Rep. Lindsey LaPointe

Amends the Nursing Home Care Act. Provides that the Department of Public Health shall require each long-term care facility in the State, as a condition of facility licensure, to adopt and implement written policies, provide for the availability of technology to facility residents, and ensure that appropriate staff and other capabilities are in place to prevent the social isolation of facility residents. Contains specified requirements for the social isolation prevention policies. Provides that the Department shall distribute civil monetary penalty funds, as approved by the federal Centers for Medicare and Medicaid Services, and any other available federal and State funds, upon request, to facilities for communicative technologies and accessories needed for the purposes of the provisions. Provides that whenever the Department conducts an inspection of a long-term care facility, the Department's inspector shall determine whether the long-term facility is in compliance with the provisions and the policies, protocols, and procedures adopted pursuant to the provisions. Requires the Department to adopt rules necessary to implement the provisions within 60 days after the amendatory Act's effective date (and makes conforming changes in the Illinois Administrative Procedure Act). Contains other provisions. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Removes language providing that the Department of Public Health shall require each long-term care facility in the State to perform specified actions as a condition of facility licensure. Provides that the social isolation prevention policies shall not be interpreted as a substitute for in person visitation, but shall be wholly in addition to the existing in person visitation policies. Provides that a resident's individualized visitation plan shall give priority to the resident's preferences over the preferences of the resident's representative. Provides that a long-term care facility may apply for (rather than the Department shall distribute) civil monetary penalty fund grants, and may request other available federal and State funds to obtain assistive and supportive technologies and related accessories that would facilitate communication between residents and other family members, friends, and external support systems. Provides that the Department (rather than the Department's inspector) shall determine whether a long-term care facility is in compliance with the provisions whenever the Department conducts an annual licensure and certification survey, when a complaint is received, or as frequently as may be necessary (rather than whenever the Department conducts an inspection of a long-term care facility). Provides that a noncompliant long-term care facility shall be liable to pay an administrative penalty as a Type "C" violation. Provides that implementation of an administrative penalty as a Type "C" violation under the provisions shall not be imposed prior to January 1, 2023. Makes other changes. Effective immediately. Senate Floor Amendment No. 2 In provisions amending the Nursing Home Care Act, provides that the social isolation prevention policies adopted by each long-term care facility shall be consistent with the rights and privileges guaranteed to residents and constraints provided under specified provisions of the Nursing Home Care Act. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Adds provisions regarding legislative findings. Replaces references to specified types of equipment with references to assistive and supportive technology and devices. Requires appropriate staff to develop and update an individualized virtual visitation schedule while taking into account the individual's requests and preferences (rather than to assess and regularly reassess the individual needs and preferences of facility residents). Requires appropriate staff to develop an individualized virtual visitation schedule (rather than an individualized visitation plan) with specified requirements. Provides that specific protocols and procedures shall be developed to ensure that the quantity of assistive and supportive technology and devices maintained on-site at a facility remains sufficient, at all times, to meet the assessed social and activity needs and preferences of each facility resident. Makes other changes. Effective immediately.

