LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITY
The following are disability-related bills and/or issues pending in the Illinois General Assembly that are scheduled to be heard in committee during the week of May 17, 2021:
House Elementary & Secondary Education: School Curriculum & Policies Committee
May 19, 2021, 9:00 a.m.
Virtual Room 3 www.ilga.gov
Springfield, IL
SB 517, Representative Natalie A. Manley
Amends the Children with Disabilities Article of the School Code to create the High-Cost Special Education Funding Commission for the purpose of making recommendations to the Governor and the General Assembly for an alternative funding structure in this State for high-cost special education students that is aligned to the principles of the evidence-based funding formula. Sets forth the membership of the Commission. Sets forth the topics the Commission must review. Contains provisions concerning administrative support, compensation, and reporting. Repeals the provisions on December 31, 2022. Effective immediately.
House Human Services Committee
May 19, 2021, 9:00 a.m.
Virtual Room 2 www.ilga.gov
Springfield, IL
HR 265, Representative Jay Hoffman
Directs the Auditor General to conduct a management audit of the Department of Human Services’ Division of Developmental Disabilities oversight of the CILA program and the awarding of competitively-procured grants.
SB 700, HFA 1, Representative Katie Stuart
Amends the Adult Protective Services Act. Provides that investment advisors and insurance adjusters are included as mandated reporters of abuse of an eligible adult under the Act. Defines “investment advisors” and “insurance adjusters”. Effective January 1, 2022.
- To read the full text of SB 700: Click
- To read the full text of HFA 1: Click
- To file an electronic witness slip on SB 700, HFA 1: Click
House Executive Committee
May 19, 2021, 10:00 a.m.
Virtual Room 3 www.ilga.gov
Springfield, IL
SB 539, Representative Bob Morgan
Amends the State Treasurer Act. Provides that for purposes of the ABLE account program, a designated beneficiary means the ABLE account owner. Provides that upon the death of a designated beneficiary, proceeds from an account may be transferred pursuant to a payable on death account agreement. Provides that upon the death of a designated beneficiary, the State Treasurer may require verification that the funeral and burial expenses of the designated beneficiary have been paid. Makes conforming changes. Effective immediately.
SB 2270, Representative La Shawn K. Ford
Amends the Nursing Home Care Act. Provides that, no later than January 1, 2022 (rather than 2011) the Department of Public Health shall file with the Secretary of State’s Office (rather than the Joint Committee on Administrative Rules) proposed rules or proposed amendments to existing rules to certify nursing homes or distinct self-contained units within existing nursing homes (rather than only distinct self-contained units within existing nursing homes) for the behavioral management of persons with a high risk of aggression. Provides that the definition of a “person with high risk of aggression” in proposed rules or proposed amendments to existing rules filed by the Department of Public Health shall not include any person with a serious mental illness who is eligible to receive services under the Specialized Mental Health Rehabilitation Act of 2013. Effective immediately.
House State Government Administration Committee
May 19, 2021, 3:00 p.m.
Virtual Room 1 www.ilga.gov
Springfield, IL
HR 60, Representative Jehan Gordon Booth
Recognizes the importance, effectiveness, and need for trauma-informed care among existing programs and agencies in the State of Illinois and expresses support for the establishment of such care.
House Insurance Committee
May 20, 2021, 3:00 p.m.
Virtual Room 3 www.ilga.gov
Springfield, IL
SB 930, Representative Emanuel Chris Welch
Amends the Illinois Insurance Code. Provides that the task force on disability income insurance and parity for behavioral health conditions shall submit findings and recommendations to the Governor and the General Assembly by December 31, 2022 (rather than December 31, 2020). Provides that the task force is dissolved and the provision is repealed on January 1, 2023 (rather than December 31, 2021). Effective immediately.
Senate Education Committee
May 18, 2021, 1:00 p.m.
Room 212, Capitol Building
or
Virtual Room 1 www.ilga.gov
Springfield, IL
HB 1778, Senator Thomas Cullerton
Provides that the Act may be referred to as the Beyond Charity Law. Amends the School Code. Provides that each school district that serves pupils in any of grades 6 through 12 and that issues an identification card to pupils in any of grades 6 through 12 shall provide contact information for the National Suicide Prevention Lifeline (988), the Crisis Text Line, and either the Safe2Help Illinois helpline or a local suicide prevention hotline or both on the identification card. Amends the Mental Health Early Action on Campus Act. Provides that if a public higher education institution issues student identification cards to its students, the institution must provide contact information for the National Suicide Prevention Lifeline (988), the Crisis Text Line, and a local suicide prevention hotline on the identification card. Requires the contact information on the school’s or institution’s card to identify each helpline that may be contacted through text messaging. Provides that the contact information shall also be included in the student handbook and student planner if a student planner is custom printed by the school or institution. Effective July 1, 2022.
