electronic witness slip on HB 5410: Click

 

HB 5417, Representative Kelly M. Cassidy

Amends the Department of Public Health Act. Establishes the role of HIV Treatment Innovation Coordinator to be housed within the Department. Provides that the Department shall create and fill the Coordinator role within 6 months after the effective date of the amendatory Act. Requires the Coordinator to develop and execute a comprehensive strategy to adopt a Rapid Start model for HIV treatment as the standard of care. Requires compensation and benefits for the Coordinator be at the Program Director level. Describes the specific job responsibilities of the Coordinator. Amends the Illinois Insurance Code. Provides that an individual or group policy of accident and health insurance amended, delivered, issued, or renewed in this State on or after January 1, 2025 shall provide coverage for home test kits for sexually transmitted infections, including any laboratory costs of processing the home test kit, that are deemed medically necessary or appropriate and ordered directly by a clinician or furnished through a standing order for patient use based on clinical guidelines and individual patient health needs. Makes a conforming change to the Illinois Public Aid Code regarding coverage for home test kits for sexually transmitted infections. Amends the AIDS Confidentiality Act. Creates the Illinois AIDS Drug Assistance Program. Provides that Illinois AIDS Drug Assistance Program applications shall be processed within 72 hours after the time of submission. Provides for conditional approval of Illinois AIDS Drug Assistance Program applications within 24 hours after time of submission. Requires Illinois AIDS Drug Assistance Program applicants to document residency within the State of Illinois. Provides for 8 Rapid Start for HIV Treatment pilot sites established by the Department of Public Health. Provides that the Department shall publish a report on the operation of the pilot program 15 months after the pilot sites have launched. Establishes requirements for the report, requires that the report be shared with the General Assembly, the Governor’s Office, and requires that the report be made available on the Department’s Internet website. Amends the County Jail Act. Creates new annual adult correctional facility public inspection report requirements on the topics of HIV and AIDS.

  • To read the full text of HB 5417: Click
  • To file an electronic witness slip on HB 5417: Click

 

HB 5553, HA 1, Representative Sharon Chung

Amends the Department of Human Services Act. Provides that subject to appropriation, the Department of Human Services shall establish and administer a program to provide grants to crisis walk-in centers that provide services in a homelike environment to persons experiencing a mental health crisis who would otherwise be placed in improper care settings. Provides that to be eligible for a grant under the program a crisis walk-in center must provide crisis intervention and support services to adults 18 years of age or older at a facility that operates a minimum of 8 to 16 hours per day, 5 to 7 days a week. Requires staff at the crisis walk-in center to include at least one certified peer recovery support specialist and at least one licensed mental health professional who is available during the center’s hours of operation to assess the severity of a client’s mental health crisis, assist in developing a safety plan, and connect a client to appropriate community resources and other long-term behavioral health providers. Provides that grants awarded under the program may be used to fund increased staffing, facility improvements, or security measures at existing crisis walk-in centers. Provides that grants may also be awarded to behavioral health providers for the establishment or operation of crisis walk-in centers in underserved communities. Permits the Department to adopt rules on application requirements and any other rules necessary to implement the program.

  • To read the full text of HB 5553: Click
  • To read the full text of HA 1: Click
  • To file an electronic witness slip on HB 5553, HA 1: Click

 

HB 5645, Representative Anna Moeller

Amends the Nursing Home Care Act. Adds (in addition to other criteria) that if a resident fails to pay or has a late payment and the facility follows the federal discharge and transfer requirements, including the issuance of a notice of facility-initiated discharge, then a facility that participates in the Medical Assistance Program may refuse to retain as a resident any person who resides in a part of the facility that does not participate in the Medical Assistance Program and who is unable to pay for his or her care in the facility without medical assistance.

