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 9, 2016:
NOTABLE BILLS/ISSUES
House Human Services Committee
May 11, 2016, 8:30 a.m.
Room C-1, Stratton Building
Springfield, IL
*SB 2610, Representative Jim Durkin
Creates the Continuum of Care Services for the Developmentally Disabled Act. Creates a license for continuum of care facilities that serve individuals with developmental disabilities. Defines terms. Requires the Director of Human Services, in consultation and coordination with the Director of Public Health and Director of Healthcare and Family Services as necessary, to develop a licensure system for continuum of care facilities in accordance with specified purposes. Requires the Director of Human Services to adopt rules to establish the licensure system. Requires applicants for continuum of care licenses to submit continuum of care plans that meet specified criteria to the Director of Human Services. Requires the Director of Human Services, acting as appropriate through or in coordination with the Director of Public Health, to ensure licensees meet specified requirements. Contains provisions concerning the effects of situations that may impact or change a facility’s license. Requires the Director of Human Services and Director of Healthcare and Family Services to ensure reimbursements from State and federal sources going to eligible continuum of care facilities meet specified requirements. Amends the Department of Healthcare and Family Services Law of the Civil Administrative Code of Illinois. Provides that the Director of Healthcare and Family Services, in collaboration and coordination with the Director of Human Services, shall develop and submit a request for a waiver pursuant to the federal Social Security Act for the continuum of care license program.
NOTE: SB 2610 creates a special license, special rules and a special rate for a select few service providers that operate segregated campus-based institutions for people with developmental disabilities. This specially created system will enable these institutions to move individuals in and out of different types/levels of services at their discretion. SB 2610 perpetuates an antiquated system of service delivery that runs counter to the community integration mandate of the Americans with Disabilities Act and the U.S. Supreme Court’s Olmstead decision. The bill further requires the State to apply for a Section 1115 Medicaid waiver in order to receive federal matching funds for the services these campus-based institutions provide.
*Equip for Equality opposes SB 2610
ADDITIONAL BILLS/ISSUES OF INTEREST
House Appropriations-Elementary & Secondary Education Committee
May 10, 2016, 1:00 p.m.
Room C-1, Stratton Building
Springfield, IL
SUBJECT MATTER: FY 16 Budget and FY 17 Budget proposal.
- To file an electronic witness slip: Click
House Judiciary-Criminal Committee
May 10, 2016, 2:00 p.m.
Room D-1, Stratton Building
Springfield, IL
SB 2880, Representative Ron Sandack
Amends the Code of Criminal Procedure of 1963. Provides that a court may order the testimony of a victim who is a child under 18, a person with a moderate, severe, or profound intellectual disability, or a person affected by a developmental disability by means of a closed circuit television in a proceeding for the prosecution of an offense of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse aggravated battery or aggravated domestic battery, the testimony is taken during the proceeding, and the judge determines that testimony by the child victim or victim with a moderate, severe, or profound intellectual disability or victim affected by a developmental disability in the courtroom will result in the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability suffering serious emotional distress such that the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability cannot reasonably communicate or that the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability will suffer severe emotional distress and is likely to cause the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability to suffer severe adverse effects.
SB 3106, Representative Elgie R. Sims, Jr.
Amends the Code of Criminal Procedure of 1963. Provides that the hearsay exceptions for the admission of evidence in a prosecution for a physical or sexual act apply to a person with an intellectual disability, a person with a cognitive impairment, or a person with a developmental disability (rather than a moderately intellectually disabled person or severely or profoundly intellectually disabled person). Defines a person with an intellectual disability as a person with significantly subaverage general intellectual functioning which exists concurrently with an impairment in adaptive behavior. Defines a person with cognitive impairment as a person with a significant impairment of cognition or memory that represents a marked deterioration from a previous level of function. Cognitive impairment includes, but is not limited to, dementia, amnesia, delirium, or a traumatic brain injury. Defines a person with a developmental disability as a person with a disability that is attributable to (1) an intellectual disability, cerebral palsy, epilepsy, or autism, or (2) any other condition that results in an impairment similar to that caused by an intellectual disability and requires services similar to those required by a person with an intellectual disability.
House Human Services Committee
May 11, 2016, 8:30 a.m.
