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Weekly Legislative Update – March 28, 2022

LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITY

March 28, 2022

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NOTE: The Illinois General Assembly is scheduled to adjourn on April 8, 2022.

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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 28, 2022:

 

House Appropriations-Elementary & Secondary Education Committee

March 29, 2022, 2:00 p.m.

Virtual Room 1 www.ilga.gov

Springfield, IL

 

HB 5468, Representative William Davis

Appropriates $350,000,000 from the General Revenue Fund to the State Board of Education for education funding. Effective July 1, 2022.

  • To read the full text of HB 5468: Click
  • To file an electronic witness slip on HB 5468: Click

 

House Elementary & Secondary Education-School Curriculum & Policies Committee
March 30, 2022, 9:00 a.m.
Virtual Room 1 www.ilga.gov
Springfield, IL

HB 3173, Representative Anna Moeller

Amends the School Code. Adds bullying and the death of a family member as mitigating factors that a student may disclose during a suspension review hearing or expulsion hearing. If allegations of sexual violence or gender-based harassment (rather than only allegations of domestic violence) are made against the student subject to discipline during the suspension review hearing or expulsion hearing, prohibits the student subject to discipline or the student’s representative from directly questioning or contacting the alleged victim. If a pupil will be absent from school for 2 or more consecutive weeks for treatment of the pupil’s physical or mental health arising from domestic or sexual violence, requires a qualified employee (rather than an employee) from the pupil’s domestic or sexual violence organization to provide written notice of the pupil’s need for home instruction to the school district; defines “qualified employee”, “domestic violence program”, and “rape crises organization”. Amends the Children and Students Who Are Parents, Expectant Parents, or Victims of Domestic or Sexual Violence Article of the School Code. Requires the Ensuring Success in School Task Force to include in its report recommendations for language to include in school and district policies (rather than to include model school and district policies in the report). Changes the date of the Task Force’s report to January 1, 2024 (rather than June 30, 2024); repeals the provisions related to the Task Force on December 1, 2024 (rather than December 1, 2025). Makes other changes to the provisions concerning the review and revision of school district policies and procedures. Amends provisions concerning confidentiality. Sets forth additional requirements a school district must include in its policy concerning student confidentiality and the disclosure of information related to the imminent risk of serious physical injury or death of a student or another person. Provides that if disclosing an imminent risk of serious physical injury or death to a student or another person does not require disclosing confidential information about a student’s status, then the student’s status must not be shared. Makes other changes. Effective July 1, 2022, except that provisions concerning confidentiality take effect July 1, 2023.

  • To read the full text of HB 3173: Click
  • To file an electronic witness slip on HB 3173: Click

 

HB 5096, HCA 1, Representative Michelle Mussman

Amends the School Code. Provides that the removal of a student with a disability for disciplinary reasons, violations of the student code of conduct, or other inappropriate behavior shall conform with the applicable provisions of the federal Individuals with Disabilities Education Act and certain administrative rules. Provides that removal of a student for any part of a school day constitutes a day of removal. Provides that a directive by school administration to a parent or guardian not to send the student to school on a school day that results in the student not attending school for any part of that school day constitutes a day of removal. Provides that, for each removal, the parent or guardian of the student must be provided with a written notice that includes the action taken, the duration of the action, and the reasons for the action. Provides that the written notice to the parent or guardian and any written or recorded information concerning a removal of the student shall be made part of the student’s school records. Effective immediately.

  • To read the full text of HB 5096, HCA 1: Click
  • To file an electronic witness slip on HB 5096, HCA 1: Click

House Appropriations-General Services Committee
March 30, 2022, 4:00 p.m.
Virtual Room 3 www.ilga.gov
Springfield, IL

 

HB 4373, Representative Deb Conroy

Appropriates $25,000,000 from the General Revenue Fund to the Supreme Court to be distributed to counties for expenses for direct mental health services provided to individuals and families participating in mental health courts, or on standard adult and juvenile probation caseloads. Appropriates $9,000,000 from the General Revenue Fund to the Supreme Court for the establishment and maintenance of crisis intervention mental health care units for regional use and availability by probation departments for adults and juveniles in need of immediate care and placement. Effective July 1, 2022.

