LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITY
May 11, 2018
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 May 14, 2018:
House Elementary & Secondary Education: Licensing, Administration & Oversight Committee
May 16, 2018, 8:00 a.m.
Room 115, Capitol Building
Springfield, IL
SB 2344, Representative Robert Martwick
Amends the School Code. With regard to joint agreements entered into by school boards to provide special educational facilities and services, provides that a member district wishing to withdraw from a joint agreement must present to its school board and the other member districts evidence that withdrawing from the joint agreement is in the best needs of a child. Provides that if a member district withdraws from a joint agreement and the district was, prior to the withdrawal, sending students with disabilities to special educational facilities and services in another district under the joint agreement, the student may continue to use the facilities and services of the other district, regardless of the district in which the student resides, and the district in which the student resides shall pay the cost of those services.
House Human Services Committee
May 16, 2018, 8:00 a.m.
Room 114, Capitol Building
Springfield, IL
HB 5813, Representative La Shawn K. Ford
Creates the Behavioral Healthcare Standards of Care Act (short title provision only).
- To file an electronic witness slip on HB 5813: Click
HR 834, Representative Bill Mitchell
Encourages the Department of Human Services to reinstate the ABAWD work requirements for SNAP.
SB 2424, Representative Robyn Gabel
Amends the Developmental Disability and Mental Disability Services Act. Provides that the Department of Human Services shall establish the Diversion from Facility-Based Care Program consisting of at least 6 homes in various locations in the State. Provides that: (1) the Diversion from Facility-Based Care Model shall serve individuals with intellectual disabilities or developmental disabilities who are at-risk of institutionalization due to significant behavioral challenges, some with a dual diagnosis of mental illness, for a period ranging from one to 2 years, or longer if appropriate for the individual; (2) the Program shall be regulated in accordance with the community-integrated living arrangement guidelines; (3) each home shall support no more than 4 residents, each having his or her own bedroom; (4) if, at any point, an individual, his or her guardian, or family caregivers, in conjunction with the provider and clinical staff, believe the individual is capable of participating in other community residential options, those opportunities shall be offered as they become available; (5) providers shall be experienced and qualified to serve the population target by the Program; (6) participating Program providers and the Department shall participate in an ongoing collaborative whereby best practices and treatment experiences would be shared; (7) home locations shall be proposed by the provider in collaboration with other community stakeholders; (8) staffing and financial resources shall be adequate to meet the needs of the individuals served, including their mental health needs; (9) the staffing model shall allow for a high level of community integration and engagement and family involvement; and (10) appropriate day services, staff training priorities, and home modifications shall be incorporated into the Program model.
SB 3048, Representative Kelly M. Cassidy
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that in order to promote environmental responsibility, meet the needs of recipients, and achieve significant cost savings, the Department of Healthcare and Family Services or a managed care organization under contract with the Department may purchase used or refurbished durable medical equipment, except for prosthetic and orthotic devices as defined in the Orthotics, Prosthetics, and Pedorthics Practice Act, if the used or refurbished durable medical equipment: (i) is available; (ii) is less expensive, including shipping costs, than new durable medical equipment of the same type; (iii) is able to withstand at least 3 years of use; (iv) is cleaned, disinfected, sterilized, and safe in accordance with federal Food and Drug Administration regulations and guidance governing the reprocessing of medical devices in health care settings; and (v) equally meets the needs of the recipient. Excludes complex rehabilitation technology products and services from the provisions authorizing the purchase of used or refurbished durable medical equipment.
SB 3081, Representative Scott Drury
Amends the Housing Authorities Act. Provides that upon request by an applicant for a Housing Authority’s public housing, a Housing Choice Voucher, or other housing owned or operated by a Housing Authority for which the Housing Authority manages a waiting list, the Housing Authority shall provide the applicant with information on that applicant’s position on the waiting list within 10 business days.
SB 3179, Representative Scott Drury
Amends the Department of Human Services Act. Provides that the Inspector General of the Department of Human Services shall further ensure (1) every person authorized to conduct investigations at community agencies receives ongoing training in investigations of alleged abuse or neglect in state-operated facilities and community agencies and (2) every person authorized to conduct investigations shall receive ongoing training in standards and licensure requirements for community-integrated living arrangements and minimum standards for certification of developmental training programs.