Creates the Community Emergency Services and Supports Act. Provides that the Act applies to every unit of local government that provides or coordinates ambulance or similar emergency medical response or transportation services for individuals with emergency medical needs. A home rule unit may not respond to or provide services for a mental or behavioral health emergency, or create a transportation plan or other regulation, relating to the provision of mental or behavioral health services in a manner inconsistent with this Act. Provides that one plan shall describe how the EMS Region will provide mobile emergency mental and behavioral health services to individuals who do not present as a threat to the responders, and are not involved in criminal activity at the time of the response. Provides that the plan shall conform to the requirements of the Act and, recognizing the variety of systems, services, and needs across the State, provide the specific requirements and guidance appropriate for that region. Provides that the plan shall be identified as the region's community emergency services and supports plan. Provides that the second plan shall describe the manner and extent to which responders operating under the region's Community Emergency Services and Supports Plan coordinate with law enforcement when responding to individuals who appear to be in a mental or behavioral health emergency while engaged in conduct alleged to constitute a non-violent misdemeanor. Provides that the plan shall be identified as the region's Non-Violent Misdemeanor Coordination Plan. Amends the Emergency Telephone System Act to make conforming changes. Effective immediately. Fiscal Note (Dept. of Human Services) The fiscal impact to IDHS to provide for the establishment and oversight on the committees would be minimal. House Floor Amendment No. 1 Replaces everything after the enacting clause. Creates the Community Emergency Services and Support Act. Provides that each 9-1-1 call center and provider of emergency services dispatched through a 9-1-1 system must coordinate with the mobile mental and behavioral health services established by the Division of Mental Health of the Department of Human Services so that the following State goals and State prohibitions are met whenever a person interacts with one of these entities for the purpose seeking emergency mental and behavioral health care or when one of these entities recognizes the appropriateness of providing mobile mental or behavioral health care to an individual with whom they have engaged. Provides that the Division of Mental Health is also directed to provide guidance regarding whether and how these entities should coordinate with mobile mental and behavioral health services when responding to individuals who appear to be in a mental or behavioral health emergency while engaged in conduct alleged to constitute a non-violent misdemeanor. Provides that 9-1-1 call centers, emergency services dispatched through 9-1-1 call centers, and the mobile mental and behavioral health service established by the Division of Mental Health must coordinate their services so that certain specified State prohibitions are avoided. Provides that the Division of Mental Health shall establish regional advisory committees in each EMS Region to advise on emergency response systems for mental and behavioral health. Provides that the Act applies to persons of all ages, both children and adults. Provides that the Act does not limit an individual's right to control his or her own medical care. No provision of this Act shall be interpreted in such a way as to limit an individual's right to choose his or her preferred course of care or to reject care. Provides that no provision of this Act shall be interpreted to promote or provide justification for the use of restraints when providing mental or behavioral health care. Amends the Emergency Telephone System Act to make conforming changes. Senate Committee Amendment No. 1 Deletes reference to: 50 ILCS 750/4 Replaces everything after the enacting clause. Creates the Community Emergency Services and Support Act. Provides that each 9-1-1 call center and provider of emergency services dispatched through a 9-1-1 system must coordinate with the mobile mental and behavioral health services established by the Division of Mental Health of the Department of Human Services so that the following State goals and State prohibitions are met whenever a person interacts with one of these entities for the purpose seeking emergency mental and behavioral health care or when one of these entities recognizes the appropriateness of providing mobile mental or behavioral health care to an individual with whom they have engaged. The Division of Mental Health is also directed to provide guidance regarding whether and how these entities should coordinate with mobile mental and behavioral health services when responding to individuals who appear to be in a mental or behavioral health emergency while engaged in conduct alleged to constitute a non-violent misdemeanor. Provides that 9-1-1 PSAPs, emergency services dispatched through 9-1-1 PSAPs, and the mobile mental and behavioral health service established by the Division of Mental Health must coordinate their services so that the State goals listed in this Section are achieved. Appropriate mobile response service for mental and behavioral health emergencies shall be available regardless of whether the initial contact was with 9-8-8, 9-1-1 or directly with an emergency service dispatched through 9-1-1. Provides that the Division of Mental Health shall establish a Statewide Advisory Committee to review and make recommendations for aspects of coordinating 9-1-1 and the 9-8-8 mobile mental health response system most appropriately addressed on a State level. Provides that the Division of Mental Health shall establish Regional Advisory Committees in each EMS Region to advise on regional issues related to emergency response systems for mental and behavioral health. Provides that the exemptions from civil liability in the Emergency Telephone Systems Act apply to any act or omission in the development, design, installation, operation, maintenance, performance, or provision of service directed by the Act. Provides that the Act applies to persons of all ages, both children and adults. This Act does not limit an individual's right to control his or her own medical care. No provision of this Act shall be interpreted in such a way as to limit an individual's right to choose his or her preferred course of care or to reject care. No provision of this Act shall be interpreted to promote or provide justification for the use of restraints when providing mental or behavioral health care. Senate Floor Amendment No. 2 Make technical and stylistic changes in the bill as amended by Senate Amendment No. 1. Adds additional responsibilities for 9-1-1 Public Safety Answering Point telecommunicators and emergency service providers. Places the applicability and home rule preemption provisions in a separate Section of the bill.

