LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITY
Note: February 10, 2022, is the deadline to pass substantive bills out of committee in the Illinois Senate.
______________________________________________________________________
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 January 31, 2022:
House Appropriations-Elementary & Secondary Education Committee
February 8, 2022, 2:00 p.m.
Virtual Room 1 www.ilga.gov
Springfield, IL
SUBJECT MATTER HEARING: Early Childhood Education, Special Education.
- To file an electronic witness slip for the subject matter hearing: Click
House Human Services Committee
February 9, 2022, 9:00 a.m.
Virtual Room 3 www.ilga.gov
Springfield, IL
HB 65, Representative Mary E. Flowers
Amends the Illinois Public Aid Code. Provides that a redetermination of eligibility for
medical assistance benefits shall be conducted once every 12 months. Effective January 1, 2022.
HB 2420, Representative Maurice A. West, II
Amends the Illinois Act on Aging, the Rehabilitation of Persons with Disabilities Act, and the Illinois Public Aid Code. Provides that individuals with a score of 29 or higher based on the determination of need (DON) assessment tool shall be eligible to receive services through the Community Care Program, services to prevent unnecessary or premature institutionalization, and services through the program of supportive living facilities. Further amends the Illinois Public Aid Code. Provides that on and after July 1, 2023, level of care eligibility criteria for home and community-based services for medically fragile and technology dependent children shall be no more restrictive than the level of care criteria in place on January 1, 2021. Requires the Department of Healthcare and Family Services to execute, relative to the nursing home prescreening project, written agreements with the Department of Human Services and the Department on Aging to effect, on and after July 1, 2023, an increase in the DON score threshold to 37 for applicants for institutional long term care, subject to federal approval. Provides that on and after July 1, 2023 but before July 1, 2025, continuation of a nursing facility stay that began on or before June 30, 2023 by a person with a DON score between 29 and 36 may be covered when such stay would be otherwise eligible under this Code, provided the nursing facility performs certain actions. Requires the Department to, by rule, set a maximum total number of individuals to be covered and other limits on utilization that it deems appropriate. Effective July 1, 2023.
HB 4606, Representative Anna Moeller
Amends the Mental Health and Developmental Disabilities Administrative Act. Changes
references from “direct support person” to “direct support professional”. Provides that the direct support professional credential pilot program shall be administered by the Division of Developmental Disabilities of the Department of Human Services or a Division partner. Provides that the Program shall begin in Fiscal Year 2024.
HB 4791, Representative Deb Conroy
Amends the Department of Human Services Act. Requires the Department of Human Services to develop, within 6 months after the effective date of the amendatory Act, an assessment protocol and training for tardive dyskinesia and other drug-induced involuntary movement disorders. Requires the Department to make the assessment protocol and training available to all State agencies that contract for or directly provide housing services. Requires the Department to utilize the assessment protocol to train the appropriate staff and screen all residents of facilities operated by the Department who have been prescribed psychotropic medication. Requires the Department to publish on its website a report on the number of facility residents assessed for tardive dyskinesia and other drug-induced involuntary movement disorders. Prohibits the Department from publishing medical information specific to a resident that may violate the resident’s privacy. Amends the Children and Family Services Act, the Department of Veterans’ Affairs Act, and the Unified Code of Corrections. Requires the Department of Children and Family Services, Department of Veterans’ Affairs, Department of Corrections, and Department of Juvenile Justice to utilize the assessment protocol to train their staff on tardive dyskinesia and other drug-induced involuntary movement disorders and to screen residents of facilities operated by those Departments who have been prescribed psychotropic medication. Effective immediately.
House Health Care Licenses Committee
February 9, 2022, 10:00 a.m.
Virtual Room 4 www.ilga.gov
Springfield, IL
HB 4676, Representative Deb Conroy
Creates the Second Chance State Behavioral Health Workforce Development Act. Contains findings. Provides that each institution of higher education shall annually allow for the admission of at least one returning resident (a person who is a resident of and domiciled in Illinois, has graduated from high school or the equivalent, has been convicted of a felony by a specified court, was sentenced to incarceration pursuant to that conviction, and is no longer incarcerated) in an undergraduate or graduate academic program that will lead to the qualification of the returning resident as a behavioral health care professional. Provides that the returning resident shall not be required to pay any tuition, fee, or other charge for any class the returning resident takes if the State appropriates funds for reimbursement. Provides that the Illinois Student Assistance Commission shall contract with community-based organizations and legal service providers to provide specified services to returning residents. Provides that certain criminal convictions and dispositions are not cause for a licensing agency to deny an individual a license, permission, or authorization to be a behavioral health care professional. Provides that a licensing agency shall consider specified mitigating factors when considering an application for a license, permission, or other authorization to be a behavioral health care professional. Provides that, if a licensing agency refuses to issue a license, permission, or other authorization to perform a behavioral health care profession based upon a conviction, the licensing agency shall notify the individual of the denial with specified information included in the notice of denial. Provides that neither the Commission nor a community-based organization providing services under the Act shall enter into a contractual or other financial, service, or volunteer relationship with and shall not pay any money or provide any other form of consideration to specified persons or entities. Provides that institutions of higher education shall strictly comply with the Act and the Commission shall take actions necessary to obtain compliance and enforce the Act. Contains provisions concerning judicial proceedings, certifications, adoption of rules, notices, conflicts, severability, and other matters. Effective immediately.
