Rep. Lisa Hernandez

Amends the Unified Code of Corrections. Provides that 45 days prior to the scheduled discharge of a person committed to the custody of the Department of Corrections, the Department shall give the person: (1) information about obtaining a standard Illinois Identification Card or a limited-term Illinois Identification Card; (2) information about voter registration and may distribute information prepared by the State Board of Elections and may enter into an interagency contract with the State Board of Elections to participate in the automatic voter registration program and be a designated automatic voter registration agency under the Election Code; (3) information about job listings upon discharge from the correctional institution or facility; (4) information about available housing upon discharge from the correctional institution or facility; (5) a directory of elected State officials and of officials elected in the county and municipality, if any, in which the committed person intends to reside upon discharge from the correctional institution or facility; and (6) any other information that the Department of Corrections deems necessary to provide the committed person in order for the committed person to reenter the community and avoid recidivism (currently, the committed person is provided information, if uninsured, about applying for health care coverage including medical assistance under the Illinois Public Aid Code).

Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that all State agencies shall recognize and accept the certifications of businesses that have been certified as minority-owned businesses or women-owned businesses for purposes of participating in the Business Enterprise Program, when such certification was provided by any entity having certification requirements more restrictive than that required by the Business Enterprise Program, including, but not limited to, an income level requirement. Senate Committee Amendment No. 1 Deletes reference to: 30 ILCS 575/8k new Adds reference to: 30 ILCS 575/8l new Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with changes. Provides that the Business Enterprise Program (rather than State agencies) shall recognize and accept the certifications of businesses that have been certified as minority-owned businesses or women-owned businesses by the City of Chicago, Cook County, or other entities approved by the Business Enterprise Council for purposes of participating in the Business Enterprise Program, provided that the City of Chicago, Cook County, or other entities approved by the Business Enterprise Council have certification requirements more restrictive than that required by the Business Enterprise Program, including, but not limited to, an income level requirement. Makes other changes.

Amends the State Commemorative Dates Act. Provides that the second day of April of each year is a holiday to be known as Autism Awareness Day to be observed throughout the State as a day to promote the awareness of autism. Amends the Election Code, the Illinois Procurement Code, the School Code, and the Promissory Note and Bank Holiday Act to include Autism Awareness Day as a holiday. House Committee Amendment No. 1 Deletes reference to: 10 ILCS 5/1-6 30 ILCS 500/15-45 105 ILCS 5/24-2 205 ILCS 630/17 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that the first full week of April of each year is designated as Autism Awareness Week (rather than designated as a holiday to be known as Autism Awareness Day) to be observed throughout the State as a week to promote the awareness of autism and to encourage school districts, organizations, businesses, and local residents to support this week and participate in informed educational events planned to commemorate the occasion. Removes provisions creating Autism Awareness Day as a holiday. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that the first full week of April of each year is designated as Autism Acceptance Week (rather than Autism Awareness Week). Makes conforming changes.

