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 March 4, 2019:
House Adoption & Child Welfare Committee
March 5, 2019, 2:00 p.m.
Room 122B, Capitol Building
Springfield, IL
HB 2432, Representative Mary E. Flowers
Amends the Administration of Psychotropic Medications to Children Act. Provides that the Department of Children and Family Services shall adopt rules requiring the Department to distribute treatment guidelines on an annual basis to all persons licensed under the Medical Practice Act of 1987 to practice medicine in all of its branches who prescribe psychotropic medications to youth for whom the Department is legally responsible. Provides that the Department shall prepare and submit an annual report to the General Assembly with specified information concerning the administration of psychotropic medication to youth for whom it is legally responsible. Amends the Medical Practice Act of 1987. Provides that the Department of Financial and Professional Regulation may revoke, suspend, place on probation, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action as the Department may deem proper with regard to the license or permit of any person issued under the Act upon repeated acts of clearly excessive prescribing, furnishing, or administering psychotropic medications to a minor without a good faith prior examination of the patient and medical reason. Makes other changes.
HB 2571, Representative Sara Feigenholtz
Amends the Child Care Act of 1969. Provides that “foster family home” means a facility for child care in residences of families who receive no more than 6 (rather than 8) children unrelated to them, unless all the children are of common parentage, or residences of relatives who receive no more than 6 related children placed by the Department of Children and Family Services, unless the children are of common parentage, for the purpose of providing family care and training for the children on a full-time basis, except the Director of Children and Family Services, pursuant to Department regulations, may waive the numerical limitation of foster children who may be cared for in a foster family home for any of the following reasons to allow: (1) a parenting youth in foster care to remain with the child of the parenting youth; (2) siblings to remain together; (3) a child with an established meaningful relationship with the family to remain with the family; or (4) a family with special training or skills to provide care to a child who has a severe disability. Amends the Juvenile Court Act of 1987. Provides that within 35 days after placing a child in its care in a qualified residential treatment program, as defined by the federal Social Security Act, the Department shall file a written report with the court and send copies of the report to all parties. Provides that within 20 days of the filing of the report, the court shall hold a hearing to consider the Department’s report and determine whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and if the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child. Makes other changes.
House Appropriations-Elementary & Secondary Education Committee
March 5, 2019, 2:00 p.m.
Room D-1, Stratton Building
Springfield, IL
SUBJECT MATTER: Early Childhood, Community and Residential Services Authority, District Intervention, Special Education.
- To file an electronic witness slip for the subject matter hearing: Click
HB 12, Representative Mary E. Flowers
Appropriates $1,000,000 from the General Revenue Fund to the State Board of Education for autism programs. Effective July 1, 2019.
House Insurance Committee
March 5, 2019, 2:00 p.m.
Room 114, Capitol Building
Springfield, IL
HB 2160, Representative Deb Conroy
Amends the Illinois Insurance Code. Requires the Department of Insurance to develop a uniform electronic prior authorization form to be used by an insurer that provides prescription drug benefits when requiring prior authorization. Provides that the development of the uniform electronic prior authorization form shall include input from specified interested parties and that the Department of Insurance shall take into consideration certain existing prior authorization forms and national standards pertaining to electronic authorization. Includes procedures for when a completed and accurate uniform electronic prior authorization form is not accepted by the insurer. Amends the Illinois Public Aid Code. Requires the Department of Healthcare and Family services to develop a uniform electronic prior authorization form to be used by a managed care organization that provides prescription drug benefits when requiring prior authorization. Provides that the development of the uniform electronic prior authorization form shall include input from specified interested parties and that the Department of Healthcare and Family Services shall take into consideration certain existing prior authorization forms and national standards pertaining to electronic authorization. Includes procedures for when a completed and accurate uniform electronic prior authorization form is not accepted by the managed care organization.
House Health Care Availability & Accessibility Committee
March 5, 2019, 4:00 p.m.
Room 122B, Capitol Building
Springfield, IL
HB 2142, Representative William Davis
Amends the Mental Health and Developmental Disabilities Code. Provides that until the consent of the adult’s guardian has been obtained, counseling or psychotherapy provided to an adult under guardianship shall be limited to not more than 12 (rather than 5) sessions, a session lasting not more than 60 (rather than 45) minutes.
House Judiciary-Criminal Committee
March 5, 2019, 4:00 p.m.