Amends the Illinois Insurance Code. Provides that every insurer that amends, delivers, issues, or renews a group or individual policy of accident and health insurance or a qualified health plan offered through the health insurance marketplace in the State and Medicaid managed care organizations providing coverage for hospital or medical treatment shall provide coverage for medically necessary treatment of mental, emotional, nervous, or substance use disorders or conditions. Provides that an insurer shall not limit benefits or coverage for medically necessary services on the basis that those services should be or could be covered by a public program. Provides that an insurer shall base any medical necessity determination or the utilization review criteria on current generally accepted standards of mental, emotional, nervous, or substance use disorder or condition care. Provides that in conducting utilization review of covered health care services and benefits for the diagnosis, prevention, and treatment of mental, emotional, and nervous disorders or conditions in children, adolescents, and adults, an insurer shall exclusively apply the criteria and guidelines set forth in the most recent versions of the treatment criteria developed by the nonprofit professional association for the relevant clinical specialty. Provides that an insurer shall not apply different, additional, conflicting, or more restrictive utilization review criteria than the criteria and guidelines set forth in the treatment criteria. Provides that the Director may, after appropriate notice and opportunity for hearing, assess a civil penalty between $5,000 and $20,000 for each violation. Amends the Health Carrier External Review Act. Provides that the independent review organization shall comply with specified requirements for an adverse determination or final adverse determination involving mental, emotional, nervous, or substance use disorders or conditions. Makes other changes. Effective immediately. House Floor Amendment No. 1 In provisions concerning mental and emotional disorders, provides that an insurer shall not set a specific limit on the duration of benefits or coverage of medically necessary treatment of mental, emotional, nervous, or substance use disorders or conditions or limit coverage only to alleviation of the insured's current symptoms. Provides that nothing shall require the insurer to cover a treatment when the authorization was granted based on a material misrepresentation by the insured, the policyholder, or the provider. Provides that an insurer may apply specified utilization review criteria to health care services and benefits for mental, emotional, and nervous disorders or conditions that are outside the scope of specified criteria and guidelines or relate to advancements in technology or types of care that are not covered in the most recent versions of specified sources. Provides that if the Director of Insurance determines that an insurer has violated the provisions, the Director may assess a civil penalty between $1,000 and $5,000 for each violation (rather than between $5,000 and $20,000). Removes language that provides that changes in terminology, organization, or classification of mental, emotional, nervous, substance use disorder or condition in future versions of specified publications shall not affect the conditions covered by provisions concerning mental and emotional disorders as long as a condition is commonly understood to be a mental, emotional, nervous, or substance use disorder or condition by health care providers practicing in relevant clinical specialties. Removes language that provides that an insurer shall not limit benefits or coverage for mental, emotional, nervous, or substance use disorders or conditions to short-term or acute treatment at any level of placement. Makes other changes. Changes the effective date to January 1, 2022 (rather than an immediate effective date). Senate Committee Amendment No. 1 Adds reference to: 215 ILCS 5/370c.1 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Provides that every insurer that amends, delivers, issues, or renews a group or individual policy of accident and health insurance or a qualified health plan offered through the health insurance marketplace in the State and Medicaid managed care organizations providing coverage for hospital or medical treatment shall provide coverage for medically necessary treatment of mental, emotional, nervous, or substance use disorders or conditions on or after January 1, 2023 (rather than January 1, 2022). Provides that an insurer or Medicaid managed care organization shall not be required to pay for services if the individual was not the insurer's enrollee or eligible for Medicaid at the time the service was rendered. Provides that an insurer shall not be required to cover benefits that have been authorized and provided for a covered person by a public entitlement program. Provides that for medical necessity determinations (rather than in conducting utilization review of covered health care services and benefits) relating to level of care placement, continued stay, and transfer or discharge of insureds diagnosed with mental, emotional, and nervous disorders or conditions, insurers and Medicaid managed care organizations shall apply specified patient placement criteria. Makes various changes to provisions concerning requirements for insurers regarding education of the insurer's staff and other stakeholders, publishing of utilization review criteria, and documentation of interrater reliability testing and remediation actions. Further amends the Illinois Insurance Code. In provisions concerning mental, emotional, nervous, or substance use disorder or condition parity, provides that not later than January 1 (rather than August 1) of each year, the Department of Insurance shall issue a joint report to the General Assembly and provide an educational presentation to the General Assembly. Removes language that provides that insurers shall base the duration of treatment on the insured's individual needs; that an insurer shall only engage applicable qualified providers in the treatment of mental, emotional, nervous, or substance use disorders or conditions or the appropriate subspecialty and who possess an active professional license or certificate to review, approve, or deny services; and that every insurer shall sponsor a formal education program by nonprofit clinical specialty associations. Makes other changes. Effective January 1, 2022, except that specified provisions take effect immediately.