Amends the Illinois Public Labor Relations Act. Provides that the showing of interest in support of a petition filed for the purpose of selecting a labor organization as the representative of the employees in a bargaining unit may be evidenced by electronic communications, and such writing or communication may be evidenced by the electronic signature of the employees. Provides that the showing of interest shall be valid only if signed within 12 months prior to the filing of the petition. Provides that a secret ballot election held for the purpose of selecting a labor organization as the representative of the employees in a bargaining unit may be conducted electronically, using an electronic voting system, in addition to paper ballot voting systems. Provides that it shall be an unfair labor practice for an employer to promise, threaten, or take any action because of an employee's specified participation in a strike. House Floor Amendment No. 1 Adds reference to: 115 ILCS 5/7 from Ch. 48, par. 1707 115 ILCS 5/8 from Ch. 48, par. 1708 115 ILCS 5/14 from Ch. 48, par. 1714 Amends the Illinois Educational Labor Relations Act. With respect to the recognition of exclusive bargaining representatives, provides that the showing of interest in support of certain petitions may be evidenced by electronic communications and such writing or communication may be evidenced by the electronic signature of an employee as provided under the Electronic Commerce Security Act. Provides that the showing of interest shall be valid only if signed within 12 months prior to the filing of the petition. In provisions regarding elections, provides that a secret ballot election may be conducted electronically, using an electronic voting system, in addition to paper ballot voting systems. Adds as an unfair labor practice promising, threatening, or taking any action (i) to permanently replace an employee who participates in a strike, (ii) to discriminate against an employee who is working or has unconditionally offered to return to work for the employer because the employee supported or participated in such as a strike, or (iii) to lockout, suspend, or otherwise withhold from employment employees in order to influence the position of such employees or the representative of such employees in collective bargaining prior to a strike. Senate Committee Amendment No. 1 Specifies that it shall be an unfair labor practice for public employers and educational employers to promise, threaten, or take specified actions against their employees concerning a lawful strike. Effective immediately.

Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that the Department of Commerce and Economic Opportunity shall establish criteria and guidelines for State-designated cultural districts. Specifies powers and duties of the Department. Provides requirements concerning certification of State-designated cultural districts. Provides State-designated cultural district reporting requirements. Defines "State-designated cultural district". Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Requires the Department of Commerce and Economic Opportunity to establish an advisory committee to advise the Department on program rules and the certification process. Provides for the members of the advisory committee. Modifies and provides further requirements concerning certification of State-designated cultural districts. Makes other changes. Senate Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of Senate Amendment No. 1, and makes a change providing that the advisory committee to advise the Department of Commerce and Economic Opportunity on program rules and the certification process shall include 4 community representatives (rather than 2) appointed by the Governor representing diverse racial, ethnic, and geographic groups not captured in the membership of the other designees, with the input of community and stakeholder groups. House Floor Amendment No. 2 Deletes reference to: 20 ILCS 605/605-1055 new Adds reference to: 20 ILCS 605/605-1057 new Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with changes. Modifies the powers and duties of the Department of Commerce and Economic Opportunity regarding the establishment of State-designated cultural districts. Modifies the composition of the advisory committee. Provides that the advisory committee shall reflect the diversity of the State of Illinois, including geographic, racial, and ethnic diversity. Provides further requirements concerning certification of State-designated cultural districts. Provides that the Department shall award no more than 5 State-designated cultural districts every year, and that the total amount of State-designated cultural districts shall be more than 15. Provides that any State-designated cultural district that fails to file the specified required report for 2 consecutive years shall lose its status. Repeals provisions on July 1, 2031. Makes other changes. House Floor Amendment No. 3 Provides for the appointment of members to the advisory committee by the Minority Leaders of the House of Representatives and the Senate.

Amends the Privacy of Child Victims of Criminal Sexual Offenses Act. Provides that law enforcement agency records and all circuit court records relating to any investigation or proceeding pertaining to a criminal sexual offense shall be restricted to exclude the identity of a child victim, and shall not be restricted to exclude the identity of any child who is a victim of such criminal sexual offense or alleged criminal sexual offense only if a court order is issued authorizing the disclosure of a particular case or particular cases records maintained by any circuit court clerk. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced, with the following change: Clarifies language related to restricting the identity of child victims of criminal sexual offenses or alleged criminal sexual offenses by providing that such identity shall be restricted unless a court order is issued authorizing the removal of such restriction of a particular case record or particular records of cases maintained by any circuit court clerk. House Committee Amendment No. 1 Further amends the Privacy of Child Victims of Criminal Sexual Offenses Act. Provides that an advocate and victim's attorney may be exempt from a requirement to exclude a victim's identity in certain records (in addition to the exemptions provided in current law). Provides that the copy of the criminal history record information to be provided under a specified provision shall exclude the identity of the child victim. Provides that, in a provision concerning criminal sexual offense and school districts, a superintendent shall be restricted from revealing the identity of the victim. Provides that nothing in this Article precludes or may be used to preclude a mandated reporter from reporting child abuse or child neglect as required under the Abused and Neglected Child Reporting Act. House Floor Amendment No. 2 Provides that the Attorney General and Assistant Attorneys General may be exempt from a requirement to exclude a victim's identity in certain records.

