LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITY
March 11, 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 11, 2024. NOTE: March 15, 2024, is the deadline to get substantive Senate bills out of committee.
House Ethics and Elections Committee
March 12, 2024, 2:00 p.m.
Capitol Building, Room 114 and Virtual Room 1, www.ilga.gov
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.
HB 5316, Representative LaShawn K. Ford
Amends the Illinois Identification Card Act. Provides that the Secretary of State shall issue a State Voter Identification Card to any natural person who is a registered voter in the State of Illinois and who applies for the card or the renewal of the card. Sets forth the requirements of the State Voter Identification Card. Provides that the State Voter Identification Card may be used for identification purposes in any lawful situation only by the person to whom it was issued. Provides that the State Voter Identification Card shall be provided free of charge. Provides that, no later than January 1, 2025, the Secretary of State shall make available to the public application forms for the State Voter Identification Card. Provides that the Secretary of State shall adopt rules for the implementation and administration of the provision. Effective immediately.
House Health Care Availability & Accessibility Committee
March 12, 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.
HB 5051, Representative Jenn Ladisch Douglass
Amends the Prior Authorization Reform Act. Provides that a health insurance issuer may not require prior authorization for a prescription drug prescribed to a patient by a health care professional for 6 or more consecutive months, regardless of whether the prescription drug is a non-preferred medication pursuant to the patient’s health insurance coverage; or for specified prescription drugs, including insulin, human immunodeficiency virus prevention medication; human immunodeficiency virus treatment medication; viral hepatitis medication; estrogen; and progesterone.
House Judiciary-Criminal Committee
March 12, 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.
HB 5308, Representative Lilian Jimenez
Amends the Juvenile Court Act of 1987. Provides that the automatic expungement of juvenile law enforcement records and court records includes juvenile DNA records. Provides that in cases involving juvenile records that are not subject to automatic expungement, a person may petition for the expungement of the person’s juvenile DNA records. Amends the Unified Code of Corrections. Deletes a provision that DNA shall be collected from a person who received a disposition of supervision under the Juvenile Court Act of 1987. Provides that whenever expungement is granted under the Juvenile Court Act of 1987, the DNA record shall be expunged from the DNA identification index, and the Illinois State Police shall by rule prescribe procedures to ensure that the record and any specimens, analyses, or other documents relating to such record, whether in the possession of the Illinois State Police or any law enforcement or police agency, or any forensic DNA laboratory, including any duplicates or copies thereof, are destroyed and a letter is sent to the court verifying the expungement is completed. Provides that for specimens required to be collected prior to conviction, unless the individual has other charges or convictions that require submission of a specimen, the DNA shall not be submitted into the Federal Bureau of Investigation’s Combined DNA Index System (CODIS).
House Judiciary-Civil Committee
March 13, 2024, 8:00 a.m.
Capitol Building, Room 114, and Virtual Room 1, www.ilga.gov
Springfield, IL
HB 4275, Representative Lindsey LaPointe
Amends the Probate Act of 1975. Provides that upon the filing of a petition by a reputable person or by the alleged person with a disability himself or on its own motion, the court may adjudge a person to be a person with a disability, but only if it has been demonstrated by clear and convincing evidence that the person is a person with a disability and the person cannot be supported through a supported decision-making agreement. Provides that at the time of the appointment of a guardian the court shall inform the ward of his right to petition for termination of an adjudication of disability using a supported decision-making agreement. Makes other changes. Amends the Supported Decision-Making Agreement Act. Changes the definition of “principal” to mean an adult (rather than an adult with intellectual or developmental disabilities) who seeks to enter, or has entered, into a supported decision-making agreement with a supporter. Allows a principal to elect to nominate the supporter as the principal’s health care surrogate and may act as the principal’s health care surrogate when the standards set forth in the Health Care Surrogate Act have been met. Makes conforming changes. Amends the Health Care Surrogate Act. Provides that a supporter designated under a supported decision-making agreement has second priority to make decisions on behalf of a patient.
HB 4613, Representative Maura Hirschauer
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.
HB 4821, Representative Curtis J. Tarver, II
Amends the Illinois Human Rights Act. Authorizes an aggrieved party to commence a civil action in the appropriate circuit court within 300 calendar days after the date that a civil rights violation allegedly has been committed.
