Rep. Curtis Tarver

Creates the Park District and Public Utility Liability Act. Provides that provisions in, or in connection with, a land lease agreement between an electric public utility and a park district that require a lessee park district to indemnify or hold harmless the lessor public utility against liability for damages arising out of bodily injury to persons or damage to property proximately caused by or resulting from the negligence of the lessor is against public policy, void, and unenforceable. Provides that nothing in the Act shall prevent or prohibit a contract, promise, or agreement for a lessor to indemnify or hold harmless any lessee against liability for damages resulting from the sole negligence of the lessor. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Removes the word electric from the definition of "lessor." To the definition of "park district", adds forest preserve districts, conservation districts, and other local public entities that have recreation departments or facilities and have leases with lessors. Provides that waivers of subrogation are against public policy. House Floor Amendment No. 1 Provides that provisions in, or in connection with, a land lease agreement between a public utility (rather than an electric public utility) and a park district that require a lessee park district to indemnify or hold harmless the lessor public utility against liability for damages arising out of bodily injury to persons or damage to property proximately caused by or resulting from the negligence of the lessor is against public policy, void, and unenforceable.

Amends the Nursing Home Care Act. Provides that residents shall have the right to be treated with courtesy and respect for their individuality by employees or persons providing medical services or care, and shall have their human and civil rights maintained in all aspects of medical care. Provides that all applicable rights under the Medical Patient Rights Act apply to residents under the Act. Provides that residents shall not perform labor or services for a facility unless those activities are included for therapeutic purposes and appropriately goal-related in the resident's individual medical record. Provides that every acute care inpatient facility, community-based residential program, and facility employing more than 2 people that provide outpatient mental health services shall have a written internal grievance procedure that, at a minimum: (1) sets forth the process to be followed; (2) specifies time limits, including time limits for facility response; (3) provides for the patient to have the assistance of an advocate; (4) requires a written response to written grievances; and (5) provides for a timely decision by an impartial decision maker if the grievance is not otherwise resolved. Makes other changes. Senate Committee Amendment No. 1 Adds reference to: 210 ILCS 45/2-100 new Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Adds provisions regarding the legislative purpose of the Act and the public policy of the State. Removes language providing that: (1) all residents shall have the right to be treated with courtesy and respect for their individuality by employees or persons providing medical services or care, and shall have their human and civil rights maintained in all aspects of medical care; (2) employees and persons providing medical services or care must have up-to-date certification, licensure, and training pursuant to applicable Illinois law; (3) a resident shall have his or her basic human needs accommodated in a timely manner; (4) a resident has the right to maintain his or her autonomy as much as possible, to be a curious and self-actualizing individual, and to engage in intellectual, self-actualizing creative endeavors; and (5) all applicable rights under the Medical Patient Rights Act apply to all residents under the Act. Provides that every facility (rather than every acute care inpatient facility, community-based residential program, and facility that employs more than 2 people who provide outpatient mental health services) shall have a written internal grievance procedure. Makes changes concerning the criteria for the grievance procedure. Removes language requiring the notice of grievance procedure to include contact information for the Department of Public Health and the area nursing home ombudsman pursuant to specified federal provisions. Makes other changes. Senate Floor Amendment No. 5 Deletes reference to: 210 ILCS 45/2-100 new 210 ILCS 45/2-104 from Ch. 111 1/2, par. 4152-104 Adds reference to: 210 ILCS 45/2-113 from Ch. 111 1/2, par. 4152-113 210 ILCS 45/3-209 from Ch. 111 1/2, par. 4153-209 Replaces everything after the enacting clause. Amends the Nursing Home Care Act. Provides that residents shall have the right to be treated with courtesy and respect for their individuality by employees or persons providing medical services or care and shall have their human and civil rights maintained in all aspects of medical care. Provides that residents shall not perform labor or services for a facility unless those activities are included for therapeutic purposes and appropriately goal-related in the resident's individual medical record. Provides that every facility shall have a written internal grievance procedure that, at a minimum: (1) sets forth the process to be followed; (2) specifies time limits, including time limits for facility response; (3) informs residents of their right to have the assistance of an advocate; (4) provides for a timely response by an impartial decision maker if the grievance is not otherwise resolved; (5) requires the facility to follow applicable State and federal requirements for responding to and reporting any grievance alleging potential abuse, neglect, misappropriation of resident property, or exploitation; and (6) requires the facility to keep a copy of all grievances, responses, and outcomes for 3 years and provide the information to the Department of Public Health upon request. Requires a facility to post specified information concerning rights protection services and where complaints may be lodged. Provides that a facility shall include a link to the Long-Term Care Ombudsman Program's website on the home page of the facility's website. Makes other changes.

