LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITY
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 11, 2019:
House Adoption & Child Welfare Committee
March 12, 2019, 2:00 p.m.
Room 122B, Capitol Building
Springfield, IL
HB 2432, Representative Mary E. Flowers
Amends the Administration of Psychotropic Medications to Children Act. Provides that the Department of Children and Family Services shall adopt rules requiring the Department to distribute treatment guidelines on an annual basis to all persons licensed under the Medical Practice Act of 1987 to practice medicine in all of its branches who prescribe psychotropic medications to youth for whom the Department is legally responsible. Provides that the Department shall prepare and submit an annual report to the General Assembly with specified information concerning the administration of psychotropic medication to youth for whom it is legally responsible. Amends the Medical Practice Act of 1987. Provides that the Department of Financial and Professional Regulation may revoke, suspend, place on probation, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action as the Department may deem proper with regard to the license or permit of any person issued under the Act upon repeated acts of clearly excessive prescribing, furnishing, or administering psychotropic medications to a minor without a good faith prior examination of the patient and medical reason. Makes other changes.
HB 2571, Representative Sara Feigenholtz
Amends the Child Care Act of 1969. Provides that “foster family home” means a facility for child care in residences of families who receive no more than 6 (rather than 8) children unrelated to them, unless all the children are of common parentage, or residences of relatives who receive no more than 6 related children placed by the Department of Children and Family Services, unless the children are of common parentage, for the purpose of providing family care and training for the children on a full-time basis, except the Director of Children and Family Services, pursuant to Department regulations, may waive the numerical limitation of foster children who may be cared for in a foster family home for any of the following reasons to allow: (1) a parenting youth in foster care to remain with the child of the parenting youth; (2) siblings to remain together; (3) a child with an established meaningful relationship with the family to remain with the family; or (4) a family with special training or skills to provide care to a child who has a severe disability. Amends the Juvenile Court Act of 1987. Provides that within 35 days after placing a child in its care in a qualified residential treatment program, as defined by the federal Social Security Act, the Department shall file a written report with the court and send copies of the report to all parties. Provides that within 20 days of the filing of the report, the court shall hold a hearing to consider the Department’s report and determine whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and if the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child. Makes other changes.
House Insurance Committee
March 12, 2019, 2:00 p.m.
Room 114, Capitol Building
Springfield, IL
HB 3473, Representative Deb Conroy
Amends the Illinois Insurance Code. Provides that, for purposes of treatment in the early stages of a mental health condition, a group or individual policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed shall provide coverage for the treatment of serious mental illnesses and serious emotional disturbances. Provides that coverage shall include, but not be limited to, certain evidence-based and evidence-informed bundled treatment approaches. Provides that payment for the services performed under the treatment models shall be based on all the components of the treatment model combined, rather than for each separate service. Provides that disability or functional impairment shall not be a precondition to receive treatment under the provisions. Provides that if federal regulations require the State to defray the cost of coverage for serious mental illnesses or serious emotional disturbances, then the provisions are inoperative and the State shall not assume any obligation for the cost of the coverage. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, and the Voluntary Health Services Plans Act. Provides that the amendatory Act may be referred to as the Fair Insurance Coverage for Early Treatment of Serious Mental Health Conditions Act.
HB 3503, Representative Natalie A. Manley
Amends the Illinois Insurance Code, the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Illinois Public Aid Code to require coverage for hearing instruments and related services for all individuals 65 years of age and older when a hearing care professional prescribes a hearing instrument. Provides that an insurer shall provide coverage for hearing instruments subject to certain restrictions. Provides that an insurer shall not be required to pay a claim if the insured filed such a claim 24 months prior to the date of filing the claim with the insurer and the claim was paid by any insurer.
House Health Care Availability & Accessibility Committee
March 12 2019, 4:00 p.m.
Room 122B, Capitol Building
Springfield, IL
HB 3511, Representative Mary E. Flowers
Creates the Maternal Mental Health Conditions Education, Early Diagnosis, and Treatment Act. Provides that a general acute care hospital or special hospital that has a perinatal unit, in collaboration with medical staff, shall by January 1, 2021 develop and implement a program to provide education and information to appropriate health care professionals and patients about maternal mental health conditions. Provides that the educational program shall include: (i) education and information for postpartum women and families about maternal mental health conditions, post-hospital treatment options, and community resources; (ii) education and information for hospital employees regularly assigned to work in the perinatal unit, including, as appropriate, registered nurses and social workers, about maternal mental health conditions; and (iii) any other service the hospital determines should be included in the program to provide optimal patient care.
House Judiciary-Criminal Committee
March 12, 2019, 4:00 p.m.
Room 118, Capitol 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.
House Human Services Committee
March 13, 2019, 8:30 a.m.