Room 118, Capitol Building
Springfield, IL
HB 182, Representative La Shawn K. Ford
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.
HB 283, Representative David McSweeney
Amends the Mental Health and Developmental Disabilities Code. Provides that the Department of State Police shall annually compile and submit a report to the Governor and General Assembly no later than May 31 of each calendar year on the number of persons reported as posing a clear and present danger to themselves or others by persons required to report that information to the Department of State Police under the Code. Provides that the report shall be based on information submitted by each county, municipality, public elementary or secondary school, private elementary or secondary school, or public or private community college, college, or university of the State without disclosing individual identifying information of the persons who pose the clear and present danger to themselves or others. Provides that if the person who poses the clear and present danger is reported by home address and the person attends a school, college, or university, then the compilation shall only include that individual once in the report for the total annual compilation.
HB 1486, Representative Tony McCombie
Amends the Humane Care for Animals Act. Provides that a person who willfully or maliciously tortures, mutilates, injures, disables, poisons, or kills any animal used by a law enforcement department or agency in the performance of the functions or duties of the department or agency of when placed off duty, any service animal, any search and rescue dog, any law enforcement, service, or search and rescue animal in training, or any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or while off duty, if the animal is not killed or totally disabled, the person is guilty of a Class 3 felony, and if the animal is killed or totally disabled, the person is guilty of a Class 2 felony. Provides that a person who kills or severely injures any animal used by a law enforcement department or agency in the performance of the functions or duties of the department or agency of when placed off duty, any service animal, any search and rescue dog, any law enforcement, service, or search and rescue animal in training, or any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or while off duty, while he or she is in the commission of a felony, is guilty of a Class 2 felony. Provides that if the offender is found guilty, the offender shall is responsible for any veterinarian bills for the animal that was injured and training costs for another animal, if the animal injured or killed is no longer able to be in service. Makes other changes.
HB 1645, Representative Jonathan Carroll
Amends the Criminal Code of 2012. Provides that a person commits misrepresentation of a service animal when he or she knowingly represents, expressly or impliedly, that the animal is a service animal for the purpose of securing the rights and privileges afforded to a person with a disability accompanied by a service animal and the person knew or should have known that the animal is not a service animal. Provides that the refusal to answer questions from a law enforcement officer permitted under federal regulation creates a permissive inference that the animal is not a service animal and the law enforcement officer may require the person to remove the animal from the place of public accommodation. Misrepresentation of a service animal is a petty offense. Defines “service animal”.
HB 2277, Representative Thomas Morrison
Amends the Humane Care for Animals Act. Provides that a person who willfully or maliciously tortures, mutilates, injures, disables, poisons, or kills any animal used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when off duty, any service animal, any search and rescue dog, any law enforcement, service, or search and rescue animal in training, or any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or when off duty, if the animal is not killed or totally disabled, the person is guilty of a Class 3 felony, and if the animal is killed or totally disabled, the person is guilty of a Class 2 felony. Provides that a person who kills or severely injures any animal used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when off duty, any service animal, any search and rescue dog, any law enforcement, service, or search and rescue animal in training, or any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or when off duty, while he or she is in the commission of a felony, is guilty of a Class 2 felony. If the offender is found to be guilty under the provision, the offender shall be responsible for any veterinarian bills for an animal that was injured, and training costs for another animal, if the animal injured or killed is no longer able to be in service. Makes other changes.
HB 2987, Representative William Davis
Creates the Protection of Individuals with Disabilities in the Criminal Justice System Task Force Act of 2019. Re-establishes the Protection of Individuals with Disabilities in the Criminal Justice System Task Force. Specifies membership and appointment of the Task Force. Provides that the Guardianship and Advocacy Commission shall provide administrative and other support to the Task Force. Provides that the Task Force shall consider issues that affect adults and juveniles with disabilities with respect to their involvement with the police, detention and confinement in correctional facilities, representation by counsel, participation in the criminal justice system, communications with their families, awareness and accommodations for their disabilities, and concerns for the safety of the general public and individuals working in the criminal justice system. Provides that the Task Force shall make recommendations to the Governor and to the General Assembly regarding policies, procedures, legislation, and other actions that can be taken to protect the public safety and the well-being and rights of individuals with disabilities in the criminal justice system. Provides that the Task Force shall submit a report with its findings and recommendations to the Governor, the Attorney General, and to the General Assembly on or before September 30, 2020. Repeals Act on January 1, 2022.
