LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITY
March 1, 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 4, 2024:
House Adoption & Child Welfare Committee
March 5, 2024, 2:00 p.m.
Capitol Building, Room 122B
Springfield, IL
HB 5269, Representative Stephanie Kifowit
Amends the Children and Family Services Act. Provides that all youth in care shall be assigned a mental health provider to manage their mental health care needs. Requires a youth’s mental health provider to visit the youth and conduct a well-being assessment within 30 days after the youth is removed from his or her home and placed in the temporary custody or guardianship of the Department of Children and Family Services. Provides that additional follow-up visits and well-being checks shall be scheduled and conducted until the youth is no longer under the custody or guardianship of the Department. Provides that any mental health care services provided to the youth shall be in addition to any care or services the youth receives from his or her primary care provider. Grants the Department rulemaking authority.
House Appropriations-Elementary & Secondary Education Committee
March 5, 2024, 2:00 p.m.
Capitol Building, Room 118, and Virtual Room 1, www.ilga.gov
Springfield, IL
SUBJECT MATTER: Special Education, Stand for Children, Teach Plus, State Literacy Plan
- To file an electronic witness slip for the subject matter hearing: Click
House Ethics and Elections Committee
March 5, 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.
House Health Care Availability & Accessibility Committee
March 5, 2024, 4:00 p.m.
Stratton Building, Room C-1
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.
House Judiciary-Criminal Committee
March 5, 2024, 4:00 p.m.
Stratton Building, Room D-1
Springfield, IL
HB 4776, Representative Will Guzzardi
Amends the Juvenile Court Act of 1987. Provides that a minor found to be guilty may be committed to the Department of Juvenile Justice if the minor is at least 14 (rather than 13) years and under 20 years of age, provided that the commitment to the Department of Juvenile Justice shall be made only if the minor was found guilty of a felony offense or first degree murder. Provides that when a minor of the age of at least 14 (rather than 13) years is adjudged delinquent for the offense of first degree murder, the court shall declare the minor a ward of the court and order the minor committed to the Department of Juvenile Justice until the minor’s 21st birthday, without the possibility of aftercare release, furlough, or nonemergency authorized absence for a period of 5 years from the date the minor was committed to the Department of Juvenile Justice.
House Elementary & Secondary Education: School Curriculum & Policies Committee
March 6, 2024, 8:30 a.m.
Capitol Building, Room 114
Springfield, IL
HB 4175, Representative Margaret Croke
Amends the School Code. Provides that a nonpublic school may not engage in slapping or paddling a student, the prolonged maintenance of a student in a physically painful position, or the intentional infliction of bodily harm on a student.
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.
HB 5276, Representative Suzanne M. Ness
Amends the Children with Disabilities Article of the School Code. In provisions concerning transition services, provides that the transition planning process and the transition plan prepared for a student shall include consideration of the assistive technology needs of the student related to the student’s transition goals while the student is participating in transition-related activities and in post-school activities, including assistive technology evaluations, devices, and services and the availability and accessibility of appropriate assistive technology devices and services for the student in post-school activities. Effective immediately.
House Human Services Committee
March 6, 2024, 8:30 a.m.
Stratton Building, Room D-1
Springfield, IL
HB 1298, HCA 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 HB 1298, HCA 1: Click
- To file an electronic witness slip on HB 1298: Click
HB 2998, HCA 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, HCA 1: Click
- To file an electronic witness slip on HB 2998, HCA 1: Click
HB 4249, Representative Terra Costa Howard
Amends the Illinois Act on 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”.
HB 4338, 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.
HB 4364, 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.
