LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITY
March 6, 2023
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 6, 2023. (NOTE: March 10, 2023 is the deadline to get substantive bills out of committee in the house of origin).
House Adoption & Child Welfare Committee
March 7, 2023, 2:00 p.m.
Room 122B, Capitol Building
Springfield, IL
HB 1008, Representative Mary E. Flowers
Amends the Administration of Psychotropic Medications to Children Act. Requires the Department of Children and Family Services to maintain a record of certain information for every youth in care prescribed or provided psychotropic medication, including, but not limited to: (1) a list of the prescribed psychotropic medications; (2) the consent date for each prescribed psychotropic medication; and (3) the date the youth assented for each prescribed psychotropic medication. Requires the Department to collect all necessary information to complete its required annual report to the General Assembly and to use the information to analyze prescribing patterns by population for youth for whom the Department is legally responsible (DCFS youth). Requires the Department to ensure that on an annual basis all persons licensed to practice medicine who prescribe psychotropic medication to DCFS youth are provided with comprehensive up-to-date medical guidelines regarding the prescribing of such medications. Requires the Department to include in its annual report to the General Assembly information on the total number of requests the Department received requesting consent to provide psychotropic medication to DCFS youth and the total number of these requests that the Department denied; and other specified data. Requires the Department to post the annual report on its website. Provides that the Department of Financial and Professional Regulation may take certain disciplinary or non-disciplinary actions against any person issued a license or permit under the Act who commits 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.
HB 2832, Representative Lindsey LaPointe
Amends the Children and Family Services Act. Provides that the Department of Children and Family Services, in conjunction with the Department of Human Services, shall develop a comprehensive list of children and youth under the age of 18 who are diagnosed with intellectual and developmental disabilities or with a mental illness and are referred to a children’s group home, an Illinois public school, a therapeutic day school, or a private in-state or out-of-state residential program or hospital due to their need for behavioral health services and supports. Requires the Department to work in conjunction with other specified agencies to track the referrals, monitor any possible overlap between agencies, track funding streams, track the number of available facilities, staff, and beds, and establish clear processes and memoranda of understanding for the exchange of this information. Requires the Department to establish a Short-Term Stabilization Home Model for children and youth under the age of 18 who are diagnosed with intellectual and developmental disabilities or with a mental illness and are receiving services under any home and community-based services waiver program authorized under the Social Security Act. Contains provisions concerning staffing requirements at each short-term stabilization home; referrals to the short-term stabilization homes; the established of a Transition to Adulthood Model that serves young adults from the age of 18 to the day before their 26th birthday; services provide under the Transition to Adulthood Model; and other matters. Effective July 1, 2023.
HB 2861, Representative Terra Costa Howard
Amends the Juvenile Court Act of 1987 concerning abused, neglected, and dependent minors. Provides that, within 30 (Instead of 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 of Children and Family Services shall prepare a written report for filing with the court and send copies of the report to all parties (rather “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, or as soon thereafter as the court’s schedule allows but not more than 60 days from the date of placement, 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.
HB 3265, Representative Jay Hoffman
Amends the Children and Family Services Act. Provides that, subject to appropriation, the Department of Children and Family Services shall establish and administer a 5-year Equine Therapy Pilot Program to provide grants to organizations that provide equine therapy to foster children who have been abused or neglected and have been diagnosed with a developmental disability or a mental health condition. Provides that organizations eligible to participate in the pilot program must be certified by the Professional Association of Therapeutic Horsemanship International. Provides that the Department may adopt any rules necessary to implement the pilot program, including, but not limited to, rules on additional eligibility and application requirements for organizations seeking to participate in the pilot program and any additional eligibility requirements for foster children interested in equine therapy.
House Ethics and Elections Committee
March 7, 2023, 2:00 p.m.
Room 413, Stratton Building
Springfield, IL
HB 996, Representative Sue Scherer
Amends the Election Code. Provides that, before the 2024 general primary election, each election authority shall designate at least one telephone number that can be used by a person with a disability, a person with an infant, or a person who is age 80 or older to call and request that voting assistance be provided in the polling place’s parking lot or parking spaces (in-vehicle assisted voting) and that can also be used by any person to report an individual who is acting in an intimidating or unlawful manner inside or outside of the polling place. Provides that the election authority may also designate a SMS text message number that may be used for the same purposes. Includes provisions relating to posting of the telephone number and SMS text message number at each polling place and on a voter registration card. Provides that, before the 2024 general primary election, each election authority must establish procedures for in-vehicle assisted voting on election day. Includes details on implementation of the in-vehicle assisted voting. Provides that the State Board of Elections may adopt rules to implement the provisions, and provides that the State Board of Elections shall create an affidavit for use by persons using in-vehicle assisted voting. Makes other changes. Effective immediately.
HB 3032, Representative Maurice West, II
Amends the Election Code. Provides that voting by physically incapacitated electors
who have made proper application to the election authority not later than 5 days before the regular primary and general election shall be conducted either through vote by mail procedures or on specified premises (rather than only on specified premises). Effective Immediately.
HB 3063, Representative Kevin John Olickal
Amends the Election Code. Provides that a vote center location established by the election authority shall be compliant with the federal Voting Accessibility for the Elderly and Handicapped Act of 1984. Provides that any voter with a temporary or permanent disability who, because of structural features of the building in which the polling place is located, is unable to access or enter the polling place shall be informed of the nearest accessible vote center. Removes provisions concerning an exception to the requirement that all polling places shall be accessible to voters with disabilities and elderly voters and each polling place shall include at least one voting booth that is wheelchair accessible. In provisions concerning vote centers, changes the repeal date from July 1, 2023 to July 1, 2024. Effective immediately.
House Insurance Committee
March 7, 2023, 2:00 p.m.
Room C-1, Stratton Building
Springfield, IL
HB 2443, Representative Sharon Chung
Amends the Illinois Insurance Code. Provides that an individual or group 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 must provide coverage for medically necessary hearing instruments and related services for all individuals (rather than all individuals under the age of 18) when a hearing care professional prescribes a hearing instrument to augment communication. Makes conforming changes, including repealing provisions concerning optional coverage or optional reimbursement for hearing instruments and related services. Effective January 1, 2025.
House Consumer Protection Committee
March 7, 2023, 5:00 p.m.
Room 118, Capitol Building, Virtual Room 1, www.ilga.gov
Springfield, IL
HB 3602, Representative Michelle Mussman
Creates the Powered Wheelchair Right to Repair Act. Provides that, for powered wheelchairs and parts for powered wheelchairs sold or used in the State, an original equipment manufacturer shall make available to an independent repair provider, solely for the purpose of repairing powered wheelchairs, on fair and reasonable terms, any documentation, parts, service access methods, and tools, including, but not limited to, any updates to information, firmware, or embedded software that is needed for purposes of repair of powered wheelchairs and training courses and materials on the operation, inspection, diagnosis, maintenance, and repair of powered wheelchairs. Provides that a violation of any of the provisions of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides for penalties. Provides that nothing in the Act shall require an original equipment manufacturer to divulge a trade secret to an independent repair provider. Amends the Consumer Fraud and Deceptive Business Practices Act making a conforming change. Effective January 1, 2024.
House Elementary & Secondary Education: School Curriculum & Policies Committee
March 8, 2023, 8:00 a.m.