House Human Services Committee
March 6, 2019, 8:30 a.m.
Room C-1, Stratton Building
Springfield, IL
HB 176, 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.
HB 344, Representative Thomas M. Bennett
Creates the Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act. Provides that under certain conditions, a resident of a living arrangement certified under the Community-Integrated Living Arrangements Licensure and Certification Act and a resident of a developmental disability facility shall be permitted to use an audio and video surveillance system in his or her room at his or her own expense. Requires the electronic monitoring device to be placed in a conspicuously visible location in the room. Requires the Department of Human Services to establish a program to distribute specified funds each year for the purchase and installation of electronic monitoring devices. Establishes criminal penalties for a person or entity that knowingly hampers, obstructs, tampers with, or destroys an electronic monitoring device. Contains provisions concerning: resident and roommate consent to monitoring; notice of electronic monitoring to the staff and visitors; limitations on the staff’s access to recordings; the admissibility of recordings in civil, criminal, and administrative actions; staff reporting; liability; and rulemaking. Makes other changes. Amends the Community-Integrated Living Arrangements Licensure and Certification Act and Mental Health and Developmental Disabilities Code to make conforming changes. Provides that it is a business offense for a person to discriminate or retaliate against a resident for consenting to the electronic monitoring, or to prevent the installation or use of an electronic monitoring device by a resident who has provided specified notice and consent. Makes other changes.
HB 2409, Representative Avery Bourne
Amends the Mental Health and Developmental Disabilities Code. Provides that a person subject to involuntary admission on an inpatient basis may be transported to a hospital nearest to his or her residence (rather than only a mental health facility). Provides that if a person subject to involuntary admission on an inpatient basis is transported to a hospital that is unable to provide treatment to persons subject to involuntary admission on an inpatient basis, the hospital shall arrange for transport of the respondent to a hospital that treats persons subject to involuntary admission on an inpatient basis or a mental health facility.
HB 2415, Representative David A. Welter
Amends the Mental Health and Developmental Disabilities Code. Provides that a peace officer may take a person into custody and transport the person to a mental health facility if the peace officer has administered an opioid antagonist to the person in response to an opioid overdose. Defines “opioid antagonist”.
HB 2496, Representative LaToya Greenwood
Amends the Illinois Act on the Aging, the Disabled Persons Rehabilitation Act, and the Illinois Public Aid Code. Regarding services under the Community Care Program (CCP), the Home Services Program, the supportive living facilities program, and the nursing home prescreening project, provides that individuals with a score of 29 or higher based on the determination of need assessment tool shall be 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, and those individuals are found to be ineligible under that updated assessment tool. Requires the Department on Aging and the Departments of Human Services and Healthcare and Family Services to adopt rules, but not emergency rules, regarding the updated assessment tool. Contains provisions concerning continued eligibility for persons made ineligible for services under the updated assessment tool. Amends the Illinois Act on the Aging. Prohibits the Department on Aging from adopting any rule that: (i) restricts eligibility under CCP to persons who qualify for medical assistance; or (ii) establishes a separate program of home and community-based long term care services for persons eligible for CCP services but not eligible for medical assistance. Prohibits the Department from increasing copayment levels under CCP to those levels in effect on January 1, 2016. Amends the Illinois Public Aid Code. Deletes a provision concerning an increase in the determination of need scores, on and after July 1, 2012, from 29 to 37. Amends the Nursing Home Care Act. Prohibits the involuntary discharge of an individual receiving care in an institutional setting as the result of the updated assessment tool until a transition plan has been developed.
HB 2600, Representative Bob Morgan
Creates the Illinois Disability Integration Act. Provides that no public entity or long-term service or support (LTSS) insurance provider shall deny an individual with an LTSS disability who is eligible for institutional placement community-based long-term services and supports that enable the individual to live in the community and lead an independent life. Sets forth specific acts of discrimination by a public entity or LTSS insurance provider that are prohibited under the Act, including: (i) imposition or application of eligibility criteria or another policy that prevents or tends to prevent an individual with an LTSS disability from receiving a community-based long-term service or support; (ii) failure to establish an adequate rate or other payment structure that is necessary to ensure the availability of a workforce sufficient to support an individual with an LTSS disability in living in the community and leading an independent life; and (iii) failure to ensure that each institutionalized individual with an LTSS disability is regularly notified of the alternative of community-based long-term services and supports and that those community-based long-term services and supports are provided if the individual with an LTSS disability selects such services and supports. Provides that the Act shall not be construed to: (1) prevent a public entity or LTSS insurance provider from providing community-based long-term services and supports at a level that is greater than the level that is required under the Act; or (2) prohibit a public entity or LTSS insurance provider from using managed care techniques, as long as the use of such techniques does not have the effect of discriminating against an individual as prohibited under the Act.
