Rep. Theresa Mah

Amends the Substance Use Disorder Act. Requires the Department of Human Services to (i) establish a new intervention license category entitled "OPS Harm Reduction Services", (ii) establish standards for entities to become licensed under the OPS Harm Reduction Services category, and (iii) create a licensing application process. Provides that, notwithstanding any other law, ordinance, or regulation, any entity licensed as an OPS Harm Reduction Services provider may operate an overdose prevention site as authorized by the Department. Requires the Department to make a determination as to whether to approve an entity's application for an OPS Harm Reduction Services license within 4 weeks after the date upon which the entity submitted its application to the Department. Requires the Department to help educate local communities and public and private entities about overdose prevention sites and the evidence regarding the benefits of overdose prevention sites. Requires entities approved to operate an overdose prevention site to, at a minimum, provide a hygienic space where participants may consume pre-obtained substances, maintain a supply of naloxone and oxygen on-site, employ staff trained to administer first aid to participants who are experiencing an overdose, provide secure hypodermic needle and syringe disposal services, encourage drug checking or the use of fentanyl test strips, and other services. Requires licensed entities to submit a report to the Department on the number of participants who have received or are receiving services at the overdose prevention site and other matters. Grants immunity from civil or criminal liability to specified persons. Preempts home rule powers.

Creates the Health Care Availability and Access Board Act. Establishes the Health Care Availability and Access Board to protect State residents, State and local governments, commercial health plans, health care providers, pharmacies licensed in the State, and other stakeholders within the health care system from the high costs of prescription drug products. Contains provisions concerning Board membership and terms; staff for the Board; Board meetings; circumstances under which Board members must recuse themselves; and other matters. Provides that the Board shall perform the following actions in open session: (i) deliberations on whether to subject a prescription drug product to a cost review; and (ii) any vote on whether to impose an upper payment limit on purchases, payments, and payor reimbursements of prescription drug products in the State. Permits the Board to adopt rules to implement the Act and to enter into a contract with a qualified, independent third party for any service necessary to carry out the powers and duties of the Board. Creates the Health Care Availability and Access Stakeholder Council to provide stakeholder input to assist the Board in making decisions as required by the Act. Contains provisions concerning Council membership, member terms, and other matters. Provides that the Board shall adopt the federal Medicare Maximum Fair Price as the upper payment limit for a prescription drug product intended for use by individuals in the State. Provides that the Attorney General shall have authority to enforce the Act and may pursue any available remedy under State law when enforcing the Act. Effective 180 days after becoming law.

Amends the School Code. Provides that each school district must create, implement, and maintain an age-appropriate policy on race-related harassment and discrimination. In provisions concerning bullying prevention, provides that the required policy on bullying shall also include age-appropriate information about the definitions of harassment and sexual harassment, the procedures for reporting harassment, and the protections and relief available under Illinois Human Rights Act. Amends the Illinois Human Rights Act. Provides that harassment by an elementary, secondary, or higher education representative or the failure of an institution of elementary, secondary, or higher education to take remedial action or appropriate disciplinary action against a student or an elementary, secondary, or higher education representative employed by the institution (if the institution knows that the student or representative committed or engaged in harassment) is a civil rights violation. Provides that each institution of elementary, secondary, or higher education shall establish, implement, and maintain a continuing race-related discrimination and harassment program. Sets forth requirements concerning policies and procedures, a model training program, and reporting. Makes other changes. Effective August 1, 2024.

Amends the Educator Licensure Article of the School Code. Provides that the operating procedures of the State Educator Preparation and Licensure Board may provide for the inclusion of nonvoting, ex officio members on the Board. With respect to a for-profit or not-for-profit entity being recognized as an educator preparation institution, provides that any for-profit or not-for-profit entity with a presence in this State must also be approved by the Board of Higher Education or the Illinois Community College Board (instead of providing that any for-profit or not-for-profit entity must also be approved by the Board of Higher Education).

Amends the Open Space Lands Acquisition and Development Act. Provides that, notwithstanding any other provision of law, moneys in the Open Space Lands Acquisition and Development Fund may not be appropriated, assigned, or transferred to another State fund. Effective immediately.

Amends the Illinois Insurance Code. In provisions concerning surplus line insurance, changes the definition of "home state". Amends the Farm Mutual Insurance Company Act of 1986. Sets forth provisions concerning farm mutual insurance company investments in home office real estate. Makes other changes.

Amends the Life Care Facilities Act. Provides that the financial disclosure provided to a resident must include, but is not limited to, fee schedules; fee adjustment policies; the history of fee increases; reserve funding provisions; expected source of funding for the development of new facilities; refund policies; and the status of resident claims on assets if the facility were to fall into bankruptcy or insolvency (instead of only a disclosure of short-term assets and liabilities). Provides that the required financial disclosures shall also be posted in a conspicuous location in the facility to which residents must have access.

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Sets forth requirements for any State entity or hospital that receives funding from the National Institutes of Health to conduct clinical trials of drugs or medical devices. Provides that the Department of Public Health, in consultation with relevant research organizations, shall analyze and provide recommendations on: (i) the demographic groups and populations that are currently represented and underrepresented in clinical trials in the State, including representation of groups based on their geographic location; (ii) the barriers that prevent persons who are members of underrepresented demographic groups from participating in clinical trials in the State, including barriers related to transportation; and (iii) approaches for how clinical trials can successfully partner with others to provide outreach to underrepresented communities. Provides that the Department shall report to the General Assembly on the results of the study by July 1, 2025. Sets forth definitions of underrepresented community and underrepresented demographic group. Provides that the Department shall review guidance published by the United States Food and Drug Administration and use existing infrastructure to encourage participation in clinical trials of drugs and medical devices by persons who are members of underrepresented demographic groups. Authorizes the Department to apply for any grants related to the encouragement of underrepresented demographic groups related to the United Food and Drug Administration's guidance.

Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after the effective date of the amendatory Act shall provide coverage for at-home, urine-based pregnancy tests that are prescribed to the covered person, regardless of whether the tests are otherwise available over-the-counter.

Amends the Secretary of State Act. Provides that the Secretary of State shall establish an electronic registry, to be known as the Advance Directive Registry, through which residents of the State of Illinois may deposit, with the Secretary of State, a completed Department of Public Health Uniform POLST form. Specifies that information in the Advance Directive Registry shall be made available to hospitals licensed under the Hospital Licensing Act and hospitals organized under the University of Illinois Hospital Act. Authorizes hospitals to rely on information obtained from the Advance Directive Registry as an accurate copy of the documents filed with the Advance Directive Registry. Directs the Secretary of State to adopt any rules necessary to implement the amendatory Act and to provide information on the Secretary of State's website regarding use of the Advance Directive Registry. Provides that, except in the case of gross negligence or willful misconduct, the Secretary of State and employees of the Secretary of State are immune from any civil or criminal liability in connection with the creation and maintenance of the Advance Directive Registry. Provides that a person who knowingly submits a document to the Advance Directive Registry without authorization or assists in such submission shall be guilty of a Class A misdemeanor.