House State Government Administration Committee
February 9, 2022, 2:00 p.m.
Virtual Room 4 www.ilga.gov
Springfield, IL
HB 3220, Representative Curtis J. Tarver, II
Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Defines “good faith effort” for purposes of the Act. Provides factors for determining whether a good faith effort to comply with the goals for participation by minorities, women and persons with disabilities has been made for purposes of granting a waiver under the Act. Provides for a uniform standard of contract goals for State agencies, public institutions of higher education, and other departments. Specifies further requirements concerning the uniform standard of contract goals. Provides that the terms of every contract entered into by a State agency or public institution of higher education for purposes of the Act shall include a provision requiring vendors who fail to comply with a utilization plan to return all funds paid to that vendor with an expectation of compliance. Provides that the Business Enterprise Council may (rather than shall) grant a waiver under specified circumstances. Makes conforming changes.
HB 4937, Representative Dagmara Avelar
Amends the State Treasurer Act. In provisions concerning the ABLE account program, provides that a “designated representative” means a person or entity (currently, person only) who is authorized to act on behalf of a “designated beneficiary”. Provides that a person or entity seeking to open an ABLE account on behalf of a designated beneficiary must provide certification, subject to penalties of perjury, of the basis for the person’s or entity’s authority to act as a designated representative and that there is no other person or entity with higher priority to establish the ABLE account. Removes provisions allowing the State Treasurer to recognize specified persons or entities as a designated representative without appointment by a court. Provides that the State Treasurer may require any certifications that he or she deems necessary to implement the ABLE program, including oaths or affirmations made under penalties of perjury. Defines “Internal Revenue Code”. Effective immediately.
House Immigration & Human Rights Committee
February 9, 2022, 3:00 p.m.
Virtual Room 3 www.ilga.gov
Springfield, IL
HB 4605, Representative Jennifer Gong-Gershowitz
Amends the Illinois Human Rights Act. Provides that it is a violation for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesman to otherwise make unavailable or deny a dwelling because of unlawful discrimination, familial status, or an arrest record. Allows a plaintiff or defendant to demand a trial by jury for specified civil actions. Allows a circuit court or jury to award any remedy set forth under a provision regarding a hearing on a complaint upon the finding of a civil rights violation. Effective immediately.
House Appropriations-Human Services Committee
February 10, 2022, 8:00 a.m.
Virtual Room 2 www.ilga.gov
Springfield, IL
SUBJECT MATTER HEARING: HRC (Human Rights Commission), DHR (Department of Human Rights), CTB
- To file an electronic witness slip for the subject matter hearing: Click
House Revenue & Finance Committee
February 10, 2022, 9:00 a.m.
Virtual Room 4 www.ilga.gov
Springfield, IL
HB 4043, Representative Frances Ann Hurley
Amends the Property Tax Code. Provides that a veteran who has a service connected disability of 100% need not reapply for the homestead exemption for veterans with disabilities. Effective immediately.
Assigned to Property Tax Subcommittee:
HB 4228, Representative Jay Hoffman
Amends the Property Tax Code, the Community Care for Persons with Developmental Disabilities Act, the Counties Code, and the Community Mental Health Act. Contains provisions validating certain tax levies for community mental health boards. Effective immediately.
Senate Education Committee
February 8, 2022, 1:30 p.m.
Virtual Room 1 www.ilga.gov
(or Room 212, Capitol Building*)
Springfield, IL
SB 4028, Senator Mike Simmons
Amends the Critical Health Problems and Comprehensive Health Education Act. With respect to the Comprehensive Health Education Program, requires that the instruction on mental health and illness discuss how and where to find mental health resources in this State. Effective immediately.
Senate Health Committee
February 8, 2022, 3:30 p.m.