HB 2748, Senator David Koehler
Amends the Children with Disabilities Article of the School Code. Provides that eligible students who reached or will reach their 22nd birthday between March 17, 2020 and the end of the 2021-2022 school year shall be afforded the option of extending the student’s eligibility through the end of the 2021-2022 school year to provide the student with an opportunity to participate in post-secondary transition activities and services and pursue the goals under the student’s most recent individualized education program. Sets forth provisions regarding the extension of eligibility. Requires each school district to provide written notification of options to each student to whom these provisions apply or to the student’s guardian or designated representative within 30 days after the effective date of the amendatory Act. Sets forth the written notification form. Effective immediately.
HB 3906, Senator Napoleon Harris, III
Amends the Article of the School Code relating to children with disabilities. Provides that the State Superintendent of Education may determine that the location of the parent or guardian of a student is unknown after considering information submitted from the school district that last enrolled the student or from the school or special education facility providing special education and related services to meet the needs of the student. Provides that the information submitted to the State Superintendent must include an affidavit from that school district’s superintendent or the facility’s director attesting that the location of the parent or guardian is unknown and 4 items of documentary evidence that a minimum of 4 separate attempts were made to locate the parent or guardian. Provides that any determination by the State Superintendent that the location of a parent or guardian is unknown is final, but that any determination made by the State Superintendent is subject to review and reconsideration any time a parent’s or guardian’s location becomes known. Effective immediately.
Senate Health Committee
May 18, 2021, 3:00 p.m.
Room 400, Capitol Building
or
Virtual Room 2 www.ilga.gov
Springfield, IL
HB 684, Senator Ram Villivalam
Amends the Medical Assistance Article of the Illinois Public Aid Code. Exempts ground ambulance services from the State’s managed care medical assistance program. Provides that these services shall continue to be paid under the State’s traditional fee-for-service program..
HB 1854, Senator Julie A. Morrison
Amends the Mental Health and Developmental Disabilities Code. Provides that the Department of Human Services when a recipient of services under this Code, whether admitted on a voluntary or involuntary basis, is being discharged from an inpatient facility, shall provide the recipient and the recipient’s conservator, guardian, or other legally authorized representative a written aftercare plan prior to the recipient’s discharge from the facility. Provides that the written aftercare plan shall include, to the extent known, all of the following components: (1) the nature of the illness and followup required; (2) medications including side effects and dosage schedules; (3) if the recipient was given an informed consent form with his or her medications, the form shall satisfy the requirement for information on side effects of the medications; 4) expected course of recovery; (5) recommendations regarding treatment that is relevant to the recipient’s care; (6) referrals to providers of medical and mental health services; and (7) other relevant information. Provides that the recipient shall be advised by facility personnel that he or she may designate another person to receive a copy of the aftercare plan.
HB 3666, Senator Bill Cunningham
Amends the Nursing Home Care Act. In provisions regarding involuntary transfer or discharge of a resident, provides that a facility may submit to a resident or a resident’s legal representative a bill for all charges for which payment was not made during the COVID-19 pandemic. Provides that the amendatory provisions do not apply to a resident whose care is provided for under the Illinois Public Aid Code or who has submitted an application for care to be provided under the Illinois Public Aid Code.
Provides that if payment is not made or if the resident or the resident’s legal representative does not contact the facility to set up a payment schedule acceptable to the facility within 45 days after submission of a bill, the facility may submit a request for payment and, 30 days after receipt of the request for payment, the facility may initiate an involuntary transfer or discharge of the resident. Provides that if the resident or the resident’s legal representative submits evidence of the resident’s financial inability to cover all charges, the facility shall make application on behalf of the resident for Medicaid services, and, upon approval of the resident’s application, the State shall pay the resident’s bill, retroactive to the date the resident failed to make payment. Provides that a resident’s discharge prior to this action does not eliminate a resident’s responsibility to pay for all services rendered. Effective immediately.
Senate Judiciary Committee
May 18, 2021, 3:00 p.m.