  • To read the full text of HB 4373: Click
  • To file an electronic witness slip on HB 4373: Click

 

House Appropriations-Human Services Committee
March 31, 2022, 9:00 a.m.
Virtual Room 3 www.ilga.gov
Springfield, IL

 

HB 4187, HCA 1 Representative Deb Conroy

Creates the Mental Health Inpatient Facility Access Act. Requires the Department of Human Services’ Division of Mental Health to develop a written, strategic plan that comprehensively addresses improving access to inpatient psychiatric beds in State-operated mental health facilities for individuals needing a hospital level of care. Provides that the plan shall include annual training requirements for State-operated inpatient mental health facility clinicians, regular and periodic mental health assessments of individuals admitted to State-operated facilities, updated facility policies and procedures aimed at increasing opportunities for home visits and work programs that assist with community reintegration, steps to increase access to community-based mental health services that provide outpatient alternatives and step-down services, certification requirements for mental health clinicians, and other matters. Requires the plan to be made publicly available in one year. Prohibits the Department from making further reductions in State-operated inpatient mental health bed capacity. Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services, in collaboration with the Department of Human Services, to allow for hospital presumptive eligibility for Medicaid enrollment for individuals presenting in hospital emergency rooms who are in a psychiatric crisis and meet the federal criteria for hospital presumptive eligibility. Requires the Department of Healthcare and Family Services to amend its Illinois Continuity of Care and Administrative Simplification 1115 Waiver if necessary to implement hospital presumptive eligibility as permitted under the amendatory Act. Effective immediately.

  • To read the full text of HB 4187: Click
  • To file an electronic witness slip on HB 4187: Click

HB 4421, Representative Michelle Mussman

Amends the Rehabilitation of Persons with Disabilities Act. In provisions concerning the Department of Human Services’ Home Services Program, provides that subject to federal approval the Department shall allow a recipient’s spouse to serve as his or her provider of personal care or similar services. Effective immediately.

  • To read the full text of HB 4421: Click
  • To file an electronic witness slip on HB 4421: Click

 

HB 4616, Representative Marcus C. Evans, Jr.

Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services to establish reimbursement rates that build toward livable wages for front-line personnel in residential and day programs and service coordination agencies serving persons with intellectual and developmental disabilities. Provides that for community-based providers serving persons with intellectual or developmental disabilities, subject to federal approval, the rates taking effect for services delivered on or after July 1, 2022 shall be increased sufficiently to: (i) provide a minimum $3.50 per hour wage increase over the wages in effect on June 30, 2022 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor’s average wage as defined, by rule, by the Department. Amends the Illinois Public Aid Code. Provides that for ID/DD facilities and MC/DD facilities, the rates taking effect for services delivered on or after July 1, 2022, shall be increased sufficiently to: (i) provide a minimum $3.50 per hour wage increase over the wages in effect on June 30, 2022 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor’s average wage as defined, by rule, by the Department. Requires the same increase for front-line personnel employed at community-based providers serving persons with intellectual or developmental disabilities. Amends the Illinois Administrative Procedure Act. Grants the Departments of Human Services and Healthcare and Family Services emergency rulemaking authority. Effective immediately.

  • To read the full text of HB 4616: Click
  • To file an electronic witness slip on HB 4616: Click

 

HB 4619, Representative Lindsey LaPointe

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that due to the undue burden placed upon nonprofit organizations providing Medicaid behavioral health services to low-income, complex vulnerable populations, the Department of Healthcare and Family Services shall reimburse providers of Medicaid behavioral health services for the cost of increased staff exclusively dedicated to the sole purpose of pursuing Medicaid managed care claims improperly denied for services offered to Medicaid beneficiaries.

  • To read the full text of HB 4619: Click
  • To file an electronic witness slip on HB 4619: Click

 

HB 4832, Representative Robyn Gabel

Appropriates $246,800,000 from the General Revenue Fund to the Department of Human Services for a full second year implementation of all of the rate methodology recommendations contained within the Illinois Developmental Disabilities Services Rate Study Regarding Residential Services and Related Supports. Effective July 1, 2022.

