Rep. Kevin Olickal

Creates the Protect Health Data Privacy Act. Provides that a regulated entity shall disclose and maintain a health data privacy policy that clearly and conspicuously discloses specified information. Sets forth provisions concerning health data privacy policies. Provides that a regulated entity shall not collect, share, or store health data, except in specified circumstances. Provides that it is unlawful for any person to sell or offer to sell health data concerning an individual without first obtaining valid authorization from the individual. Provides that a valid authorization to sell individual health data must contain specified information; a copy of the signed valid authorization must be provided to the individual; and the seller and purchaser of health data must retain a copy of all valid authorizations for sale of health data for 6 years after the date of its signature or the date when it was last in effect, whichever is later. Sets forth provisions concerning the consent required for collection, sharing, and storage of health data. Provides that an individual has the right to withdraw consent from the processing of the individual's health data. Provides that it is unlawful for a regulated entity to engage in discriminatory practices against individuals solely because they have not provided consent to the processing of their health data or have exercised any other rights provided by the provisions or guaranteed by law. Sets forth provisions concerning an individual's right to confirm whether a regulated entity is collecting, selling, sharing, or storing any of the individual's health data; an individual's right to have the individual's health data that is collected by a regulated entity deleted; prohibitions regarding geofencing; and individual health data security. Provides that any person aggrieved by a violation of the provisions shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an offending party. Provides that the Attorney General may enforce a violation of the provisions as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Defines terms. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act.

Creates the Permanent Punishment Review Task Force Act. Establishes the Permanent Punishment Review Task Force. Provides for the Task Force's appointment and membership. Provides that the Illinois Criminal Justice Information Authority shall provide administrative and other support to the Task Force. Provides that the Illinois Criminal Justice Information Authority may collaborate with the co-chairing organization to help provide this support. Provides that the duties of the Task Force include: (1) researching and analyzing the statutory permanent punishments under Illinois law; (2) identifying factors and data relevant to determining whether a permanent punishment should be modified or eliminated based on available scholarship; (3) identifying or developing models, or both, for periodic, systematic review of Illinois's permanent punishment laws; (4) analyzing such models, including potential funding requirements, and proposing recommendations to the General Assembly; and (5) issuing a report, on or before January 1, 2028, setting forth those recommendations and summarizing the research and findings of the Task Force. Provides that the Task Force may meet in person or virtually, and shall issue a written report of its findings and recommendations to the General Assembly on or before January 1, 2028, after which the Task Force is dissolved. Repeals the Act on July 1, 2028. Effective immediately.

Maddy summaryHB 744 amends the Corporate Fiduciary Act. It makes a technical change to the section of the Act that defines its short title.

Creates the Gender-Based Violence Article in the Code of Civil Procedure. Provides that the Article applies to any motion to dispose of a claim that is based on, relates to, or is in response to the moving party's reporting gender-based violence. Provides that if a court finds that the civil action is based on the moving party reporting gender-based violence, it shall grant a motion to dismiss the claim unless it finds that the responding party has established by a preponderance of the evidence that the moving party's reporting gender-based violence was done with knowledge that the report was false or with reckless disregard of whether it was false or not. Provides that absent any additional corroborating evidence, specified pieces of evidence may not, on its own or in combination with each other, be used to establish that the moving party's reporting of gender-based violence was done with knowledge that the report was false or with reckless disregard of whether it was false or not. Sets forth motion and procedure standards for a motion filed under the Article. Establishes awards for attorney's fees and costs, injunctive relief, and damages. Provides that the Act may be referred to as the Protect Survivors Reporting Act. Effective immediately.

Creates the Faith-Based Housing and Mixed-Use By-Right Act. Provides that a unit of local government shall permit multifamily developments and mixed-use developments as allowable by-right uses on faith-based land. Provides that a unit of local government may not require a proposed multifamily or mixed-use development on faith-based land to obtain any discretionary approval in order to permit the proposed use and development or allow for the minimum development standards and limitations established by the Act. Provides that the by-right entitlement under the Act applies whether or not the faith-based organization continues to operate an existing religious, educational, or community facility on the same parcel or adjacent parcel, and regardless of whether the housing is owned, leased, operated, or developed by the faith-based organization or by a partner acting under agreement with the faith-based organization. Provides that nothing in the Act affects the authority of a unit of local government to apply to a development authorized by this Act requirements that are (1) generally applicable to comparable developments within the jurisdiction; (2) objective and ascertainable on the face of the ordinance or code provision; and (3) related to public health and safety. Provides that a unit of local government shall approve an application for a multifamily or mixed-use development on faith-based land if the development satisfies the unit of local government's generally applicable, objective land development and building regulations as limited by the Act. Limits the concurrent use of home rule powers. Effective immediately.