SB 3237, Representative Will Guzzardi
Amends the Department of Human Services Act. In provisions concerning findings made by the Department of Human Services’ Office of the Inspector General concerning abuse allegations involving Department employees and clients, provides that the facility or agency that was the subject of the investigation, the victim or guardian, or the subject employee may request that the Office of Inspector General clarify the finding or findings for which clarification is sought. Provides that the same persons and entities may also request that the Office of the Inspector General reconsider the finding or findings or the recommendations. Provides that a request for reconsideration shall be subject to a multi-layer review and shall include at least one reviewer who did not participate in the investigation or approval of the original investigative report; and that after the multi-layer review process has been completed, the Inspector General shall make the final determination on the reconsideration request.
House Judiciary-Civil Committee
May 16, 2018, 8:00 a.m.
Room 122B, Capitol Building
Springfield, IL
SB 2609, Representative Linda Chapa La Via
Amends the Mental Health and Developmental Disabilities Code. Provides that notwithstanding any of the provisions of the Code concerning the administration of psychotropic medication and electroconvulsive therapy, psychotropic medication or electroconvulsive therapy may be administered pursuant to a power of attorney for health care under the Powers of Attorney for Health Care Law or a declaration for mental health treatment under the Mental Health Treatment Preference Declaration Act over the objection of the recipient if the recipient has not revoked the power of attorney or declaration for mental health treatment as provided in the relevant statute.
SB 2660, Representative Peter Breen
Amends the State Treasurer Act. Provides that unless prohibited by federal law, upon the death of a designated beneficiary, proceeds from an ABLE account may be transferred to the estate of a designated beneficiary, or to an account for another eligible individual specified by the designated beneficiary or the estate of the designated beneficiary. Provides that an agency or instrumentality of the State may not seek payment under specified provisions of the federal Internal Revenue Code from the account or its proceeds for benefits provided to a designated beneficiary. Amends the Trusts and Trustees Act. Provides that the court or a person with a disability may irrevocably assign resources of that person to either or both of: (i) an ABLE account; or (ii) a discretionary trust that complies with the Medicaid reimbursement requirements of federal law. Provides that “resources” includes, but is not limited to, any interest in real or personal property, judgment, settlement, annuity, maintenance, minor child support, and support for non-minor children. Provides that assignment is not authorized if otherwise prohibited by law. Provides that a court may reserve the right to determine the amount, duration, or enforcement of the irrevocable assignment.
House State Government Administration Committee
May 16, 2018, 3:00 p.m.
Room 115, Capitol Building
Springfield, IL
SB 3075, Representative Michael Halpin
Amends the Children and Family Services Act, Mental Health and Developmental Disabilities Administrative Act, and the Unified Code of Corrections. Provides that the Departments of Children and Family Services, Human Services, Juvenile Justice, and Corrections shall submit quarterly reports electronically to the General Assembly on (1) the number of reported assaults on employees at each facility; (2) the number of reported incidents of resident sexual aggression towards employees at each facility including sexual assault, residents exposing themselves, sexual touching, and sexually offensive language; and (3) the number of employee injuries resulting from resident violence at each facility including descriptions of the nature of the injuries, the number of injuries requiring medical treatment at the facility, the number of injuries requiring outside medical treatment and the number of days off work per injury. Provides that each of these Departments shall: (1) establish a reasonable procedure for employees to report work-related assaults and injuries. A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace assault or injury; (2) inform each employee: (A) of the procedure for reporting work-related assaults and injuries; (B) of the right to report work-related assaults and injuries; and (C) that the Department is prohibited from discharging or in any manner discriminating against employees for reporting work-related assaults and injuries; and (3) not discharge, discipline, or in any manner discriminate against any employee for reporting a work-related assault or injury.
House Appropriations-Public Safety Committee
May 16, 2018, 4:00 p.m.
Room C-1, Stratton Building
Springfield, IL
SUBJECT MATTER: DOC – Rasho v. Walker Non-Compliance
- To file an electronic witness slip for subject matter hearing: Click
House Appropriations-Human Services Committee
May 17, 2018, 9:00 a.m.
Room 114, Capitol Building
Springfield, IL
SUBJECT MATTER: Front Line Worker Wages, DCFS Reimbursement Rates.