Room C-1, Stratton Building
Springfield, IL
HB 2567, Representative Anne Stava-Murray
Creates the Means Matter Suicide Prevention Act. Provides that beginning in 2020, and on a biennial basis thereafter, every public official in this State must complete a course of training on suicide prevention. Provides that the Secretary of State shall implement and conduct the training program, and shall set standards and determine the hours and frequency of training necessary for public officials under the Act. Provides that a person who fills a vacancy in an elective or appointed position that requires training under the Act must complete his or her initial suicide prevention training within 30 days after commencement of his or her office. Provides that upon completion of the training program, each public official must certify that he or she has completed the training program, and submit a signed copy of the certification to the Secretary. Requires the Secretary to submit a report to the General Assembly and the Governor on a biennial basis that summarizes the most recent suicide prevention training that was completed by public officials, and lays out the plan for the training program for the next year in which suicide prevention training shall take place. Provides that the Secretary of State shall adopt any rules necessary to implement and conduct the suicide prevention training program. Defines terms. Effective January 1, 2020.
HB 3065, Representative Terri Bryant
Amends the Adult Protective Services Act. Provides that when conducting any investigation concerning a report of suspected abuse, neglect, financial exploitation, or self-neglect of an eligible adult, the Department on Aging shall contact as many of the eligible adult’s family members, neighbors, and friends as reasonably possible under the circumstances.
HB 3069, Representative Charles E. Meier
Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Requires facilities licensed under the Act to notify the Department of Human Services when emergency calls are made from the facility. Grants the Department rulemaking power to implement the notification procedures.
HB 3071, Representative Charles E. Meier
Amends the Mental Health and Developmental Disabilities Code. Provides that a person admitted to a developmental disability facility shall have access to sex education, related resources, and treatment planning that supports his or her right to be safe from sexual exploitation and abuse, including access reviews of whether the admitted person is capable of giving consent to sexual activity. Provides that Development of Individual Service Plans for clients receiving residential developmental disability and intellectual disability (DD/ID) services shall include an assessment of each client’s need for sex education training on a case by case basis. Provides that the Department of Human Services shall approve course material in sex education. Provides that materials used in the State’s public school special education programs shall be a primary source of appropriate teaching materials. Provides the criteria that must be included in the course materials and instruction in sex education. Provides that unless inconsistent with federal or State law or with court documentation that conferred guardianship, the guardian or guardians have final authority to approve or disapprove any proposed sex education plan. Provides that if the rest of the Development of Individual Service Plan planning team or the provider believe that the guardian’s decision is not in the affected individual’s best interests or is in any other way inappropriate, detrimental, or unfair to the affected individual, the provider has the prerogative to further pursue any point of contention, whether issues of fact or of law, through administrative or legal action.
HB 3115, Representative Michelle Mussman
Creates the Customized Employment for Individuals with Disabilities Act. Requires the Department of Human Services’ Division of Rehabilitation Services to establish a 5-year Customized Employment Pilot Program that serves a minimum of 25 individuals by the second year of the Pilot Program. Provides that the Pilot Program shall include certain components, including: (1) an intensive discovery phase during which the unique needs, abilities, and interests of each program participant will be explored; (2) a customized person-centered planning process based upon information gathered during the discovery phase that involves capturing, organizing, and presenting the information in a blueprint for the job search; and (3) an employer negotiation process in which job duties and employee expectations are negotiated to align the skills and interests of each program participant to the needs of an employer. Provides that community-based agencies serving persons with intellectual or developmental disabilities shall identify and refer individuals to the Department for participation in the Pilot Program. Requires program participants to reflect the geographical, racial, ethnic, gender, and income-level diversity of the State. Contains provisions concerning data collection and reporting, administrative rules, and other matters.
HB 3179, Representative Deanne A. Mazzochi
Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that a “community-integrated living arrangement” means a living arrangement certified by a community mental health or developmental services agency where 12 (rather than 8) or fewer recipients with mental illness or recipients with a developmental disability reside under the supervision of the agency. Makes a grammatical change.
HB 3245, Representative Mary E. Flowers
Amends the Illinois Public Aid Code. Provides that on and after January 1, 2020 no recipient of medical assistance shall be required to enroll or transition to the State’s managed care medical assistance program. Provides that any recipient enrolled in a managed care health plan on January 1, 2020 shall be given the option to disenroll from the State’s managed care medical assistance program and receive coverage under the State’s fee-for-service program. Provides that on and after January 1, 2020, the Department of Healthcare and Family Services shall not enter into any new contract or agreement with a managed care organization (MCO) to provide services where payment for medical services is made on a capitated basis. Provides that the Department shall not renew, renter, renegotiate, change orders, or amend any contract or agreement it entered with a MCO that was solicited under the State of Illinois Medicaid Managed Care Organization Request for Proposals (2018-24-001) (Request for Proposals (2018-24-001)). Provides that any recipient who is enrolled in a managed care health plan administered by a MCO that entered a contract with the Department under the Request for Proposals (2018-24-001) shall be transitioned to the State’s fee-for-service program upon the expiration of the MCO’s contract with the Department. Requires the Department to establish, by rule, an appeals and grievance process that includes: (i) an expedited internal review of an appeal involving an adverse determination; (ii) a final adverse determination; and (iii) a standard external review. Requires the Department to notify a recipient in writing of the recipient’s right to request an external review. Repeals a provision concerning procurement requirements for MCO contracts.
