LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITY
February 15, 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 February 18, 2019:
House Judiciary-Criminal Committee
February 19, 2109, 3:00 p.m.
Room C-1, Stratton Building
Springfield, IL
HB 182, Representative La Shawn K. Ford
Creates the Isolated Confinement Restriction Act. Provides that a committed person may not be placed in isolated confinement for more than 10 consecutive days. Provides that a committed person may not be placed in isolated confinement for more than 10 days in any 180-day period. Provides that 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, medical appointments, visits, and group therapy. Provides exceptions. Provides that the Department of Corrections shall post on the Department’s official website quarterly reports on the use of isolated confinement. Amends the Unified Code of Corrections to make conforming changes.
HB 283, Representative David McSweeney
Amends the Mental Health and Developmental Disabilities Code. Provides that the Department of State Police shall annually compile and submit a report to the Governor and General Assembly no later than May 31 of each calendar year on the number of persons reported as posing a clear and present danger to themselves or others by persons required to report that information to the Department of State Police under the Code. Provides that the report shall be based on information submitted by each county, municipality, public elementary or secondary school, private elementary or secondary school, or public or private community college, college, or university of the State without disclosing individual identifying information of the persons who pose the clear and present danger to themselves or others. Provides that if the person who poses the clear and present danger is reported by home address and the person attends a school, college, or university, then the compilation shall only include that individual once in the report for the total annual compilation.
HB 1645, Representative Jonathan Carroll
Amends the Criminal Code of 2012. Provides that a person commits misrepresentation of a service animal when he or she knowingly represents, expressly or impliedly, that the animal is a service animal for the purpose of securing the rights and privileges afforded to a person with a disability accompanied by a service animal and the person knew or should have known that the animal is not a service animal. Provides that the refusal to answer questions from a law enforcement officer permitted under federal regulation creates a permissive inference that the animal is not a service animal and the law enforcement officer may require the person to remove the animal from the place of public accommodation. Misrepresentation of a service animal is a petty offense. Defines “service animal”.
House Human Services Committee
February 20, 2019, 8:30 a.m.
Room C-1, Stratton Building
Springfield, IL
HB 176, Representative Mary E. Flowers
Amends the Illinois Public Aid Code. Provides that a redetermination of eligibility for medical assistance benefits shall be conducted once every 12 months.
HB 178, Representative Mary E. Flowers
Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that licenses for community mental health or developmental services agencies are valid for one year (rather than 3 years). Provides that an agency licensed under the Act or a community-integrated living arrangement certified by an agency must maintain for public inspection copies of investigative reports and surveys conducted by the Department of Human Services. Provides that the Department must prepare a quarterly report detailing violations of the Act by an agency licensed under the Act or a community-integrated living arrangement certified by an agency and must publish the report on its website. Provides that the report must include the name and address of each agency and community-integrated living arrangement that violates the Act.
HB 344, Representative Thomas M. Bennett
Creates the Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act. Provides that under certain conditions, a resident of a living arrangement certified under the Community-Integrated Living Arrangements Licensure and Certification Act and a resident of a developmental disability facility shall be permitted to use an audio and video surveillance system in his or her room at his or her own expense. Requires the electronic monitoring device to be placed in a conspicuously visible location in the room. Requires the Department of Human Services to establish a program to distribute specified funds each year for the purchase and installation of electronic monitoring devices. Establishes criminal penalties for a person or entity that knowingly hampers, obstructs, tampers with, or destroys an electronic monitoring device. Contains provisions concerning: resident and roommate consent to monitoring; notice of electronic monitoring to the staff and visitors; limitations on the staff’s access to recordings; the admissibility of recordings in civil, criminal, and administrative actions; staff reporting; liability; and rulemaking. Makes other changes. Amends the Community-Integrated Living Arrangements Licensure and Certification Act and Mental Health and Developmental Disabilities Code to make conforming changes. Provides that it is a business offense for a person to discriminate or retaliate against a resident for consenting to the electronic monitoring, or to prevent the installation or use of an electronic monitoring device by a resident who has provided specified notice and consent. Makes other changes.
House Judiciary-Civil Committee
February 20, 2109, 8:30 a.m.