  • To read the full text of HB 5645: Click
  • To file an electronic witness slip on HB 5645: Click

 

House Judiciary-Civil Committee
March 21, 2024, 8:30 a.m.
Stratton Building, Room C-1
Springfield, IL

 

HB 4275, Representative Lindsey LaPointe

Amends the Probate Act of 1975. Provides that upon the filing of a petition by a reputable person or by the alleged person with a disability himself or on its own motion, the court may adjudge a person to be a person with a disability, but only if it has been demonstrated by clear and convincing evidence that the person is a person with a disability and the person cannot be supported through a supported decision-making agreement. Provides that at the time of the appointment of a guardian the court shall inform the ward of his right to petition for termination of an adjudication of disability using a supported decision-making agreement. Makes other changes. Amends the Supported Decision-Making Agreement Act. Changes the definition of “principal” to mean an adult (rather than an adult with intellectual or developmental disabilities) who seeks to enter, or has entered, into a supported decision-making agreement with a supporter. Allows a principal to elect to nominate the supporter as the principal’s health care surrogate and may act as the principal’s health care surrogate when the standards set forth in the Health Care Surrogate Act have been met. Makes conforming changes. Amends the Health Care Surrogate Act. Provides that a supporter designated under a supported decision-making agreement has second priority to make decisions on behalf of a patient.

  • To read the full text of HB 4275: Click
  • To file an electronic witness slip on HB 4275: Click

 

HB 4613, Representative Maura Hirschauer

Amends the Probate Act of 1975. Allows a ward in guardianship to get married who understands the nature, effect, duties, and obligations of marriage. Prior consent of the guardian of the person or estate or approval of the court is not required for the ward to enter into a marriage. A guardian may contest the validity of the marriage pursuant to Sections 301 and 302 of Illinois Marriage and Dissolution of Marriage Act.

  • To read the full text of HB 4613: Click
  • To file an electronic witness slip on HB 4613: Click

 

HB 4821, Representative Curtis J. Tarver, II

Amends the Illinois Human Rights Act. Authorizes an aggrieved party to commence a civil action in the appropriate circuit court within 300 calendar days after the date that a civil rights violation allegedly has been committed.

  • To read the full text of HB 4821: Click
  • To file an electronic witness slip on HB 4821: Click

 

HB 4963, Representative Maurice A. West, II

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 evaluation that assesses the cognitive, emotional, and functional capacities of the respondent and that has been performed by a licensed clinical psychologist under the Clinical Psychologist Licensing Act within 3 months of the date of the filing of the petition or within one year of the date of the filing of the petition in the case of an individual with an intellectual disability. 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 report that states the ward possesses testamentary capacity from a current physician or a licensed clinical psychologist. Effective immediately.

  • To read the full text of HB 4963: Click
  • To file an electronic witness slip on HB 4963: Click

 

HB 5649, Representative Abdelnasser Rashid

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice within the meaning of the Act for a licensed mental health professional to provide mental health services to a patient through the use of artificial intelligence without first obtaining informed consent from the patient for the use of artificial intelligence tools and disclosing the use of artificial intelligence tools to the patient before providing services through the use of artificial intelligence. Amends the Clinical Social Work and Social Work Practice Act, the Medical Practice Act of 1987, the Nurse Practice Act, the Illinois Occupational Therapy Practice Act, and the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Makes corresponding changes in grounds for discipline. Provides that the Department of Financial and Professional Regulation may adopt rules to regulate the use of artificial intelligence tools to provide mental health services.

  • To read the full text of HB 5649: Click
  • To file an electronic witness slip on HB 5649: Click

 

House Health Care Licenses Committee
March 21, 2024, 10:00 a.m.
Capitol Building, Room 122B
Springfield, IL

 

HB 4506, Representative Maurice A. West

Amends the Mental Health and Developmental Disabilities Confidentiality Act. Allows, upon request, an investigator or attorney employed by the Department of Financial and Professional Regulation investigating any provider of mental health or developmental disabilities services who is a licensee of the Department to inspect and copy a recipient’s record or any part thereof. Provides that nothing in the Act prohibits the use of a recipient’s records in an administrative proceeding conducted by the Department.

  • To read the full text of HB 4506: Click
  • To file an electronic witness slip on HB 4506: Click

 

HB 5022, Representative Lindsey LaPointe

Amends the Specialized Mental Health Rehabilitation Act of 2013. Provides that an advanced practice registered nurse shall observe consumers and staff and their interactions at least weekly, and the psychiatric medical director shall be present at the facility at least monthly to review interactions and make necessary modifications. Effective immediately.