Amends the Student Online Personal Protection Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 105 ILCS 85/1 Adds reference to: 105 ILCS 5/2-3.62 from Ch. 122, par. 2-3.62 105 ILCS 5/27-9.1a new 105 ILCS 5/27-9.1b new 105 ILCS 5/27A-5 105 ILCS 5/34-18.8 from Ch. 122, par. 34-18.8 105 ILCS 110/3 105 ILCS 5/27-9.1 rep. 105 ILCS 5/27-9.2 rep. 105 ILCS 5/27-11 rep. Replaces everything after the enacting clause. Amends the School Code. In the Courses of Study Article, repeals the sex education, family life, and instruction on diseases provisions. Instead, beginning no later than July 1, 2023, requires a school district, including a charter school, to provide comprehensive personal health and safety education in kindergarten through the 5th grade and comprehensive sexual health education in the 6th through 12th grades in all public schools. Sets forth the criteria that all classes that teach comprehensive personal health and safety and comprehensive sexual health education must satisfy. Contains, among other provisions, provisions concerning guest lecturers or resource persons, participation, the review of instructional materials, learning standards, resource materials, and reporting. Requires a school district, including a charter school, to provide age and developmentally appropriate consent education in the 3rd through 12th grades; sets forth what the instruction and materials must include. Makes changes in the Chicago School District Article concerning AIDS training. Amends the Critical Health Problems and Comprehensive Health Education Act to make changes concerning the program established under the Act. Effective immediately. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by Senate Amendment No. 1, with the following changes. Makes changes to the definitions of "complete", "comprehensive personal health and safety education", and "comprehensive sexual health education" and the learning standards. Provides that the annual report to the General Assembly must be submitted for a period of 2 (rather than 5) years. Requires age and developmentally appropriate consent education to be provided in kindergarten (rather than the 3rd grade) through the 12th grade. Corrects a grammatical error. Effective immediately. Senate Floor Amendment No. 3 Deletes reference to: 105 ILCS 110/3 Removes provisions concerning the comprehensive health education program. Senate Floor Amendment No. 4 Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by Senate Amendments Nos. 2 and 3, with the following changes. In provisions requiring the State Board of Education to develop and adopt learning standards, specifies that the comprehensive personal health and safety education learning standards shall be adopted for pupils in kindergarten through the 5th grade and the comprehensive sexual health education learning standards shall be adopted for pupils in the 6th through 12th grades. Removes a provision requiring school districts to provide comprehensive personal health and safety education and comprehensive sexual health education by no later than July 1, 2023. Provides that the annual report to the General Assembly must be submitted for a period of 5 (rather than 2) years. Provides that a school district may (rather than shall) provide age and developmentally appropriate consent education in kindergarten through the 12th grade. Makes grammatical and typographical changes. Effective immediately. Balanced Budget Note (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 818 as il is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Judicial Note (Admin Office of the Illinois Courts) This legislation would neither increase nor decrease the number of judges needed in the state of Illinois. Home Rule Note (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. Pension Note (Government Forecasting & Accountability) SB 0818, as engrossed, will not impact any public pension fund or retirement system in the State of Illinois. State Debt Impact Note (Government Forecasting & Accountability) SB 0818, as Engrossed, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Housing Affordability Impact Note (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Fiscal Note (Dept. of Human Services) No fiscal impact to IDHS related to the changes proposed in SB 818. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Correctional Note (Dept of Corrections) This amendment has no fiscal impact or population impact on the department. Fiscal Note (Dept. of Public Health) SB 818 would not pose any fiscal cost aside from standard staff time helping ISBE develop standards, where the cost would be negligible. Land Conveyance Appraisal Note (Dept. of Transportation) No land conveyances are included in Senate Bill 818; therefore, there are no appraisals to be filed. Fiscal Note (State Board of Education) SB 818 will have a fiscal impact of $2,175,588.61 over 3 fiscal years.

Amends the Alternative Health Care Delivery Act. In provisions regarding demonstration program requirements, requires there to be 6 (rather than 4) birth center alternative health care models in the demonstration program located in the area comprising Cook, DuPage, Kane, Lake, McHenry, and Will counties, 2 (rather than one) of which shall be owned or operated by a federally qualified health center. Provides that one birth center alternative health care model in the demonstration program shall be located within Planning Area A-3 to address the disparate perinatal and child health outcomes in Planning Area A-3. Provides that birth centers located in Planning Area A-3 or operated by a federally qualified health center are exempt from the requirements of the Illinois Health Facilities Planning Act or successor Acts. Effective immediately. House Floor Amendment No. 2 Provides that there shall be no more than 17 (rather than 12) birth center alternative health care models in the demonstration program. Provides that: 10 (rather than 6) birth center alternative health care models shall be located in the area comprising Cook, DuPage, Kane, Lake, McHenry, and Will counties; 2 birth center alternative health care models shall be located in Planning Area A-2; 2 birth center alternative health care models shall be located in Planning Area A-4; and one birth center alternative health care model shall be located in the City of East St. Louis in Planning Area F-1. Removes language providing that a birth center located in Planning Area A-3 or operated by a federally qualified health center is exempt from the requirements of the Illinois Health Facilities Planning Act or successor Acts.