HB 2614, Representative Amy Grant
Amends the Developmental Disability and Mental Disability Services Act. Includes in the definition of in one’s “own home” that an adult with a mental disability lives in a facility licensed by a unit of local government authority with 4 or 5 other adults unrelated to the adult with a mental disability who do not provide home-based services to the adult with a mental disability.
HB 2716, Representative Robyn Gabel
Amends the Illinois Public Aid Code. Provides that, on January 1, 2020, all powers and duties of the Department of Human Services related to processing and administering eligibility for individuals with Medicaid long-term care benefits and any and all individuals applying for Medicaid who also apply for Medicaid long-term care benefits shall be transferred to the Department of Healthcare and Family Services, including, but not be limited to, the transfer of all powers and duties of the Department of Human Services related to eligibility determinations, redeterminations, admission approvals, income and address changes, appeals, and all associated tasks. Provides that all personnel, property, materials, supplies, and funds associated with the completion of these functions shall be transferred from the Department of Human Services to the Department of Healthcare and Family Services, including the transfer of all 3 Department of Human Services’ Medical Field Operations offices (Long Term Care), and all other resources or personnel located outside those 3 offices who administer the functions of or provide support to those offices. Provides that all rules, standards, policies, and procedures adopted by the Department of Human Services shall continue in effect as the rules, standards, policies, and procedures of the Department of Healthcare and Family Services until they are modified or abolished by the Department of Healthcare and Family Services.
HB 2766, Representative Francis Ann Hurley
Creates the First Responders Suicide Prevention Act. Provides that emergency services personnel and public safety personnel may refer any person to an employee assistance program or peer support counselor within the emergency services provider or law enforcement agency, or if those services are not available within the agency, to another employee assistance program or peer support counseling program that is available. Provides that any communication made by a participant or counselor in a peer support counseling session conducted by a law enforcement agency or by an emergency services provider for public safety personnel or emergency services personnel and any oral or written information conveyed in the peer support counseling session is confidential and may not be disclosed by any person participating in the peer support counseling session. Provides that any oral communication or written information made or conveyed by a participant or counselor in a peer support session, including an employee assistance program, is not admissible in any judicial proceeding, arbitration proceeding, or other adjudicatory proceeding. Amends the Department of State Police Law of the Civil Administrative Code of Illinois, Illinois Police Training Act, and the Illinois Fire Protection Training Act to require training programs for police and fire fighters to recognize signs of work-related cumulative stress and other related issues that may lead to suicide and offer appropriate solutions for intervention. Makes other changes.
HB 2767, Representative Francis Ann Hurley
Amends the Illinois Police Training Act. Provides that minimum in-service training requirements, which a police officer must satisfactorily complete every 3 years, shall include mental health awareness and response as reflected in the Illinois Mental Health First Aid Training Act.
HB 2770, Representative Maurice A. West II
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that for the safety of mental health care patients and staff members, no fewer than a total of 4 registered nurses or mental health technicians shall be assigned to any unit at any time in the following State-operated hospitals: (1) the Alton Mental Health Center, at Alton; (2) the Chicago-Read Mental Health Center, at Chicago; (3) the Clyde L. Choate Mental Health and Developmental Center, at Anna; (4) the Elgin Mental Health Center, at Elgin; (5) the John J. Madden Mental Health Center, at Chicago; and (6) the Andrew McFarland Mental Health Center, at Springfield.
HB 2828, Representative Anne Stava-Murray
Creates the Suicide Depiction Warning Act. Requires a black box warning to be presented at the beginning of and periodically throughout the presentation of a fictional show that includes a depiction of suicide. Provides that the warning must disclose that suicide not only harms the person who dies, but also harms others.
