LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITY
April 24, 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 April 24, 2023. NOTE: Friday, April 28, 2023, is the deadline to get substantive bills out of committee in the opposite chamber.
House Appropriations-Health & Human Services Committee
April 25, 2023, 10:00 a.m.
Virtual Room 1, www.ilga.gov
Springfield, IL
SUBJECT MATTER: FY 24 Budget
- To file an electronic witness slip for the subject matter hearing: Click
House Agriculture and Conservation Committee
April 25, 2023, 2:00 p.m.
Room 115, Capitol Building
Springfield, IL
HR 175, Representative Diane Blair Sherlock
Declares April 30, 2023 as Therapy Animal Day in the State of Illinois.
House Insurance Committee
April 25, 2023, 2:00 p.m.
Room C-1, Stratton Building
Springfield, IL
SB 1568, Representative Bob Morgan
Amends the Illinois Insurance Code. Provides that the Department of Insurance shall collect specified information concerning disability insurance plans and limitations on mental health and substance use disorder benefits. Provides that the Department shall present its findings regarding information collected under the provisions to the General Assembly no later than April 30, 2024. Provides that information regarding a specific insurance provider’s contributions to the Department’s report is exempt from disclosure under a specified provision of the Freedom of Information Act.
SB 2195, Representative Will Guzzardi
Amends the Accident and Health Article of the Illinois Insurance Code. Provides that with respect to an enrollee at any age, in addition to coverage of a prosthetic or custom orthotic device, benefits shall be provided for a prosthetic or custom orthotic device determined by the enrollee’s provider to be the most appropriate model that is medically necessary for the enrollee to perform physical activities, as applicable, such as running, biking, swimming, and lifting weights, and to maximize the enrollee’s whole body health and strengthen the lower and upper limb function. Provides that the requirements of the provisions do not constitute an addition to the State’s essential health benefits that requires defrayal of costs by the State pursuant to specified federal law. Effective January 1, 2025.
House Judiciary-Criminal Committee
April 25, 2023, 4:00 p.m.
Room D-1, Stratton Building
Springfield, IL
SB 2197, Representative Edgar Gonzalez, Jr.
Amends the Unified Code of Corrections. Provides that the Department of Juvenile Justice Office of Independent Juvenile Ombudsman also shall be ombudsman for county-operated juvenile detention centers. Provides that the Ombudsman shall secure the rights of youth committed to county-operated juvenile detention centers. Provides that, with respect to county-operated juvenile detention centers, the Ombudsman shall report to a local commission concerning: (1) the work of the Ombudsman; (2) the status of any review or investigation undertaken by the Ombudsman; and (3) any recommendations that the Ombudsman has relating to a systemic issue in the Department of Juvenile Justice’s or a county-operated juvenile detention center’s provision of services and any other matters for consideration by the General Assembly and the Governor. Also provides for the reporting of this information with respect to county-operated juvenile detention centers, to the chief judge of the applicable judicial circuit and shall make the data publicly available. Provides that the commission shall be established by ordinance of the county board of the county in which the county-operated juvenile detention center is located, and, at a minimum, shall include the chief judge, the State’s Attorney, the Public Defender, a correctional administrator, and an advocate for justice system impacted families and individuals. Provides that, to the extent that any county-operated juvenile detention center provides services to counties beyond the one in which it is located, the Independent Juvenile Ombudsman shall also provide a copy of the data to the county boards of the counties served by the county-operated juvenile detention center. Provides that for cases that arise in county-operated juvenile detention centers, the Independent Juvenile Ombudsman shall report the data to the chief judge of the applicable judicial circuit and the Director of the Administrative Office of the Illinois Courts concerning: (1) cases of severe abuse or injury of a youth; (2) serious misconduct, misfeasance, malfeasance, or serious violations of policies and procedures concerning the administration of a county-operated juvenile detention center program or operation; (3) serious problems concerning the delivery of services in a county-operated juvenile detention center; (4) interference by the county-operated juvenile detention center with an investigation conducted by the Office of the Independent Juvenile Ombudsman; and (5) other cases as deemed necessary by the Ombudsman. Provides that with respect to county-operated juvenile detention centers, the Ombudsman shall provide data responsive to: (1) the work of the Ombudsman; (2) the status of any review or investigation undertaken by the Ombudsman, but the data may not contain any confidential or identifying information concerning the subjects of the reports and investigations; and (3) any recommendations that the Independent Juvenile Ombudsman has relating to a systemic issue in the county-operated juvenile detention center’s provision of services and any other matters for consideration by the General Assembly to the chief judge of the applicable judicial circuit and to the Director of the Administrative Office of the Illinois Courts, and shall make the data publicly available.
