Rep. Michael Kelly

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that subject to appropriation, beginning with the 2023-2024 academic year, the Department of Human Services shall establish and administer the Mental Health Clinician Tuition Assistance and Student Loan Forgiveness Program for the purpose of recruiting and retaining high-performing individuals who are employed as mental health clinicians committed to providing direct care services to Medicaid patients for a contracted or subcontracted provider of the Department or another State agency. Provides that under the program, the Department shall provide financial assistance to individuals who (1) are students at a participating university and have declared an intent to seek and maintain employment for 5 years as mental health clinicians providing direct care services to Medicaid patients; or (2) are graduates of a participating university who work as mental health clinicians providing direct care to Medicaid patients and will commit to work for 5 years as mental health clinicians providing direct care to Medicaid patients. Provides that the Department shall award an undergraduate forgivable loan in an amount that is sufficient to cover the cost of tuition, university fees, and books each year for a maximum of 2 academic years to a student if certain criteria are met. Provides that the Department shall award financial assistance for repayment of a higher education student loan each year for a maximum of 2 years to a graduate of a participating university who works as a mental health clinician if certain criteria are met. Contains provisions concerning the application process; promotion of the program by participating universities; the repayment of financial assistance when a recipient fails to comply with employment requirements; reporting requirements; and other matters. Effective immediately.

Amends the Furniture Fire Safety Act. Replaces references to "seating furniture" with references to "furnishing". Provides that the definition of "public occupancies" also includes prisons, correctional centers, transitional centers, rehabilitation centers, theaters, arenas, gymnasiums, and public assembly areas of assisted living facilities containing more than 10 furnishings. Provides that articles manufactured solely for recreational use or physical fitness purposes, such as weightlifting benches, indoor or outdoor multilevel play structures, gymnasium mats or pads, gymnastics equipment, and similar articles (instead of weightlifting benches, gymnasium mats or pads, sidehorses, and similar articles) are exempt from the provisions of the Act. Removes language specifying that public occupancies and public assembly areas that are fully protected by sprinkler systems in accordance with Uniform Building Code Standard 38-1 are exempt. Provides that public occupancies and public assembly areas that are fully protected by sprinkler systems in accordance with National Fire Protection Association (NFPA) 13: Standard for the Installation of Sprinkler Systems (instead of National Fire Protection Association (NFPA) Standard 13) are exempt from the provisions of the Act, but must comply with rules adopted under the Act (instead of must comply with test requirements as set forth in the California Bureau of Home Furnishings Technical Bulletin Numbers 116 and 117). Removes language requiring the rules and regulations adopted by the Office of the State Fire Marshal to be in conformity with the California Bureau of Home Furnishings and Thermal Insulation Technical Bulletin 133, and removes language providing that all rules and regulations adopted by the State Fire Marshal shall become effective not earlier than 90 days from adoption. Repeals provisions regarding appointing members to an Advisory Board under the Act. Makes other changes.

Amends the Mental Health Early Action on Campus Act. Provides that the General Assembly shall appropriate $19,000,000 in Fiscal Year 2023 for the purposes of this Act. Provides that the funds shall be distributed to the public colleges and universities according to the recommendations of a specified report of the Commission on Government Forecasting and Accountability. Provides that the Commission on Government Forecasting and Accountability, in conjunction with the Illinois Community College Board and the Board of Higher Education, must make recommendations to the General Assembly on the amounts necessary to implement this Act for Fiscal Years 2024 through 2027, and may make such recommendations for Fiscal Years thereafter. Deletes provisions making the Act subject to appropriation. Effective July 1, 2022.

Appropriates $38,446,000 from the General Revenue Fund to Northeastern Illinois University for its ordinary and contingent expenses. Effective July 1, 2022.

Amends the Illinois Income Tax Act. Creates an income tax credit in an amount equal to 50% of the amount paid by the taxpayer during the taxable year for the purchase of a gun safe or lock used primarily for the purpose of securing firearms. Effective immediately.