Room C-1, Stratton Building
and
March 9, 2023, 12:00 p.m.
Room 118, Capitol Building, Virtual Room 2, www.ilga.gov
Springfield, IL
HB 1107, Representative Maurice A. West, II
Amends the School Code. Requires a school district to develop and implement a plan to provide additional instructional services, support, or special accommodations to students who suffer from trauma related to experiencing the death of a sibling, parent, guardian, or household member by suicide or homicide or suffer from trauma caused by domestic violence or abuse and whom the school has determined require additional instructional services, support, or special accommodations but do not qualify for an individualized education program or for services under Section 504 of the federal Rehabilitation Act of 1973. Sets forth what the plan may include. Provides that the plan shall remain in place until the student (i) is no longer enrolled in the district or (ii) has made such significant and sustained academic progress that the student no longer requires the plan. In provisions relating to children with disabilities, provides that beginning with the 2023-2024 school year, the notice that a school board provides concerning who qualifies for services under Section 504 shall include that a child may qualify for those services if the child is a student who is at least 3 years old or older and under 22 years and who (i) has experienced the death of a sibling, parent, guardian, or household member by suicide or homicide or (ii) suffers from trauma caused by domestic violence or abuse. Effective immediately.
HB 1243, Representative Jonathan Carroll
Amends the Course of Study Article of the School Code. Requires each public school to provide a separate course of study on mental health that instructs students on how to recognize the signs of anxiety, depression, and other forms of mental illness. Provides that all students in grades kindergarten through 12 must take the course each school year, beginning with the 2024-2025 school year. Provides that the course length must be at least one semester or its equivalent but that the school board shall determine the minimum amount of instructional time required for the course. Requires the State Board of Education to prepare and make available to school boards resource materials on mental illness that must be used as guidelines for the development of the course.
HB 3224, Representative Lindsey LaPointe
Amends the Children with Disabilities Article of the School Code. Provides that, as part of transition planning, a school district shall provide a student and the parent or guardian of the student (instead of just the student) with information about the district’s career and technical education opportunities. Provides that a student and the parent or guardian of the student shall be provided with information about dual credit courses offered by the school district. Provides that if the student is enrolled in a dual credit course for dual credit or for high school credit only, the student’s participation in the course shall be included as part of the student’s transition Individualized Education Program activities. Effective immediately.
HB 3449, Representative Matt Hanson
Amends the Children’s Mental Health Act of 2003. In a provision requiring the Illinois State Board of Education to develop and implement a plan to incorporate social and emotional development standards for the purpose of enhancing and measuring children’s school readiness and ability to achieve academic success, provides that the plan shall be reviewed and revised periodically by the Board of Education at least once every 3 years. Requires the plan to include the teaching of grade-appropriate mental health topics, including, but not limited to, types of mental illness, how to find help for mental illness for peers and yourself, suicide prevention, substance abuse prevention, coping strategies, appropriate language to use surrounding mental health, and how to incorporate technology in a mental health crisis. In a provision requiring every Illinois school district to develop a policy for incorporating social and emotional development into the district’s educational program, provides that the policy shall be reviewed and revised periodically by the school district to incorporate revised provisions of the Board of Education’s social and emotional development standards.
HB 3643, 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 academic year, the IEP team shall consider voter registration as an appropriate goal or competency to be included in the IEP plan, and, if appropriate, when and how voter registration shall be accomplished. Provides that any resulting decisions shall be included in the IEP plan.
HB 3679, Representative Harry Benton
Amends the Children with Disabilities Article of the School Code. Provides that in the development of the individualized education program for a student, if during the initial development of the individualized education program is recognized that the student’s needs are unlikely to change, the individualized education program shall continue without the need for the student’s IEP team to meet until either the student or the parent requests a change in the student’s individualized education program.
HB 3680, Representative Harry Benton
Amends the Children with Disabilities Article of the School Code. Provides that in the development of the individualized education program for a student, if the student needs extra accommodation during emergencies, including natural disasters or an active shooter situation, then that accommodation shall be taken into account when developing a student’s IEP plan.
HB 3681, Representative Harry Benton
Amends the State Board of Education Article of the School Code. Requires the State
Board of Education to create an Equity for Autistic Students Commission to research, recommend, and review policies that affect autistic students to ensure fair access to resources, therapies, education, and equity with a focused lens on historically marginalized groups. Provides that the Commission shall review different therapies and practices used or recommended for autistic students and, with the help of experts appointed to the Commission, decide if those therapies and practices are still the best therapies and practices. Provides that the Commission shall consist of members appointed by the State Board of Education and shall include experts in the field of autism in children and students. Provides that at least one member appointed to the Commission by the State Board of Education shall have autism. Provides that the State Board of Education shall provide administrative assistance and necessary staff support services. Provides for meetings and reporting.
HB 3862, Representative Harry Benton
Amends the Children with Disabilities Article of the School Code. Provides that school boards shall ensure that the Individualized Education Program process is transparent for all students and the families of students. Provides that school boards shall adopt a policy to ensure equitable and clear access to the Individualized Education Program process.
House Human Services Committee
March 8, 2023, 8:00 a.m.
Room D-1, Stratton Building
Springfield, IL
HB 1298, 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 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.
HB 2860, Representative Katie Stuart
Amends the Adult Protective Services Act. Provides that any person may report information about the suspicious death of an eligible adult to an agency designated to receive such reports or to the Department on Aging. Provides that if a mandated reporter has reason to believe that the death of an eligible adult is the result of abuse or neglect, the matter shall be reported to the agency designated to receive such reports or to the Department for subsequent referral to the appropriate law enforcement agency and coroner or medical examiner. Prohibits employers from discriminating against any employee who makes a good faith oral or written report concerning information about the suspicious death of an eligible adult. Contains provisions concerning the required testimony of a mandated reporter at an administrative hearing concerning the suspicious death of an eligible adult; the referral of evidence to the appropriate law enforcement agency; access to records concerning reports of suspicious deaths due to abuse, neglect, or financial exploitation; and other matters. Makes changes to the definitions of “abuse”, “abuser”, and “mandated reporter”. Defines “investment advisor”. Effective January 1, 2024.
HB 2998, Representative Charles Meier
Amends the Assisted Living and Shared Housing Act. Directs the Department of Public Health to study current and potential uses of electronic monitoring and recording for the purpose of preventing and identifying abuse and neglect within assisted living establishments. Requires the Department to report its findings to the General Assembly and Governor. Provides that, if the Department determines, after conducting its study, that the benefits of monitoring within assisted living establishments outweigh the costs of that monitoring, then the Department may adopt rules requiring the installation and use of electronic monitoring and recording within assisted living establishments.
HB 3714, Representative Aaron Ortiz
Amends the Language Assistance Services Act. Provides for the use and availability of qualified medical interpreters (rather than interpreters) in health facilities. Defines “qualified medical interpreters”. Provides that employees of a health facility have the right to use a qualified medical interpreter for their own communication with a limited English proficient patient if a conversation between the limited English proficient patient and the employee would be jeopardized by the use of a volunteer interpreter. Requires the facility to annually transmit to the Department of Public Health a copy of the updated policy regarding language assistance services and to include a description of the facility’s process to ensure adequate and speedy communication between staff and patients with language or communication barriers. Provides that facilities must prepare and maintain a list of contact information for American Sign Language (ASL) interpreter providers or individuals who have been identified as being proficient in sign language, as well as a list of the languages of the population of the geographical area served by the facility. Removes language allowing facilities to consider providing its nonbilingual staff with standardized picture and phrase sheets for use in routine communications with patients who have language or communication barriers. Makes other changes.