House Human Services Committee
April 26, 2023, 8:30 a.m.
Room D-1, Stratton Building
Springfield, IL
HB 2204, Representative LaShawn K. Ford
Amends the Substance Use Disorder Act. In provisions requiring the Department of Human Services to establish a public education program regarding gambling disorders, requires the program to (i) promote public awareness to create a gambling informed State regarding the impact of gambling disorders on individuals, families, and communities and the stigma that surrounds gambling disorders and (ii) use screening, crisis intervention, treatment, public awareness, prevention, in-service training, and other innovative means to decrease the incidents of suicide attempts related to a gambling disorder or gambling issues. Requires the Department to determine a statement regarding obtaining assistance with a gambling disorder, which each licensed gambling establishment owner shall post and each master sports wagering licensee shall include on the master sports wagering licensee’s portal, Internet website, or computer or mobile application. Permits the Department: to provide advice to State and local officials on gambling disorders; to support gambling disorder prevention, recognition, treatment, and recovery projects; to collaborate with other community-based organizations, substance use disorder treatment centers, or other health care providers engaged in treating individuals who are experiencing gambling disorder; and to perform other actions. Permits the Department to award grants to create or support local gambling prevention, recognition, and response projects. Makes other changes.
SB 505, Representative Elizabeth “Lisa” Hernandez
Amends the Rehabilitation of Persons with Disabilities Act. In a provision concerning personal care services under the Home Services Program, includes a program recipient’s guardian, kin, or siblings to the list of persons the Department of Human Services shall allow to serve as a program recipient’s provider of personal care or similar services. In a provision concerning wages to personal assistants, provides that wages and other benefits for personal assistants shall not count against benefits that guardians receive as outlined in the Guardians for Adults with Disabilities Article of the Probate Act of 1975.
SB 855, Representative Lindsey LaPointe
Provides that the Act may be referred to as the Residential Facility Safety and Support Act. Amends the Department of Human Services Act. In provisions concerning investigative reports issued by the Department of Human Services’ Inspector General that pertain to allegations of resident abuse or neglect at State-operated mental health facilities, expands the list of reportable conduct to include material obstruction of an investigation by a facility employee. Requires the Inspector General to report to the Department of Public Health’s Health Care Worker Registry, the identity and finding of each employee of a facility or agency against whom there is a final investigative report prepared by the Office of the Inspector General containing a substantiated allegation of material obstruction of an investigation. Defines “material obstruction of an investigation” and “presenting untruthful information”. Amends the Mental Health and Developmental Disabilities Administrative Act. Prohibits mental health facilities or agencies that are licensed, certified, operated, or funded by the Department of Human Services from employing any person identified by the Health Care Worker Registry as having been the subject of a substantiated finding of physical abuse, sexual abuse, financial exploitation, egregious neglect, or material obstruction of an investigation (rather than abuse or neglect of a service recipient). Amends the Health Care Worker Background Check Act. Prohibits health care employers from hiring or retaining any individual in a position with duties involving direct care of clients, patients, or residents who has a finding by the Department of Human Services denoted on the Health Care Worker Registry of material obstruction of an investigation. Effective immediately.