Room D-1, Stratton Building
Springfield, IL
HB 1462, Representative Sara Feigenholtz
Creates the Children’s Mental Health Ombudsman Program Act. Provides that the Children’s Mental Health Ombudsman Program (Program) is created in the Office of the Governor for specified purposes, including for the purposes of advocating on behalf of children with mental health disorders, identifying barriers to effective mental health treatment and proposed solutions; monitoring and ensuring compliance with relevant statutes, regulations, rules, and policies pertaining to children’s behavioral health services; and investigating complaints that a State or a government agency has engaged in activities, practices, or omissions that constitute violations of applicable court orders, statutes, or regulations or that may have an adverse effect upon the health, safety, welfare, or rights of children. Provides that the Governor shall appoint the Children’s Mental Health Ombudsman (Ombudsman). Requires the Ombudsman, in consultation with other specified persons, to establish policies and procedures as needed to facilitate compliance with the provisions of the Program, including procedures for filing, investigating, and resolving complaints. Grants the Ombudsman subpoena powers. Requires the Ombudsman to: (i) monitor federal, State, and local statutes, rules, regulations, and policies regarding services and supports for children with mental health disorders; (ii) maintain complete records of complaints received; (iii) submit annual reports to the Governor and the General Assembly on the activities of the Program; (iv) adopt rules that are necessary for performing the required activities of the Program; and other matters. Amends the Freedom of Information Act. Exempts from disclosure all information and records acquired by the Ombudsman during the performance of his or her duties.
House Elementary & Secondary Education: School Curriculum & Policies Committee
February 20, 2019, 1:30 p.m.
Room 115, Capitol Building
Springfield, IL
HB 1475, Representative Terri Bryant
Creates the Seizure Smart School Act. Provides for legislative findings and defines terms. Requires the parent or guardian of a student with epilepsy who seeks assistance with epilepsy-related care in a school setting to submit a seizure action plan with the student’s school. Provides that a delegated care aide shall perform the activities and tasks necessary to assist a student with epilepsy in accordance with the student’s seizure action plan. Requires training for school employees and delegated care aides. Requires that an information sheet be provided to any school employee who transports a student with epilepsy to a school-sponsored activity. Provides that a school district may not restrict the assignment of a student with epilepsy to a particular school on the basis that the school does not have a full-time school nurse and a school may not deny a student access to the school or any school-related activity on the basis that the student has epilepsy. Provides for school employee protection against retaliation, immunity, and rights under federal law. Amends the Charter Schools Law of the School Code to make a related change. Amends the State Mandates Act to require implementation without reimbursement.
House Transportation: Vehicles & Safety Committee
February 20, 2019, 1:30 p.m.
Room 115, Capitol Building
Springfield, IL
HB 188, Representative La Shawn K. Ford
Amends the Illinois Vehicle Code. Provides that the Secretary of State may issue special registration plates designated as Post-Traumatic Stress Disorder Awareness license plates. Provides that the original fee and renewal fee shall be $25. Creates the Post-Traumatic Stress Disorder Awareness Fund. Makes corresponding changes in the State Finance Act.
House Appropriations-Human Services Committee
February 21, 2019, 8:30 a.m.
Room C-1, Stratton Building
Springfield, IL
HB 8, Representative Mary E. Flowers
Creates the Illinois Medicare for All Health Care Act. Provides that all individuals residing in the State are covered under the Illinois Health Services Program for health insurance. Sets forth the health coverage benefits that participants are entitled to under the Program. Sets forth the qualification requirements for participating health providers. Sets forth standards for provider reimbursement. Provides that it is unlawful for private health insurers to sell health insurance coverage that duplicates the coverage of the Program. Provides that investor-ownership of health delivery facilities is unlawful. Provides that the State shall establish the Illinois Health Services Trust to provide financing for the Program. Sets forth the requirements for claims billing under the Program. Provides that the Program shall include funding for long-term care services and mental health services. Provides that the Program shall establish a single prescription drug formulary and list of approved durable medical goods and supplies. Creates the Pharmaceutical and Durable Medical Goods Committee to negotiate the prices of pharmaceuticals and durable medical goods with suppliers or manufacturers on an open bid competitive basis. Sets forth provisions concerning patients’ rights. Provides that the employees of the Program shall be compensated in accordance with the current pay scale for State employees and as deemed professionally appropriate by the General Assembly.