HB 3716, Representative Anna Moeller
Amends the Nursing Home Care Act. Requires the Department of Human Services to establish a New Directions for Nursing Home Resident Care Task Force to develop a 5-year plan to deinstitutionalize individuals who require long-term care consistent with the federal requirements of community integration. Provides that the Task Force shall create a plan so that every nursing-home eligible individual who can be cared for in the community at the same or lesser cost than the individual’s care in a nursing home has programs available to allow them to choose such community care. Provides that the Task Force shall also identify the costs and service needs related to expanding the Task Force’s plan to include that part of the nursing facility population that would be more expensive to house in the community. Provides for membership, compensation, and administrative support of the Task Force. Provides that the Department of Human Services shall constitute the Task Force no later than 3 months after the effective date of the amendatory Act. Provides that within 6 months of the effective date of the amendatory Act, the Task Force shall create a proposal for providing housing assistance payments to individuals receiving benefits under Title XVI of the federal Social Security Act who are facing placement in a facility or are unable to leave such a facility unless the individuals’ have access to such a housing subsidy.
House Judiciary-Civil Committee
March 8, 2023, 8:00 a.m.
Room C-1, Stratton Building, Virtual Room 1, www.ilga.gov
and
March 9, 2023, 9:00 a.m.
Room 118, Capitol Building
Springfield, IL
HB 1391, Representative Anna Moeller
Amends the Guardianship and Advocacy Act. Provides that the guardianship training program shall include content regarding Alzheimer’s disease and dementia. Amends the Probate Act of 1975. Requires a public guardian to complete a one-hour course on Alzheimer’s disease and dementia within 6 months of appointment and annually thereafter.
House Elementary & Secondary Education: Administration
Licensing & Charter Schools Committee
March 8, 2023, 2:00 p.m.
Room 115, Capitol Building
Springfield, IL
HB 1124, Representative Michelle Mussman
Amends the School Code. Provides that the dyslexia handbook developed by the State Board of Education shall include guidelines on the administration of a universal screener and dyslexia screening, the interpretation of data from these screeners, and the resulting appropriate instruction within a multi-tiered system of support framework. Provides that the State Board of Education shall adopt any rules necessary to ensure that a student will be screened for the risk factors of dyslexia using a universal screener. Sets forth which students are required to be screened. Provides that no later than January 1, 2024, the State Board of Education shall employ at least 5 dyslexia specialists or dyslexia therapists with a minimum of 5 years of field experience in screening, identifying, and treating dyslexia and related disorders. Provides that beginning with the 2023-2024 school year, each school district must screen students in grades kindergarten through 2 for the risk factors of dyslexia using a universal screener approved by the State Board of Education. Provides that if a student is determined to be either at risk or at some risk for dyslexia after the universal screener has been administered, the school district must administer a dyslexia screening of the student. Provides that if a student’s dyslexia screening indicates that the student has characteristics of dyslexia, the dyslexia intervention services provided to the student must utilize a structured literacy approach as outlined in the State Board of Education’s handbook. Makes other changes.
House State Government Administration Committee
March 8, 2023, 2:00 p.m.
Room 118, Capitol Building
Springfield, IL
HB 3811, Representative Kelly M. Burke
Amends the State Treasurer Act. Provides that any entity may make contributions to an ABLE account. Makes changes concerning privacy of ABLE account information. Provides that the ABLE Account Program may also be referred to as the Senator Scott Bennett ABLE Program. Effective immediately.
House Appropriations-Public Safety Committee
March 8, 2023, 4:00 p.m.
Room C-1, Stratton Building
Springfield, IL
HB 2291, Representative Marcus C. Evans, Jr.
Appropriates $10,000,000 from the General Revenue Fund to the Department of Human Services for grants distributed under the Access to Justice Grant Program to the Westside Justice Center and the Resurrection Project. Effective July 1, 2023.
HB 3397, Representative Lindsey LaPointe
Appropriates $25,000,000 from the General Revenue Fund to the Supreme Court to be distributed to counties for expenses for direct mental health services provided to individuals and families participating in mental health courts, or on standard adult and juvenile probation caseloads. Appropriates $9,000,000 from the General Revenue Fund to the Supreme Court for the establishment and maintenance of crisis intervention mental health care units for regional use and availability by probation departments for adults and juveniles in need of immediate care and placement. Effective July 1, 2023.
House Higher Education Committee
March 8, 2023, 4:00 p.m.
Room 122B, Capitol Building
Springfield, IL
HB 2157, Representative Gregg Johnson
Creates the Respond, Innovate, Succeed, and Empower Act. Requires a public institution of higher education to adopt a policy that makes certain documentation submitted by an enrolled or admitted student sufficient to establish that the student is an individual with a disability. Requires the policy to be transparent and explicit regarding information about the process by which the public institution of higher education determines eligibility for accommodations for an individual with a disability. Provides that each public institution of higher education shall disseminate such information to students, parents, and faculty in accessible formats and make the information readily available on a public website of the institution. Allows a public institution of higher education to establish less burdensome criteria to establish whether an enrolled or admitted student is an individual with a disability. Requires a public institution of higher education to engage in an interactive process to establish a reasonable accommodation for an individual pursuant to the federal Rehabilitation Act of 1973 and the federal Americans with Disabilities Act of 1990.
House Appropriations-Health & Human Services Committee
March 9, 2023, 8:00 a.m.
Room 114, Capitol Building, Virtual Room 2, www.ilga.gov
Springfield, IL
SUBJECT MATTER: DHHC, DOA, DCFS
- To file an electronic witness slip for the subject matter hearing: Click
HB 23, Representative LaShawn K. Ford
Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to conduct a study on managed care pharmacy access standards. Provides that the study shall review the current access standards, with a focus on disproportionately impacted areas. Requires the Department to seek input from consumers of pharmacy services. Requires the Department to report its findings to the Governor and the General Assembly by January 1, 2024 and to publish the report on the Department’s website. Provides that any retail pharmacy that is enrolled as an eligible retail pharmacy provider in the medical assistance program and is not sanctioned under investigation for fraud, waste, or abuse shall provide retail pharmacy services to any medical assistance recipient who resides in the same zip code as the pharmacy, regardless of whether the retail pharmacy is contracted to provide pharmacy services for the managed care organization that the recipient is enrolled with. Requires the managed care organization to pay the retail pharmacy the managed care organization’s standard contractual rate. Effective immediately.