HB 4599, Representative Maurice A. West, II
Creates the Home Modification Program Act. Provides that the purpose of the Act is to establish a home modification funding system that is streamlined, effective, and administered by experts within the disability community. Provides that, subject to appropriation, the Department of Human Services shall establish a Home Modification Program to provide financial assistance to persons with disabilities for home modification projects. Requires the Department to designate a statewide association that represents centers for independent living to serve as the lead agency to administer the program. Requires the Department to provide funding for the Program. Requires the lead agency to distribute any moneys it receives from the Department to the State’s 22 centers for independent living, covering all 102 counties. Provides that the lead agency shall ensure that each center for independent living has access to at least $105,000 to use for home modification projects, with the excess funds subject to reallocation during the 4th fiscal quarter of each year. Contains provisions concerning eligibility requirements for applicants under the Program; the lead agency’s establishment of a Home Modification Subcommittee to provide additional oversight of the home modification projects; and an administrative fee to the lead agency.
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.
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.
House Judiciary-Civil Committee
March 6, 2024, 8:30 a.m.
Stratton Building, Room C-1
Springfield, IL
HB 4444, Representative Terra Costa Howard
Amends the Probate Act of 1975. Provides that if guardianship is necessary and the petition for guardianship is filed by a person, corporation, nonprofit organization, or other entity with no legally recognized relationship to the alleged person with a disability, the court shall appoint the county public guardian as temporary and permanent guardian.
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.
House Health Care Licenses Committee
March 6, 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.
House Housing Committee
March 6, 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.
House Elementary & Secondary Education: Administration, Licensing & Charter Schools Committee
March 6, 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.
HB 4581, Representative Michelle Mussman
Amends the Children with Disabilities Article of the School Code. Provides that if a student who is 18 years of age or older with no legal guardian is placed residentially outside of the school district in which the student’s parent lives and the placement is funded by a State agency or through private insurance, then the resident district is the school district in which the parent lives. Effective immediately.
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.
House Immigration & Human Rights Committee
March 6, 2024, 2:00 p.m.
Capitol Building, Room 122B
Springfield, IL
HB 5371, Representative Ann M. Williams
Amends the Illinois Human Rights Act. Provides that an employer is responsible for harassment and sexual harassment of the its employees by the employer’s nonmanagerial and nonsupervisory employees, nonemployees, and third parties only if the employer becomes aware of the conduct and fails to take reasonable corrective measures. Changes the definition of “real estate transaction” to include any act that otherwise makes available such a transaction or alters a person’s right to real property. Makes it a civil rights violation in a real estate transaction to: make unavailable or deny real property to discriminate in making available such a transaction; or use criteria or methods that have the effect of subjecting individuals to unlawful discrimination or discrimination based on familial status, immigration status, source of income, or an arrest record in a real estate transaction. Provides that an aggrieved party may take action to collect on a judicial order issued by the Circuit Court in an action initiated by the State, regardless of whether or not the aggrieved party intervened in an enforcement action of a Human Rights Commission order. Provides that, in imposing a penalty based on a real estate transaction violation, the Commission may order a respondent to pay a civil penalty per violation to vindicate the public interest, and in imposing a civil penalty to vindicate the public interest, a separate penalty may be imposed for each specific act constituting a civil rights violation and for each aggrieved party injured by the civil rights violation. Deletes language authorizing each commissioner of the Human Rights Commission to hire a staff attorney. Repeals language regarding the collection of information concerning employment discrimination in relation to persons affected by the federal Immigration Reform and Control Act of 1986. Makes other changes.
House Higher Education Committee
March 6, 2024, 4:00 p.m.
Capitol Building, Room 118, and Virtual Room 1, www.ilga.gov
Springfield, IL
HB 4643, Representative Terra Costa Howard
Amends the Mental Health and Developmental Disabilities Administrative Act. In a provision requiring the Department of Human Service’ Division of Mental Health to implement a direct support professional credential pilot program, delays the pilot program’s start date to Fiscal Year 2025 (rather than Fiscal Year 2024). Amends the School Code. Provides that beginning with the 2026-2027 school year (rather than the 2025-2026 school year) and continuing for not less than 2 years, the State Board of Education shall make available a model program of study that incorporates the training and experience necessary to serve as a direct support professional. Provides that by July 1, 2025 (rather than by July 1, 2023) the Department of Human Service must submit recommendations to the State Board of Education for the training that would be required in order to complete the model program of study. Amends the Public Community College Act. Provides that by July 1, 2026 (rather than by July 1, 2025), the Illinois Community College Board shall submit recommendations for a model program of study, for credit, that incorporates the training and experience necessary to serve as a direct support professional to the Department of Human Services. Effective immediately.