HB 3043, Representative Michael D. Unes
Amends the Rehabilitation of Persons with Disabilities Act. Requires the Department of Human Services to adopt rules that would permit a personal assistant who provides services to a person enrolled in the Department’s Home Services Program to drive, operate, or be in physical control of any motor vehicle owned by the person receiving home services. Restricts a personal assistant’s use of the motor vehicle to those uses that are appropriate to effectuate the personal assistant’s duties and responsibilities under the Home Services Program. Provides that no personal assistant shall be authorized to drive, operate, or be in physical control of any motor vehicle owned by a person receiving home services unless (i) the personal assistant holds a valid driver’s license and (ii) the motor vehicle is covered by a liability insurance policy.
- To read full text of HB 3043: Click
- To file an electronic witness slip on HB 3043: Click
House Elementary & Secondary Education: School Curriculum & Policies Committee
March 6, 2019, 9:30 a.m.
Room 413, Stratton Building
Springfield, IL
HB 1475, Representative Terri Bryant
Creates the Seizure Smart School Act. Provides for legislative findings and defines terms. Requires the parent or guardian of a student with epilepsy who seeks assistance with epilepsy-related care in a school setting to submit a seizure action plan with the student’s school. Provides that a delegated care aide shall perform the activities and tasks necessary to assist a student with epilepsy in accordance with the student’s seizure action plan. Requires training for school employees and delegated care aides. Requires that an information sheet be provided to any school employee who transports a student with epilepsy to a school-sponsored activity. Provides that a school district may not restrict the assignment of a student with epilepsy to a particular school on the basis that the school does not have a full-time school nurse and a school may not deny a student access to the school or any school-related activity on the basis that the student has epilepsy. Provides for school employee protection against retaliation, immunity, and rights under federal law. Amends the Charter Schools Law of the School Code to make a related change. Amends the State Mandates Act to require implementation without reimbursement.
HB 2188, Representative Natalie A. Manley
Amends the School Code. With regard to the required health examination, provides that the
social and emotional screening must include questions on a child’s medical history that pertain to the mental health issues of his or her family and any other matter that could impact the child’s future mental health.
House Transportation: Vehicles & Safety Committee
March 6, 2019, 9:30 a.m.
Room 115, Capitol Building
Springfield, IL
HB 188, Representative La Shawn K. Ford
Amends the Illinois Vehicle Code. Provides that the Secretary of State may issue special registration plates designated as Post-Traumatic Stress Disorder Awareness license plates. Provides that the original fee and renewal fee shall be $25. Creates the Post-Traumatic Stress Disorder Awareness Fund. Makes corresponding changes in the State Finance Act.
HB 2126, Representative La Shawn K. Ford
Amends the State Finance Act. Creates the Post-Traumatic Stress Disorder Awareness Fund as a special fund in the State treasury. Amends the Illinois Vehicle Code to allow for the issuance of decals for Universal special license plates by K9s for Veterans, NFP. Provides for the original fee, renewal fees, and fee distribution for Universal special license plates with decals issued by the K9s for Veterans, NFP.
Senate Appropriations II Committee
March 5, 2019, 11:00 a.m.
Room 212, Capitol Building
Springfield, IL
SUBJECT MATTER: FY 20 Budget Request For: Illinois State Board of Education, SB 2210
- To file an electronic witness slip for the subject matter hearing: Click
Senate Education Committee
March 5, 2019, 1:00 p.m.
Room 212, Capitol Building
Springfield, IL
SB 1940, Senator Kimberly A. Lightford
Amends the School Code. With regard to the student discipline report, provides that the report
must include data on the total number of school days missed by a student due to an out-of-school suspension or expulsion and data on the number of law enforcement officers assigned to schools within each school district and the number of arrests made by law enforcement officers of students on school grounds, in school vehicles, at school activities or school-sanctioned events, or as a result of referrals by school officials. Provides that the report must be disaggregated by whether a student qualifies for services under the federal Individuals with Disabilities Education Act, the total amount of school days missed by the student, and the incident type that caused the suspension or expulsion. Provides that, in compiling the report, the State Board of Education must use the same disclosure avoidance standards used by the United States Department of Education in its public reporting of data submitted by each school district as part of the Civil Rights Data Collection and must also ensure that cross-tabulation by the various categories of disaggregation is possible.
Senate Human Services Committee
March 5, 2019, 3:00 p.m.