  • To read the full text of HB 4832: Click
  • To file an electronic witness slip on HB 4832: Click

 

HB 4952, HCA 1, Representative Lindsey LaPointe

Amends the Children and Family Services Act.  Provides that the Department of Children and Family Services (DCFS) in conjunction with the Department of Human Services (DHS) shall develop a comprehensive list of children and youth who are diagnosed with intellectual and developmental disabilities or mental illness and are referred to a children’s group home, Illinois public school, therapeutic day or a private residential facility or hospital due to their need for behavioral services and supports. Provides that DCFS shall track referrals, funding streams, possible overlap between agencies, number of available facilities, staff and beds and establish memoranda of understanding between agencies for the exchange of that information.  Requires DCFS in conjunction with DHS to establish a Short-Term Stabilization Home model for children and youth under the age of 18 who are diagnosed with intellectual and developmental disabilities or mental illness and are receiving services under any home and community-based services waiver program under Section1915(c) of the Social Security Act.  Provides that DCFS in conjunction with DHS shall establish a Transition to Adulthood model as an intensive program that serves young adults from the age of 18 to the day before their 26th birthday.  Makes other changes.

  • To read the full text of HB 4952, HCA 1: Click
  • To file an electronic witness slip on HB 4952, HCA 1: Click

 

HB 5005, Representative Elizabeth Hernandez

Makes various appropriations to the Department of Human Services for family and community services and related distributive purposes, including federal funds available for early intervention services and for the Parents Too Soon program and the Healthy Families Program. Makes an appropriation to the Department of Human Services for income assistance and related distributive purposes, including federal funds available for child care services. Makes an appropriation to the Illinois State Board of Education for early childhood education. Effective July 1, 2022.

  • To read the full text of HB 5005: Click
  • To file an electronic witness slip on HB 5005: Click

 

HB 5264, Representative Denyse Wang Stoneback

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that subject to appropriation, beginning with the 2023-2024 academic year, the Department of Human Services shall establish and administer the Mental Health Clinician Tuition Assistance and Student Loan Forgiveness Program for the purpose of recruiting and retaining high-performing individuals who are employed as mental health clinicians committed to providing direct care services to Medicaid patients for a contracted or subcontracted provider of the Department or another State agency. Provides that under the program, the Department shall provide financial assistance to individuals who (1) are students at a participating university and have declared an intent to seek and maintain employment for 5 years as mental health clinicians providing direct care services to Medicaid patients; or (2) are graduates of a participating university who work as mental health clinicians providing direct care to Medicaid patients and will commit to work for 5 years as mental health clinicians providing direct care to Medicaid patients. Provides that the Department shall award an undergraduate forgivable loan in an amount that is sufficient to cover the cost of tuition, university fees, and books each year for a maximum of 2 academic years to a student if certain criteria are met. Provides that the Department shall award financial assistance for repayment of a higher education student loan each year for a maximum of 2 years to a graduate of a participating university who works as a mental health clinician if certain criteria are met. Contains provisions concerning the application process; promotion of the program by participating universities; the repayment of financial assistance when a recipient fails to comply with employment requirements; reporting requirements; and other matters. Effective immediately.

  • To read the full text of HB 5264: Click
  • To file an electronic witness slip on HB 5264: Click

 

HB 5275, Representative Edgar Gonzalez, Jr.