Senate Judiciary Committee
March 5, 2024, 3:00 p.m.
Capitol Building, Room 409
Springfield, IL
SB 2644, Senator Julie A. Morrison
Amends the Secretary of State Act. Provides that the Secretary of State shall establish an electronic registry, to be known as the Advance Directive Registry, through which residents of the State of Illinois may deposit, with the Secretary of State, a completed Department of Public Health Uniform POLST form. Specifies that information in the Advance Directive Registry shall be made available to hospitals licensed under the Hospital Licensing Act and hospitals organized under the University of Illinois Hospital Act. Authorizes hospitals to rely on information obtained from the Advance Directive Registry as an accurate copy of the documents filed with the Advance Directive Registry. Directs the Secretary of State to adopt any rules necessary to implement the amendatory Act and to provide information on the Secretary of State’s website regarding use of the Advance Directive Registry. Provides that, except in the case of gross negligence or willful misconduct, the Secretary of State and employees of the Secretary of State are immune from any civil or criminal liability in connection with the creation and maintenance of the Advance Directive Registry. Provides that a person who knowingly submits a document to the Advance Directive Registry without authorization or assists in such submission shall be guilty of a Class A misdemeanor.
SB 2758, Senator Karina Villa
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.
SB 2989, Senator Sara Feigenholtz
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.
SB 3323, Senator Dan McConchie
Creates the Accessible Electric Vehicle Charging Station Act. Requires the Department of Transportation to ensure that charging stations in the State are sufficiently accessible to allow independent use by drivers with disabilities, including people who have limited or no hand dexterity, limb differences, or upper extremity amputations and use adaptive driving controls. Requires chargers designed to serve people who use mobility devices to be located on an accessible route. Provides that the Department shall adopt the technical requirements for accessible routes established under the federal Americans with Disabilities Act of 1990 (ADA) and the federal Architectural Barriers Act of 1968 (ABA) including walking surfaces, curb ramps, and ramps. Establishes that a charging space with mobility features must provide a vehicle space with a minimum width of at least 11 feet and a minimum length of at least 20 feet. Requires chargers to provide a clear floor or ground space. Requires clear floor or ground spaces to meet ADA requirements for ground and floor surfaces, including criteria for firmness, stability, and slip resistance. Provides that a reasonable number of chargers, as determined by the Department, shall comply with ADA operable parts requirements, including technical requirements for clear floor or ground space, reach ranges, and operation. Provides that a connector must allow operation with one hand and no tight grasping, pinching, or twisting of the wrist, and with no more than 5 pounds of force. Provides that all chargers operated or maintained by any entity within the State must comply with the technical requirements for hardware under the federal Rehabilitation Act of 1973. Grants rulemaking authority. Defines terms.
SB 3351, Senator Laura Ellman
Amends the Subsidized Housing Joint Occupancy Act. Provides that an elderly parent with an adult child with disabilities of the opposite sex shall not be required to occupy subsidized housing with only one bedroom. Provides that exceptions to the largest permissible unit size for subsidized housing shall be made when the elderly parent and adult child with disabilities of the opposite sex otherwise meet all other eligibility requirements.
SB 3559, Senator Lakesia Collins
Amends the Nursing Home Care Act. Provides that a facility shall not take any retaliatory action against a resident of the facility because the resident (1) complains, discloses, or threatens to disclose to a supervisor, a public body, or any other person an activity, inaction, policy, or practice implemented by a facility that the resident reasonably believes is in violation of a law or rule, or regulation or that the resident believes to be problematic; (2) provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by a nursing home administrator; (3) assists or participates in a proceeding to enforce the provisions of the Act; (4) seeks assistance for himself or herself or others to transition to independent living or another setting outside of their current nursing home; (5) makes a request of the facility related to the resident’s care; (6) becomes a member of a resident council, resident union, or similar organization; or (7) takes any other good faith action in support of any other right or remedy provided by law. Describes remedies that may be awarded to a resident of a facility for a violation of these requirements. Authorizes a claim of retaliation under the Act to be filed in any court of competent jurisdiction or any administrative hearing process conducted by the State and its agencies or departments with jurisdiction to hear complaints by employees or residents against nursing homes.