Creates the Rebuild Illinois Mental Health Workforce Act. Provides that the purpose of the Act is to preserve and expand access to Medicaid community mental health care in Illinois to prevent unnecessary hospitalizations and avoid the criminalization of mental health conditions. Establishes add-on payments for the following community mental health services to be paid beginning with State Fiscal Year 2023 and continuing for each State fiscal year thereafter: individual therapy services; community support-individual services; case management services; and assertive community treatment services. Requires monthly directed payments to community mental health providers of community support team services or assertive community treatment services. Provides that such directed payments shall be based on the number of Medicaid users, as defined, who receive services from the provider in the base year. Provides that the add-on payments established under the Act shall apply to Medicaid services provided by a contracted managed care organization or entity and services paid for directly by the Department of Healthcare and Family Services. Provides that no base Medicaid rate or Medicaid rate add-on payment or any other payment for the provision of Medicaid community mental health services in place on July 1, 2021 shall be diminished or changed to make the reimbursement changes required under the Act. Requires the Department to apply for federal approval to implement the Act. Provides that implementation of the add-on payments is conditioned on the receipt of federal financial participation for such payments. Effective immediately.

Amends the Illinois Public Aid Code. Provides that it shall be a matter of State policy that the Department of Healthcare and Family Services shall set nursing facility rates by rule utilizing an evidenced-based methodology that rewards appropriate staffing, quality-of-life improvements for nursing facility residents, including the cessation of payments for rooms with 3 or more people residing in them by January 1, 2027, and the reduction of racial inequities and health disparities for nursing facility residents enrolled in Medicaid. Provides that the new nursing services reimbursement methodology taking effect January 1, 2022, upon federal approval, shall utilize the Patient Driven Payment Model (PDPM) (rather than the RUG-IV 48 grouper model). Sets the statewide base rate for dates of service on and after January 1, 2022 at $85.25. Requires the Department to establish, by rule, a multiplier based on information from the Payroll Based Journal. Provides that, beginning on and after January 1, 2022, the Department shall allocate funding, by rule, for per diem add-ons to the PDPM methodology for each resident with a diagnosis of Alzheimer's disease. Contains provisions concerning funds allocated for certain incentive payments to nursing facilities; emergency rules; payments to improve the quality of care delivered by nursing facilities; long-term care provider assessments; and other matters. Amends the Nurse Agency Licensing Act. Prohibits nurse agencies from entering into covenants not to compete with certified nurse aides. Amends the Illinois Administrative Procedure Act. Permits the Department of Healthcare and Family Services to adopt emergency rules. Effective immediately.

Amends the Tobacco Products Tax Act of 1995. Provides that, beginning on January 1, 2022, the tax per cigar or other rolled tobacco product shall not exceed $0.50 per cigar or roll. Provides that distributors are allowed a discount in the amount of 2% of the distributor's tax liability, but not to exceed $2,000 per return.

Amends the Juvenile Court Act of 1987. Concerning any writing, record, photograph, or x-ray of any hospital or public or private agency made as a memorandum or record of any condition, act, transaction, occurrence or event relating to a minor in an abuse, neglect, or dependency proceeding, a certification by a person or persons employed by the hospital or agency that the writing, record, photograph, or x-ray (rather than certification by the head or responsible employee of the hospital or agency) is the full and complete record of the condition, act, transaction, occurrence or event and that it satisfies the conditions of this provision shall be prima facie evidence of the facts contained in such certification. Deletes provision that a certification by someone other than the head of the hospital or agency shall be accompanied by a photocopy of a delegation of authority signed by both the head of the hospital or agency and by such other employee.

Amends the Criminal Code of 2012. Provides that a person also commits criminal sexual assault if that person commits an act of sexual penetration and the victim is at least 18 years of age but under 22 years of age and is a student attending classes at a public or nonpublic secondary school and the accused held or holds a position of trust, authority, or supervision over the victim in connection with an educational or extracurricular program or activity at the time of the commission of the act, regardless of the location or place of the commission of the act. Provides that a person also commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is at least 18 years of age but under 22 years of age and is a student attending classes at a public or nonpublic secondary school and the accused held or holds a position of trust, authority, or supervision in relation to the victim in connection with an educational or extracurricular program or activity at the time of the commission of the act, regardless of the location or place of the commission of the act. Provides that, for purposes of the grooming statute, "child" includes a person who is at least 17 years of age but under 22 years of age and is a student attending classes at a public or nonpublic secondary school.