  • To read the full text of HB 5022: Click
  • To file an electronic witness slip on HB 5022: Click

  

House Housing Committee
March 21, 2024, 10:00 a.m.
Stratton Building, Room 413
Springfield, IL

 

HB 5242, Representative Kelly M. Cassidy

Amends the Environmental Barriers Act. Defines “ICC/ANSI A117.1”, as used in the Act,

as meaning either of the 2 most recent editions of the International Code Council/American National Institute Standard A117.1 (“Accessible and Usable Buildings and Facilities”). Provides that no public facility may be constructed or altered and no multi-story housing may be constructed or altered (rather than only constructed) without the statement of an architect registered in the State of Illinois that the plans for the work to be performed comply with the provisions of the Act and the Code promulgated under the Act unless the cost of such construction or alteration is less than $50,000. Provides that multi-story housing that is not a public facility but that is subject to specified requirements shall be deemed to be in compliance with the Code if all dwelling units in the multi-story housing are required to be adaptable dwelling units comply with the requirements for Type A units in ICC/ANSI A117.1, if dwelling units in the multi-story housing comply with the requirements for Type B units in ICC/ANSI A117.1, and if all common use and public uses spaces comply with the Code. Provides that an election to use this alternative compliance method must be explicitly identified in the required statement made by a professional engineer or a structural engineer.

  • To read the full text of HB 5242: Click
  • To file an electronic witness slip on HB 5242: Click

 

HB 5525, Representative Lilian Jimenez

Amends the Illinois Human Rights Act. Provides that State policy is that access to housing is a fundamental human right in preventing discrimination based on familial status or source of income in real estate transactions. Defines “source of income”. Provides that this definition prohibits a person engaged in a real estate transaction from requiring a credit check before approving another person in the process of renting real property or requiring a move-in fee in lieu of a security deposit or in addition to a security deposit.

  • To read the full text of HB 5525: Click
  • To file an electronic witness slip on HB 5525: Click

 

House Elementary & Secondary Education: Administration, Licensing & Charter Schools Committee
March 21, 2024, 2:00 p.m.
Capitol Building, Room 115
Springfield, IL

HB 4277, Representative Janet Yang Rohr

Amends the Educator Licensure Article of the School Code. Requires the world language endorsement on a Professional Educator License to include American Sign Language under rules of the State Board of Education.

  • To read the full text of HB 4277: Click
  • To file an electronic witness slip for HB 4277: Click

 

HB 5619, Representative Diane Blair-Sherlock

Amends the Children with Disabilities Article of the School Code. Provides that, subject to appropriation, the State Board of Education shall allocate sufficient funds to provide for transportation and lodging for the members of the Advisory Council on the Education of Children with Disabilities to attend meetings in Springfield and shall provide funds, not to exceed $5,000, for scholarships for families to attend an annual legislative breakfast organized by the Advisory Council.

  • To read the full text of HB 5619: Click
  • To file an electronic witness slip on HB 5619: Click

 

House Labor & Commerce Committee
March 21, 2024, 2:00 p.m.
Capitol Building, Room 114
Springfield, IL

 

HB 5570, Representative Charles Meier

Creates the Employment Choice for All Act. Provides that, subject to appropriation, on

and after July 1, 2030, the Department of Labor shall award grants to eligible employers who were issued 14(c) certificates in transforming their business model from providing employment using 14(c) certificates to a business model that employs and supports individuals with disabilities by providing competitive integrated employment. Sets forth requirements and procedures for receiving the grant. Preempts home rule. Provides that the Department shall conduct an evaluation of grants awarded under the Act. Creates the Competitive Integrated Employment Task Force and sets forth the purpose and membership of the Task Force. Amends the Minimum Wage Law to make conforming changes. Effective January 1, 2030.