Room 409, Capitol Building
Springfield, IL
SB 224, Senator Cristina Castro
Provides that 90 days prior to the expiration of any conditional release, the Department of
Corrections shall conduct an assessment of the defendant’s continuing need for mental health services following the person’s release from conditional release. Provides that the Department shall create a detailed plan for appropriate mental health services and provide or arrange funding to ensure that those mental health services enumerated in the plan are available to the defendant. Provides that an extension of the conditional release period may not be ordered unless there is clear and convincing evidence that the defendant will not participate in the mental health services set forth in the treatment plan created by the Department in the absence of a court order to do so, and that in the absence of those mental health services, the defendant is reasonably expected to inflict serious physical harm upon himself, herself, or others.
SB 242, Senator Andy Manar
Amends the Rehabilitation of Persons with Disabilities Act. Provides that a home care consumer in the Department of Human Services’ Home Services Program has the right and discretion to: (1) select and hire a personal assistant or other individual provider of his or her choice; and (2) determine the number of hours per week his or her personal assistant or other individual provider may work. Provides that, subject to the Department’s authority to approve the total monthly hours in a home care consumer’s service plan, no limitation shall be imposed on the number of hours per week a personal assistant or other individual provider may work unless the following conditions are satisfied: (A) as an exception to any limit imposed by the Department, a personal assistant or other individual provider may work and be paid for all hours worked up to at least 66 hours per week if the personal assistant or other individual provider works for a home care consumer who: (i) receives services under a court-ordered service plan; (ii) has a Determination of Need score of 70 or above; or (iii) has an exceptional care rate; (B) the Department shall establish an exceptions and appeals process that permits a home care consumer to request an exception to any limit imposed by the Department up to a maximum of no less than 66 hours per week; and (C) if the home care consumer would face a serious risk of institutionalization, the Department shall work with the home care consumer to ensure that appropriate care in the community will be provided, whether through authorized overtime or another solution. Provides that nothing shall limit the Department’s authority under any other statute to disqualify an individual from providing services in the Department’s Home Services Program for reasons other than the number of weekly hours worked by the individual.
SB 1243, Senator Laura Fine
Creates the Access to Basic Mental Health Information Act. Provides definitions for “mental health facility”, “physician”, and “recipient”. Provides that specified individuals are entitled, upon request, to obtain certain information regarding a recipient in a mental health facility if the individual declares that he or she is involved in the recipient’s care or paying for the recipient’s care and the individual meets specified requirements. Provides that an individual requesting information must submit to the mental health facility specified information. Provides that a mental health facility is required to receive information relevant to the recipient’s mental health treatment. Provides that if the recipient requests the mental health record from the mental health facility, any information that was tendered to the mental health facility under a promise of confidentiality may be withheld from the recipient if disclosure of the information would be reasonably likely to reveal the source of the mental health information. Provides that whenever access or modification is requested, the request, the grounds for its acceptance or denial, and any action taken thereon shall be noted in the recipient’s record. Provides that a mental health facility and its employees or agents are not liable for any action under the Act unless the release was made deliberately or the release constituted gross negligence. Provides that nothing in the Act constitutes an infringement on an individual’s right to obtain mental health records of the recipient if the individual has another right to the mental health records by law, regulation, or consent of the recipient. Provides that the Act shall be liberally construed to allow receipt of mental health information to individuals entitled to a recipient’s information. Provides that the Act supersedes the Mental Health and Developmental Disabilities Code and any other law that would be viewed to limit the access of an individual to a recipient’s mental health records to the extent necessary to give the Act full implementation.
SB 1573, Senator John G. Mulroe
Amends the Illinois Public Aid Code. Makes technical changes to specify in provisions concerning provisional eligibility for long-term care services that: (i) the Department of Healthcare and Family Services must maintain the applicant’s provisional Medicaid enrollment status until a final eligibility determination is approved or the applicant’s appeal has been adjudicated and eligibility is denied; (ii) the Department of Healthcare and Family Services or the managed care organization, if applicable, must reimburse providers for services rendered during an applicant’s provisional eligibility period; (iii) the Department of Healthcare and Family Services must submit payment vouchers for all retroactive reimbursement due to the Office of the Comptroller within 10 business days of issuing provisional eligibility to an applicant; and (iv) the Department of Healthcare and Family Services must adopt rules.