Virtual Room 2 www.ilga.gov
(or Room 400, Capitol Building*)
Springfield, IL
SB 3132, Senator Laura Fine
Amends the Rehabilitation of Persons with Disabilities Act. In provisions concerning the Department of Human Services’ Home Services Program, provides that subject to federal approval the Department shall allow a recipient’s spouse to serve as his or her provider of personal care or similar services. Effective immediately.
SB 3977, Senator Laura Fine
Amends the Department of Human Services Act. Requires the Department of Human Services to develop, within 6 months after the effective date of the amendatory Act, an assessment protocol and training for tardive dyskinesia and other drug-induced involuntary movement disorders. Requires the Department to make the assessment protocol and training available to all State agencies that contract for or directly provide housing services. Requires the Department to utilize the assessment protocol to train the appropriate staff and screen all residents of facilities operated by the Department who have been prescribed psychotropic medication. Requires the Department to publish on its website a report on the number of facility residents assessed for tardive dyskinesia and other drug-induced involuntary movement disorders. Prohibits the Department from publishing medical information specific to a resident that may violate the resident’s privacy. Amends the Children and Family Services Act, the Department of Veterans’ Affairs Act, and the Unified Code of Corrections. Requires the Department of Children and Family Services, Department of Veterans’ Affairs, Department of Corrections, and Department of Juvenile Justice to utilize the assessment protocol to train their staff on tardive dyskinesia and other drug-induced involuntary movement disorders and to screen residents of facilities operated by those Departments who have been prescribed psychotropic medication. Effective immediately.
SB 4006, Senator Melinda Bush
Amends the Autism Spectrum Disorders Reporting Act. Provides that, no later than December 31st of each year, the Department of Human Services shall submit a report to the General Assembly regarding access to applied behavior analysis therapy for people diagnosed with autism spectrum disorders. Requires the Department of Healthcare and Family Services and the Department of Insurance to provide all necessary data upon request to the Department of Human Services to facilitate the timely and accurate completion of the report. Sets forth information that the report shall include.
Senate Judiciary Committee
February 8, 2022, 3:30 p.m.
Virtual Room 3 www.ilga.gov
(or Room 409, Capitol Building*)
Springfield, IL
SB 3657, Senator Robert F. Martwick
Amends the Mental Health and Developmental Disabilities Confidentiality Act. Removes language permitting disclosure of a record or communication without consent to an advocate consulted by a therapist or agency which provides services concerning the therapist’s or agency’s legal rights or duties in relation to the recipient and the services being provided. Provides that a notation of the information disclosed and the purpose of such disclosure or use is not required to be noted in the recipient’s record in the case of a disclosure to an attorney consulted by a therapist or agency which provides services concerning the therapist’s or agency’s legal rights or duties in relation to the recipient and the services being provided.
SB 4011, Senator Thomas Cullerton
Amends the Resignation and Removal of Representative Article of the Probate Act of 1975. Provides that a guardian ad litem may be removed for good cause for: failure to comply with the duties of a guardian ad litem; committing any criminal or unlawful act that reflects adversely on the guardian ad litem’s honesty, trustworthiness, or fitness as a guardian ad litem; in the performance of guardian ad litem duties, by words or conduct, manifesting bias or prejudice based upon race, color, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status; or engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Senate Behavioral and Mental Health Committee
February 8, 2022, 5:30 p.m.
Virtual Room 3 www.ilga.gov
(or Room 409, Capitol Building*)
Springfield, IL
SB 2943, Senator Karina Villa
Amends the Children with Disabilities Article of the School Code. Grants the Community
and Residential Services Authority the authority to provide to youth in this State who are eligible for placement in a residential facility, but who have not been placed in a facility with the opportunity to be placed in a residential facility through the use of an individual agreement. Sets forth the duties of the Community and Residential Services Authority in regard to the placement of youth under an individual agreement in residential placement facilities, including prioritizing residential programs that have been approved by State agencies and preparing the individual agreement contract to be used by State agencies.
