Rep. Theresa Mah

Amends the Illinois Act on the Aging. Provides that rates for homemaker services shall be increased to $29.64 beginning July 1, 2023 to sustain a minimum wage of $18 per hour for direct service workers. Requires rates in subsequent State fiscal years to be no lower than the rates in effect on July 1, 2023. Requires providers of in-home services to be required to certify to the Department on Aging that they remain in compliance with the mandated wage increase for direct service workers. Provides that fringe benefits, including, but not limited to, paid time off and payment for training, health insurance, travel, or transportation, shall not be reduced in relation to the rate increases described in the amendatory Act. Effective July 1, 2023.

Amends the Illinois Administrative Procedure Act. Provides that all agency rules establishing procedures for contested cases may include procedures for requesting language assistance. Provides that, in a contested case, all parties shall be afforded an opportunity for an administrative hearing after reasonable notice in the preferred spoken language of the parties, if known by the agency. Provides that notice for the administrative hearings shall include instructions at the top of the notice, written in, at a minimum, English, Spanish, Polish, Gujarati, Urdu, Mandarin, Cantonese, Korean, and Tagalog, for assistance in translating the contents of the notice, and a statement written in those languages. Defines "language assistance". Provides that the administrative law judge has the duty to inquire and determine if a participant in the hearing needs language assistance to participate in or understand the hearing. Provides that if an individual for whom English is a second language knows some English, it should not prohibit that individual from being allowed to receive language assistance. Provides that the examination of the individual believed to be in need of language assistance must be done on the record, and the conclusion of the administrative law judge must be stated on the record. Provides that any party or witness has the right to request language assistance to participate in or understand the hearing at any time during the course of the hearing. Creates qualifications for the certification of administrative hearing interpreters.

Amends the Government Electronic Records Act. Makes a technical change in a Section concerning the short title.

Amends the Protect Health Data Privacy Act. Provides that a regulated entity shall disclose and maintain a health data privacy policy that, in plain language, clearly and conspicuously disclosures specified information. Provides that a regulated entity shall prominently publish its health data privacy policy on its website homepage. Provides that a regulated entity shall not collect, share, sell, or store categories of health data not disclosed in the health data privacy policy without first disclosing the categories of health data and obtaining the consumer's consent prior to the collection, sharing, selling, or storing of such data. Prohibits the collection, sharing, selling, or storing of health data. Describes the regulated entity's duty to obtain consent; the consumer's right to withdraw consent; prohibitions on discrimination; prohibitions on geofencing; a private right of action; enforcement by the Attorney General; and conflicts with other laws. Makes other changes.

Amends the Illinois Food, Drug and Cosmetic Act. In provisions allowing the filling or refilling of personal containers with bulk food, refers to restaurants and retailers (rather than just retailers). Allows restaurants and retailers to fill or refill a consumer-owned container with ready-made food. Allows clean consumer-owned containers provided or returned to a restaurant or retailer for filling or refilling to be filled or refilled and returned to the same consumer if the consumer-owned container is filled or refilled by either an employee of the restaurant or retailer or the owner of the consumer-owned container. Requires filled or refilled consumer-owned containers to be designed and constructed for reuse in accordance with specified federal requirements. Contains requirements for restaurants and retailers. Directs the Department of Public Health to produce materials for restaurants and retailers on or before January 1, 2024 indicating that consumer-owned containers are not prohibited for use under Illinois law and specifying best practices for food safety requirements for consumer-owned containers. Effective immediately.

Amends the Code of Civil Procedure. Makes a technical change in a Section concerning the effect of Article, Part, and Section headings.

Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Creates the Office of the Ombudsman for International Applicants within the Department of Financial and Professional Regulation to assist international applicants in meeting the foreign education requirements for those licensed under the Medical Practice Act of 1987 and the Nurse Practice Act. Provides that the duties of the Office of the Ombudsman for International Applicants would include: (i) answering questions about meeting foreign education requirements; (ii) assisting international applicants in successful completion of the application forms; (iii) coordinating with personnel of the Department in processing the applications; and (iv) providing direction to community organizations that assist international applicants.

Creates the Higher Education in Prison Act. Provides that on or before September 1 of the year following the effective date of the Act and each subsequent September 1, the Department of Corrections shall release a report, to be published on the Department of Corrections's Internet website, detailing certain information pertaining to higher education within Department institutions and facilities. Requires the report to be filed with the Governor and General Assembly. Provides that the data provided in the report shall include an aggregate chart at the Department level and individual reports by each correctional institution or facility of the Department of Corrections. Provides that on or before September 1 of the year following the effective date of the Act and each subsequent September 1, each college and university that provides academic programs for committed persons shall report to the Board of Higher Education on enrollment, retention, completion, and student demographics, including race, ethnicity, age, and gender of committed students. Provides that the Board of Higher Education shall compile the information and, within 60 days after receipt of such information, issue a report reflecting the information for each institution required to report. Provides that the report must be filed with the Governor and General Assembly and made publicly available on the Board of Higher Education's Internet website.

Amends the Alternative Health Care Delivery Act. Makes a technical change in a Section concerning definitions.

Amends the Smoke Free Illinois Act. Includes the use of alternative nicotine products and electronic cigarettes in the definition of "smoke" or "smoking". Defines "electronic cigarette", "nicotine", and "tobacco product". Effective January 1, 2024.