- To file an electronic witness slip for subject matter hearing: Click
SB 2429, Representative Robyn Gabel
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that on or after July 1, 2018, the Department of Healthcare and Family Services shall provide dental services to an adult who is otherwise eligible for assistance under the medical assistance program. Provides that targeted dental services, as set forth in a specified exhibit in a federal consent decree, that are provided to adults under the medical assistance program shall be established at rates no less than the rates set forth in a specified column in the exhibit for targeted dental services that are provided to persons under the age of 18 under the medical assistance program. Requires the Department to actively monitor the contractual relationship between Managed Care Organizations (MCOs) and a dental administrator contracted by an MCO to provide dental services. Contains provisions concerning the Department’s adoption of appropriate data and measures; the inclusion of certain dental performance measures in the Department’s Health Plan Comparison Tool and Illinois Medicaid Plan Report Card; and the collection of information about the types of contracted, broad-based care coordination occurring between a MCO and any dental administrator.
House Elementary & Secondary Education: School Curriculum & Policies Committee
May 17, 2018, 9:00 a.m.
Room D-1, Stratton Building
Springfield, IL
SB 454, Representative Laura Fine
Amends the Children with Disabilities Article of the School Code. With regard to individualized
education programs, provides that if a child’s individualized education program team determines that the child does not require assistive technology services or devices, the team shall include a statement in the child’s program that informs the child’s parent or guardian of the decision and the basis for the decision.
SB 3015, Representative Emanuel Chris Welch
Amends the School Code. With regard to the self-administration and self-carry of asthma medication, provides that a school district, public school, charter school, or nonpublic school may authorize a school nurse or trained personnel to (i) provide undesignated asthma medication to a student for self-administration only or to any personnel authorized under a student’s Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student’s prescription on file, (ii) administer undesignated asthma medication that meets the prescription on file to any student who has an Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of asthma medication; and (iii) administer undesignated asthma medication to any person that the school nurse or trained personnel believes in good faith is having respiratory distress; defines “undesignated asthma medication” and “respiratory distress”. Changes the definition of “asthma medication” to mean quick-relief asthma medication, including albuterol or other short-acting bronchodilators, that is approved by the United States Food and Drug Administration for the treatment of respiratory distress. Provides that a school nurse or trained personnel may administer undesignated asthma medication to any person whom the school nurse or trained personnel in good faith believes to be experiencing respiratory distress (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities. Provides that a school district, public school, charter school, or nonpublic school may maintain a supply of asthma medication in any secure location that is accessible before, during, or after school where a person is most at risk. Provides that a training curriculum to recognize and respond to respiratory distress may be conducted online or in person. Specifies training requirements. Makes other changes.
SB 3466, Representative Will Davis
Amends the School Code. Requires a school district to make reasonable efforts to provide ongoing professional development to teachers, administrators, school board members, school resource officers, and staff on the appropriate and available supportive services for the promotion of student attendance and engagement. In the Article governing compulsory attendance of pupils, provides that the term “valid cause” for absence means a circumstance which causes reasonable concern to the parent for the mental, emotional, or physical health or safety of the student, amongst other meanings (rather than concern for the safety or health of the student). Provides that a school district may not refer a truant, chronic truant, or truant minor to any other local public entity for that local public entity to issue the child a fine or fee as punishment for his or her truancy. Allows a school district to refer any person having custody or control of a truant, chronic truant, or truant minor to any other local public entity for that local public entity to issue the person a fine or fee for the child’s truancy only if the school district’s truant officer, regional office of education, or intermediate service center has been notified and all appropriate and available supportive services and other school resources have been offered to the child; specifies appropriate and available services for certain children referred to a municipality. Provides that before a school district may refer a person having custody or control of a child to another local public entity, the school district must document any appropriate and available supportive services offered to the child.
House Executive Committee
May 17, 2018, 9:00 a.m.
Room118, Capitol Building
Springfield, IL
SB 2879, Representative David S. Olsen
Amends the Department of Human Services Act. In a provision concerning investigative reports issued by the Office of the Inspector General upon completion of an abuse or neglect investigation, provides that the victim and the victim’s guardian shall be provided with a redacted copy of the investigative report if the allegations of abuse or neglect are substantiated. Provides that unredacted investigative reports, as well as raw data, may be shared with a local law enforcement entity, a State’s Attorney’s office, or a county coroner’s office upon written request.
House Mental Health Committee
May 18, 2018, 8:30 a.m.