Senate Health and Human Services Committee
March 5, 2024, 5:00 p.m.
Capitol Building, Room 400
Springfield, IL
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.
SB 3297, Senator Mike Simmons
Amends the Housing is Recovery Pilot Program Act. Provides that an individual is eligible to receive a Housing is Recovery bridge rental subsidy for purposes of stabilizing his or her mental illness or substance use disorder if: (1) the individual is at high risk of unnecessary institutionalization who is 18 (rather than 21) years of age or older, or is aging out of guardianship under the Department of Children and Family Services, and who is eligible to enroll in, or is enrolled in, Medicaid for purposes of receiving mental health treatment; or (2) an individual at high risk of overdose who is 18 (rather than 21) years of age or older, or is aging out of guardianship under the Department of Children and Family Services, and who is eligible to enroll in, or is enrolled in, Medicaid for purposes of receiving substance use treatment.
SB 3372, Senator Ann Gillespie
Amends the Medical Assistance Article of the Illinois Public Aid Code. Makes changes to provisions requiring Medicaid managed care organizations (MCO) to make payments for emergency services. Requires an MCO to pay any provider of emergency services, including inpatient stabilization services provided during the inpatient stabilization period, that does not have in effect a contract with the MCO. Defines “inpatient stabilization period” to mean the initial 72 hours of inpatient stabilization services, beginning from the date and time of the order for inpatient admission to the hospital. Provides that when determining payment for all emergency services, including inpatient stabilization services provided during the inpatient stabilization period, the MCO shall: (i) not impose any service authorization requirements, including, but not limited to, prior authorization, prior approval, pre-certification, concurrent review, or certification of admission; (ii) have no obligation to cover emergency services provided on an emergency basis that are not covered services under the MCO’s contract with the Department of Healthcare and Family Services; and (iii) not condition coverage for emergency services on the treating provider notifying the MCO of the enrollee’s emergency medical screening examination and treatment within 10 days after presentation for emergency services. Provides that the determination of the attending emergency physician, or the practitioner responsible for the enrollee’s care at the hospital, of whether an enrollee requires inpatient stabilization services, can be stabilized in the outpatient setting, or is sufficiently stabilized for discharge or transfer to another facility, shall be binding on the MCO. Provides that an MCO shall not reimburse inpatient stabilization services billed on an inpatient institutional claim under the outpatient reimbursement methodology and shall not reimburse providers for emergency services in cases of fraud. Requires the Department to impose sanctions on a MCO for noncompliance, including, but not limited to, financial penalties, suspension of enrollment of new enrollees, and termination of the MCO’s contract with the Department. Effective immediately.
SB 3430, Senator Chapin Rose
Amends the Administration Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to develop, post, and maintain on its official website a comprehensive informational guide that explains the Medicaid 5-year look-back period as it applies to eligibility for long-term care coverage under the medical assistance program. Provides that the informational guide must be posted within 6 months after the effective date of the amendatory Act. Provides that the contents of the informational guide must include a detailed explanation of the 5-year look-back period, including its purpose and relevance to eligibility for medical assistance; clear information on how the 5-year look-back period affects eligibility criteria, including income and asset requirements; step-by-step guidance on how the 5-year look-back period is calculated, including the start date and end date considerations; explanation of the consequences and implications of transfers or gifts made during the 5-year look-back period; information on exceptions and exemptions to the 5-year look-back period, clarifying circumstances where certain transfers or assets may not be subject to scrutiny; guidance on the documentation individuals may need to provide or maintain to demonstrate compliance with the 5-year look-back period; tips and considerations for individuals and families on how to plan for eligibility for medical assistance, taking into account the 5-year look-back period; information on the process for appeals and dispute resolution related to decisions made based on the 5-year look-back period; and other matters. Provides that to ensure user-friendly navigation and visibility, the Department shall post on the main page of its official website detailed information on how users can easily access the comprehensive guide on the website and a hyperlink that directs users to the comprehensive guide. Requires the Department to develop and implement strategies and initiatives to promote awareness and utilization of the guide, including outreach efforts through community organizations, healthcare providers, and other relevant channels.