HB 1029, Representative Mary E. Flowers
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall transition pharmacy services for managed care enrollees from the State’s managed care medical assistance program back to the State’s traditional fee-for-service program, thereby assuming direct responsibility for all pharmacy services provided under the Article. Provides that the transition back to a fee-for-service reimbursement model for pharmacy services shall be implemented by the Department upon the expiration of any managed care contracts the Department has with managed care organizations on the effective date of the amendatory Act. Provides that, to ensure managed care enrollees do not experience an interruption in pharmacy services during the transition from managed care to fee-for-service coverage, the Department must, at a minimum, do the following: add an additional pharmacist to its staff; stress-test its existing claims processing system; increase its capacity for prior authorizations; and educate the public and its help desk staff about the change in coverage for pharmacy services. Grants the Department rulemaking authority. Repeals a provision that permits the Department to enter into a contract with a third party on a fee-for-service reimbursement model for the purpose of administering pharmacy benefits for recipients not enrolled in a Medicaid managed care organization. Effective immediately.
HB 1044, Representative Mary E. Flowers
Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services, in collaboration with the Department of Human Services, to update its eligibility verification and enrollment processing system to allow for the automatic enrollment of all eligible uninsured childless adults into the medical assistance program. Provides that under the updated processing system, hospitals, community-based organizations, and other entities approved by the Departments shall be authorized to screen and identify for medical assistance uninsured childless adults aged 19 or older, but younger than 65, who otherwise meet the eligibility requirements for medical assistance. Provides that a hospital, community-based organization, or other approved entity shall inform a Medicaid-eligible uninsured childless adult that the adult is presumptively eligible for medical assistance and offer to submit an electronic application for medical assistance on the adult’s behalf. Requires the electronic application to be no longer than 2 pages in length as prescribed by the Department of Human Services. Requires the Department of Human Services to designate staff to receive and review completed electronic applications for medical assistance from hospitals, community-based organizations, or other approved entities. Requires the designated staff to verify, as soon as practical, the uninsured childless adult’s eligibility for medical assistance based on the information provided in the adult’s completed electronic application and without requesting additional information or attestations from the uninsured childless adult. Provides that the uninsured childless adult shall be enrolled in the medical assistance program upon verification of eligibility. Grants the Departments rulemaking authority. Requires the Department of Healthcare and Family Services to apply for any federal waivers or approvals necessary to implement the amendatory Act. Provides that implementation is subject to federal approval.
HB 1099, Representative Mary E. Flowers
Creates the Children’s Mental Health Local Collaborative Transformation 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 juvenile 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. Effective January 1, 2024.
HB 1222, Representative Maurice A. West, II
Creates the Home Modification Program Act. Provides that the purpose of the Act is to establish a home modification funding system that is streamlined, effective, and administered by experts within the disability community. Provides that, subject to appropriation, the Department of Human Services shall establish a Home Modification Program to provide financial assistance to persons with disabilities for home modification projects. Requires the Department to designate a statewide association that represents centers for independent living to serve as the lead agency to administer the Program. Requires the Department to provide funding for the Program. Requires the lead agency to distribute any moneys it receives from the Department to the State’s 22 centers for independent living, covering all 102 counties. Provides that the lead agency shall ensure that each center for independent living has access to at least $105,000 to use for home modification projects, with the excess funds subject to reallocation during the 4th fiscal quarter of each year. Contains provisions concerning eligibility requirements for applicants under the Program; standards and qualifications for home modification projects; the lead agency’s establishment of a Home Modification Subcommittee to provide additional oversight of the home modification projects; and an administrative fee to the lead agency.
HB 1438, Representative Maurice A. West, II
Appropriates $7,500,000 from the General Revenue Fund to the Department of Human Services for the purpose of making a grant to the Illinois Network of Centers for Independent Living to administer and implement the Home Modification Program. Effective July 1, 2023.
HB 2080, Representative Anna Stava Murray
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that subject to federal approval, on and after July 1, 2023, the reimbursement rates paid to providers of private duty nursing services for medically fragile and technology dependent children shall be 40% higher than the reimbursement rates in effect for nursing services on June 30, 2023. Effective July 1, 2023.
HB 2173, Representative Robyn Gabel
Amends the Rebuild Illinois Mental Health Workforce Act. In a provision concerning Medicaid funding for community mental health services, sets forth rate increases, to begin on and after January 1, 2024, for the following rates and services: the Mobile Crisis Response Medicaid Payment rate for all services provided under the S9484 procedure code; the Crisis Intervention Medicaid Payment rate for all levels of services provided under the H2011 procedure code; the Integrated Assessment and Treatment Planning Medicaid Payment rate for all levels of services provided under the H2000 procedure code; the Group and Family Therapy Medicaid Payment rate for all levels of services provided under the H0004 procedure code; the Community Support – Group Medicaid Payment rate for all levels of services provided under the H2015 procedure code; the Telepsychiatry Originating Site Medicaid Payment rate for services provided under the Q3014 procedure code; and the Medication Monitoring Medicaid Payment rate for services provided under the H2010 procedure code for medication monitoring provided by a physician, an advanced practice registered nurse, and all other levels of provider. Provides that no base Medicaid rate payment or any other payment for the provision of Medicaid community mental health services in place on January 1, 2023 shall be diminished or changed to make the reimbursement changes required by the amendatory Act. Provides that any payments required under the amendatory Act that are delayed due to implementation challenges or federal approval shall be made retroactive to January 1, 2024 for the full amount required by the amendatory Act.
HB 2370, Representative Robyn Gabel
Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision concerning the tiered exceptional care per diem rates for medically complex for the developmentally disabled facilities, provides that on and after January 1, 2024, each tier rate shall be increased 6% over the amount in effect December 31, 2023. Provides that any reimbursement increases applied to the base rate to providers licensed under the ID/DD Community Care Act must also be applied in an equivalent manner to each tier of exceptional care per diem rates for medically complex for the developmentally disabled facilities. Effective immediately.
HB 2373, Representative Natalie A. Manley
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that treatment for a hoarding disorder as defined in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), shall be covered under the medical assistance program for persons who are otherwise eligible for medical assistance.
HB 2388, Representative Lindsey LaPointe
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, on and after July 1, 2023, all non-controlled FDA-approved prescription medications for the treatment of a serious mental illness shall be covered under the medical assistance program for persons otherwise eligible for medical assistance who are diagnosed with a mental disorder that meets criteria established in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) and which is the focus of the treatment provided, including, but not limited to, schizophrenia, schizo-affective disorders, bipolar disorders, or major depression. Exempts medications covered under the amendatory Act from any prior authorization or lifetime restriction limit mandate. Provides that, for any covered medication that contains an opioid antagonist, the prescriber shall check the Illinois Prescription Monitoring Program to determine if the patient is being actively prescribed an opioid. Requires a prescriber of any medication covered under the amendatory Act to be a board-certified psychiatrist or a medical professional with prescribing authority that routinely treats patients with a serious mental illness. Effective July 1, 2023.
HB 2456, Representative Lindsey LaPointe
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that for the purpose of removing barriers to the timely treatment of serious mental illnesses, prior authorization mandates and utilization management controls shall not be imposed under the fee-for-service and managed care medical assistance programs on any FDA-approved prescription drug that is recognized by a generally accepted standard medical reference as effective in the treatment of conditions specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. Provides that the following shall be permitted for prescription drugs covered under the amendatory Act: (i) clinically appropriate drug utilization review (DUR) edits, including, but not limited to, drug-to-drug, drug-age, and drug-dose; (ii) generic drug substitution if a generic drug is available for the prescribed medication in the same dosage and formulation; and (iii) any utilization management control that is necessary for the Department of Healthcare and Family Services to comply with any current consent decrees or federal waivers. Defines “serious mental illness”.