  • To read the full text of HB 5570: Click
  • To file an electronic witness slip on HB 5570: Click

 

House State Government Committee
March 21, 2024, 2:00 p.m.
Capitol Building, Room 118 and Virtual Room 2, www.ilga.gov
Springfield, IL

 

HB 4813, Representative Yolonda Morris

Amends the Information Technology Accessibility Act. Provides that the Department of

Innovation and Technology (currently, the Department of Human Services) shall review certain accessibility standards. Removes a specific reference to the Department of Central Management Services. Effective immediately.

  • To read the full text of HB 4813: Click
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House Judiciary-Criminal Committee
March 21, 2024, 4:00 p.m.
Stratton Building, Room D-1
Springfield, IL

 

HB 4726, Representative Kevin John Olickal

Amends the Juvenile Court Act of 1987. Repeals a provision excluding certain minors accused of committing specified crimes from the jurisdiction of the juvenile court. Effective immediately.

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HB 4828, Representative Kevin John Olickal

Creates the Isolated Confinement Restriction Act. Provides that the Act may be referred to as the Nelson Mandela Act. Provides that, except as otherwise provided in the Act, the use of isolated confinement in correctional facilities in the State shall be restricted as follows: (1) a committed person may not be placed in isolated confinement for more than 10 consecutive days; (2) a committed person may not be placed in isolated confinement for more than 10 days in any 180-day period; and (3) while out of cell, committed persons may have access to activities, including, but not limited to: job assignments, educational classes, vocational classes, meals, recreation, yard or gymnasium, day room, bathing facilities, medical appointments, visits, and group therapy. Provides that a committed person in protective custody may opt out of that status by providing informed, voluntary, written refusal of that status. Provides that nothing in the Act is intended to restrict any rights or privileges a committed person may have under any other statute, rule, or regulation. Provides that the Department of Corrections shall post on the Department’s official website quarterly reports on the use of isolated confinement. Provides that these reports shall not include personally identifiable information regarding any committed person. Defines terms. Amends the Unified Code of Corrections to make conforming changes. Effective immediately.

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HB 5070, Representative Justin Slaughter

Amends the Juvenile Court Act of 1987. Provides that if the minor has multiple delinquency petitions filed against him or her, remaining petitions pending against the minor respondent shall be adjudicated within 120 (rather than 160) days from the date on which a finding relative to the first petition prosecuted is rendered. Restructures the provisions concerning alleged delinquent minors and pretrial detention of alleged delinquent minors.

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HB 5308, Representative Lilian Jimenez

Amends the Juvenile Court Act of 1987. Provides that the automatic expungement of juvenile law enforcement records and court records includes juvenile DNA records. Provides that in cases involving juvenile records that are not subject to automatic expungement, a person may petition for the expungement of the person’s juvenile DNA records. Amends the Unified Code of Corrections. Deletes a provision that DNA shall be collected from a person who received a disposition of supervision under the Juvenile Court Act of 1987. Provides that whenever expungement is granted under the Juvenile Court Act of 1987, the DNA record shall be expunged from the DNA identification index, and the Illinois State Police shall by rule prescribe procedures to ensure that the record and any specimens, analyses, or other documents relating to such record, whether in the possession of the Illinois State Police or any law enforcement or police agency, or any forensic DNA laboratory, including any duplicates or copies thereof, are destroyed and a letter is sent to the court verifying the expungement is completed. Provides that for specimens required to be collected prior to conviction, unless the individual has other charges or convictions that require submission of a specimen, the DNA shall not be submitted into the Federal Bureau of Investigation’s Combined DNA Index System (CODIS).

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House Mental Health & Addiction Committee
March 22, 2024, 11:30 a.m.
Stratton Building, Room C-1
Springfield, IL

 

HB 4475, Representative Lindsey LaPointe

Amends the Illinois Insurance Code. Provides that the amendatory Act may be referred

to as the Strengthening Mental Health and Substance Use Parity Act. Provides that a group or individual policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2025, or any third-party administrator administering the behavioral health benefits for the insurer, shall cover all out-of-network medically necessary mental health and substance use benefits and services (inpatient and outpatient) as if they were in-network for purposes of cost sharing for the insured. Provides that the insured has the right to select the provider or facility of their choice and the modality, whether the care is provided via in-person visit or telehealth, for medically necessary care. Sets forth minimum reimbursement rates for certain behavioral health benefits. Sets forth provisions concerning responsibility for compliance with parity requirements; coverage and payment for multiple covered mental health and substance use services, mental health or substance use services provided under the supervision of a licensed mental health or substance treatment provider, and 60-minute individual psychotherapy; timely credentialing of mental health and substance use providers; Department of Insurance enforcement and rulemaking; civil penalties; and other matters. Amends the Illinois Administrative Procedure Act to authorize emergency rulemaking. Effective immediately.