SB 1688, Senator Jil Tracy
Creates the Department of Health and Human Services Act and amends various Acts. Abolishes the Department of Human Services, the Department of Healthcare and Family Services, and the Department on Aging and transfers the functions of those agencies to the Department of Health and Human Services, which is created. Provides that the Secretary of Health and Human Services is the head of the new agency and transfers the staffs, records, and unexpended funds of the abolished agencies to the Department of Health and Human Services. Provides that the Secretary of Health and Human Services shall take all steps necessary to accomplish administrative efficiencies, staff reductions, containment of costs, and reallocation of existing resources and that the Secretary shall submit a report on those accomplishments to the General Assembly and the Governor. Makes conforming changes in other Acts.
Senate Judiciary Committee
March 5, 2019, 3:00 p.m.
Room 400, Capitol Building
Springfield, IL
SB 25, Senator Julie A. Morrison
Amends the Mental Health and Developmental Disabilities Code. Provides that as soon as possible but not later than 24 hours, excluding Saturdays, Sundays and holidays, after emergency admission of a respondent to a mental health facility on an inpatient basis, the respondent shall be personally examined (rather than examined) by a psychiatrist. Provides that for the purpose of this provision, a personal examination includes an examination performed in real time (synchronous examination) via an Interactive Telecommunication System as defined in the Illinois Administrative Code.
SB 125, Senator Julie A. Morrison
Amends the Mental Health and Developmental Disabilities Code. Provides that when the respondent requests a jury on the question of whether he or she is subject to involuntary admission on an inpatient or outpatient basis, the jury shall consist of 6 persons, unless either party demands a jury of 12 persons. Provides that a respondent is also entitled (rather than not entitled) to a jury on the question of whether psychotropic medication or electroconvulsive therapy may be administered under the Code.
SB 1518, Senator Jil Tracy
Amends the Probate Act of 1975. Provides that, in a case regarding temporary guardianship, if no limited or plenary guardian has been appointed in a case regarding temporary guardianship, the court may grant an extension up to an additional 60 days or until a limited or plenary guardian has been appointed. Provides that the court may appoint separate individuals or entities or co-guardians to act as the guardian of the person and the guardian of the estate of a person with a disability under certain circumstances. Provides that a guardian is entitled to reasonable and appropriate fees, if certain conditions are met. Provides that fees awarded to a guardian shall be considered as a first-class claim for administrative expenses and paid from the guardianship estate from the decedent’s estate. Adds procedures regarding the succession of a new Public Guardian. Makes formatting changes in Sections concerning: definitions; statutory forms; short-term guardians; preliminary hearings; domestic violence orders of protection; sterilization of the ward; and notice of rights of the ward. Changes references to “best interest” to “best interests”. Amends the Illinois Power of Attorney Act. Provides that if an agent seeks guardianship of the principal, the petition for guardianship must delineate the specific powers to be granted to the guardian that are not already included in the power of attorney.
Senate Appropriations I Committee
March 6, 2019, 9:00 a.m.
Room 212, Capitol Building
Springfield, IL
SUBJECT MATTER: FY 20 Budget Request For The Following Agencies: SB 2220- Central
Management Services (Including Group Health), SB 2209- IEMA, SB 2176- Procurement Policy
Board, SB 2157- Department of Insurance, SB 2220, SB 2209, SB 2176, SB 2157
- To file an electronic witness slip for the subject matter hearing : Click
Senate Financial Institutions Committee
March 6, 2019, 11:00 a.m.
Room 409, Capitol Building
Springfield, IL
SB 1387, Senator Julie A. Morrison
Amends the State Treasurer Act. Modifies and reorganizes provisions concerning the ABLE account program. Provides that a designated representative under the program includes, among other persons, the account owner’s guardian of the person or any other State-appointed guardian. Provides that the State Treasurer may enter into agreements with other states to either allow Illinois residents to participate in a plan operated by another state or to allow residents of other states to participate in the Illinois ABLE plan. Modifies terms under the Act. Amends the Probate Act of 1975. Modifies provisions concerning duties of a guardian of a minor, duties of a personal guardian, and duties of an estate guardian to allow a specified guardian to, without an order of court, open, maintain, and transfer funds to an ABLE account on behalf of the ward and the ward’s dependent children as specified under the ABLE account program. Makes conforming and other changes.
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
cherylj2@equipforequality.org
217-544-0464 ext. 6013