Room 409, Capitol Building
or
Virtual Room 3 www.ilga.gov
Springfield, IL
HB 55, Senator Sara Feigenholtz
Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Changes the definition of “developmental disability” to mean a disability that is attributable to an intellectual disability or a related condition. Defines “intellectual disability”. Provides that, in the case of an intellectual disability, the required report for a petition for adjudication of disability and for appointment of a guardian shall include a psychological evaluation of the respondent that has been performed by a clinical psychologist within one year of the date of the filing of the petition. Makes a corresponding change.
HB 263, Senator Julie A. Morrison
Amends the Guardians For Adults with Disabilities Article of the Probate Act of 1975.
Provides that a petition for the appointment of a temporary guardian for an alleged person with a disability shall be filed at the time of or subsequent to the filing of a petition for adjudication of disability and appointment of a guardian. Provides that the petition for the appointment of a temporary guardian shall state specified facts. Provides that notice of the time and place of the hearing on a petition for the appointment of a temporary guardian or petition to revoke the appointment of a temporary guardian shall be given not less than 3 days before the hearing. Effective immediately.
HB 266, Senator Jason Barrickman
Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Provides that a guardian shall consider the ward’s current preferences to the extent the ward has the ability to participate in decision making when those preferences are known or reasonably ascertainable by the guardian. Provides that decisions by the guardian shall conform to the ward’s current preferences unless the guardian reasonably believes that doing so would result in substantial harm to the ward’s welfare or personal or financial interests. Provides that if the guardian is unable to ascertain the ward’s preferences, then the decisions may be made by conforming as closely as possible to what the ward would have done or intended under the circumstances. Makes conforming changes. Effective immediately.
HB 679, Senator Napoleon Harris, III
Amends the Illinois Power of Attorney Act. Provides that a principal may elect a 30-day
delayed revocation of the principal’s health care agency. Makes corresponding changes. Effective immediately.
HB 842, Senator John Connor
Amends the Adult Guardianship Article of the Probate Act of 1975. Deletes language providing that if the respondent is unable to pay the fee of the guardian ad litem or appointed counsel, or both, the court may enter an order for the petitioner to pay all such fees or such amounts as the respondent or the respondent’s estate may be unable to pay. Provides instead that the allocation of guardian ad litem fees and costs is within the discretion of the court. Provides that no legal fees, appointed counsel fees, guardian ad litem fees, or costs shall be assessed against the Office of the State Guardian, the public guardian, an adult protective services agency, the Department of Children and Family Services, or the agency designated by the Governor under the Protection and Advocacy for Persons with Developmental Disabilities Act.
HB 3849, Senator Sara Feigenholtz
Creates the Supported Decision-Making Agreement Act. Authorizes the creation of supported decision-making agreements and allows a supporter to assist a principal with an intellectual or developmental disability in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement. Provides that all adults are presumed to be capable of making decisions regarding daily living and to have capacity unless otherwise determined by a court. Provides that certain persons are disqualified from acting as a supporter. Provides that a supporter may exercise the authority granted to the supporter in the supported decision-making agreement. Provides for the duties of a supporter in a supported decision-making agreement. Prohibits a supporter from doing certain actions in relation to the principal. Requires 2 or more witnesses to be present and sign and date a supported decision-making agreement. Provides a form for a supported decision-making agreement. Provides that a person is not subject to criminal or civil liability and has not engaged in professional misconduct for an act or omission under certain circumstances. Provides that a decision or request made or communicated with the assistance of a supporter shall be recognized as the decision or request of the principal and may be enforced by the principal or supporter on the same basis as a decision or request of the principal. Provides that if a person who receives a copy or is aware of the existence of a supported decision-making agreement and has cause to believe that the principal is being abused, neglected, or exploited by the supporter, the person shall report the alleged abuse, neglect, or exploitation. Provides for the termination of a supported decision-making agreement. Provides that a principal may revoke the supported decision-making agreement and invalidate the supported decision-making agreement at any time. Provides that a supporter may resign by giving notice to the principal. Effective immediately.
Senate Transportation Committee
May 18, 2021, 3:00 p.m.
Room 212, Capitol Building
or
Virtual Room 1 www.ilga.gov
Springfield, IL
HB 694, Senator Jason Plummer
Amends the Illinois Vehicle Code. Provides that, with respect to the supporting documentation required to obtain a plate for a veteran with a disability, the Secretary of State shall allow an applicant to redact information on the documentation that pertains to the nature of the applicant’s health issue. Provided, however, that the Secretary of State may require an applicant to disclose information necessary to confirm that the applicant’s disability is service-connected or to establish the degree of the applicant’s service-connected disability. Effective immediately.