SB 1497, Senator Maura Hirschauer
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. Provides that devices used for positioning, including, but not limited to, bed rails and gait belts, shall not be considered to be physical restraints for purposes of the Act unless the device is used to restrain or otherwise limit the patient’s freedom to move. Provides that a device used for positioning must be requested by the resident, the resident’s guardian, or the resident’s authorized representative, or the need for that device must be physically demonstrated by the resident and documented in the resident’s care plan. Specifies that the physically demonstrated need of the resident for a device used for positioning must be revisited in every comprehensive assessment of the resident. Provides that psychotropic medication shall only be given in both emergency and nonemergency situations if the diagnosis of the resident supports the benefit of the medication and clinical documentation in the resident’s medical record supports the benefit of the medication over the contraindications related to other prescribed medications. 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.
SB 2039, Representative Nabeela Syed
Amends the School Code. In provisions concerning the Prioritization of Urgency of Need for Services database, makes changes to the findings, and changes references from “Prioritization of Urgency of Need for Services” to “PUNS”. Provides that the State Board of Education shall work in consultation with the Department of Human Services and with school districts to ensure that all students with intellectual disabilities or developmental disabilities and their parents or guardians are informed about the PUNS database (instead of the State Board of Education may work with school districts to inform all students with developmental disabilities and their parents or guardians about the Prioritization of Urgency of Need for Services database). Makes changes regarding the computer-based training program. Provides that during the student’s annual individualized education program (“IEP”) review meeting, if the student has an intellectual disability or a developmental disability, the student’s IEP team shall determine the student’s PUNS database registration status based upon information provided by the student’s parents or guardian or by the student. Sets forth related requirements. Removes a provision requiring the Department of Human Services to consider the length of time spent on the Prioritization of Urgency of Need for Services waiting list, in addition to other factors considered, when selecting individuals on the list for services. Makes other changes.
SB 2322, Representative Charles Meier
Creates the Essential Support Person Act. Provides that a resident or the resident’s representative may designate a primary essential support person and a secondary essential support person who may visit the resident despite general visitation restrictions imposed on other visitors, provided that the primary essential support person or secondary essential support person complies with any rules adopted by the Department of Public Health to protect the health, safety, and well-being of residents. Tasks the Department with establishing a statewide policy for visitation with a resident. Requires the Office of State Long Term Care Ombudsman to perform specified duties. Contains other provisions. Provides that the definition of “facility” does not include a hospital or any facility that the Department of Public Health or the Department of Veterans’ Affairs does not regulate. Changes the definition of “facility” to remove a community-integrated living arrangement. Effective immediately.
House State Government Administration Committee
April 26, 2023, 2:00 p.m.
Room 118, Capitol Building
Springfield, IL
SB 2247, 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.
Senate Health and Human Services Committee
April 25, 2023, 4:00 p.m.
Room 400, Capitol Building
Springfield, IL
HB 2076, Senator Ann Gillespie
Amends the Nursing Home Care Act. Requires the Department of Public Health to adopt criteria, by rule, to identify distressed facilities and to publish a list of distressed facilities quarterly. Provides that no facility shall be identified as a distressed facility unless it has committed a violation or deficiency that has harmed a resident. Removes existing language requiring the Department of Public Health to generate and publish quarterly a list of distressed facilities based on specified criteria. In provisions relating to designation of distressed facilities, provides that the Department of Public Health shall, by rule, create a timeframe and a procedure on how a facility can be removed from the list and the list may not contain more than 40 facilities per quarter. Provides that a facility has the right to appeal a designation and the procedure for appealing shall be outlined in rule. Provides that a monitor may apply to the Equity in Long-term Care Quality Fund on behalf of the facility for grant funds to implement the plan of improvement. Provides that the Department’s mentor program is for owners and operators of distressed facilities and that the program shall provide technical assistance and guidance to facilities. Provides that the Department’s rule criteria for restricting the owners of a facility may not prohibit an owner who acquires ownership of a facility that is already on the distressed facility list before the owner’s acquisition of the facility from acquiring additional skilled nursing facilities. Excludes from the provisions homes, institutions, or other places operated by or under the authority of the Illinois Department of Veterans’ Affairs as those facilities are certified by the United States Department of Veterans Affairs and not the Centers for Medicare and Medicaid Services.