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.
HB 5351, Representative Lindsey LaPointe
Amends the Mental Health and Developmental Disabilities Code. Provides that the circuit court has jurisdiction under the Admission, Transfer and Discharge Procedures for the Mentally Ill Chapter of the Code over persons not charged with a felony who are subject to involuntary admission on an inpatient basis. Provides that the circuit court has jurisdiction over all persons who are subject to involuntary admission on an outpatient basis under the Admission on an Outpatient Basis by Court Order Article of that Chapter of the Code, whether or not they are charged with a felony. Provides that a petition that the respondent is subject to involuntary admission on an outpatient basis must be accompanied by one certificate (rather than 2 certificates) of a physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist which certifies that the respondent is subject to involuntary admission on an outpatient basis. Provides that a court order placing the respondent in the care and custody of a relative or other person willing and able to properly care for him or her or committing the respondent to alternative treatment at a community mental health provider may include provisions requiring that the respondent participate in: case management services, individual or group therapy, day or partial day programs, educational or vocational training, supervised living, assertive community treatment team services, substance use disorder treatment and testing and any other service that would help prevent relapse or deterioration resulting in hospitalization. Provides that psychotropic medication or electroconvulsive therapy and accompanying tests may be ordered only pursuant to the administration of psychotropic medication and electroconvulsive therapy upon application to a court provisions of the Code. Provides that the court may also order the custodian or treatment provider to file periodic reports with the court, and provide copies to the State’s Attorney and respondent’s counsel, reflecting the respondent’s participation in treatment and his or her clinical condition.
House Elementary & Secondary Education: School Curriculum & Policies Committee
March 13, 2024, 8:00 a.m.
Stratton Building, Room D-1
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 4586, Representative Anna Stava Murray
Amends the School Code. Provides that a school board shall require each school to notify students and the students’ parents or guardians twice each year on how to access any mental health services offered in school or in the community where the school is located.
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 13, 2024, 8:30 a.m.
Capitol Building, Room 118, and Virtual Room 2, www.ilga.gov
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, HCA 1: 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 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 4522, Representative Steven Reick
Amends the Administration Article of the Illinois Public Aid Code. Provides that subject to appropriation and any necessary federal waivers or approvals, the Department of Human Services shall develop and implement a transitional benefits program for Temporary Assistance for Needy Families (TANF) and the Supplemental Nutrition Assistance Program (SNAP) that is designed in such a way that a TANF or SNAP beneficiary will not experience an immediate loss of benefits should the beneficiary’s income exceed the maximum allowable income under the TANF or SNAP program. Provides that the transitional benefits offered shall gradually step down the beneficiary’s monthly benefit proportionate to the increase in the beneficiary’s income. Sets forth monthly benefits amounts based on monthly household income. Requires beneficiaries to comply with TANF and SNAP work requirements. Provides that, subject to appropriation, the Department shall implement, by July 1, 2025, a program to allow recipients to receive transitional child care benefits without the requirement that such recipients first be eligible for full child care benefits. Provides that transitional child care benefits shall be determined on a sliding scale for recipients with household incomes in excess of the eligibility level for full benefits. Sets forth the sliding benefit schedule for the program. Requires the Department to track the number of participants in the program and issue an annual report to the General Assembly by September 1, 2026 and by September 1 each year thereafter, detailing the effectiveness of the program in encouraging recipients to secure employment earning an income greater than the maximum wage eligible for the full child care benefit. Requires the Department to pursue all necessary waivers from the federal government to implement the program. Provides that upon federal approval, the Department shall limit any initial application for the SNAP, TANF, or the Child Care Assistance Program to a one-page form that is easily accessible on the Department’s website. Provides that persons participating in TANF, SNAP, or the Child Care Assistance Program who are required to complete a periodic eligibility review form, may submit such form as an attachment to their Illinois income tax return. Requires the Department of Human Services and the Department of Revenue to adopt rules. Effective immediately.