Room D-1, Stratton Building
Springfield, IL
SB 2951, Representative Sara Feigenholtz
Creates the Early Mental Health and Addictions Treatment Act. Requires the Department of Healthcare and Family Services, and other specified agencies and entities, to develop a pilot program under which a qualifying adolescent or young adult may receive community-based mental health treatment from a youth-focused community support team for early treatment that is specifically tailored to the needs of youth and young adults in the early stages of a serious emotional disturbance or serious mental illness. Requires the Department to apply, no later than September 30, 2019, for any necessary federal waiver or State Plan amendment to implement the pilot program. Requires the Department to implement the pilot program no later than December 31, 2019 if federal approval is not necessary. Contains provisions concerning the creation of a community-based treatment model under the pilot program; the development of a pay-for-performance payment model; Department rules to implement the pilot program; and analytics and outcomes report. Requires the Department to develop an Assertive Engagement and Community-Based Clinical Treatment Pilot Program for individuals with opioid and other drug addictions. Contains provisions on in-office, in-home, and in-community services provided under the pilot program; application for a federal waiver or State Plan amendment to implement the pilot program; development of a pay-for-performance payment model; Department rules to implement the pilot program; and analytics and outcomes report. Provides that the pilot programs authorized under the amendatory Act shall be implemented across a broad spectrum of geographic regions across the State. Provides that the community-based treatment model implemented under the pilot program shall take into consideration area workforce, community uniqueness, and cultural diversity. In provisions requiring the Department of Healthcare and Family Services to develop a pay-for-performance payment model, provides that the payment model shall include all provider costs associated with the data collection for purposes of certain analytics and outcomes reporting requirements. In a provision requiring the Department to deliver a report to the General Assembly on on the outcomes of the pilot program, provides that the final report shall be submitted within one year after 4 years (rather than 5 years) of full implementation and after 7 years of full implementation. Requires the Department to collect and include in its final report post-pilot program discharge outcomes for all service recipients who exit the pilot program for up to 3 years post exit. Requires the Department to file its reports with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct.
SB 3049, Representative Sue Scherer
Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to reimburse psychiatrists, federally qualified health centers as defined in the Social Security Act, clinical psychologists, clinical social workers, advanced practice registered nurses certified in psychiatric and mental health nursing, and mental health professionals and clinicians authorized by Illinois law to provide mental health services to recipients via telehealth (rather than psychiatrists and federally qualified health centers). Requires the Department to reimburse any Medicaid certified eligible facility or provider organization that acts as the location of the patient at the time a telehealth service is rendered, including substance abuse centers licensed by the Department of Human Services’ Division of Alcoholism and Substance Abuse.
House Aging Committee
May 18, 2018, 9:30 a.m.
Room C-1, Stratton Building
Springfield, IL
SB 1628, Representative Anna Moeller
Requires the Department on Aging to establish and implement a Community Care Program Medicaid Initiative to: provide targeted funding to care coordination units to help seniors complete applications for medical assistance benefits under the State’s Medical Assistance program; provide a funding pool to help care coordination units make improvements to the application process; establish requirements for State agencies to make enrollment in the Medical Assistance program easier for seniors; and other matters. Creates the Community Care Program Medicaid Enrollment Oversight Subcommittee as a subcommittee of the Older Adult Services Advisory Committee to make recommendations on how best to increase the number of medical assistance recipients who are enrolled in the Community Care Program. Provides that the Subcommittee shall consist of certain appointed persons including one individual appointed by a labor organization representing front line employees at the Department of Human Services. Provides that the Subcommittee shall collaborate with the Department of Human Services on the adoption of a uniform application submission process (rather than the Department of Human Services shall adopt a uniform application submission process no later than 60 days after the effective date of the amendatory Act). In a provision authorizing payments to care coordination units for each completed Medicaid application, changes the payment rate to no less than $240 per completed application (rather than no less than $300 per completed application). Provides that the Older Adult Services Advisory Committee’s Community Care Program Medicaid Enrollment Oversight Subcommittee shall have the membership and powers and duties set forth the Illinois Act on the Aging.
Requires the Department to publish such data on its website and to collaborate with other agencies to determine how best to achieve the responsibilities of the Initiative. Establishes payment incentives to care coordination units that assist seniors in completing medical assistance applications. Provides that the Initiative shall cease operation 5 years after the effective date of the amendatory Act, after which the Task Force shall dissolve.
SB 2469, Representative Anna Moeller
Amends the Respite Program Act. In a provision requiring the Director of the Department on Aging to submit an annual report to the Governor and the General Assembly detailing the progress of the respite care services provided under the Act, provides that the report shall also include an estimate of the demand for respite care services over the next 10 years.
House Special Needs Services Committee
May 18, 2018, 9:30 a.m.