Room C-1, Stratton Building
Springfield, IL
SB 2929, Representative Robert Rita
Amends the Illinois Act on the Aging. In provisions requiring case coordination units to prescreen certain individuals for home and community based services, requires the units to
established by the Department on Aging. Amends the Hospital Licensing Act. In a provision requiring hospitals to notify a case coordination unit prior to discharging patients to a nursing home, requires the case coordination unit to notify the Department on Aging when the unit is unable to complete an assessment prior to a patient’s hospital discharge; and requires the Departments of Healthcare and Family Services and Aging to adopt rules to ensure patients in similar circumstances are able to access nursing home care. Amends the Illinois Public Aid Code. Permits payment under the medical assistance program for obligations incurred by an individual whose application for benefits is pending.
House Judiciary-Civil Committee
May 11, 2016, 8:30 a.m.
Room D-1, Stratton Building
Springfield, IL
*SB 2956, Representative Ann Williams
Amends the Environmental Barriers Act. Changes references from “accessibility standards” to “the Illinois Accessibility Code”, and makes related changes. Makes changes to provisions concerning definitions. Removes a provision requiring the Capital Development Board to establish standards for areas restricted to employee use. Requires the Capital Development Board to update the Code within 3 years (rather than 2 years) after federal standards are updated. Provides that the Act generally applies to public facilities and multi-story housing constructed after May 1, 1988, with specific provisions concerning the Code’s application. Requires new housing construction to comply with the Department of Housing and Urban Development’s March 6, 1991 Fair Housing Accessibility Guidelines and all later versions, amendments, and supplements. Requires all alterations to public facilities and multi-story housing to comply with the Code as it exists at the time of alteration. Adds provisions concerning alterations that impact accessibility or usability of paths of travel. Repeals provisions concerning alterations. Combines provisions concerning civil enforcement and other penalties. Provides that any violation of the Code is a violation of the Act. Provides the Attorney General with discretion to investigate complaints made under the Act. Adds enforcement provisions concerning the powers of the Attorney General. Changes references from “environmentally limited persons” to “individuals with disabilities”. Makes other changes.
*Equip for Equality supports SB 2956
House Appropriations-General Services Committee
May 11, 2016, 2:00 p.m.
Room D-1, Stratton Building
Springfield, IL
SUBJECT MATTER: FY 16 Budget and FY 17 Budget proposal.
- To file an electronic witness slip: Click
House Appropriations-Human Services Committee
May 12, 2016, 8:00 a.m.
Room C-1, Stratton Building
Springfield, IL
SUBJECT MATTER: HB 5750
- To file an electronic witness slip: Click
HB 5750, Representative Greg Harris
Creates the Health Insurance Claims Assessment Act. Imposes an assessment of 1% on claims
paid by a health insurance carrier or third-party administrator. Provides that the moneys received and collected under the Act shall be deposited into the Healthcare Provider Relief Fund and used solely for the purpose of funding Medicaid services provided under the medical assistance programs administered by the Department of Healthcare and Family Services.
- To read full text of HB 5750: Click
Senate Education Committee
May 10, 2016, 2:00 p.m.
Room 212, Capitol Building
Springfield, IL
*HB 6333, Senator David Koehler
Amends the School Code. Annually requires each school district, public school, charter school, or nonpublic school to request an asthma action plan from the parents or guardians of a pupil with asthma; sets forth provisions concerning the asthma action plan. Requires the State Board of Education to consult with a statewide professional organization representing school administrators in developing a model asthma episode emergency response protocol. Provides that, every 2 years, school personnel who work with pupils shall complete an in-person or online training program on the management of asthma, the prevention of asthma symptoms, and emergency response in the school setting. Requires the State Board, in consultation with statewide professional organizations with expertise in asthma management, to make available resource materials for educating school personnel about asthma and emergency response in the school setting. Makes technical changes having a revisory function.
*Equip for Equality supports HB 6333
Senate Public Health Committee
May 10, 2016, 2:00 p.m.