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HB 4665, HA 1, Representative Lindsey LaPointe

Creates the Mental Health and Substance Use Disorder Professional Support Grant Program Act. Creates within the Department of Human Services a Mental Health and Substance Use Disorder Professional Support Grant Program to provide grants to mental health facilities and substance use disorder treatment programs. Creates the Mental Health and Substance Use Disorder Professional Support Grant Fund as a special fund in the State treasury. Provides that money in the Fund shall be used by the Secretary of the Department to make grants to eligible mental health facilities and substance use disorder treatment programs. Requires grant recipients to use grant funds for expenses related to recruiting, retaining, and compensating licensed mental health or substance use disorder professionals. Provides that each grant recipient shall receive up to $200,000 in grant funding for each mental health or substance use disorder professional employed, engaged, or contracted by the recipient. Contains provisions concerning application requirements and Department rulemaking authority. Amends the Substance Use Disorder Act. Provides that the amendatory provisions may be referred to as the Equity in Accessibility Law. Requires the Department to provide funding and reimbursement for those costs associated with the provision of American Sign Language services and interpretive services for non-English speaking patients at substance use disorder treatment programs and facilities. Provides that funding and reimbursement shall be based upon the actual cost incurred by the substance use disorder treatment program or facility and shall reflect regional differences in costs and expenses related to the provision of American Sign Language and interpretive services at each location. Contains provisions on applications requirements and Department rulemaking authority. Effective immediately.

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HB 4706, Representative Jennifer Gong-Gershowitz

Amends the Substance Use Disorder Act and the Mental Health and Developmental Disabilities Code. Provides that substance abuse programs and mental health or developmental disabilities facilities operating in the State shall provide verbal notice to the personal representative of the patient within 24 hours after the death of a patient and shall provide written notice to the personal representative of the patient within 5 days after the death of a patient. Effective immediately.

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HB 4922, Representative Lindsey LaPointe

Amends various Acts concerning children’s mental health. Amends the School Code. Provides that on or before October 1, 2024, the State Board of Education, in consultation with the Children’s Behavioral Health Transformation Team, the Office of the Governor, and relevant stakeholders as needed shall release a strategy that includes a tool for measuring capacity and readiness to implement universal mental health screening of students. Provides that the State Board of Education shall issue a report to the Governor and the General Assembly on school district readiness and plan for phased approach to universal mental health screening of students on or before April 1, 2025. Repeals the Wellness Checks in Schools Program Act. Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall implement guidance to managed care organizations and similar care coordination entities contracted with the Department, so that the managed care organizations and care coordination entities respond to lead indicators with services and interventions that are designed to help stabilize the child. Amends the Children’s Mental Health Act. Provides that the Children’s Mental Health Partnership shall advise the Children’s Behavioral Health Transformation Initiative on designing and implementing short-term and long-term strategies to provide comprehensive and coordinated services for children from birth to age 25 and their families with the goal of addressing children’s mental health needs across a full continuum of care, including social determinants of health, prevention, early identification, and treatment. Provides that the Department of Public health (rather than the Department of Healthcare and Family Services) shall provide technical and administrative support for the Partnership. Deletes provision that the Partnership shall employ an Executive Director and set the compensation of the Executive Director and other such employees and technical assistance as it deems necessary to carry out its duties. Amends the Interagency Children’s Behavioral Health Services Act. Provides that the Children’s Behavioral Health Transformation Team in collaboration with the Department of Human Services shall develop a program to provide one-on-one in-home respite behavioral health aids to youth requiring intensive supervision due to behavioral health needs. Effective immediately.