HB 3299, Representative William Davis
Amends the Mental Health and Developmental Disabilities Code. Provides that a person admitted to a developmental disability facility and receiving habilitation shall have access to sex education, related resources, and treatment planning that supports his or her right to sexual health and healthy sexual practices and to be free from sexual exploitation and abuse. Provides that the person receiving habilitation shall be assessed: (1) on whether he or she has decision making capacity to give consent to sexual activity and (2) for developmentally appropriate sex education materials and resources. Provides that as part of the assessments, consideration shall be given to medical, psychological, and psycho-social evaluations. Provides that the person’s decision making capacity to consent to sexual activity and the developmentally appropriate sex education materials and resources shall be determined by the treatment team that includes the individual, professionals who have knowledge of the individual, and the individual’s guardian, if appointed. Guardian decision making shall be made in accordance with the court order of appointment and the standards of decision making established by the Probate Act of 1975. Provides that the Department of Human Services shall approve course material in sex education. Establishes standards for the course materials and instruction. Defines “healthy sexual practices”.
HB 3378, Representative Anna Moeller
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that benefits under the federal Old-Age, Survivors, and Disability Insurance Program shall not be considered in determining an individual’s financial eligibility for medical assistance. Requires the Department of Healthcare and Family Service to apply to the Centers for Medicare and Medicaid Services for a federal waiver or State Plan amendment if the exemption requires federal approval.
HB 3468, Representative Monica Bristow
Amends the University of Illinois Hospital Act, Alternative Health Care Delivery Act, Ambulatory Surgical Treatment Center Act, Community Living Facilities Licensing Act, Nursing Home Care Act, MC/DD Act, ID/DD Community Care Act, Specialized Mental Health Rehabilitation Act of 2013, Hospital Licensing Act, and Community-Integrated Living Arrangements Licensure and Certification Act. Provides that for hospitals, alternative health care models, Community Living Facilities, long-term care facilities, MC/DD facilities, ID/DD facilities, specialized mental health rehabilitation facilities, and community-integrated living arrangements, reasonable efforts must be made to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a patient’s, resident’s, or consumer’s room or to enable the closed captioning feature when requested to do so by a member of the general public or a patient if the television includes a closed captioning feature, or if a staff member deactivates a closed captioning feature unless the deactivation was done so knowingly or intentionally, or if the closed captioning feature is deactivated by specified individuals. Provides that if there is not a television with a closed captioning feature available, then it must be ensured that all televisions obtained for common areas and patient rooms after the effective date of the amendatory Act include a closed captioning feature. Provides that certain provisions concerning closed captioning shall not apply to televisions that are privately owned by a resident or third party and not owned by the facility.
HB 3483, Representative Robyn Gabel
Amends the Department of Human Services Act. Removes language requiring the Department of Human Services to maintain a disability services database and instead requires the Department of Human Services to compile and maintain a Prioritization of Urgency of Need for Services (PUNS) database of Illinois residents with an intellectual disability or a developmental disability, including an autism spectrum disorder, and Illinois residents with an intellectual disability or a developmental disability who are also diagnosed with a physical disability or mental illness and are in need of disability services funded by the Department. Provides that the PUNS database shall be used to foster a fair and orderly process for: (i) processing applications for services funded by the Department, (ii) verifying information, (iii) keeping individuals and families who have applied for services informed of available services and anticipated wait times, (iv) determining unmet need, and (v) informing the General Assembly and the Governor of unmet need statewide and within each representative district. Requires the Secretary of Human Services to seek input from specified advisory bodies and committees with regard to the establishment, maintenance, and administration of PUNS. Contains provisions concerning the type of information to be collected and maintained for PUNS; the Department’s development of a web-based verification and information-update application; notice of services to individuals listed in the PUNS database; and other matters.
House Elementary & Secondary Education: School Curriculum & Policies Committee
March 13, 2019, 10:00 a.m.
Room 413, Stratton Building
Springfield, IL
HB 3302, Representative Fred Crespo
Amends the Children with Disabilities Article of the School Code. Provides that, for the Chicago School District only, for complaints concerning delays and denials of special education services in the 2016-2017 or 2017-2018 school year, a complainant has no less than 2 years following the creation of the State Board of Education’s compensatory education plan and notification of that plan to parents and guardians of impacted children to file a complaint if the complainant has not obtained relief through (i) the compensatory education plan, (ii) a due process claim, or (iii) mediation. Provides that the State Board’s notification of its compensatory education plan to parents and guardians must include notification of the extended timeframe to file complaints under this subsection.
HB 3538, Representative Anne Stava-Murray
Amends the School Code. Provides that, beginning with the 2020-2021 school year, each school district, nonpublic school, and charter school that maintains grade 9 must require all ninth grade students to take a one-time mental health course that includes information for students on how to detect signs of depression, how to ask for help with any mental health issues, and the resources available for those students who wish to seek assistance with mental health issues. Provides that the school board or governing body of the school shall determine the minimum amount of instructional time necessary to satisfy the course requirement. Requires the State Board of Education to prepare and make available to schools resource materials that may be used for the course. Makes a conforming change.