HB 204, Representative La Shawn K. Ford
Amends the Senior Citizens and Persons with Disabilities Property Tax Relief Act by
reinstituting the pharmaceutical assistance program that was eliminated by Public Act 97-689 and changing the short title to the Senior Citizens and Persons with Disabilities Property Tax Relief and Pharmaceutical Assistance Act. Makes conforming changes in various Acts.
HB 207, Representative Mary E. Flowers
Creates the Health Care for All Illinois Act. Provides that all individuals residing in this State are covered under the Illinois Health Services Program for health insurance. Sets forth requirements and qualifications of participating health care providers. Sets forth the specific standards for provider reimbursement. Provides that it is unlawful for private health insurers to sell health insurance coverage that duplicates the coverage of the program. Requires the State to establish the Illinois Health Services Trust to provide financing for the program. Sets forth the specific requirements for claims billed under the program. Provides that the program shall include funding for long-term care services and mental health services. Creates the Pharmaceutical and Durable Medical Goods Committee to negotiate the prices of pharmaceuticals and durable medical goods with suppliers or manufacturers on an open bid competitive basis. Provides that patients in the program shall have the same rights and privacy as they are entitled to under current State and federal law. Provides that the Commissioner, the Chief Medical Officer, the public State board members, and employees of the program shall be compensated in accordance with the current pay scale for State employees and as deemed professionally appropriate by the General Assembly.
HB 272, Representative Gregory Harris
Creates the Health Insurer Claims Assessment Act. Imposes an assessment of 1% on claims paid by a health insurance carrier or third-party administrator. Provides that the moneys received and collected under the Act shall be deposited into the Healthcare Provider Relief Fund and used solely for the purpose of funding Medicaid services provided under the medical assistance programs administered by the Department of Healthcare and Family Services.
HB 315, Representative David McSweeney
Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to establish, by rule, minimum quality standards for providers of medical supplies, equipment, and related services applicable to contracted managed care organizations for all services rendered to MCO enrollees. Requires the minimum quality standards to be based upon recognized national standards promulgated by national bodies and by the Centers for Medicare and Medicaid Services. Requires the Department to set a rate of reimbursement payable by contracted managed care organizations to contracted, in-network providers of medical supplies, equipment, and related services at the default rate of reimbursement paid under the Illinois Medicaid fee-for-service program methodology for such medical supplies, equipment, and related services in effect as of June 30, 2017. Requires contracted managed care organizations to offer a reimbursement rate to contracted, in-network providers of medical supplies, equipment, and related services at not less than 90% of the default rate of reimbursement paid under the Illinois Medicaid fee-for-service program methodology, including all policy adjusters, for such medical supplies, equipment, and related services of similar quality. Provides that these provisions shall not be construed to allow the Department or its contracted MCOs to enter into sole source contracts for the provision of durable medical equipment, supplies, or related services to Medicaid beneficiaries and Medicaid managed care enrollees.
HB 1603, Representative Yehiel M. Kalish
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall not require any resident of a nursing home licensed under the Nursing Home Care Act to enroll in or transition to the State’s managed care medical assistance program, including any demonstration program operated by contract with the federal Centers for Medicare and Medicaid Services.
HB 1638, Representative Emanuel Chris Welch
Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to receive the approval of the General Assembly prior to applying for any waiver to reduce or eliminate the State’s responsibility to provide emergency or non-emergency ambulance services to Medicaid beneficiaries.
House Mental Health Committee
February 21, 2019, 10:30 a.m.
Room 114, Capitol Building
Springfield, IL
HB 219, Representative Mary E. Flowers
Creates the Children’s Mental Health Local Integrated Fund Act. Creates local children’s mental
health collaboratives. Defines “local children’s mental health collaborative” as an entity formed by the agreement of representatives of the local system of care, including mental health services, social services, correctional services, education services, health services, and vocational services for the purpose of developing and governing an integrated service system. Provides that, to qualify as a local children’s mental health collaborative and be eligible to receive start-up funds, the representatives of the local system of care and nongovernmental entities such as parents of children in the target population; parent and consumer organizations; community, civic, and religious organizations; private and nonprofit mental and physical health care providers; culturally specific organizations; local foundations; and businesses, or at a minimum one county, one school district or special education cooperative, one mental health entity, and one juvenile justice or corrections entity, must agree to the following: (1) to establish a local children’s mental health collaborative and develop an integrated service system; (2) to commit resources to providing services through the local children’s mental health collaborative; and (3) to develop a plan to contribute funds to the children’s mental health collaborative.