Creates the Ensuring Essential Services Act. Provides that the purpose of the Act is to ensure the State meets its obligation to provide certain essential services for individuals with developmental disabilities at consistent quality levels in accordance with its waiver agreement with the Centers for Medicare and Medicaid Services, all while allocating scarce taxpayer resources. Provides that any contract entered into between the Department of Human Services and an agency shall include a provision assuring the State of the uninterrupted delivery of the contracted-for services. Provides that such assurance shall provide that the agency has entered into a binding labor peace agreement with any labor organization that is the exclusive representative of the agency’s frontline and direct support staff or, where no exclusive representation has been established, that the agency has or will enter into an agreement with any labor organization that seeks to become the agency’s frontline and direct support staff’s exclusive representative. Provides that the assurance shall become a condition of any contract entered into, renewed, or amended on or after the effective date of the Act. Requires the Department of Healthcare and Family Services to, no later than 90 days after the effective date of the Act, apply to the Centers for Medicare and Medicaid Services for a waiver or State Plan amendment to allow implementation of the contracting requirements. Requires the Department of Human Services, no later than 60 days after the effective date of the Act, to adopt rules implementing the requirements of the Act. Contains provisions on contract requirements for Department of Human Services’ contracts; enforcement of contractual assurances; remedial actions for noncompliance; and other matters. Effective June 1, 2022.

  • To read the full text of HB 5275: Click
  • To file an electronic witness slip on HB 5275: Click

 

HB 5392, Representative Deb Conroy

Appropriates $750,000 from the General Revenue Fund to the Mental Health Screening in Schools Grant Program Fund for depression screening programs to identify students in grades 7 through 12 who are at risk of depression. Effective July 1, 2022.

  • To read the full text of HB 5392: Click
  • To file an electronic witness slip on HB 5392: Click

 

HB 5393, Representative Deb Conroy

Creates the Mental Health Screening in Schools Grant Program. Makes findings.

Provides that the purpose of the grant program shall be to provide funding and resources to allow school districts to implement depression screening programs to identify students in grades 7 through 12 who are at risk of depression. Provides conditions for school districts to meet when implementing its depression screening program. Provides that to assist districts in selecting a research-based screening tool to use as part of depression screening programs, the State Board of Education, in consultation with the Department of Children and Family Services, may develop a list of preapproved research-based screening tools that are validated to screen depression in adolescents. Provides that the State Board of Education, in consultation with the Department of Children and Family Services and the Department of Healthcare and Family Services, shall within 180 days of the date of enactment of this Act develop guidance and resources for school districts to establish partnerships with organizations or health care providers specializing in pediatric and adolescent mental health to conduct depression screenings. Creates the Mental Health Screening in Schools Grant Program Fund. Provides that funds in Mental Health Screening in Schools Grant Program Fund may be used by the State Board for operational expenses associated with the administration of Mental Health Screening in Schools Grant Program and for the payment of costs associated with providing grants to school districts in accordance with the Mental Health Screening in Schools Grant Program. Provides that State Board of Education shall develop a report, or contract with a research institution to develop a report to evaluate depression screening programs in school districts participating in the Mental Health Screening in Schools Grant Program. Makes a corresponding change in the State Finance Act. Effective immediately.

  • To read the full text of HB 5393: Click
  • To file an electronic witness slip on HB 5393: Click

 

HB 5424, Representative LaShawn K. Ford

Amends the Mental Health Early Action on Campus Act. Provides that the General Assembly shall appropriate $19,000,000 in Fiscal Year 2023 for the purposes of this Act. Provides that the funds shall be distributed to the public colleges and universities according to the recommendations of a specified report of the Commission on Government Forecasting and Accountability. Provides that the Commission on Government Forecasting and Accountability, in conjunction with the Illinois Community College Board and the Board of Higher Education, must make recommendations to the General Assembly on the amounts necessary to implement this Act for Fiscal Years 2024 through 2027, and may make such recommendations for Fiscal Years thereafter. Deletes provisions making the Act subject to appropriation. Effective July 1, 2022.

  • To read the full text of HB 5424: Click
  • To file an electronic witness slip on HB 5424: Click

 

HB 5551, Representative Maurice A. West, II

Appropriates $7,500,000 from the General Revenue Fund to the Department of Human Services for the purpose of making a grant to the Illinois Network of Centers for Independent Living to administer and implement the Home Modification Program. Effective July 1, 2022.