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HB 5129, Representative Dan Ugaste

Amends the Mental Health and Developmental Disabilities Code. Provides that, if a person is determined to pose a clear and present danger to himself, herself, or to others by a physician, clinical psychologist, or qualified examiner, whether employed by the State, by any public or private mental health facility or part thereof, or by a law enforcement official or a school administrator, then the physician, clinical psychologist, or qualified examiner shall notify the Department of Human Services and a law enforcement official or school administrator shall notify the Illinois State Police and the appropriate local law enforcement agency (rather than shall notify the Illinois State Police), within 24 hours of making the determination that the person poses a clear and present danger.

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HB 5631, Representative Anne Stava-Murray

Amends the Mental Health and Developmental Disabilities Code. Prohibits the use of a

lethal restraint as a therapeutic measure to prevent a recipient from causing physical harm to himself or physical abuse to others or for any other purpose. Defines “lethal restraint” as a restraint the use of which may lead to the death or severe injury of the person being restrained.

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Senate Education Committee
March 20, 2024, 4:00 p.m.
Capitol Building, Room 212
Springfield, IL

 

SB 1400, Senator Kimberly Lightford

Amends the School Code. In provisions concerning student discipline policies, provides that the State Board of Education shall draft and publish model policy guidelines for the development of reciprocal reporting systems and school bus safety protocols and for evidence-based early intervention procedures. In provisions concerning the suspension or expulsion of students, makes changes concerning a student’s gross disobedience or misconduct posing an immediate threat to the health or safety of students or school personnel, when school exclusions should be used, the number and duration of expulsions and suspensions, the implementation of proactive evidence-based interventions that improve behavioral outcomes for all students, non-exclusionary discipline, out-of-school suspensions of 3 days or less, model policy guidelines for the re-engagement of students, professional development, and the removal of children with disabilities who violate the student discipline policies from their current placement. Makes other changes. Effective immediately.

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Senate Judiciary Committee
March 20, 2024, 4:00 p.m.
Capitol Building, Room 409
Springfield, IL

 

SB 2758, SA 1, Senator Karina Villa

Amends the Probate Act of 1975. Allows a ward in guardianship to marry if the ward

understands the nature, effect, duties, and obligations of marriage. Provides that prior consent of the guardian of the person or estate or approval of the court is not required for the ward to enter into a marriage. Provides that a guardian may contest the validity of a marriage under the Illinois Marriage and Dissolution of Marriage Act.

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SB 3310, Senator Mike Simmons

Amends the Illinois Human Rights Act. Extends the date to file a charge from 300 calendar days to 3 years for an alleged violation under the Act except for the Real Estate Transactions Article. Authorizes the Human Rights Commission to award damages under the Act that are recognized under Illinois tort law and punitive damages if the allegations of the violation under the Act meet the evidentiary requirements under Illinois law for an award of punitive damages. Exempts action under the Real Estate Transactions Article.

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Senate Health and Human Services Committee
March 20, 2024, 5:00 p.m.
Capitol Building, Room 400
Springfield, IL

SB 2578, Senator Doris Turner

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, in accordance with federal guidance issued by the federal Centers for Medicare and Medicaid Services, the Department of Healthcare and Family Services shall exempt from electronic visit verification requirements all live-in caregivers who provide Medicaid-funded personal care services or home health care services under the Illinois Title XIX State Plan or a waiver of the plan, including personal care services and home health care services provided under various home and community-based services waiver programs authorized under the Social Security Act. Defines “live-in caregiver”. Grants the Department rulemaking authority. Effective immediately.