Creates the Transportation Network Driver Labor Relations Act. Defines "transportation network driver" as an individual who operates a motor vehicle that: (i) is owned, leased, or otherwise authorized for use by the individual; (ii) is not a taxicab or for-hire public passenger vehicle; (iii) is used to provide transportation network company services; and (iv) operates under the license of a transportation network company. Provides that transportation network drivers have the right of self-organization, to form, join, or assist transportation network driver organizations, and to bargain collectively. Sets forth provisions concerning unfair work practices; the prevention of unfair work practices; the designation of bargaining representatives; administrative fees; bargaining, impasse resolution procedures, and final determinations by the Department of Labor; applicability of other labor standards; rulemaking; and public records. Amends the Freedom of Information Act and the Labor Dispute Act to make conforming changes. Effective immediately.

Reaffirms the State's steadfast commitment to promoting a person-centered, community-based mental health and substance use treatment system that is evidence-backed and recognizes each person's dignity, humanity, and autonomy in determining the best course of care in the least restrictive environment in compliance with the Constitution and laws of the State of Illinois.

Amends the Unified Code of Corrections. Creates the End-of-life Care Peer Support Program. Provides that the program is available to terminally ill persons committed to the Department of Corrections. Provides that the program shall be administered by the Department of Corrections in partnership with certain health care providers. Provides that individual patients may accept or decline care or participation in the program. Provides that individual patients shall define the scope of peer support, including the option to opt out of certain aspects of support. Provides that patient care plans shall be developed with the individual patient, the patient's peer support attendants, and the interdisciplinary team. Provides that participating patients shall be subject to the least restrictive security measures possible, with access to comfort items such as blankets, memorabilia, music, and books. Provides that participating patients shall have the following rights: (1) the right to dignity, privacy, respect, and culturally competent care; (2) the right to request peer support services; (3) the right to refuse services; and (4) the right to request family visitation. Provides that all participants in the program, including patients and peer support attendants, shall have access to grief counseling and mental health care services as needed. Provides that the program shall be funded through: (1) the Individual Benefit Fund; (2) direct appropriations from the General Revenue Fund; and (3) federal appropriations if applicable.

Amends the Illinois Act on the Aging. Provides that, subject to federal approval, on and after January 1, 2027, rates for in-home services shall be increased to $33.92 to sustain a minimum wage of $20.75 per hour for direct service workers. Requires rates in subsequent State fiscal years to be no lower than the rates put into effect upon federal approval. Provides that in order for a provider of in-home services to be eligible to receive the $33.92 rate, the provider must pay a minimum wage of $20.75 per hour to all direct service workers employed by the provider. Requires providers of in-home services to certify to the Department on Aging that they remain in compliance with the mandated wage increase for direct service workers. Requires each provider of in-home services to submit cost reports to the Department consistent with a specified administrative rule in order to be eligible for the $33.92 rate for in-home services. Provides that fringe benefits shall not be reduced in relation to the described rate increases. Requires the Department, beginning January 1, 2027, to ensure that each in-home service provider spends a minimum of 79% of the total payments the provider receives for home care aide services it furnishes under the Community Care Program on total compensation for direct service workers who furnish those services. Requires annual direct service worker cost reports from providers; and requires the Department to amend existing rules on financial reporting and minimum direct service worker costs to reflect the increase in the direct service worker spending requirement from 77% to 79%.

Amends the Medical Assistance Article of the Illinois Public Aid Code. In provisions concerning the Medicaid Access Adjustment payments to nursing facilities, provides that for dates of service beginning January 1, 2027, the Medicaid Access Adjustment shall be increased by $5.75 to $10.50 per diem. Provides that beginning January 1, 2027, facilities located outside of Rate Areas 6, 7, and 8 shall have the Medicaid percent of occupied bed days to be at least 60% of all occupied bed days adjusted quarterly to qualify for the Medicaid Access Adjustment. Provides that the remaining facilities shall have their threshold remain at 70%.