HB 3586, Representative Fred Crespo
Amends the Children with Disabilities Article of the School Code. Provides that, for the Chicago School District only, beginning with the 2019-2020 school year, the school district shall, in collaboration with its primary office overseeing special education policies, publish on the school district’s publicly available website any proposed changes to its special education policies, which must be available at least 45 days before the adoption of that policy change. Provides that the school district must make the entirety of its special education Procedural Manual and any other guidance documents pertaining to special education publicly available, in print and on the school district’s website, in both English and Spanish. With regard to individualized education program meetings, provides that no later than 5 school days before a child’s individualized education program eligibility meeting or meeting to review a child’s individualized education program, a school board or school personnel must provide the child’s parent or guardian with copies of all relevant information collected about the child so that the parent or guardian may participate as a fully-informed team member of the meeting. Provides that the State Board of Education must (rather than may) create a telephone hotline to address concerns regarding the provision of special education services in a school district. Makes other changes.
House Health Care Licenses Committee
March 13, 2019, 10:00 a.m.
Room 122B, Capitol Building
Springfield, IL
HB 3061, Representative Justin Slaughter
Amends the Health Care Worker Background Check Act. Provides that an individual otherwise qualified for and intending to apply for a direct care position who has a disqualifying conviction may initiate a fingerprint-based criminal history record check where a conditional offer of employment has not been made and such a background check has not been previously conducted, and allows those individuals to request a waiver of the prohibition of employment.
HB 3684, Representative Aaron Ortiz
Amends the Hospital Licensing Act. Provides that the Department of Public Health may refuse to renew a license if (i) the hospital fails to provide to the Department a copy of its policy adopted under the Language Assistance Services Act, (ii) the Department determines that the hospital is not in compliance with its policy adopted under the Language Assistance Services Act, or (iii) the Department determines that the hospital is not in compliance with the Language Assistance Services Act.
House Transportation: Vehicles & Safety Committee
March 13, 2019, 10:00 a.m.
Room 122B, 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.
HB 2126, Representative La Shawn K. Ford
Amends the State Finance Act. Creates the Post-Traumatic Stress Disorder Awareness Fund as a special fund in the State treasury. Amends the Illinois Vehicle Code to allow for the issuance of decals for Universal special license plates by K9s for Veterans, NFP. Provides for the original fee, renewal fees, and fee distribution for Universal special license plates with decals issued by the K9s for Veterans, NFP.
House Labor & Commerce Committee
March 13, 2019, 2:30 p.m.
Room 114, Capitol Building
Springfield, IL
HB 3340, Representative Theresa Mah
Amends the Department of Human Services Act. Contains a declaration of policy and intent. Requires the Department of Human Services, in partnership with specified State agencies, to develop and implement a plan to phase out, by July 1, 2024, authorizations under the Minimum Wage Law to pay an employee with a disability less than the minimum wage. Requires the Department to consult with specified organizations when implementing the phase-out plan. Requires the Secretary of Human Services to submit reports to the Governor and the General Assembly on the benchmarks and status of achieving the outcomes included in the phase-out plan and recommendations for funding levels or other resources necessary to implement the phase-out plan. Amends the Department of Labor Law. Prohibits the Director of Labor from authorizing a work activities center or other sheltered workshop to pay an employee who has a disability less than the minimum wage unless certain requirements are met. Amends the Illinois Council on Developmental Disabilities Law. Requires the Illinois Council on Developmental Disabilities to commission an independent study of the phase-out plan; determine whether the plans are having their intended effects; and make recommendations for possible changes in State law or policy regarding the employment of individuals with disabilities. Requires the Council to report its findings and recommendations to the Governor and the General Assembly by July 1, 2023. Amends the Minimum Wage Law. Provides that the State of Illinois shall not fund any entity that pays individuals less than the minimum wage under a certificate issued by the United States Department of Labor that authorizes Community Rehabilitation Programs to pay individuals less than the wage otherwise required for the individuals under federal law. Effective immediately, except that the provisions amending the Minimum Wage Law take effect July 1, 2024.
House State Government Administration Committee
March 13, 2019, 2:30 p.m.
Room 122B, Capitol Building
Springfield, IL
HB 2837, Representative Kelly M. Burke
Amends the State Treasurer Act. Modifies and reorganizes provisions concerning the ABLE
account program. Provides that a designated representative under the program includes, among other persons, the account owner’s guardian of the person or any other State-appointed guardian. Provides that the State Treasurer may enter into agreements with other states to either allow Illinois residents to participate in a plan operated by another state or to allow residents of other states to participate in the Illinois ABLE plan. Modifies terms under the Act. Amends the Probate Act of 1975. Modifies provisions concerning duties of a guardian of a minor, duties of a personal guardian, and duties of an estate guardian to allow a specified guardian to, without an order of court, open, maintain, and transfer funds to an ABLE account on behalf of the ward and the ward’s dependent children as specified under the ABLE account program. Makes conforming and other changes.
House Revenue & Finance Committee
March 14, 2019, 8:30 a.m.