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SB 2760, Senator Mattie Hunter

Amends the Illinois Act on the Aging. In provisions concerning the Community Care Program (program), removes from the list of program services clearinghouse information provided by senior citizen home owners who want to rent rooms to or share living space with other senior citizens. In a provision requiring the Department on Aging to perform certain actions to increase the effectiveness of the program, removes a requirement that the Department ensure the determination of need tool is accurate in determining program participants’ level of need. In a provision concerning pre-service certification for in-home workers who provide housekeeping or home aide services, requires employing agencies to pay wages to in-home workers for pre-service and in-service training. Provides that the Department may authorize (rather than shall delay) program services until an applicant is determined eligible for medical assistance under the Illinois Public Aid Code. Removes a provision requiring the Department to implement co-payments under the program. Requires the Department to make annual (rather than quarterly) reports on care coordination unit performance and adherence to service guidelines. Removes expired rate levels. Requires the Department to pay an enhanced rate under the Community Care Program to those in-home service provider agencies that offer health insurance coverage as a benefit to their direct service worker employees. Provides that all final administrative decisions of the Department are subject to judicial review. Makes other changes.

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SB 2957, Senator Mattie Hunter

Amends the Illinois Act on the Aging. In a provision requiring a long term care facility to

permit the Office of State Long Term Care Ombudsman to examine and copy a resident’s clinical and other records, includes access to facility incident reports. In the definition of “access”, changes “express written consent” to “express consent”.

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SB 3256, Senator Doris Turner

Amends the Nursing Home Care Act. Adds (in addition to other criteria) that if a resident fails to pay or has a late payment and the facility follows the federal discharge and transfer requirements, including the issuance of a notice of facility-initiated discharge, then a facility that participates in the Medical Assistance Program may refuse to retain as a resident any person who resides in a part of the facility that does not participate in the Medical Assistance Program and who is unable to pay for his or her care in the facility without medical assistance.

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Senate Behavioral and Mental Health Committee
March 21, 2024, 9:00 a.m.
Capitol Building, Room 409
Springfield, IL

 

SB 3316, SA 2, Senator Sara Feigenholtz

Amends various Acts concerning children’s mental health. Amends the School Code.

Provides that on or before October 1, 2024, the State Board of Education, in consultation with the Children’s Behavioral Health Transformation Team, the Office of the Governor, and relevant stakeholders as needed shall release a strategy that includes a tool for measuring capacity and readiness to implement universal mental health screening of students. Provides that the State Board of Education shall issue a report to the Governor and the General Assembly on school district readiness and plan for phased approach to universal mental health screening of students on or before April 1, 2025. Repeals the Wellness Checks in Schools Program Act. Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall implement guidance to managed care organizations and similar care coordination entities contracted with the Department, so that the managed care organizations and care coordination entities respond to lead indicators with services and interventions that are designed to help stabilize the child. Amends the Children’s Mental Health Act. Provides that the Children’s Mental Health Partnership shall advise the Children’s Behavioral Health Transformation Initiative on designing and implementing short-term and long-term strategies to provide comprehensive and coordinated services for children from birth to age 25 and their families with the goal of addressing children’s mental health needs across a full continuum of care, including social determinants of health, prevention, early identification, and treatment. Provides that the Department of Public health (rather than the Department of Healthcare and Family Services) shall provide technical and administrative support for the Partnership. Deletes provision that the Partnership shall employ an Executive Director and set the compensation of the Executive Director and other such employees and technical assistance as it deems necessary to carry out its duties. Amends the Interagency Children’s Behavioral Health Services Act. Provides that the Children’s Behavioral Health Transformation Team in collaboration with the Department of Human Services shall develop a program to provide one-on-one in-home respite behavioral health aids to youth requiring intensive supervision due to behavioral health needs. Effective immediately.

  • To read the full text of SB 3316: Click
  • To read the full text of SA 2: Click
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Senate Appropriations-Human Services Committee
March 21, 2024, 5:30 p.m.
Capitol Building, Room 122B
Springfield, IL

SUBJECT MATTER: SB3866 Guardian and Advocacy Commission Budget, SB3841 Department of Human Rights Budget, SB2820 Human Rights Commission Budget, SB2820, SB3135, SB3257, SB3413, SB 3841, SB 3867, SB 2820, SB 3135, SB 3257, SB 3413, SB 3866

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

 

 

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.

For additional information, please contact:

Cheryl R. Jansen
Public Policy Director
cherylj2@equipforequality.org
217-303-8543

 

Last updated: March 20, 2024

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