HB 2785, Representative Anna Moeller
Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to file an amendment to the Home and Community-Based Services Waiver Program for Adults with Developmental Disabilities authorized under the Social Security Act to incorporate telehealth services administered by a provider of telehealth services that demonstrates knowledge and experience in providing medical and emergency services for persons with intellectual and developmental disabilities. Requires the Department to pay administrative fees associated with implementing telehealth services for all persons with intellectual and developmental disabilities who are receiving services under the Home and Community-Based Services Waiver Program for Adults with Developmental Disabilities. Effective July 1, 2023.
HB 2811, Representative Gregg Johnson
Amends the Substance Use Disorder Act. Requires the Department of Human Services
to establish a Behavioral Health Receiving Center Grant Pilot Program to award a grant to one or more counties to develop and implement a behavioral health receiving center. Requires the Department to issue a request for proposals no later than July 1, 2023 and to award all grants before December 31, 2023. Prohibits the use of the grant to purchase land for the behavioral health receiving center. Provides that the purpose of the behavioral health receiving center project is to increase access to mental health crisis services for individuals who are experiencing a mental health crisis; and to reduce the number of individuals who are incarcerated or in a hospital emergency room while experiencing a mental health crisis. Requires a grant application to contain certain information including the population to which the behavioral health receiving center will serve, the type of mental health services that will be provided, and the cost of the proposed project. Requires the Department to report to certain House and Senate committees before June 30, 2024 regarding each county awarded a grant and the details of each project. Requires the Department to report to the committees before June 30, 2026 regarding certain data and recommendations for the future use of mental health crisis services in behavioral health receiving centers. Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to apply, no later than July 1, 2023, for a federal waiver or Title XIX State Plan amendment to provide reimbursement through a bundled daily rate for crisis management services that are delivered to an individual during the individual’s stay at a behavioral health receiving center. Effective immediately.
HB 3049, Representative Theresa Mah
Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to develop policies and procedures with the goal of increasing the capacity of behavioral health services provided by federally qualified health centers. Requires the Department to develop, no later than July 1, 2023, billing policies that provide reimbursement to federally qualified health centers for services rendered by graduate-level, sub-clinical behavioral health professionals who deliver care under the supervision of a fully licensed behavioral health clinician who is licensed as a clinical social worker, clinical professional counselor, marriage and family therapist, or clinical psychologist. Provides that to be eligible for reimbursement, a graduate-level, sub-clinical professional must meet the educational requirements set forth by the Department of Financial and Professional Regulation for licensed clinical social workers, licensed clinical professional counselors, licensed marriage and family therapists, or licensed clinical psychologists. Provides that an individual seeking to fulfill post-degree experience requirements in order to qualify for licensing as a clinical social worker, clinical professional counselor, marriage and family therapist, or clinical psychologist shall also be eligible for reimbursement so long as the individual complies with certain requirements. Requires the Department to work with a trade association representing a majority of federally qualified health centers operating in Illinois to develop the policies and procedures required under the amendatory Act. Effective immediately.
HB 3193, Representative Tom Weber
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, for a person who resides in a facility licensed under the Nursing Home Care Act and who is determined to be eligible for medical assistance, the monthly personal needs allowance shall be $60.
HB 3444, Representative Suzanne M. Ness
Amends the Community-Integrated Living Arrangements Licensure and Certification
Act. Provides that the Division of Developmental Disabilities of the Department of Human Services shall continue, in cases of medically required absences from a community integrated living arrangement, to provide 50% of the per diem reimbursement to providers while the community integrated living arrangement holds the vacancy for the absent resident. Provides that the absent resident shall be able to return to the community integrated living arrangement when the resident is medically able to return. Defines “medically required absences”.
HB 3361, Representative Ryan Spain
Amends the School Code. Requires the State Board of Education to establish a School-Based Mental Health Services Grant Program to award grants to schools for the purpose of providing supplemental mental health services to students, in addition to services provided by the employees of a school. Sets forth provisions concerning Program requirements, grant applications, awards, requirements, funding, and reporting. Provides for guidelines and rulemaking. Effective immediately.
HB 3398, Representative Lakesia Collins
Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services to establish reimbursement rates that build toward livable wages for front-line personnel in residential and day programs and service coordination agencies serving persons with intellectual and developmental disabilities. Provides that for community-based providers serving persons with intellectual or developmental disabilities, subject to federal approval, the rates taking effect for services delivered on or after July 1, 2023 shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in effect on June 30, 2023 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor’s average wage as defined, by rule, by the Department. Amends the Illinois Public Aid Code. Provides that for ID/DD facilities and MC/DD facilities, the rates taking effect for services delivered on or after July 1, 2023, shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in effect on June 30, 2023 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor’s average wage as defined, by rule, by the Department. Requires the same increase for front-line personnel employed at community-based providers serving persons with intellectual or developmental disabilities. Amends the Illinois Administrative Procedure Act. Grants the Departments of Human Services and Healthcare and Family Services emergency rulemaking authority. Effective immediately.
HB 3629, Representative Anna Moeller
Amends the Nursing Home Care Act. Creates the Transition and Emergency Home Services Article. Provides that within 4 months after the effective date of the amendatory Act, the Department of Human Services shall create a program to provide nursing services and assistance with activities of daily living sufficient to allow individuals who otherwise qualify for placement in a nursing facility to receive short-term services in the community. Provides that the short-term services shall cover both: (1) emergency home services for individuals currently receiving home services who experience a temporary need for a substitute personal assistant because of the unavailability of their other home services providers; and (2) short-term services to bridge periods between release from medical or institutional settings and establishment of long-term home services under a State waiver or other arrangements that allow the individual to live in the community. Provides that a person receiving benefits under Title XVI of the Social Security Act and residing in a facility, shall receive a personal needs allowance of $90 per monthly, with the Department providing $60 per month in addition to the amount required under Title XVI of the Social Security Act. Provides that facility owners, management, and employees are prohibited from retaliating against facility residents or employees who complain about facility services, including the facility’s physical condition, medical care, social supports and services, access to visitation and time outside the facility, and any other attribute connected to a resident’s experience of living in a facility. Makes other changes.
HB 3698, Representative Camille Y. Lilly
Amends the Developmental Disability and Mental Disability Services Act. Requires the Department of Human Services to establish family centers throughout the State to provide counseling and mental health services to families who are indigent based on any behavior or mental health condition as determined by Department rule. Provides that the Department shall employ or contract with psychiatrists, clinical psychologists, clinical social workers, and licensed marriage and family therapists to provide those services.
HB 3899, Representative Nabeela Syed
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the treatment of autism spectrum disorder through applied behavior analysis shall be covered under the medical assistance program for children with a diagnosis of autism spectrum disorder when ordered by a certified, registered, or licensed health care professional with expertise in treating the effects of autism spectrum disorders when the care is determined to be medically necessary and ordered by a physician licensed to practice medicine in all its branches. Provides that certain treatment shall be covered, including, but not limited to, psychiatric, psychological, rehabilitative, and therapeutic care. Effective July 1, 2023.