  • To read the full text of HB 5551: Click
  • To file an electronic witness slip on HB 5551: Click

 

HB 5586, Representative Camille Y. Lilly

Amends the Illinois Act on the Aging, the Disabled Persons Rehabilitation Act, and the Illinois Public Aid Code. Regarding services provided under the Community Care Program, the Home Services Program, and the supportive living facilities program, provides that, through December 31, 2022, individuals who reside in rural and other underserved communities that are disproportionately impacted by COVID-19 shall be exempt from determination of need approval for institutional and home and community-based long term services. Provides that beginning on the effective date of the amendatory Act through December 31, 2022, any hours of home health services, home health care services, in-home care services, or adult day health services not utilized in accordance with an individual’s service plan due to staff shortages resulting from the COVID-19 public health emergency shall roll over into the next service month under the individual’s plan. Effective immediately.

  • To read the full text of HB 5586: Click
  • To file an electronic witness slip on HB 5586: Click

 

Senate Executive Committee
March 30, 2022, 2:00 p.m.
Room 212, Capitol Building
Springfield, IL

 

HB 2775, Senator Ram Villivalam

Amends the Homelessness Prevention Act. Provides that the Department of Human

Services shall be mindful of preventing undue administrative burden in the application process for individual tenants in applying for assistance. Provides that program staff shall endeavor to lessen any administrative burden on landlords receiving assistance payments. Amends the Eviction Article of the Code of Civil Procedure. Provides that a defendant shall have an affirmative defense to any action where the plaintiff demands has made a demand for possession that is based on unpaid rent regardless of whether the owner has joined in the action a claim for rent if the defendant, a social services agency, or a government agency offered the owner an application for emergency housing assistance and the owner refused to complete the process to obtain the emergency housing assistance and the defendant would have been eligible for the emergency housing assistance program. Provides that the owner may overcome the affirmative defense only if the court makes a finding that the application for emergency housing assistance would impose a significant administrative burden on the owner. Amends the Illinois Human Rights Act. Defines “source of income”. Provides that if a landlord requires that a prospective tenant or current tenant have a certain threshold level of income, then the landlord shall subtract any source of income in the form of a rent voucher or subsidy from the total of the monthly rent prior to calculating if the income criteria have been met. Provides that a landlord shall not apply an income or asset requirement to a tenant with a non-wage source of income that the landlord does not apply to all tenants. Provides that if an income or asset requirement serves to generally exclude participants in a housing or benefits program, that requirement shall be considered presumptively discriminatory. Makes other changes.

  • To read the full text of HB 2775: Click
  • To file an electronic witness slip on HB 2775: Click

 

Senate Insurance Committee
March 30, 2022, 4:00 p.m.
Room 212, Capitol Building
Springfield, IL

 

SB 3926, Senator Laura Fine

Amends the Illinois Insurance Code. Sets forth provisions concerning short-term,

limited-duration insurance. Provides that on and after January 1, 2023, no company shall issue, deliver, amend, or renew short-term, limited-duration insurance to any natural or legal person that is a resident or domiciled in the State. Provides that the Department of Insurance may adopt rules as deemed necessary that prescribe specific standards for or restrictions on policy provisions, benefit design, disclosures, and sales and marketing practices for excepted benefits. Provides that the Director of Insurance’s authority under specified provisions is extended to group and blanket excepted benefits. Provides that the language does not apply to limited-scope dental, limited-scope vision, long-term care, Medicare supplement, credit life, credit health, or any excepted benefits that are filed under specified provisions. Provides that nothing in the language shall be construed to limit the Director’s authority under other statutes. Makes conforming changes in the Health Maintenance Organization Act and the Limited Health Service Organization Act. Repeals the Short-Term, Limited-Duration Health Insurance Coverage Act. Effective January 1, 2023.

  • To read the full text of SB 3926: Click
  • To file an electronic witness slip on SB 3926: 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.

SPECIAL NOTE: Most committee hearings in the IL House of Representatives 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

 

Committee hearings in the IL Senate are being held in person at the Capitol Building.

 

For additional information, please contact:
Cheryl R. Jansen
Public Policy Director
Equip for Equality
cherylj2@equipforequality.org
217-303-8543

Last updated: March 29, 2022

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