Room118, Capitol Building
Springfield, IL
HB 184, Representative La Shawn K. Ford
Amends the Illinois Income Tax Act. Creates an income tax checkoff for the Mental Health Income Tax Checkoff Fund. Amends the State Finance Act to create the Fund. Provides that moneys in the Fund may be used by the Department of Public Health for the purpose of making grants to providers of mental health services in the State.
HB 368, Representative Patrick Windhorst
Amends the Property Tax Code. Provides that the homestead exemption for veterans with disabilities carries over to the benefit of the veteran’s surviving spouse if the veteran resided outside of the State but otherwise qualified for the exemption at the time of his or her death and the surviving spouse relocates to Illinois after the death of the veteran.
HB 369, Representative Lindsay Parkhurst
Amends the Illinois Income Tax Act. Creates an income tax deduction in an amount equal to the out-of-pocket costs incurred by a taxpayer during the taxable year for expenses associated with
long-term care for the taxpayer or the taxpayer’s family member.
HB 2645, Representative Stephanie A. Kifowit
Amends the Illinois Income Tax Act. Provides that each taxpayer that makes a donation during the taxable year to a startup of an adult day program for adults with intellectual and developmental disabilities is entitled to an income tax credit in an amount equal to the amount of the donation.
HB 2775, Representative Debbie Meyers-Martin
Amends the Property Tax Code. Provides that the Senior Citizens Assessment Freeze
Homestead Exemption also applies to persons with a disability. Amends the State Mandates Act to make conforming changes.
HB 3163, Representative Jerry Costello, II
Amends the Property Tax Code. Provides that the homestead exemption for veterans with disabilities carries over to the benefit of the veteran’s surviving spouse if the veteran resided outside of the State but otherwise qualified for the exemption at the time of his or her death and the surviving spouse relocates to Illinois after the death of the veteran.
HB 3401, Representative Joyce Mason
Amends the Property Tax Code. Creates an assessment freeze homestead exemption for persons with a disability. Sets forth the amount of the exemption. Provides that applicants must reapply on an annual basis.
House Mental Health Committee
March 14, 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 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.
HB 2486, Representative Deb Conroy
Creates the Mental Health Modernization and Access Improvement Act. Requires the Department of Healthcare and Family Services to apply for a Medicaid waiver or State Plan amendment, or both, within 6 months after the effective date of the Act to develop and implement a regulatory framework that allows, incentivizes, and fosters payment reform models for all Medicaid community mental health services provided by community mental health centers or behavioral health clinics. Requires the regulatory framework to: (i) allow for and incentivize service innovation that is aimed at producing the best health outcomes for Medicaid enrollees with mental health conditions; (ii) reward high-quality care through annual incentive payments to community mental health centers and behavioral health clinics; (iii) require community mental health centers and behavioral health clinics to report on specified quality and outcomes metrics; and other matters. Provides that all documentation and reporting requirements under the regulatory framework must comply with the federal Mental Health Parity and Addiction Equity Act of 2008 and the State mental health parity requirements under the Illinois Insurance Code. Contains provisions concerning quality and outcomes metrics reporting; data sharing; the establishment of a Stakeholder Quality and Outcomes Metrics Development Working Group; statewide in-person trainings to ensure provider readiness for the regulatory framework; quality and patient safety protections; implementation timeline; certification of community mental health centers that opt into the regulatory framework; and other matters. Provides that the Act shall be implemented upon federal approval and only to the extent that federal financial participation is available.
- To read full text of HB 2486: Click
- To file an electronic witness slip on HB 2486: Click
HB 2511, Representative Deanne M. Mazzochi
Creates the Suicide Prevention Act. Provides that for a person 18 years of age or older who is receiving or has received mental health services for an attempted suicide, the person’s therapist shall identify a family member or other person who shall consult with the therapist every 30 days following a suicide attempt for the period of one year. Provides that the period may be extended by the therapist based on need. Provides that the therapist shall be responsible for consulting with the designated person about the progress of the person who is receiving mental health services toward restoration of mental health. Provides that except as otherwise prohibited by the federal Health Insurance Portability and Accountability Act of 1996, a therapist is not criminally or civilly liable for disclosing the recipient’s therapy or for discussing the progress of the recipient toward mental health to a person designated under the Act. Defines various terms. Amends the Mental Health and Developmental Disabilities Confidentiality Act to make conforming changes.
HB 2845, Representative Deb Conroy
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that a Medicaid managed care plan amended, delivered, issued, or renewed after the effective date of the amendatory Act must provide individuals under 21 years of age coverage for the diagnosis of autism spectrum disorders and for the treatment of autism spectrum disorders to the extent that the diagnosis and treatment of autism spectrum disorders are not already covered by the Medicaid managed care plan. Provides that the coverage provided for the treatment of autism spectrum disorders shall not be subject to any limits on the number of visits to a service provider, but shall be subject to copayment, deductible, and coinsurance provisions of a Medicaid managed care plan to the extent that other medical services covered by the Medicaid managed care plan are subject to these provisions. Provides that the provisions of the amendatory Act shall not be construed as limiting benefits that are otherwise available to an individual under a Medicaid managed care plan and benefits provided under the amendatory Act may not be subject to dollar limits, deductibles, copayments, or coinsurance provisions that are less favorable to the insured than the dollar limits, deductibles, or coinsurance provisions that apply to physical illness generally. Requires a provider of treatment for autism spectrum disorders to furnish, upon request to the reimbursing managed care organization, medical records, clinical notes, or other necessary data that substantiate that initial or continued medical treatment is medically necessary and is resulting in improved clinical status. Defines terms. Makes other changes.