HB 3900, Representative Lindsey LaPointe
Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services, in collaboration with the Department of Human Services’ Division of Mental Health, to allow for hospital presumptive eligibility for medical assistance for individuals presenting in hospital emergency rooms who are in a psychiatric crisis and meet the federal criteria for hospital presumptive eligibility. Requires the Department and the Division of Mental Health, with meaningful stakeholder input, to develop a process by which those individuals are referred to a community-based mental health provider, or any other appropriate organization, to facilitate enrollment in the medical assistance program immediately following hospital or emergency room discharge and a referral for community-based treatment. Provides that if the Department’s Illinois Continuity of Care and Administrative Simplification 1115 Waiver, which includes waiving the federal requirement of hospital presumptive eligibility for medical assistance, is required to be amended to implement the amendatory Act, then the Department shall amend the 1115 Waiver within 60 days after the effective date of the amendatory Act.
HB 3977, Representative Lindsey LaPointe
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that for purposes of preventing a potential mental health diagnosis when mental health symptoms are present and to enable early treatment, Therapy and Counseling – Brief Intervention Services (Code H0004 TF TL) shall be covered under the medical assistance program for children under 21, and for adults ages 21 and older, who are otherwise eligible for medical assistance. Provides that completion of an Integrated Assessment and Treatment Planning service shall not be required (given the short duration of services). Provides that, at a minimum, up to 8 clinical sessions not to exceed 90 minutes per session shall be permitted. Provides that such services shall be permitted to be delivered by a licensed practitioner of the healing arts; or a qualified mental health professional or mental health professional under the direction of a licensed practitioner of the healing arts. Sets forth certain billing codes that must be used when billing for therapy and counseling services. Requires the Department of Healthcare and Family Services to apply for federal approval if necessary. Grants the Department rulemaking authority. Effective immediately.
House Mental Health & Addiction Committee
March 9, 2023, 10:00 a.m.
Room C-1, Stratton Building
Springfield, IL
HB 2498, Representative Diane Blair-Sherlock
Amends the Illinois Insurance Code. Creates the Eating Disorder Treatment Parity Task Force within the Department of Insurance to review reimbursement to eating disorder treatment providers in Illinois as well as out-of-state providers of similar services. Provides for the membership of the Task Force. Provides that the Task Force shall elect a chairperson from its membership and shall have the authority to determine its meeting schedule, hearing schedule, and agendas. Provides that appointments shall be made within 60 days after the effective date of the amendatory Act. Provides that the Task Force shall review insurance plans and rates and provide recommendations for rules, and the findings, recommendations, and other information determined by the Task Force to be relevant shall be made available on the Department’s website. Provides that the Task Force shall submit findings and recommendations to the Director of Insurance, the Governor, and the General Assembly by December 31, 2023. Provides for repeal of the provisions on January 1, 2025. Effective immediately.
HB 2728, Representative Anna Moeller
Amends the Community Emergency Services and Support Act. Removes provisions
prohibiting responders from assisting in the involuntary commitment of an individual.
HB 2838, Representative Lindsey LaPointe
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that, beginning with the 2023-2024 academic year, the Department of Human Services shall establish and administer the Behavioral Health Scholarship Program for the purpose of incentivizing students to pursue degrees in a behavioral health discipline. Provides that the Department shall award financial assistance in the form of a scholarship to cover the cost of tuition, university fees, and books each year for a maximum of 4 years at a participating university if the applicant meets certain conditions. Sets forth rules, regulations, and other requirements for the Program. Provides that the Department shall establish the Employment Funding Grant Program to provide grants to qualified individuals who work for a community not-for-profit behavioral health agency or a federally qualified health center. Defines who is a qualified individual. Sets forth rules, regulations, and other requirements for the Program. Amends the State Finance Act to create the Behavioral Health Education Program Fund. Makes other changes.
HB 2847, Representative Lindsey LaPointe
Provides that the Act may be referred to as the Mental Health Equity Access and Prevention Act. Amends the Department of Public Health Powers and Duties Law. Provides that subject to appropriation, the Department of Public Health shall undertake a public educational campaign to bring broad public awareness to communities across the State on the importance of mental health and wellness. Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2025 shall cover all medically necessary out-of-network mental health visits, treatment, and services provided by a mental health provider or facility. 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 shall provide coverage for 2 annual mental health prevention and wellness visits for children and for adults. 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 shall not require the diagnosis of a mental, emotional, or nervous disorder or condition to establish medical necessity for mental health care, services, or treatment. Provides that the Department of Insurance shall contract with an independent third party with expertise in analyzing commercial insurance premiums and costs to perform an independent analysis of the impact of the coverage of services pursuant to the provisions has had on insurance premiums. Provides that the Department shall adopt any rules necessary to implement the provisions by no later than October 31, 2024. Makes other changes. Effective immediately.
HB 3230, Representative Lindsey LaPointe
Creates the Strengthening and Transforming Behavioral Health Crisis Care in Illinois Act. Requires the Department of Human Services, Division of Mental Health, to use an independent third-party expert to conduct a cost analysis and determine actuarially sound costs associated with developing and maintaining a statewide initiative for the coordination and delivery of the continuum of behavioral health crisis response services in the State, including crisis call centers, mobile crisis response team services, crisis receiving and stabilization centers, and other acute behavioral health services. Contains provisions concerning recommendations on multiple sources of funding that could potentially be utilized to support a sustainable and comprehensive continuum of behavioral health crisis response services; a behavioral health crisis workforce; an action plan; a stakeholder working group to develop recommendations to coordinate programming and strategies to support a cohesive behavioral health crisis response system; and other matters. Effective immediately.
HB 3417, Representative Justin Slaughter
Amends the Mental Health and Developmental Disabilities Code. Provides that the circuit court has jurisdiction over persons who are: (1) subject to involuntary admission on an inpatient basis; (2) subject to involuntary admission on an outpatient basis; or (3) in need of treatment by psychotropic medication and electroconvulsive therapy. Provides that no respondent who has pending felony charges may be ordered to undergo a program of hospitalization in a mental health facility operated by the Department of Human Services unless the Department agrees to the program of hospitalization.
HB 3728, Representative Jenn Ladisch Douglass
Amends the Mental Health and Developmental Disabilities Code. Provides for protections for a minor 11 years of age or younger who is admitted to a mental health facility for inpatient treatment. Provides a mental health facility that violates these provisions shall pay a civil penalty to the Department of Human Services.
HB 3937, Representative Cyril Nichols
Amends the Department of Human Services Act. Provides that the Department of Human Services shall direct the Illinois Mental Health Planning and Advisory Council to establish a framework and voluntary standard for mental health in the workplace that serves to reduce mental health stigma, increase public, employee, and employer awareness of recovery goals, and provide guidance to the Illinois employer community to put in place strategies and programs, as determined by the Illinois Mental Health Planning and Advisory Council, to support the mental health and wellness of employees in this State. Provides that the Illinois Mental Health Planning and Advisory Council shall consult with the Department of Labor to develop the standard.
House Restorative Justice Committee
March 9, 2023, 11:00 a.m.