SB 3661, Senator Laura M. Murphy
Amends the Health Care Worker Background Check Act. Provides that the Act applies to all employees, volunteers, interns, unpaid personnel, and agents of comprehensive community mental health centers. Makes conforming changes. Defines the term “comprehensive community mental health center”. Changes the definition of “direct care”. Allows the Department of Public Health to adopt rules to implement the Act as it relates to comprehensive community mental health centers.
SB 3723, Senator Kimberly A. Lightford
Amends the Assisted Living and Shared Housing Act. Adds provisions concerning involuntary terminations of residency, hearings when residency is involuntarily terminated, and readmission of residents. Provides that an establishment shall notify a resident when the establishment’s ability to meet the resident’s needs may be affected. Provides that if an establishment initiates a termination of residency, then the resident shall be provided with written notice. Provides that the Department of Public Health shall (rather than may) offer assistance to an establishment and resident in preparation for a residency termination. Provides that an establishment that improperly terminates the residency of a resident shall be assessed a violation. Makes additions to provisions concerning resident rights. Makes other changes. Amends the Nursing Home Care Act. Makes changes to provisions concerning the involuntary transfer or discharge of a resident, hearings when a resident is involuntarily transferred or discharged, and the readmission of residents. Provides that a resident has a right not to be unlawfully transferred or discharged from a facility. Makes other changes. Amends the Assisted Living and Shared Housing Act and the Nursing Home Care Act. Provides that in certain circumstances the Department shall order immediate readmission of a resident. Provides that failure to readmit a resident after receiving an order to do so from the Department shall result in a specified daily fine. Provides that the Department shall adopt rules related to conflicts of interest for persons who conduct specified hearings.
SB 3753, Senator Laura Fine
Amends the Mental Health and Developmental Disabilities Code. Provides that the Division of Developmental Disabilities of the Department of Human Services may impose progressive sanctions, excluding a situation in which a recipient of services is placed at immediate risk of harm, on providers that fail to comply with conditions specified by rule, contract, or policy as determined by the Division. Provides that sanctions include, but are not limited to, payment suspension, loss of payment, enrollment limitations including admission holds, or other actions up to and including contract termination. Provides that a service provider receiving a sanction may appeal the sanction in writing to the Department of Healthcare and Family Services within 30 days after receipt of the sanction.
Senate Behavioral and Mental Health Committee
March 6, 2024, 10:30 a.m.
Capitol Building, Room 400
Springfield, IL
SB 3137, Senator Laura Fine
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.
SB 3316, 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.
SB 3432, Senator Laura M. Murphy
Amends the Mental Health and Developmental Disabilities Administrative Act. In a provision requiring the Department of Human Service’ Division of Mental Health to implement a direct support professional credential pilot program, delays the pilot program’s start date to Fiscal Year 2025 (rather than Fiscal Year 2024). Amends the School Code. Provides that beginning with the 2026-2027 school year (rather than the 2025-2026 school year) and continuing for not less than 2 years, the State Board of Education shall make available a model program of study that incorporates the training and experience necessary to serve as a direct support professional. Provides that by July 1, 2025 (rather than by July 1, 2023) the Department of Human Service must submit recommendations to the State Board of Education for the training that would be required in order to complete the model program of study. Amends the Public Community College Act. Provides that by July 1, 2026 (rather than by July 1, 2025), the Illinois Community College Board shall submit recommendations for a model program of study, for credit, that incorporates the training and experience necessary to serve as a direct support professional to the Department of Human Services. Effective immediately.
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