HB 907, Representative John Connor
Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Directs the Department to create and maintain an online database and resource page on its website. Provides that the page shall contain mental health resources specifically geared towards school counselors, parents, and teachers with the goal of connecting those people with mental health resources related to bullying and school shootings and encouraging information sharing among educational administrators, school security personnel, and school resource officers.
HB 908, Representative Jonathan Carroll
Creates the Higher Education Mental Health Act. Provides for legislative findings and purposes. Requires the Board of Higher Education to establish the Advisory Commission on Serving and Supporting Students with Mental Health Disabilities in Institutions of Higher Education; provides for the membership and meetings of the Commission. Requires the Commission to conduct a study and prepare reports for the Higher Education Committee of the House of Representatives and the Higher Education Committee of the Senate; specifies the report’s requirements. Provides that the Commission is dissolved on the day after it submits its final report. Repeals the Act on June 1, 2023.
Senate Education Committee
February 19, 2019, 1:00 p.m.
Room 212, Capitol Building
Springfield, IL
SB 210, Senator Laura Murphy
Amends the Interscholastic Athletic Organization Act. Requires an association or other entity that has as one of its purposes promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics or any form of athletic competition among schools and students within this State to allow a student for whom it is determined that special education services are needed under the School Code to participate in interscholastic athletics and other forms of athletic competition for as long as the student is eligible for such special education services, which, for purposes of the School Code, means through the day before the student’s 22nd birthday.
Senate Public Health Committee
February 19, 2019, 1:00 p.m.
Room 400, Capitol Building
Springfield, IL
SB 43, SA 1, Senator David Koehler
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the
Department of Healthcare and Family Services shall not require any resident of a nursing home licensed under the Nursing Home Care Act to enroll in or transition to the State’s managed care medical assistance program, including any demonstration program operated by contract with the federal Centers for Medicare and Medicaid Services.
SB 1145, Senator Julie A. Morrison
Amends the Department of Public Health Act and the Mental Health and Developmental Disabilities Confidentiality Act. Provides that the Department of Public Health may impose fines or sanctions upon a facility that fails to comply with reporting requirements related to determining whether a person is disqualified from gun ownership under specified statutes. Provides that the Department shall adopt rules to implement the provisions.
SB 1165, Senator Heather A. Steans
Amends the Behavioral Health Workforce Education Center Task Force Act. Provides that the Behavioral Health Education Center Task Force must recognize that the behavioral health workforce is comprised of a broad range of professions providing prevention, treatment, and rehabilitation services for mental health conditions and substance use disorders. Provides that to address workforce capacity issues that impact access to care, the Task Force must engage in extensive planning and data collection. Provides that because there is no central data repository that exists for Illinois’ behavioral health workforce, the Task Force must identify a data set, which is a foundational step to analyzing and providing recommendations to the concepts presented in House Bill 5111, as introduced, of the 100th General Assembly. Requires the Task Force to submit its findings and recommendations to the General Assembly on or before December 31, 2019 (rather than on or before September 28, 2018).
Senate Human Services Committee
February 19, 2019, 3:00 p.m.
Room 409, Capitol Building
Springfield, IL
SB 155, Senator David Koehler
Amends the Early Intervention Services System Act. Redefines “physical or mental condition
that typically results in developmental delay” to mean a diagnosed medical disorder bearing a relatively well known expectancy for developmental outcomes within varying ranges of developmental disabilities, including elevated blood lead levels, as defined by the Department of Public Health by rule, confirmed by a venous blood test (rather than a diagnosed medical disorder bearing a relatively well known expectancy for developmental outcomes within varying ranges of developmental disabilities).
SB 187, Senator Ram Villivalam
Amends the Illinois Act on the Aging. Expands the Community Care Program to provide services to all persons, regardless of age, who have Alzheimer’s disease or a related disorder as defined under the Alzheimer’s Disease Assistance Act.