Amends the Regulatory Sunset Act. Extends the repeal date of the Water Well and Pump Installation Contractor's License Act from January 1, 2022 to January 1, 2032. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 5 ILCS 80/4.41 new Adds reference to: 5 ILCS 80/4.37 In provisions amending the Regulatory Sunset Act, provides for repeal of the Water Well and Pump Installation Contractor's License Act on January 1, 2027 (rather than January 1, 2032).

Amends the Dual Credit Quality Act. Provides that a community college district shall, upon the request of a school district within the jurisdiction of the community college district, enter into a partnership agreement with the school district to offer dual credit courses for students with intellectual disabilities. Provides that courses shall include, if appropriate, support outlined in the student's individualized education program and support provided under a significantly modified curriculum. Provides that within one year after the effective date of the amendatory Act, every community college district in this State shall create a plan outlining a partnership agreement with a school district to offer dual credit courses for students with intellectual disabilities; requires the plan to be updated every 3 years thereafter. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Dual Credit Quality Act. Within one year after the effective date of the amendatory Act, requires each community college district to develop a plan to offer dual credit courses to high school students with disabilities enrolled in school districts located within the jurisdiction of the community college district who have an individualized education program under the Children with Disabilities Article of the School Code and who do not otherwise meet the academic criteria for dual credit course eligibility pursuant to the Act. Sets forth requirements concerning the plan. Effective immediately. House Floor Amendment No. 2 Adds reference to: 105 ILCS 5/14-8.03 from Ch. 122, par. 14-8.03 110 ILCS 27/16 110 ILCS 805/3-29.14 new Replaces everything after the enacting clause. Amends the Children with Disabilities Article of the School Code in provisions concerning transition services. Makes changes relating to the definition of terms. Provides that, as a component of transition planning, a school district shall provide a student with information about the school district's career and technical education (CTE) opportunities and postsecondary CTE opportunities; sets forth what the CTE information must include. Provides that a student in high school with an individualized education program may enroll in the school district's CTE program at any time if participation in a CTE program is consistent with the student's transition goals. Makes changes concerning the participants in the transition planning process. Amends the Dual Credit Quality Act. Requires a high school and community college partnership agreement to include the collaborative process and criteria by which a school district and a community college district shall work to ensure that individual students with disabilities have access to dual credit courses, provided that those students are able to meet the criteria for entry into a dual credit course; sets forth other requirements. Amends the Public Community College Act. Requires each community college district to provide access to higher education for students with disabilities. Encourages each community college to offer for-credit and non-credit courses as deemed appropriate for the individual student based on the student's abilities, interests, and postsecondary transition goals, with the appropriate individualized supplementary aids and accommodations. Strongly encourages each community college to have its disability services coordinator or the coordinator's representative participate either in person or remotely in meetings held by high schools within the community college district to provide information to the student's individualized education program team about the community college and the availability of courses and programs at the community college. Effective immediately.

Amends the Children with Disabilities Article of the School Code. Provides that complaints concerning delays and denials of special education services in the 2016-2017 or 2017-2018 school year by the Chicago school district as a result of the adoption of policies and procedures identified by the State Board of Education as unlawful must be filed on or before September 30, 2022 (rather than September 30, 2021). Effective immediately.

If and only if House Bill 2170 of the 101st General Assembly becomes law, amends the Data Governance and Organization to Support Equity and Racial Justice Act to include, in addition to race and ethnicity, the demographic categories of age, sex, disability status, sexual orientation, and gender identity to the categories of data that must be reported. Amends the University of Illinois Hospital Act and the Hospital Licensing Act to require a hospital to report to the Department of Public Health certain demographic data for individuals who have the symptoms of or a potential exposure to COVID-19 and are released from and not admitted to the hospital and individuals who were tested for COVID-19, who were admitted into the hospital for COVID-19, or who have received a vaccination for COVID-19. Varied effective date. Senate Floor Amendment No. 1 Deletes reference to: 110 ILCS 330/8.5 new 210 ILCS 85/6.28 new Adds primary or preferred language to the statistical or demographic data that must be reported under the amendatory provisions. Removes provisions relating to the University of Illinois Hospital Act and the Hospital Licensing Act.

Amends the Unified Code of Corrections. Provides that the Department of Corrections shall make information about the availability of referral services to any other State or local agencies known to a parolee or releasee prior to his or her release from the correctional facility where the parolee or releasee has been residing. Effective immediately.