Senate Behavioral and Mental Health Committee
April 26, 2023, 11:00 a.m.
Room 400, Capitol Building
Springfield, IL
HB 3230, Senator Laura Fine
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, subject to appropriation. 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. Provides that the cost analysis shall include costs that are or can be reasonably attributed to: (i) staffing and technological infrastructure enhancements necessary to achieve operational and clinical standards and best practices set forth by the 9-8-8 Suicide and Crisis Lifeline (rather than costs that are or can be reasonably attributed to ensuring the efficient and effective routing of calls made to the 9-8-8 suicide prevention and behavioral health crisis hotline to the designated hotline center and community behavioral health centers); (ii) the need to develop staffing that is consistent with federal guidelines for (rather than staffing that is adequate for expedient) mobile crisis response times, based on call volume and the geography served; and (iii) the provision of call, text, and chat response; mobile crisis response; and follow-up and crisis stabilization services that are in response to the 9-8-8 Suicide and Crisis Lifeline. Removes all references to “Program 590” with “the Division of Mental Health’s Crisis Care Continuum Program”. Makes other technical changes. Effective immediately.
Senate Executive Committee
April 26, 2023, 1:30 p.m.
Room 212, Capitol Building
Springfield, IL
HB 3811, 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 funds contained in a College Savings Pool account may be rolled over into a Roth IRA account, to the extent permitted by Section 529 of the Internal Revenue Code. Provides that the ABLE Account Program may also be referred to as the Senator Scott Bennett ABLE Program. Effective immediately.
Senate Special Committee on Criminal Law and Public Safety
April 26, 2023, 3:00 p.m.
Room 409, Capitol Building
Springfield, IL
HB 3140, Senator Elgie R. Sims, Jr.
Creates the End Youth Solitary Confinement Act. Provides that the use of room
confinement at a juvenile or youth 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 21 years of age incarcerated in a Department of Juvenile Justice facility or any person under 18 years of age detained in a county facility under the authority of the local circuit court) 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.
Senate Appropriations-Health & Human Services Committee
April 26, 2023, 5:30 p.m.
Room 400, Capitol Building
Springfield, IL
SUBJECT MATTER: SB 2026, SB 121, SB 1600, SB 2499 (Note: additional bills will be discussed during the hearing that are not disability-related)
SB 2026, Senator Laura M. Murphy
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that for community-based providers serving persons with intellectual or developmental disabilities, the rates taking effect for services delivered on or after January 1, 2024 shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in 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 in by the Department of Human Services. 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 January 1, 2024 shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in 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 in rule by the Department of Healthcare and Family Services. Amends the Illinois Administrative Procedure Act. Grants the Departments of Human Services and Healthcare and Family Services emergency rulemaking authority. Effective immediately.
- To read the full text of SB 2026: Click
- To file an electronic witness slip for the subject matter hearing: Click
SB 121, Senator Karina Villa
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.
- To read the full text of SB 121: Click
- To file an electronic witness slip for the subject matter hearing: Click
SB 2499, Senator Elgie R. Simms, Jr.
Makes appropriations for the ordinary and contingent expenses of the Department of Human Services for the fiscal year beginning July 1, 2023, as follows: General Funds $6,343,934,966. Other State Funds $2,214,621,719. Federal Funds $4,876,127,284. Total $13,434,683,969.
SB 1600, Senator Celina Villanueva
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.
- To read the full text of SB 1600: Click
- 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