HB 4684, Representative Tim Ozinga
Amends the Rehabilitation of Persons with Disabilities Act. Provides that, notwithstanding any other law or rule to the contrary, funds held in an individual retirement account, a pension plan, an employer-sponsored 401(k) or 403(b) plan, or a plan established under the Self-Employed Individuals Retirement Act of 1962 shall be exempt and not counted as assets when determining an individual’s eligibility for services under the Act. Requires the Department of Human Services to adopt rules that are consistent with the provisions of the amendatory Act.
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 5354, Representative Lindsey LaPointe
Amends the Customized Employment for Individuals with Disabilities Act. Changes the name of the Customized Employment Pilot Program to the Customized Employment Demonstration Program. Provides that the program shall consist of components consistent with specified standards published by the Workforce Innovation Technical Assistance Center and the Youth Technical Assistance Center under grants from the federal Department of Education. Provides that the Division of Rehabilitation Services of the Department of Human Services shall collect data concerning the successes and challenges of the program and shall submit an annual report to the Governor and the General Assembly on March 1st of each year beginning in 2026 until the program terminates. Defines “customized employment”.
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 Health Care Licenses Committee
March 13, 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.
HB 5352, Representative Lindsey LaPointe
Amends the Nursing Home Care Act and the Assisted Living and Shared Housing Act. Provides that administrators of facilities licensed under those Acts shall ensure that all facility staff receive annual in-service training designed to prevent retaliation against patients and residents. Provides that the training must contain a discussion of certain specified topics. Amends the Illinois Act on the Aging. Provides that the Office of State Long Term Care Ombudsman shall create, and periodically update as needed, a training manual for Nursing Homes and Assisted Living Facilities that provides guidance on structuring and implementing the training required. Effectively immediately.
House Housing Committee
March 13, 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 13, 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 13, 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 Labor & Commerce Committee
March 13, 2024, 2:00 p.m.
Capitol Building, Room 114
Springfield, IL
HB 5256, Representative Harry Benton
Amends the Personnel Code. Provides, in provisions concerning a trainee program for persons with a disability, that “disability” includes a diagnosis of Autism Spectrum Disorder by a medical professional. Effective immediately.
House State Government Committee
March 13, 2024, 2: 00 p.m.
Capitol Building, Room 118
Springfield, IL
HB 4813, Representative Yolonda Morris
Amends the Information Technology Accessibility Act. Provides that the Department of Innovation and Technology (currently, the Department of Human Services) shall review certain accessibility standards. Removes a specific reference to the Department of Central Management Services. Effective immediately.
Joint Hearing of House Health Care Licenses Committee and House Insurance Committee
March 13, 2024, 4:00 p.m.
Capitol Building, Room 114 and Virtual Room 1, www.ilga.gov
Springfield, IL
SUBJECT MATTER: Artificial Intelligence in Healthcare
- To file an electronic witness slip for the subject matter hearing: Click
Senate Education Committee
March 12, 2024, 2:00 p.m.
Capitol Building, Room 212
Springfield, IL
SB 3768, Senator Suzy Glowiak Hilton
Amends the Children with Disabilities Article of the School Code. Provides that the State Board of Education shall maintain and operate, or contract for (instead of being empowered to establish, maintain, and operate or contract for) the operation of a permanent statewide residential education facility (instead of statewide service center), known as the Philip J. Rock Center and School. Provides that the State Board of Education shall include a line item in its budget to pay the costs of operating and maintaining the Philip J. Rock Center and School. Limits the specified services provided by the Philip J. Rock Center and School to eligible deaf-blind persons of all ages to being subject to appropriated funding for those specified services. Makes changes concerning provided services. Provides that for the purposes of employment, the Philip J. Rock Center and School shall be considered its own employer. Provides that the State Board of Education shall appoint a Chief Administrator of the Philip J. Rock Center and School who shall be employed by the Philip J. Rock Center and School. Specifies the duties of the Chief Administrator. Sets forth provisions concerning a student with an individualized education program at the Philip J. Rock Center and School. Makes changes concerning the Advisory Board for the Philip J. Rock Center and School. Makes other changes.
Senate Health and Human Services Committee
March 12, 2024, 4:00 p.m.
Capitol Building, Room 400
Springfield, IL
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 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 Judiciary Committee
March 12, 2024, 2:00 p.m.
Capitol Building, Room 409
Springfield, IL
SB 2799, Senator Laura Fine
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.