Room 400, Capitol Building
Springfield, IL
HB 4935, Senator Christine Radogno
Amends the Hearing Screening for Newborns Act. Changes the short title to the Early Hearing Detection and Intervention Act. Defines terms. Replaces current provisions related to mandatory hearing screening with provisions that provide each medical care facility shall conduct bilateral hearing screenings for each newborn infant prior to discharge unless there is a medical contraindication or the infant is transferred before a screening can be completed. Contains provisions concerning infants that are transferred, requiring all medical care facilities to make provisions for outpatient screenings for infants born outside medical care facilities, and reporting and follow-up requirements for hearing screenings. Provides that for infants born outside a medical care facility, the newborn’s primary care provider shall make a referral to a medical care facility for a hearing screening. Provides that specified providers and programs (rather than hospitals) shall report all hearing testing, medical treatment, and intervention outcomes related to newborn hearing screening or newly identified hearing loss for children birth through 6 years of age (rather than positive hearing screening results) to the Department of Public Health. Provides that the Department shall maintain a registry documenting screening, diagnosis, and intervention of cases of positive hearing results. Adds provisions concerning information sharing. Repeals provisions concerning a hearing screening advisory committee.
HB 5602, Senator Chris Nybo
Amends the Nursing Home Care Act. Provides that when a facility submits comments refuting licensure findings (rather than comments to licensure findings), it shall be considered an informal dispute resolution if the findings were not submitted for an informal dispute resolution pursuant to specified federal protocols. Provides that if the Department of Public Health fails to provide a written explanation of the reason or reasons why evidence or arguments submitted for an informal dispute resolution were insufficient to refute the informal dispute resolution findings within 60 days of receiving the informal dispute resolution, then the alleged licensure violation shall be cited, but no penalty shall be imposed.
HB 6060, Senator John G. Mulroe
Amends the Illinois Public Aid Code. Adds the percentage of Medicaid funded residents as one of the factors the Department of Healthcare and Family Services must consider in grouping nursing facilities for purposes of payment. Provides that a resident of a nursing facility whose application for long term care benefits is awaiting final action shall be included in the calculation as a Medicaid funded resident.
Senate Human Services Committee
May 10, 2016, 3:30 p.m.
Room 409, Capitol Building
Springfield, IL
SB 2446, Senator Chapin Rose
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the provision requiring the Department of Human Services to develop a training program for authorized direct care staff to administer medications under the supervision and monitoring of a registered professional nurse applies to (i) all residential (rather than all programs) for persons with a developmental disability in settings of 16 persons or fewer that are funded or licensed by the Department of Human Services and that distribute or administer medications, and (ii) all day programs certified to serve persons with developmental disabilities by the Department of Human Services. Effective January 1, 2017.
SB 3299, Senator Chapin Rose
Amends the Department of Human Services Act. In a provision requiring the Department of Humans Services’ Inspector General to adopt rules establishing minimum requirements for reporting abuse or neglect allegations involving individuals receiving services due to mental illness, developmental disability, or both, provides that, in addition to other specified requirements, such rules shall (i) establish a process that ensures agencies are regularly informed on the status of ongoing investigations; and (ii) ensure agencies are informed of the ability to have trained staff follow procedures to perform investigations. In a provision concerning training programs, requires the Inspector General to establish a comprehensive program to ensure that every person authorized to conduct investigations receives ongoing and consistent (rather than ongoing) training relative to investigation techniques, communication skills, community models of providing long-term services and supports to persons with intellectual or developmental disabilities or mental illnesses, and the appropriate means of interacting with persons with intellectual or developmental disabilities or mental illnesses who are receiving services in a community setting (rather than the appropriate means of interacting with persons receiving treatment for mental illness, developmental disability, or both mental illness and developmental disability). Requires the Office of the Inspector General to (i) indicate the date upon which an investigation has begun on all reports, including final investigative reports; (ii) take steps to ensure investigative reports are completed in a timely manner; and (iii) outline procedures aimed at streamlining the investigatory process.
HB 4257, Senator Linda Holmes
Amends the Department of Human Services Act. Requires the Department of Human Services to issue upon the request of a person medically diagnosed with autism spectrum disorder, or the guardian or custodian of the person, an Autism Spectrum Disorder wallet card that specifies that the cardholder has been medically diagnosed with autism spectrum disorder. Requires the Department to establish, by rule, the proof required in order to obtain an Autism Spectrum Disorder wallet card and the process for administration of the card. Permits the Department to collect a reasonable fee for the issuance of the card not to exceed $10.