SB 191, Senator Laura Fine
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that a child shall continue to be eligible for an Individual Care Grant if the child is placed in the guardianship of the Department of Children and Family Services under the Juvenile Court Act of 1987 because the child requires care in a residential treatment facility and an application for the Family Support Program was pending with the Department Healthcare and Family Services or an active application was being reviewed by the Department when the guardianship order was entered. Provides that any minor who is placed in the guardianship of the Department of Children and Family Services under the Act while an application for the Family Support Program was pending with the Department of Healthcare and Family Services or an active application was being reviewed by the Department of Healthcare and Family Services shall continue to be considered eligible for services if all other eligibility criteria are met. Provides that the court shall conduct a hearing within 14 days upon notification to all parties that an application for the Family Support Program services has been approved and services are available. Makes other changes.
SB 242, Senator Andy Manar
Amends the Rehabilitation of Persons with Disabilities Act. Provides that a home care consumer
in the Department of Human Services’ Home Services Program has the right and discretion to: (1) select and hire a personal assistant or other individual provider of his or her choice; and (2) determine the number of hours per week his or her personal assistant or other individual provider may work. Provides that, subject to the Department’s authority to approve the total monthly hours in a home care consumer’s service plan, no limitation shall be imposed on the number of hours per week a personal assistant or other individual provider may work unless the following conditions are satisfied: (A) as an exception to any limit imposed by the Department, a personal assistant or other individual provider may work and be paid for all hours worked up to at least 66 hours per week if the personal assistant or other individual provider works for a home care consumer who: (i) receives services under a court-ordered service plan; (ii) has a Determination of Need score of 70 or above; or (iii) has an exceptional care rate; (B) the Department shall establish an exceptions and appeals process that permits a home care consumer to request an exception to any limit imposed by the Department up to a maximum of no less than 66 hours per week; and (C) if the home care consumer would face a serious risk of institutionalization, the Department shall work with the home care consumer to ensure that appropriate care in the community will be provided, whether through authorized overtime or another solution. Provides that nothing shall limit the Department’s authority under any other statute to disqualify an individual from providing services in the Department’s Home Services Program for reasons other than the number of weekly hours worked by the individual.
SB 1243, Senator Laura Fine
Creates the Access to Basic Mental Health Information Act. Provides definitions for “mental health facility”, “physician”, and “recipient”. Provides that specified individuals are entitled, upon request, to obtain certain information regarding a recipient in a mental health facility if the individual declares that he or she is involved in the recipient’s care or paying for the recipient’s care and the individual meets specified requirements. Provides that an individual requesting information must submit to the mental health facility specified information. Provides that a mental health facility is required to receive information relevant to the recipient’s mental health treatment. Provides that if the recipient requests the mental health record from the mental health facility, any information that was tendered to the mental health facility under a promise of confidentiality may be withheld from the recipient if disclosure of the information would be reasonably likely to reveal the source of the mental health information. Provides that whenever access or modification is requested, the request, the grounds for its acceptance or denial, and any action taken thereon shall be noted in the recipient’s record. Provides that a mental health facility and its employees or agents are not liable for any action under the Act unless the release was made deliberately or the release constituted gross negligence. Provides that nothing in the Act constitutes an infringement on an individual’s right to obtain mental health records of the recipient if the individual has another right to the mental health records by law, regulation, or consent of the recipient. Provides that the Act shall be liberally construed to allow receipt of mental health information to individuals entitled to a recipient’s information. Provides that the Act supersedes the Mental Health and Developmental Disabilities Code and any other law that would be viewed to limit the access of an individual to a recipient’s mental health records to the extent necessary to give the Act full implementation.
Senate State Government Committee
February 20, 2019, 3:00 p.m.
Room 409, Capitol Building
Springfield, IL
SB 190, Senator Julie A. Morrison
Amends the Personnel Code. Provides that if an agency requests an open competitive eligible list from the Department of Central Management Services, the Director or Central Management Services shall also provide to the agency a Successful Disability Opportunities Program eligible candidate list.
SB 1136, Senator Julie A. Morrison
Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Provides that each State agency shall designate one or more persons with hiring responsibilities to annually attend a presentation provided by the Department of Central Management Services regarding programs created by the Department that were developed and implemented to increase the number of qualified employees with disabilities working in the State.
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