SB 3617, Senator Laura Fine
Creates the Ensuring a More Qualified, Competent, and Diverse Community Behavioral Health Workforce Act. Requires the Department of Human Services, Division of Mental Health, to award grants or contracts to licensed community mental health centers or behavioral health clinics to establish or enhance training and supervision of interns and behavioral health providers-in-training pursuing licensure as a licensed clinical social worker, licensed clinical professional counselor, and licensed marriage and family therapist. Creates the Mental Health Assessment Reform Act to remove barriers to care in the Medicaid mental health assessment and treatment planning process. Creates the Recovery and Mental Health Tax Credit Act. Requires the Department to establish and administer a recovery tax credit program to provide tax incentives to qualified employers who employ eligible individuals in recovery from a substance use disorder or mental illness in part-time and full-time positions. Creates an Advisory Council to advise the Department regarding employment of persons with mental illnesses and substance use disorders in minority communities. Amends the Illinois Income Tax Act to make conforming changes. Amends the Department of Healthcare and Family Services Law of the Civil Administrative Code. Requires the Department of Healthcare and Family Services to take all necessary action to ensure that proposed modifications, additions, deletions, or amendments to the healthcare and behavioral healthcare (mental health and substance use disorder) provisions of the Illinois Public Aid Code are announced, shared, disseminated, and explained prior to the Department undertaking such proposed modifications, if legally possible and subject to federal law. Amends the Clinical Social Work and Social Work Practice Act. Provides that an individual applying for licensure as a clinical social worker who has been licensed at the independent level in another jurisdiction for 5 (rather than 10) consecutive years without discipline is not required to submit proof of completion of education and supervised clinical professional experience. Makes similar changes to the Marriage and Family Therapy Licensing Act and to the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Effective immediately.
SB 3889, Senator Meg Loughran Cappel
Creates the Children’s Mental Health Council Act. Provides that the Children’s Mental Health Council shall conduct at least 4 meetings each year, in addition to emergency meetings called by the chairperson of the Council, research and provide recommendations for the General Assembly on children with mental and behavioral disabilities and residential placements around the State and out of state, research and provide recommendations on how State agencies will be able to provide emergency placement for children with disabilities, research and provide recommendations on expanding residential beds and increasing the workforce, and providing recommendations for the General Assembly, State Board of Education, Department of Children and Family Services, Department of Healthcare and Family Services, Department of Juvenile Justice, and any other agency that is involved in the process of the placement of a child. Provides guidelines for appointing members. Provides terms for members appointed by the Governor. Provides that members shall serve without compensation. Provides that the State Board of Education shall provide administrative support. Provides that the Council shall prepare and deliver annual reports to the General Assembly, the Governor, and State agencies with any recommendations for legislation and any additional recommendations regarding children’s mental and behavioral health. Provides that the Act is repealed on January 1, 2032. Effective immediately.
SB 3911, Senator Laura Fine
Amends the Department of Healthcare and Family Services Law of the Civil Administrative Code of Illinois. Requires the Department of Healthcare and Family Services, subject to federal law, to take all necessary action to ensure that proposed modifications, additions, deletions, or amendments to the healthcare and behavioral healthcare (mental health and substance use disorder) provisions of the Illinois Public Aid Code are announced, shared, disseminated, and explained prior to the Department undertaking such proposed modifications, if legally possible. Requires the Department to provide consumer or patient advocacy groups, managed care organizations under contract with the Department, and other interested parties with notice, information, and opportunity to comment, object, or support prior to final action upon, addition, modification, deletion, or amendment to the healthcare and behavioral healthcare (mental health and substance use disorder) provisions to or from the Illinois Public Aid Code or rules or regulations promulgated based upon the Illinois Public Aid Code, for which the Department has authority over. Requires the Department to give the interested parties the opportunity to provide input and advice upon proposed actions of the Department regarding healthcare and behavioral healthcare (mental health and substance use disorder) provisions to or from the Illinois Public Aid Code or Department rules. Provides that the amendatory Act shall not be construed to modify or grant preferences to the interested parties over any other party or the public with respect to the Department’s administrative or legislative activities; nor grant the interested parties the right to block or veto Department action.
Senate State Government Committee
February 9, 2022, 2:00 p.m.
Virtual Room 3 www.ilga.gov
(or Room 409, Capitol Building*)
Springfield, IL
SB 4025, Senator Rachelle Crowe
Amends the Department of Human Services Act. In a provision concerning Inspector General reports to the Department of Public Health’s Health Care Worker Registry, requires the Inspector General to report the identity and finding of each employee of a facility or agency against whom there is a final investigative report prepared by the Inspector General that contains a substantiated allegation of physical or sexual abuse, financial exploitation, or egregious neglect of an individual, unless the Inspector General requests a stipulated disposition of the investigative report that does not include the reporting of the employee’s name to the Health Care Worker Registry and the Secretary of Human Services agrees with the requested stipulated disposition. Effective immediately.
Senate Revenue Committee
February 9, 2022, 4:00 p.m.
Virtual Room 2 www.ilga.gov
(or Room 400, Capitol Building*)
Springfield, IL
SB 3215, Senator Scott M. Bennett
Amends the Property Tax Code, the Community Care for Persons with Developmental Disabilities Act, the Counties Code, and the Community Mental Health Act. Contains provisions validating certain tax levies for community mental health boards. Effective immediately.
NOTE: If you wish to take 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