Room D-1, Capitol Building
Springfield, IL
HB 3140, Representative Suzanne M. Ness
Creates the End Youth Solitary Confinement Act. Provides that the use of room confinement at a juvenile or correctional facility for discipline, punishment, retaliation, or any reason other than as a temporary response to a juvenile’s behavior that poses a serious and immediate risk of physical harm to any individual, including the juvenile, is prohibited. Provides that a covered juvenile (any person under 18 years of age incarcerated in a correctional facility, jail, or detention facility of any kind operated by the Department of Juvenile Justice, a county, or a municipality) may be placed on an administrative hold and confined when temporarily being housed in a particular juvenile detention center or for administrative or security purposes as personally determined by the chief administrative officer. Provides that whenever a covered juvenile is on an administrative hold, the Department shall provide the covered juvenile with access to the same programs and services received by covered juveniles in the general population. Provides that any restrictions on movement or access to programs and services shall be documented and justified by the chief administrative officer. Provides that if a covered juvenile poses a serious and immediate risk of physical harm to any individual, including the juvenile, before a staff member of the facility places a covered juvenile in room confinement, the staff member shall attempt to use other less restrictive options, unless attempting those options poses a threat to the safety or security of any minor or staff. Provides that if a covered juvenile is placed in room confinement because the covered juvenile poses a serious and immediate risk of physical harm to himself or herself, or to others, establishes when the covered juvenile shall be released. Defines terms.
HB 3933, Representative Janet Yang Rohr
Amends the Bill of Rights for Children. Provides that every juvenile for whom a delinquency petition has been filed and who is detained shall have access to mental health services and professionals. Provides that juvenile probation officers, employees of juvenile detention centers, employees of the Department of Juvenile Justice, and juvenile police officers shall receive specific training to address the mental health needs of juveniles. Provides that this training must include instruction in adolescent development, child trauma, adolescent behavioral health conditions, and specific techniques to be able to exercise trauma-informed mediation and de-escalation techniques. Provides that following the juvenile’s release from a juvenile detention center or custody, the juvenile must receive counseling, therapy, and job training to aid in the juvenile’s reentry into society. Provides that a parent, guardian, or legal custodian of a juvenile shall be informed of all mental health interventions and services utilized during the juvenile’s detention and available after detention. Defines “juvenile” as a delinquent minor as defined in the Juvenile Court Act of 1987 or a person who is the subject of a delinquency petition filed under that Act.
Senate Education Committee
March 7, 2023, 1:30 p.m.
Room 212, Capitol Building
Springfield, IL
SB 2327, Senator Meg Loughran Cappel
Amends the Children with Disabilities Article of the School Code. Provides that for
individual students with disabilities who attend tier 1 or 2 schools whose program costs exceed 3 times the district’s per capita tuition rate, the costs in excess of 3 times the district’s per capita tuition rate shall be paid by the State Board of Education from unexpended IDEA discretionary funds originally designated for room and board reimbursement (instead of for individual students with disabilities whose program costs exceed 4 times the district’s per capita tuition rate, the costs in excess of 4 times the district’s per capita tuition rate shall be paid by the State Board of Education from unexpended IDEA discretionary funds originally designated for room and board reimbursement). Provides that for individual students with disabilities who attend Tier 3 or 4 schools whose program costs exceed 4 times the district’s per capita tuition rate, the costs in excess of 4 times the district’s per capita tuition rate shall be paid by the State Board of Education from unexpended IDEA discretionary funds originally designated for room and board reimbursement. Effective immediately.
Senate Judiciary Committee
March 7, 2023, 1:30 p.m.
Room 409, Capitol Building
Springfield, IL
SB 1915, Senator Robert A. Martwick
Amends the Mental Health and Developmental Disabilities Code. Provides that the circuit court has jurisdiction over persons who are: (1) subject to involuntary admission on an inpatient basis; (2) subject to involuntary admission on an outpatient basis; or (3) in need of treatment by psychotropic medication and electroconvulsive therapy. Provides that no respondent who has pending felony charges may be ordered to undergo a program of hospitalization in a mental health facility operated by the Department of Human Services unless the Department agrees to the program of hospitalization.
Senate Public Health Committee
March 7, 2023, 1:30 p.m.
Room 400, Capitol Building
Springfield, IL
SB 1826, Senator Karina Villa
Amends the Adult Protective Services Act. Provides that any person may report information about the suspicious death of an eligible adult to an agency designated to receive such reports or to the Department on Aging. Provides that if a mandated reporter has reason to believe that the death of an eligible adult is the result of abuse or neglect, the matter shall be reported to the agency designated to receive such reports or to the Department for subsequent referral to the appropriate law enforcement agency and coroner or medical examiner. Prohibits employers from discriminating against any employee who makes a good faith oral or written report concerning information about the suspicious death of an eligible adult. Contains provisions concerning the required testimony of a mandated reporter at an administrative hearing concerning the suspicious death of an eligible adult; the referral of evidence to the appropriate law enforcement agency; access to records concerning reports of suspicious deaths due to abuse, neglect, or financial exploitation; and other matters. Makes changes to the definitions of “abuse”, “abuser”, and “mandated reporter”. Defines “investment advisor”. Effective January 1, 2024.
Senate Health and Human Services Committee
March 7, 2023, 3:30 p.m.
Room 400, Capitol Building
Springfield, IL
SB 1497, Senator Karina Villa
Amends the Nursing Home Care Act. Provides that “emergency” means a situation,
physical condition, or one or more practices, methods, or operations that present imminent danger of death or serious physical or mental harm to residents of a facility and that are clinically documented in the resident’s medical record (rather than only a situation, physical condition or one or more practices, methods or operations that present imminent danger of death or serious physical or mental harm to residents of a facility). Requires the need for positioning devices to be demonstrated and documented in the resident’s care plan. Requires that assessment to be revisited in every comprehensive assessment of the resident. Provides that psychotropic medication shall be administered to a resident only if clinical documentation in the resident’s medical record supports the benefit of the psychotropic medication over contraindications related to other prescribed medications and supports the diagnosis of the resident. Provides that, notwithstanding any other provision of law, if a resident is in a state of emergency, the emergency shall be clinically documented in the resident’s medical record.
SB 1721, Senator Laura Fine
Amends the Hearing Instrument Consumer Protection Act. Defines terms. Makes changes of references to “hearing instruments” to “hearing aids” when referring to the instrument or device. Provides that all hearing instruments or hearing aids must be dispensed or sold in accordance with Food and Drug Administration and Federal Trade Commission regulations governing the dispensing and sale of personal sound amplification products or hearing aids. Provides that a person age 17 or younger must be evaluated in person by either a licensed audiologist or a physician before receiving a prescription for a hearing aid. Provides requirements for a hearing aid prescription for individuals age 17 or younger. Provides that a person age 18 or older must be evaluated by a hearing instrument professional in person or via telehealth before receiving a prescription for a hearing aid. Provides requirements for a hearing aid prescription for individuals age 18 or older. Provides that hearing aid dispensing technicians are exempt from licensure under this Act but are otherwise subject to the practices and provisions of this Act. Provides that a trainee may be supervised by more than one licensed hearing instrument professional. Provides that hearing aid dispensing technicians may be employed by a hearing instrument professional to assist in the dispensing and servicing of hearing instruments without a license. Provides for duties of a hearing aid dispensing technician. Provides that continuing education credit per licensing period must include a minimum of (1) 2 hours in Illinois law and ethics, (2) one hour in sexual harassment prevention training, and (3) one hour in implicit bias awareness (rather than just a minimum of 2 hours in Illinois law and ethics). Makes other changes. Makes a corresponding change to the Public Utilities Act. Effective January 1, 2024.