Room 115, Capitol Building
Springfield, IL
SB 1453, Representative Michelle Mussman
Provides for the creation of a supported employees program by the Department of Central Management Services. Provides that the Director of Central Management Services shall develop and implement a supported employment program applying to all State agencies. Provides that the Director shall designate a liaison to work with the various State agencies and departments, and any funder or provider or both, in the implementation of a supported employment program. Provides that the Director, in consultation with the Secretary or Director of each State agency, shall establish job classifications for supported employees who may be appointed into the classifications without open competitive testing requirements. Provides that supported employees shall serve in a trial employment capacity for not less than 3, but no more than 12, months. Requires the Director to maintain a record of all individuals hired as supported employees, and submit an annual report to the General Assembly regarding the employment progress of supported employees, with recommendations for further legislative action. Provides that when appropriate, at the conclusion of the supported employee trial employment period, the supported employee shall be promoted into the position on a permanent full-time basis. Provides that an employer shall not hire a supported employee if such a hire would result in certain specified occurrences involving current employees of the employer and position vacancies. Provides that an employer who hires supported employees shall, at least 15 days prior to hiring such an employee, notify the applicable labor organization of the name, work location, and the duties to be performed by the supported employee. Provides that the Director of Central Management Services, in consultation with the Secretary or Director of each State agency, shall establish a grievance procedure for employees and labor organizations to utilize in the event of any alleged violation of specified provisions. Provides that a labor organization may utilize the established grievance or arbitration procedure in its collective bargaining agreement to contest any violation of those specified provisions.
SB 3222, Representative Scott Drury
Amends the Illinois Workforce Innovation Board Act. Provides for the appointment of 2 representatives of community-based organizations that provide or support competitive, integrated employment for individuals with disabilities to the Illinois Workforce Innovation Board. Provides that the 2 representatives shall be individuals who self-identify as persons with intellectual or developmental disabilities, and who are engaged in advocacy for the rights of individuals with disabilities. Provides that if these persons require support in the form of reasonable accommodations in order to participate, such support shall be provided.
Senate Education Committee
May 15, 2018, 1:00 p.m.
Room 212, Capitol Building
Springfield, IL
HB 4193, Senator Sue Rezin
Replaces everything after the enacting clause. Amends the Children with Disabilities Article of the School Code. With respect to an impartial due process hearing, changes when the hearing officer must issue his or her written decision from within 10 days to within 10 calendar days, excluding Saturday, Sunday, or any State holiday, after the conclusion of the hearing.
HB 4658, Senator David Koehler
Amends the School Code. Provides that, at least once every 2 years, a school board shall require in-service training of licensed school personnel and administrators (rather than school guidance counselors, teachers, school social workers, and other school personnel) who work with pupils in kindergarten through grade 12 (rather in grades 7 through 12) to identify the warning signs of mental illness and suicidal behavior in youth (rather than in adolescents and teens).
Senate Human Services Committee
May 15, 2018, 5:00 p.m.
Room 409, Capitol Building
Springfield, IL
HB 3479, Senator Andy Manar
Amends the Medical Assistance Article of the Illinois Public Aid Code. In addition to other
specified actions required under the Code, requires a managed care community network that contracts with the Department of Healthcare and Family Services to establish, maintain, and provide a fair and reasonable reimbursement rate to pharmacy providers for pharmaceutical services, prescription drugs and drug products, and pharmacy or pharmacist-provided services. Provides that the reimbursement methodology shall not be less than the current reimbursement rate utilized by the Department for prescription and pharmacy or pharmacist-provided services and shall not be below the actual acquisition cost of the pharmacy provider. Requires a managed care community network to ensure that the pharmacy formulary used by the managed care community network and its contract providers is no more restrictive than the Department’s pharmaceutical program.
HB 4836, Senator Tim Bivins
Amends the Developmental Disability and Mental Disability Services Act. Provides that in one’s “own home” includes a facility that is licensed by a unit of local government authority with 4 or 5 other adults unrelated to the adult with a mental disability who do not provide home-based services to the adult with a mental disability.
Joint Hearing of Senate Appropriations I and Senate Appropriations II Committees
May 16, 2018, 8:30 a.m.
Room 212, Capitol Building
Springfield, IL
SBJECT MATTER: The Governor’s FY 19 Cost-Saving Initiatives for Higher Education and Local Governments.
- To file an electronic witness slip for subject matter hearing: Click
NOTE: 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