*HB 4351, Senator Daniel Biss
Amends the Illinois Act on the Aging. Sets forth the criteria individuals must meet to have equal access to services under the Community Care Program. Provides that individuals with a score of 29 or higher based on the determination of need assessment tool are eligible to receive institutional and home and community-based long term care services until the State receives federal approval and implements an updated assessment tool. Provides that any individual determined to be ineligible for services due to the updated assessment tool shall continue to be eligible for services for at least one year following that determination and must be reassessed no earlier than 11 months after that determination. Further provides that the State shall not implement an updated assessment tool that causes more than 1% of then-current recipients to lose eligibility. Requires the Department on Aging to promulgate rules regarding the updated assessment tool, but prohibit the Department from promulgating emergency rules regarding the updated assessment tool. Requires service cost maximums to be set at levels no lower than the service cost maximums that were in effect as of January 1, 2016 and to be increased accordingly to reflect any rate increases. Makes corresponding changes to the Disabled Persons Rehabilitation Act and the Illinois Public Aid Code. Further amends the Illinois Public Aid Code by deleting a provision requiring the Department of Healthcare and Family Services to, subject to federal approval, on and after July 1, 2012, effectuate an increase in the determination of need scores from 29 to 37 for applicants for institutional and home and community-based long term care. Amends the Nursing Home Care Act and further amends the Illinois Public Aid Code to provide that no individual receiving care in an institutional setting shall be involuntarily discharged as the result of the updated assessment tool until a transition plan has been developed by the Department on Aging or its designee and all care identified in the transition plan is available to the resident immediately upon discharge.
*Equip for Equality supports HB 4351
HB 4554, Senator Terry Link
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that upon
federal approval, the Department of Healthcare and Family Services shall provide coverage and reimbursement for all drugs that are approved for marketing by the federal Food and Drug Administration and that are recommended by the federal Public Health Service or the United States Centers for Disease Control and Prevention for pre-exposure prophylaxis and related pre-exposure prophylaxis services, including, but not limited to, HIV and sexually transmitted infection screening, treatment for sexually transmitted infections, medical monitoring, assorted labs, and counseling to reduce the likelihood of HIV infection among individuals who are not infected with HIV but who are at high risk of HIV infection.
HB 6086, Senator Thomas Cullerton
Amends the School Code. Requires the Department of Human Services to consider the length of time spent on the Prioritization of Urgency of Need for Services (PUNS) waiting list, in addition to other factors considered, when selecting individuals on the list for services, and requires the State Board of Education, in consultation with the Department, to inform parents and guardians of students about this consideration when informing them about the PUNS waiting list.
HB 6213, Senator Daniel Biss
Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires each Medicaid Managed Care Entity contracted by the Department of Healthcare and Family Services to: (i) make available on the entity’s website a provider directory in a machine readable file and format; (ii) make provider directories publicly accessible without the necessity of providing a password, a username, or personally identifiable information; (iii) comply with all federal and State statutes and regulations pertaining to provider directories within Medicaid Managed Care; and (iv) request, at least annually, provider office hours for certain provider types, including hospitals and facilities, pharmacies, and durable medical equipment suppliers that are not hospitals. Contains provisions requiring the print and online version of the consumer quality comparison tool to use a quality rating system developed by the Department to reflect Medicaid Managed Care Entities’ individual Plan performance. Requires the Department to make the consumer quality comparison tool available for consumer use no later than January 1, 2018.
Senate Judiciary Committee
May 10, 2016, 3:30 p.m.
Room 400, Capitol Building
Springfield, IL
HB 5924, Senator Ira I. Silverstein
Amends the Probate Act of 1975. Provides that unless there is a court order to the contrary, the guardian, consistent with specified standards, shall use reasonable efforts to notify the ward’s known adult children, who have requested notification and provided contact information, of the ward’s admission to a hospital or hospice program, the ward’s death, and the arrangements for the disposition of the ward’s remains. Provides that if a guardian unreasonably prevents an adult child of the ward from visiting the ward, the court, upon a verified petition by an adult child, may order the guardian to permit visitation between the ward and the adult child if the court finds that the visitation is in the ward’s best interests. Provides that in making its determination, the court shall consider specified standards. Provides that the new provisions do not apply to duly appointed public guardians or the Office of State Guardian.
Senate Criminal Law Committee
May 11, 2016, 9:00 a.m.