HB 3027, Senator Linda Holmes
Amends the Illinois Vehicle Code. Allows the Secretary of State to provide a disabilities motor decal or device to an expectant mother during her third trimester. Provides that a decal or device provided to an expectant mother shall be valid for no more than 90 days, and shall clearly set forth the date that the decal or device expires. Provides that a decal or device shall be issued only upon a showing by adequate documentation that the expectant mother has entered her third trimester.
Senate Behavioral and Mental Health Committee
May 18, 2021, 5:00 p.m.
Room 409, Capitol Building
or
Virtual Room 3 www.ilga.gov
Springfield, IL
HB 212, Senator Suzy Glowiak Hilton
Amends the Children’s Mental Health Act of 2003. Provides that the Children’s Mental Health Plan shall include recommendations for ensuring all Illinois youth receive mental health education and have access to mental health care in the school setting. Provides that in developing these recommendations, the Children’s Mental Health Partnership shall consult with the State Board of Education, education practitioners, health care professionals, disability advocates, and other representatives as necessary to ensure the interests of all students are represented. Effective July 1, 2021.
HB 2784, Senator Robert Peters
Creates the Community Emergency Services and Support Act. Provides that each 9-1-1 call center and provider of emergency services dispatched through a 9-1-1 system must coordinate with the mobile mental and behavioral health services established by the Division of Mental Health of the Department of Human Services so that the following State goals and State prohibitions are met whenever a person interacts with one of these entities for the purpose seeking emergency mental and behavioral health care or when one of these entities recognizes the appropriateness of providing mobile mental or behavioral health care to an individual with whom they have engaged. Provides that the Division of Mental Health is also directed to provide guidance regarding whether and how these entities should coordinate with mobile mental and behavioral health services when responding to individuals who appear to be in a mental or behavioral health emergency while engaged in conduct alleged to constitute a non-violent misdemeanor. Provides that 9-1-1 call centers, emergency services dispatched through 9-1-1 call centers, and the mobile mental and behavioral health service established by the Division of Mental Health must coordinate their services so that certain specified State prohibitions are avoided. Provides that the Division of Mental Health shall establish regional advisory committees in each EMS Region to advise on emergency response systems for mental and behavioral health. Provides that the Act applies to persons of all ages, both children and adults. Provides that the Act does not limit an individual’s right to control his or her own medical care. No provision of this Act shall be interpreted in such a way as to limit an individual’s right to choose his or her preferred course of care or to reject care. Provides that no provision of this Act shall be interpreted to promote or provide justification for the use of restraints when providing mental or behavioral health care. Amends the Emergency Telephone System Act to make conforming changes.
HB 3911, Senator Bill Cunningham
Amends the First Responders Suicide Prevention Act. Provides that the First Responders Suicide Prevention Task Force shall make specified recommendations to specified entities.
Senate Higher Education Committee
May 18, 2021, 5:00 p.m.
Room 212, Capitol Building
or
Virtual Room 1 www.ilga.gov
Springfield, IL
HB 3359, Senator Dan McConchie
Amends various Acts relating to the governance of public universities and community
colleges in Illinois. Provides that if a student has a personal support worker through the Home-Based Support Services Program for Adults with Mental Disabilities under the Developmental Disability and Mental Disability Services Act, the governing board of the public university or community college district must permit the personal support worker to attend class with the student but is not responsible for providing or paying for the personal support worker. Provides that if the personal support worker’s attendance in class is solely to provide personal support services to the student, the governing board may not charge the personal support worker tuition and fees for such attendance. Effective immediately.
HB 3950, Senator Laura Fine
Amends the Children with Disabilities Article of the School Code in provisions concerning transition services. Makes changes relating to the definition of terms. Provides that, as a component of transition planning, a school district shall provide a student with information about the school district’s career and technical education (CTE) opportunities and postsecondary CTE opportunities; sets forth what the CTE information must include. Provides that a student in high school with an individualized education program may enroll in the school district’s CTE program at any time if participation in a CTE program is consistent with the student’s transition goals. Makes changes concerning the participants in the transition planning process. Amends the Dual Credit Quality Act. Requires a high school and community college partnership agreement to include the collaborative process and criteria by which a school district and a community college district shall work to ensure that individual students with disabilities have access to dual credit courses, provided that those students are able to meet the criteria for entry into a dual credit course; sets forth other requirements. Amends the Public Community College Act. Requires each community college district to provide access to higher education for students with disabilities. Encourages each community college to offer for-credit and non-credit courses as deemed appropriate for the individual student based on the student’s abilities, interests, and postsecondary transition goals, with the appropriate individualized supplementary aids and accommodations. Strongly encourages each community college to have its disability services coordinator or the coordinator’s representative participate either in person or remotely in meetings held by high schools within the community college district to provide information to the student’s individualized education program team about the community college and the availability of courses and programs at the community college. Effective immediately.