Senate Education Committee
March 12, 2019, 1:00 p.m.
Room 212, Capitol Building
Springfield, IL
SB 1731, Senator David Koehler
Amends the School Code. With regard to the in-service training program on the warning signs of mental illness and suicidal behavior in youth, provides that the program must utilize evidence-based training that educates the participants on (i) recognizing the signs and symptoms of mental illness and substance use disorders, including common psychiatric conditions such as schizophrenia, bipolar disorder, major clinical depression, and anxiety disorders and common substance use disorders such as opioids and alcohol, (ii) providing referrals to mental health or substance use disorder services or other support to individuals in the early stages of developing a mental illness or substance use disorder, recommending resources available in the community for individuals with a mental illness or substance use disorder, and recommending any other relevant resources, and (iii) ensuring the safe de-escalation of crisis situations involving individuals with a mental illness. Provides that a school district may utilize the Mental Health First Aid training program to provide the training.
SB 1940, Senator Kimberly A. Lightford
Amends the School Code. With regard to the student discipline report, provides that the report must include data on the total number of school days missed by a student due to an out-of-school suspension or expulsion and data on the number of law enforcement officers assigned to schools within each school district and the number of arrests made by law enforcement officers of students on school grounds, in school vehicles, at school activities or school-sanctioned events, or as a result of referrals by school officials. Provides that the report must be disaggregated by whether a student qualifies for services under the federal Individuals with Disabilities Education Act, the total amount of school days missed by the student, and the incident type that caused the suspension or expulsion. Provides that, in compiling the report, the State Board of Education must use the same disclosure avoidance standards used by the United States Department of Education in its public reporting of data submitted by each school district as part of the Civil Rights Data Collection and must also ensure that cross-tabulation by the various categories of disaggregation is possible. Makes other changes.
SB 2025, Senator David Koehler
Amends the School Code. Requires each school district to inform a student’s parent or guardian if his or her child is beginning to receive tiered Response to Intervention support that is more intensive than the universal level of instruction and must allow the parent or guardian to participate in the process; defines “Response to Intervention”. Provides that the information provided to the parent or guardian must include the problem or problems being addressed for the student, the student’s performance goal or goals, the reason why the student is being moved to a more intense level of intervention, and how the parent or guardian may obtain a copy of any progress reports and data being collected for the student. Provides that a school district must inform a parent or guardian with a child who is receiving Response to Intervention support above the universal level of instruction of the parent’s or guardian’s right to request a special education evaluation at any time. Requires a school district to request parental or guardian consent to conduct a case study evaluation of a student to determine if the student is in need of special education services if the student has been in the highest level of Response to Intervention support for 45 consecutive school days and has not shown meaningful, measurable progress under the performance goal or goals established for the student.
SJR 21, Senator Jil Tracy
Encourages the Illinois State Board of Education, special education cooperatives, and each school district in this State to consider the potential benefits of inclusive education for children with and without disabilities in Illinois.
Senate Public Health Committee
March 12, 2019, 1:00 p.m.
Room 400, Capitol Building
Springfield, IL
SB 109, Senator Terry Link
Amends the Authorized Electronic Monitoring in Long-Term Care Facilities Act. Includes in the definition of “facility” a facility that provides housing to individuals with dementia.
SB 1425, Senator Heather A. Steans
Amends the Suicide Prevention, Education, and Treatment Act. Makes changes concerning the findings of the General Assembly. Creates the Office of Suicide Prevention within the Department of Public Health for the purpose of implementing the Act. Requires the Office of Suicide Prevention, in consultation with the Illinois Suicide Prevention Alliance, to submit an annual report to the Governor and General Assembly on the effectiveness of the activities and programs undertaken under the Illinois Suicide Prevention Strategic Plan that includes any recommendations for modification to Illinois law to enhance the effectiveness of the Plan (instead of an annual report by the Illinois Suicide Prevention Alliance). Changes what shall be contained in the Plan. Provides that the Office of Suicide Prevention (in addition to the Department) shall provide technical assistance to the Illinois Suicide Prevention Alliance and implement a general awareness and screening program. Provides that the program shall include an annual statewide suicide prevention conference. Removes provisions requiring the Department to establish 5 suicide prevention pilot programs relating to youth, elderly, special populations, high-risk populations, and professional caregivers. Provides that the Office of Suicide Prevention shall establish programs that are consistent with the Plan.
SB 1711, Senator Suzy Glowiak
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.
- To file an electronic witness slip on SB 1711: Click
SB 1965, Senator Elgie R. Sims, Jr.