Room 400, Capitol Building
Springfield, IL
HB 4515, Senator Don Harmon
Amends the Nursing Home Care Act. Requires the Department of Public Health to make the Health Care Worker Registry that includes background check and training information accessible by health care employers. Allows the Department to maintain a publicly accessible registry. Makes changes regarding information that must be contained in the registry accessible to health care employers. Requires the Department to limit specific offense information on an applicant or employee. Requires that after June 30, 2016, the public registry report that an individual is ineligible for employment if he or she has a disqualifying offense under the Health Care Worker Background Check Act and has not received a waiver under that Act. Requires that the public registry report than an individual is eligible for employment if he or she has received a waiver but not the waiver information. Amends the Health Care Worker Background Check Act. Allows a health care employer or long-term care facility to hire, employ or retain an individual with duties involving direct care for or contact with clients, patients, or residents or access to the living quarters or the financial, medical, or personal records of residents who has been convicted of committing or attempting to commit certain offenses only if the individual has received a waiver under the Act. Provides that the Department of Public Health may, at the discretion of the Director of Public Health, grant a waiver to an applicant, student, or employee listed on the registry. Provides that when the Department of Public Health sends an applicant, student, or employee written notification of its decision whether to grant a waiver, the written notification shall include a list of the specific disqualifying offense for which the waiver is being granted not denied. Provides that the Department shall issue additional copies of the written notification upon the applicant’s, student’s, or employee’s request. Creates a Health Care Worker Registry working group in the Office of the Governor. Provides that the Department of Public Health and the Governor’s Office shall provide the working group with any relevant aggregate data currently available that is related to the waiver process and its effectiveness. Provides that the working group shall identify any gaps in information currently collected that would inform the working group’s efforts and make recommendations to the Governor’s Office and the General Assembly about what additional data should be collected to evaluate and monitor the success of the waiver process by July 1, 2017. Makes other changes.
HB 5805, Senator Jennifer Bertino-Tarrant
Amends the Criminal Code of 2012. Provides that a prosecution for theft of property (rather than involving real property) exceeding $100,000 in value or financial exploitation of an elderly person or a person with a disability may be commenced within 7 years of the last act committed in furtherance of the crime.
HB 6037, Senator David Koehler
Amends the Unified Code of Corrections. Provides that the following ground shall be accorded
weight in favor of withholding or minimizing a sentence of imprisonment that at the time of the offense, the defendant was suffering from a serious mental illness which, though insufficient to establish the defense of insanity, substantially affected his or her ability to understand the nature of his or her acts or to conform his or her conduct to the requirements of the law.
Senate State Government & Veterans Affairs Committee
Subcommittee on Prison Operation
May 11, 2016, 2:00 p.m.
Room 409, Capitol Building
Springfield, IL
SUBJECT MATTER: Impact of the Budget Impasse
- To file an electronic witness slip: Click
Senate Insurance Committee
May 11,, 2016, 4:00 p.m.
Room 400, Capitol Building
Springfield, IL
HB 3549, Senator Julie A. Morrison
HB 3459 is currently a shell bill. SA 2 and SA 3 have been filed, but as of this writing have not been referred to the Senate Insurance Committee. SA 2 and SA 3 amend the Managed Care Reform and Patient Rights Act with regard to the medical exceptions process and set forth the conditions/criteria under which a step therapy requirement exception request must be approved.
- To read full text of HB 3549, SA 2: Click
- To read full text of HB 3549, SA 3: Click
- To file an electronic witness slip on HB 3549: Click
*Indicates Equip for Equality’s position or comments on a bill
NOTE: If you wish to take any action regarding any of these bills/issues, you may wish to attend the committee hearing and/or contact the members of the Committee conducting the hearing and/or the legislators in your home district. The names, addresses, and telephone numbers of all legislators, both Representatives and Senators, can be found on the Illinois General Assembly website at: www.ilga.gov. You may check this website to find out if any of the committee hearing dates or times have been changed, which may happen upon very short notice. You may also use this website to file an electronic witness slip for any bill that is posted for hearing by clicking on “GA Dashboard” on the homepage.
For additional information, please contact:
Cheryl R. Jansen
Public Policy Director
Equip for Equality
217-544-0464 ext. 6013