Creates the Know Before You Owe Private Education Loan Act. Requires private educational lenders to obtain from the relevant institution of higher education at which the borrower will use the loan proceeds certifications regarding cost, enrollment status of the borrower, and financial assistance available to the borrower. Provides that private educational lenders must file reports with the Department of Financial and Professional Regulation and the Student Loan Ombudsman. Provides that loan statements must be provided not less frequently than quarterly. Requires institutions of higher education to certify compliance with provisions of the Act to the Board of Higher Education or Illinois Community College Board as a condition to operate. Defines terms. Effective immediately. House Floor Amendment No. 2 Revises a cross-reference to certain certifications required under the Act to be made by an institution of higher education. Senate Committee Amendment No. 1 Defines the term "annual percentage rate" and requires disclosure of that rate. Provides an exemption from reporting for private educational lenders that fund 10 or fewer educational loans in a calendar year. Adds disclosure requirements for income share agreements.

Amends the Community Benefits Act. Provides that the Act applies to all nonprofit and public hospitals licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act (rather than not applying to a hospital operated by a unit of government, a hospital located outside of a metropolitan statistical area, or a hospital with 100 or fewer beds). Requires community benefits plans to describe activities the hospital is undertaking to address health equity, reduce health disparities, and improve community health. Provides that, in order to increase transparency and accessibility of charity care and financial assistance data, the Attorney General shall post on the Attorney General's website: all community benefits plans contained in reports submitted by hospitals; and a compiled report that summarizes information from completed community benefits plans. Provides that an electronic version of the compiled report shall be sent to the Governor and each member of the General Assembly. Provides a late filing fee for nonprofit hospitals for community benefits plans of $2,500 per month that the report is late (rather than $100). Makes other changes. Amends the Hospital Uninsured Patient Discount Act. Provides that a hospital, other than a rural hospital or a Critical Access Hospital, shall provide a discount from charges to specified uninsured patients for all medically necessary health care services exceeding $150 (rather than $300) in any one inpatient admission or outpatient encounter. Provides for civil monetary penalties of $1,000 to $5,000 (rather than $500) for a violation. Requires the Attorney General to publish an annual report that outlines complaints received related to hospital uninsured discount programs and financial assistance applications. Makes other changes. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 210 ILCS 76/5 210 ILCS 76/25 Replaces everything after the enacting clause with the provisions of the introduced bill and makes the following changes. Removes language specifying that the Act applies to all nonprofit and public hospitals licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act. Removes language changing the provisions concerning a nonprofit hospital that fails to make a report of the community benefits plan. Removes language increasing civil monetary penalties. Provides that hospitals shall permit an uninsured patient to apply for a discount within 90 days (rather than 60 days) of the date of discharge or date of service. Provides that hospitals shall offer uninsured patients who receive community-based primary care provided by a community health center or a free and charitable clinic, are referred by such an entity to the hospital, and seek access to nonemergency hospital-based health care services with an opportunity to be screened for and assistance with applying for public health insurance programs if there is a reasonable basis to believe that the uninsured patient may be eligible for a public health insurance program. Changes the effective date from immediate to January 1, 2022. Makes other changes. House Committee Amendment No. 1 In provisions of the Hospital Uninsured Patient Discount Act regarding patient responsibility, provides that hospitals may make the availability of a discount and the maximum collectible amount under the Act contingent upon the uninsured patient first applying for coverage under public health insurance programs (rather than public programs) if there is a reasonable basis to believe that the uninsured patient may be eligible for such program.

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.