Amends the Health Care Worker Background Check Act. Provides that an individual otherwise qualified for and intending to apply for a direct care position who has a disqualifying conviction may initiate a fingerprint-based criminal history record check where a conditional offer of employment has not been made and such a background check has not been previously conducted, and allows those individuals to request a waiver of the prohibition of employment.
Senate Human Services Committee
March 12, 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 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.
SB 2055, Senator Laura Murphy
Amends the Department of Human Services Act. Removes language requiring the Department
of Human Services to maintain a disability services database and instead requires the Department of Human Services to compile and maintain a Prioritization of Urgency of Need for Services (PUNS) database of Illinois residents with an intellectual disability or a developmental disability, including an autism spectrum disorder, and Illinois residents with an intellectual disability or a developmental disability who are also diagnosed with a physical disability or mental illness and are in need of disability services funded by the Department. Provides that the PUNS database shall be used to foster a fair and orderly process for: (i) processing applications for services funded by the Department, (ii) verifying information, (iii) keeping individuals and families who have applied for services informed of available services and anticipated wait times, (iv) determining unmet need, and (v) informing the General Assembly and the Governor of unmet need statewide and within each representative district. Requires the Secretary of Human Services to seek input from specified advisory bodies and committees with regard to the establishment, maintenance, and administration of PUNS. Contains provisions concerning the type of information to be collected and maintained for PUNS; the Department’s development of a web-based verification and information-update application; notice of services to individuals listed in the PUNS database; and other matters.
SB 2086, Senator Laura Fine
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that no later than October 1, 2022, the Department of Human Services shall transfer each individual with an intellectual disability or a developmental disability residing in a non-Medicaid certified facility or residence funded by the Department to the State’s Home and Community-Based Services Waiver Program for Persons with Developmental Disabilities or to a Medicaid-certified residence or facility. Prior to the transfer of any individual under this provision, the individual shall be evaluated by an independent community-based multidisciplinary clinical team that will work with the individual and an independent service coordination agency to develop a person-centered plan for the individual up to the amount of funding currently being allocated for the needs of the individual in the non-Medicaid certified facility or residence. Provides that the net savings realized from the implementation of this provision shall be reinvested in community-based residential and support services to individuals with intellectual disabilities and developmental disabilities. Amends the Community Services Act to make conforming changes.
SB 2087, Senator Laura Fine
Creates the Customized Employment for Individuals with Disabilities Act. Requires the
Department of Human Services’ Division of Rehabilitation Services to establish a 5-year Customized Employment Pilot Program that serves a minimum of 25 individuals by the second year of the Pilot Program. Provides that the Pilot Program shall include certain components, including: (1) an intensive discovery phase during which the unique needs, abilities, and interests of each program participant will be explored; (2) a customized person-centered planning process based upon information gathered during the discovery phase that involves capturing, organizing, and presenting the information in a blueprint for the job search; and (3) an employer negotiation process in which job duties and employee expectations are negotiated to align the skills and interests of each program participant to the needs of an employer. Provides that community-based agencies serving persons with intellectual or developmental disabilities shall identify and refer individuals to the Department for participation in the Pilot Program. Requires program participants to reflect the geographical, racial, ethnic, gender, and income-level diversity of the State. Contains provisions concerning data collection and reporting, administrative rules, and other matters.
- To read full text of SB 2087: Click
- To file an electronic witness slip on SB 2087: Click
Senate Judiciary Committee
March 12, 2019, 3:00 p.m.
Room 400, Capitol Building
Springfield, IL
SB 125, Senator Julie A. Morrison
Amends the Mental Health and Developmental Disabilities Code. Provides that when the respondent requests a jury on the question of whether he or she is subject to involuntary admission on an inpatient or outpatient basis, the jury shall consist of 6 persons, unless either party demands a jury of 12 persons. Provides that a respondent is also entitled (rather than not entitled) to a jury on the question of whether psychotropic medication or electroconvulsive therapy may be administered under the Code.
Senate Criminal Law Committee
March 12, 2019, 5:00 p.m.
Room 400, Capitol Building
Springfield, IL
SB 1627, Senator Toi W. Huthchinson
Amends the Code of Criminal Procedure of 1963. Eliminates the amendatory changes made by
Public Act 100-574 to the Code. Amends the Code of Civil Procedure. Provides that a movant may present a meritorious claim under this section if the allegations in the petition establish each of the following by a preponderance of the evidence: (1) she was convicted of a forcible felony; (2) her participation in the offense was a direct result of her suffering from post-partum depression or post-partum psychosis; (3) no evidence of post-partum depression or post-partum psychosis was presented by a qualified medical person at trial or sentencing, or both; (4) she was unaware of the mitigating nature of the evidence or, if aware, was at the time unable to present this defense due to suffering from post-partum depression or post-partum psychosis, or, at the time of trial or sentencing, neither was a recognized mental illness and as such she was unable to receive proper treatment; and (5) evidence of post-partum depression or post-partum psychosis as suffered by the person is material and noncumulative to other evidence offered at the time of trial or sentencing and it is of such a conclusive character that it would likely change the sentence imposed by the original court. Provides that the new provision is inoperative 2 years after its effective date. Provides that nothing in the new provision prevents a person from applying for any other relief under the Civil Practice Law or any other law otherwise available to her. Defines “post-partum depression” and “post-partum psychosis”.