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 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.
SB 3674, Senator Napoleon Harris, III
Amends the Civil Rights Remedies Restoration Act. Provides that nothing in the Act shall be interpreted to limit, modify, supersede, expand, or create any right, remedy, or any enforcement authority available under the Illinois Human Rights Act or other applicable local, State, or federal law affecting employment or any prospective employment relationship. Effective immediately.
Senate Insurance Committee
March 12, 2024, 5:30 p.m.
Capitol Building, Room 400
Springfield, IL
SB 2671, Senator Laura M. 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.
SB 2896, Senator Karina Villa
Amends the Illinois Insurance Code. Provides that the amendatory Act may be referred to as the Strengthening Mental Health and Substance Use Parity Act. Provides that a group or individual policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2025, or any third-party administrator administering the behavioral health benefits for the insurer, shall cover all out-of-network medically necessary mental health and substance use benefits and services (inpatient and outpatient) as if they were in-network for purposes of cost sharing for the insured. Provides that the insured has the right to select the provider or facility of their choice and the modality, whether the care is provided via in-person visit or telehealth, for medically necessary care. Sets forth minimum reimbursement rates for certain behavioral health benefits. Sets forth provisions concerning responsibility for compliance with parity requirements; coverage and payment for multiple covered mental health and substance use services, mental health or substance use services provided under the supervision of a licensed mental health or substance treatment provider, and 60-minute individual psychotherapy; timely credentialing of mental health and substance use providers; Department of Insurance enforcement and rulemaking; civil penalties; and other matters. Amends the Illinois Administrative Procedure Act to authorize emergency rulemaking. Effective immediately.
SB 3281, Senator Sara Feigenholtz
Amends the State Employees Group Insurance Act of 1971. Provides that if a prescription drug approved by the federal Food and Drug Administration for the treatment of a mental illness is removed or substituted on the drug formulary and that prescription drug has been prescribed to an employee, retired employee, annuitant, or beneficiary covered under the Act and has been successfully treating the employee, retired employee, annuitant, or beneficiary for 6 or more months, the program of health benefits shall continue to provide coverage to that individual for that prescription drug as though the prescription drug had not been removed or substituted on the drug formulary.
SB 3732, Senator Karina Villa
Amends the Prior Authorization Reform Act. Provides that the Act applies to the program of group health benefits under the State Employees Group Insurance Act of 1971. Provides that a health insurance issuer shall not require prior authorization: where a medication is prescribed for a chronic condition, long-term condition, or mental health condition, has been prescribed for 6 months or more, or is a treatment for the clinical indication as supported by peer-reviewed medical publications; or for patients currently managed with an established treatment regimen. Removes language requiring a health insurance issuer to periodically review its prior authorization requirements and consider removal of prior authorization requirements under certain circumstances. Makes a conforming change. Effective July 1, 2024.
SB 3741, Senator Julie A. Morrison
Amends the Illinois Insurance Code. In provisions prohibiting certain individual or group health benefit plans from imposing prior authorization requirements on medications prescribed or administered for the treatment of substance use disorder, provides that the prohibition includes limitations on dosage. Makes similar changes in the Medical Assistance Article of the Illinois Public Aid Code. Effective immediately.
Senate Appropriations-Health and Human Services Committee
March 13, 2024, 5:30 p.m.
Capitol Building, Room 212
Springfield, IL
SUBJECT MATTER: SB 3871 Illinois Council on Developmental Disabilities, SB 3863 Deaf and Hard of Hearing Commission, SB 3871, SB 3863
- To file an electronic witness slip for the subject matter hearing: Click
NOTE: If you wish to take any action regarding any of these bills/issues, you may wish to file an electronic witness slip and/or or submit oral or written testimony to the committee holding the hearing and/or contact the members of the committee conducting the hearing and/or the legislators in your home district. The names, addresses, and telephone numbers of all legislators, both Representatives and Senators, can be found on the Illinois General Assembly website at: www.ilga.gov. You may check this website to find out if any of the committee hearing dates or times have been changed, which may happen upon very short notice.
For additional information, please contact:
Cheryl R. Jansen
Public Policy Director
cherylj2@equipforequality.org
217-303-8543