Senate Criminal Law Committee
May 18, 2021, 5:15 p.m.
Room 400, Capitol Building
or
Virtual Room 2 www.ilga.gov
Springfield, IL
HB 3564, Senator Robert Peters
Provides that the Act may be referred to as the Anthony Gay Law. Creates the Isolated Confinement Restriction Act. Provides that a committed person may not be placed in isolated confinement for more than 10 consecutive days. Provides that a committed person may not be placed in isolated confinement for more than 10 days in any 180-day period. Provides that while out of cell, committed persons may have access to activities, including, but not limited, to: job assignments, educational classes, vocational classes, meals, recreation, yard or gymnasium, day room, medical appointments, visits, and group therapy. Provides exceptions. Provides that the Department of Corrections shall post on the Department’s official website quarterly reports on the use of isolated confinement. Amends the Unified Code of Corrections to make conforming changes. Effective January 1, 2022, except that some provisions are effective immediately.
Senate Executive Committee
May 19, 2021, 2:30 p.m.
Room 212, Capitol Building
or
Virtual Room 1 www.ilga.gov
Springfield, IL
HB 2616, Senator Laura Fine
Amends the Illinois Procurement Code. Provides that the Code shall not apply to the
acquisition of modifications or adjustments to assistive technology devices and services, adaptive equipment, repairs, and replacement parts to provide specified reasonable accommodations.
Effective immediately.
Senate Insurance Committee
May 19, 2021, 4:30 p.m.
Room 212, Capitol Building
or
Virtual Room 1 www.ilga.gov
Springfield, IL
HB 2595, Senator Laura Fine
Amends the Illinois Insurance Code. Provides that every insurer that amends, delivers, issues, or renews a group or individual policy of accident and health insurance or a qualified health plan offered through the health insurance marketplace in the State and Medicaid managed care organizations providing coverage for hospital or medical treatment shall provide coverage for medically necessary treatment of mental, emotional, nervous, or substance use disorders or conditions. Provides that an insurer shall not limit benefits or coverage for medically necessary services on the basis that those services should be or could be covered by a public program. Provides that an insurer shall not set a specific limit on the duration of benefits or coverage of medically necessary treatment of mental, emotional, nervous, or substance use disorders or conditions or limit coverage only to alleviation of the insured’s current symptoms. Provides that nothing shall require the insurer to cover a treatment when the authorization was granted based on a material misrepresentation by the insured, the policyholder, or the provider. Provides that an insurer may apply specified utilization review criteria to health care services and benefits for mental, emotional, and nervous disorders or conditions that are outside the scope of specified criteria and guidelines or relate to advancements in technology or types of care that are not covered in the most recent versions of specified sources. Provides that an insurer shall base any medical necessity determination or the utilization review criteria on current generally accepted standards of mental, emotional, nervous, or substance use disorder or condition care. Provides that in conducting utilization review of covered health care services and benefits for the diagnosis, prevention, and treatment of mental, emotional, and nervous disorders or conditions in children, adolescents, and adults, an insurer shall exclusively apply the criteria and guidelines set forth in the most recent versions of the treatment criteria developed by the nonprofit professional association for the relevant clinical specialty. Provides that an insurer shall not apply different, additional, conflicting, or more restrictive utilization review criteria than the criteria and guidelines set forth in the treatment criteria. Provides that the Director may, after appropriate notice and opportunity for hearing, assess a civil penalty between $1,000 and $5,000 for each violation. Amends the Health Carrier External Review Act. Provides that independent review organization shall comply with specified requirements for an adverse determination or final adverse determination involving mental, emotional, nervous, or substance use disorders or conditions. Makes other changes. Effective January 1, 2022..
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.
SPECIAL NOTE: Due to the COVID 19 pandemic, committee hearings are being held remotely via the Internet.
- To view instructions regarding the remote hearing process and how to submit oral or written testimony in the HOUSE: Click
- To view instructions regarding the remote hearing process and how to submit oral or written testimony in the SENATE: Click
For additional information, please contact:
Cheryl R. Jansen
Public Policy Director
Equip for Equality
cherylj2@equipforequality.org
217-303-8543