Senate Appropriations I Committee
March 13, 2019, 9:00 a.m.
Room 212, Capitol Building
Springfield, IL
SUBJECT MATTER: FY 20 Budget Request For The Following Agencies: SB 2179- Guardianship and Advocacy Commission, SB 2231- Department of Military Affairs, SB 2198- Department of Veterans Affairs, SB 2171- State Retirement System, SB 2210- Teachers’ Retirement System, SB 2179, SB 2231, SB 2198, SB 2171, SB 2210
- To file an electronic witness slip for the subject matter hearing : Click
Senate Local Government Committee
March 13, 2019, 9:00 a.m.
Room 409, Capitol Building
Springfield, IL
SB 2106, Senator Brian W. Stewart
Amends the Community Mental Health Act. Provides that upon receipt of all the annual moneys
collected from the tax levied under the Act, each governmental unit that levies that tax shall immediately deposit 20% of those moneys into a special fund directly controlled by the county sheriff to be used for mental health services within the county jail.
Senate Transportation Committee
March 12, 2019, 5:00 p.m.
Room 212, Capitol Building
Springfield, IL
SB 2050, Julie A. Morrison
Amends the Illinois Vehicle Code to allow for the issuance of developmental disabilities awareness decals for Universal special license plates by the Department of Human Services. Provides fees for the decals. Creates the Developmental Disabilities Awareness Fund as a special fund in the State treasury. Provides that money in the Fund shall be paid as grants to the Illinois Department of Human Services to fund legal aid groups to assist with guardianship fees for private citizens willing to become guardians for individuals with developmental disabilities but who are unable to pay the legal fees associated with becoming a guardian. Makes a corresponding change in the State Finance Act.
Senate State Government Committee
March 13, 2019, 2:00 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
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.
Senate Insurance Committee
March 13, 2019, 4:00 p.m.
Room 212, Capitol Building
Springfield, IL
SB 35, Senator Melinda Bush
Amends the Illinois Insurance Code. Provides that, for purposes of treatment in the early stages
of a mental health condition, a group or individual policy of accident and health insurance or managed care plan shall provide coverage for the treatment of serious mental illnesses and serious emotional disturbances. Provides that coverage shall include, but not be limited to, certain evidence-based and evidence-informed bundled treatment approaches. Provides that payment for the services performed under the treatment models shall be based on all the components of the treatment model combined, rather than for each separate service. Provides that disability or functional impairment shall not be a precondition to receive treatment under the provisions. Provides that if federal regulations require the State to defray the cost of coverage for serious mental illnesses or serious emotional disturbances, then the provisions are inoperative and the State shall not assume any obligation for the cost of the coverage. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, and the Voluntary Health Services Plans Act. Provides that the amendatory Act may be referred to as the Fair Insurance Coverage for Early Treatment of Serious Mental Health Conditions Act.
SB 1420, Senator Laura Murphy
Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed after the effective date of the amendatory Act shall provide coverage for hippotherapy and other forms of therapeutic riding. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, and the Health Maintenance Organization Act.
- To read full text of SB 1420: Click
- To file an electronic witness slip on SB 1420: Click
SB 1449, Senator Julie A. Morrison
Amends the Illinois Insurance Code. Provides that every insurer that amends, delivers, issues, or renews a group or individual policy or certificate of disability insurance or disability income insurance shall ensure parity for the payment of mental, emotional, nervous, or substance use disorders or conditions. Changes the definition of “treatment limitation” to include benefit payments under disability insurance or disability income insurance.
SB 2026, Senator Sue Rezin
Amends the State Employees Group Insurance Act of 1971. Prohibits the State from applying for any federal waiver that would reduce or eliminate any protection or coverage required under the Patient Protection and Affordable Care Act (ACA) that was in effect on January 1, 2017, including, but not limited to, any protection for persons with pre-existing conditions and coverage for services identified as essential health benefits under the ACA. Provides that the State or an agency of the executive branch may apply for such a waiver only if granted authorization by the General Assembly through joint resolution. Amends the Illinois Insurance Code. Prohibits the State from applying for any federal waiver that would permit an individual or group health insurance plan to reduce or eliminate any protection or coverage required under the ACA that was in effect on January 1, 2017, including, but not limited to, any protection for persons with pre-existing conditions and coverage for services identified as essential health benefits under the ACA. Provides that the State or an agency of the executive branch may apply for such a waiver only if granted authorization by the General Assembly through joint resolution. Amends the Illinois Public Aid Code. Prohibits the State or an agency of the executive branch from applying for any federal Medicaid waiver that would result in more restrictive standards, methodologies, procedures, or other requirements than those that were in effect in Illinois as of January 1, 2017 for the Medical Assistance Program, the Children’s Health Insurance Program, or any other medical assistance program in Illinois operating under any existing federal waiver authorized by specified provisions of the Social Security Act. Provides that the State or an agency of the executive branch may apply for such a waiver only if granted authorization by the General Assembly through joint resolution.
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