SB 1910, Senator Laura Fine
Amends the Department of Healthcare and Family Services Law. Provides that, to ensure that the actions of the Department of Healthcare and Family Services are fairly and equitably communicated to both the provider community and Medicaid managed care organizations under contract with the State, to the full extent permitted by federal and State law, the Department shall coordinate with and communicate to statewide organizations representing substance use disorder and mental health facilities and providers (statewide organizations) the Department’s actions or modifications to those provisions of the Illinois Public Aid Code or Department rules concerning managed care services for persons with substance use disorders or mental health conditions, at the same time the Department communicates such actions or modifications to Medicaid managed care organizations (MCOs) or plans. Specifies that the requirements of the amendatory Act apply to actions, communications, or modifications involving mental health and substance use disorder provisions to or from the Illinois Public Aid Code or adopted rules for which the Department has authority over. Provides that, to the full extent permitted by federal and State law, the Department shall provide a statewide organization with notice of the Department’s proposed actions or modifications to such State laws or Department rules, at the same time the Department communicates such proposed actions or modifications to MCOs. Provides that, to the extent that the Department is prohibited by a federal or State law, a contractual obligation, or any other privacy restriction from disclosing certain information related to the Department’s action or modification to a State law or Department rule, the Department shall disclose such information to the statewide organization as soon as permitted and to the full extent permissible under the applicable law or contract or when the privacy restriction has been removed.
SB 2927, Senator Julie A. Morrison
Amends the Children and Family Services Act. Provides that the Department of Children and Family Services, in conjunction with the Department of Human Services, shall develop a comprehensive list of children and youth under the age of 18 who are diagnosed with intellectual and developmental disabilities or with a mental illness and are referred to a children’s group home, an Illinois public school, a therapeutic day school, or a private in-state or out-of-state residential program or hospital due to their need for behavioral health services and supports. Requires the Department of Children and Family Services (Department) to work in conjunction with other specified State agencies to (i) track the referrals, monitor any possible overlap between agencies, track funding streams, track the number of available facilities, staff, and beds, and establish clear processes and memoranda of understanding for the exchange of this information; and (ii) establish a Short-Term Stabilization Home Model to serve eligible children and youth who have behavioral challenges that have not been stabilized despite interventions to support such children and youth in their communities. Provides that the Department and other specified entities shall be responsible for making referrals to the short-term stabilization homes. Provides that the Department shall work in conjunction with individual service coordination agencies in the child or youth’s geographic area to identify potential short-term stabilization home participants. Requires the Department to establish a Transition to Adulthood Model as an intensive transition program that serves young adults from the age of 18 to the day before their 26th birthday. Provides that the Transition to Adulthood Model shall include educational services so that young adults receiving services under the model can learn how to navigate within their own community, use public transportation, plan and purchase meals, self-advocate, plan social activities, and attend institutions of higher learning, among other social activities. Effective immediately.
Senate Higher Education Committee
March 7, 2023, 5:30 p.m.
Room 212, Capitol Building
Springfield, IL
SB 99, Senator Laura Fine
Creates the Respond, Innovate, Succeed, and Empower Act. Requires a public institution of higher education to adopt a policy that makes certain documentation submitted by an enrolled or admitted student sufficient to establish that the student is an individual with a disability. Requires the policy to be transparent and explicit regarding information about the process by which the public institution of higher education determines eligibility for accommodations for an individual with a disability. Provides that each public institution of higher education shall disseminate such information to students, parents, and faculty in accessible formats and make the information readily available on a public website of the institution. Allows a public institution of higher education to establish less burdensome criteria to establish whether an enrolled or admitted student is an individual with a disability. Requires a public institution of higher education to engage in an interactive process to establish a reasonable accommodation for an individual pursuant to the federal Rehabilitation Act of 1973 and the federal Americans with Disabilities Act of 1990.
Senate Insurance Committee
March 7, 2023, 5:30 p.m.
Room 400, Capitol Building
Springfield, IL
SB 1568, 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.
Senate Behavioral and Mental Health Committee
March 8, 2023, 10:00 a.m.
Room 400, Capitol Building
Springfield, IL
SB 1403, Senator Laura Fine
Creates the 9-8-8 Suicide and Crisis Lifeline Task Force Act. Provides that the 9-8-8 Suicide and Crisis Lifeline Task Force shall be composed of 12 appointed members and the State’s Chief Behavioral Health Officer, or the Officer’s representative. Provides that the 2 Task Force co-chairs shall appoint experts to contribute and participate in the Task Force as nonvoting members. Provides for meetings of the Task Force and responsibilities relating to examination of the first year of implementation and use of the 9-8-8 Suicide and Crisis Lifeline in Illinois. Requires the development of an action plan with specified recommendations to be filed with the Governor and General Assembly by December 31, 2023. Includes legislative findings. Repeals the Act on January 1, 2025. Effective immediately.
SB 1672, Senator Laura Fine
Amends the Community Emergency Services and Support Act. Replaces the term “responder” with “mobile crisis response team member” in the Act. Removes provisions concerning responder involvement in involuntary commitment, and makes other changes in provisions concerning State prohibitions relating to emergency response. Provides that the Division of Mental Health’s guidance for 9-1-1 PSAPs and emergency services dispatched through 9-1-1 PSAPs shall promote, to the greatest extent practicable, referrals to a prearrest or prebooking case management unit in any area served by a prearrest or prebooking case management unit. Makes other changes.
SB 1674, Senator Laura Fine
Amends the Developmental Disability and Mental Disability Services Act. Provides that the Department of Human Services shall establish the Long-Term Stabilization Support Program consisting of at least 8 homes across the State and the Short-Term Stabilization Support Program consisting of at least 10 homes across the State. Provides for the requirements of each program. Provides that the Department shall submit an annual report to the General Assembly and Governor that outlines the progress and effectiveness of the programs beginning December 31, 2025. Provides that the Department shall adopt rules to develop and implement the programs. Provides for the repeal of the Article on January 1, 2028.
SB 1709, Senator Mike Simmons
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Resources shall partner with the State Board of Education to provide technical assistance for the provision of mental health care during school days with the goal of increasing the availability and accessibility of mental health resources for students. Provides that the Department shall report to the General Assembly on the implementation of the technical assistance provision no later than July 1, 2025. Provides for rulemaking by the Department and the State Board of Education.
Senate State Government Committee
March 8, 2023, 1:01 p.m.
Room 409, Capitol Building
Springfield, IL
SB 1845, Senator Elgie R. Sims, Jr.
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.
SB 2247, Senator Paul Faraci
Amends the State Treasurer Act. Provides that any entity may make contributions to an ABLE account. Makes changes concerning privacy of ABLE account information. Provides that the ABLE Account Program may also be referred to as the Senator Scott Bennett ABLE Program. Effective immediately.
Senate Appropriations-Human Services Committee
March 8, 2023, 5:00 p.m.
Room 212, Capitol Building
Springfield, IL
SUBJECT MATTER: SB 2486-ICCD, SB 2501- DHHC, SB 2486, SB 2501
- 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
Equip for Equality
cherylj2@equipforequality.org
217-303-8543