Amends the Invest in Kids Act. Makes a formatting change to create a first priority group for eligible students who received a scholarship from a scholarship granting organization during the previous school year. Provides that qualified schools may establish a maximum scholarship amount, which may not exceed the necessary costs and fees for attendance at the qualified school. Provides that the qualified school shall notify the scholarship granting organization of its necessary costs and fees as well as any maximum scholarship amount set by the school. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Specifies that the maximum scholarship amount set by a qualified school is subject to the limitations provided under existing law.

Amends the State Treasurer Act. Makes changes concerning the Illinois Higher Education Savings Program. Provides that the State Treasurer may make supplementary deposits to children in financially insecure households if sufficient funds are available. Provides that the State Treasurer shall annually prepare a report that includes a summary of the Program operations for the preceding fiscal year, including, among other items, the rate of seed deposits claimed, and, to the extent data is reported and available, the racial, ethnic, socioeconomic, and geographic data of beneficiaries and of children in financially insecure households who may receive automatic bonus deposits. Provides that such other information that is relevant to make a full disclosure of the operations of the Program and Fund may also be reported. Makes conforming changes.

Amends the Illinois Controlled Substances Act. Provides that a prescriber shall offer a prescription for naloxone hydrochloride, or another similar drug approved by the Food and Drug Administration, under specified circumstances. Provides for educational information to be provided concerning overdose prevention and the use of naloxone hydrochloride. Provides that a prescriber who does not comply with specified requirements shall be subject to administrative sanctions under the appropriate licensing board. Specifies that the provisions do not create a private right of action against a prescriber, and do not limit a prescriber's liability for the negligent failure to diagnose or treat a patient. Provides that these provisions do apply to a patient receiving hospice care in accordance with the Hospice Program Licensing Act. Contains a purpose provision. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 720 ILCS 570/322 new Adds reference to: 225 ILCS 85/19.1 720 ILCS 570/312 from Ch. 56 1/2, par. 1312 720 ILCS 570/313 from Ch. 56 1/2, par. 1313 Replaces everything after the enacting clause. Amends the Pharmacy Practice Act. In a provision regarding dispensing opioid antagonists, provides that notwithstanding any general or special law to the contrary, a licensed pharmacist shall (rather than may) dispense an opioid antagonist in accordance with written, standardized procedures or protocols developed by the Department of Financial and Professional Regulation with the Department of Public Health and the Department of Human Services and filed at the pharmacy. Provides that before dispensing an opioid a pharmacist shall inform patients that opioids are addictive and offer to dispense an opioid antagonist. Deletes language concerning a training program approved by the Department of Human Services for pharmacists to complete before dispensing an opioid. Amends the Illinois Controlled Substances Act. Provides that prescribers who issue a prescription for an opioid shall inform the patient that opioids are addictive and that opioid antagonists are available by prescription or from a pharmacy. Provides that in a hospital or institution licensed under the Hospital Licensing Act, all prescribers of an opioid shall inform the patient that opioids are addictive and that opioid antagonists are available by prescription or from a pharmacy. Provides that upon discharge any patient who has overdosed on controlled substances shall be provided with an opioid antagonist. Provides that if the patient is not able to pay for the opioid antagonist, then the State of Illinois shall reimburse the hospital for the opioid antagonist from federal grant funds to address substance use disorder or other State funds for the same purpose. Adds an effective date provision of January 1, 2022. Senate Floor Amendment No. 3 Changes the effective date of the bill from January 1, 2022 to January 1, 2023. Senate Floor Amendment No. 4 Provides that in a hospital or institution licensed under the Hospital Licensing Act, all prescribers of an opioid shall inform the patient that opioids are addictive and that opioid antagonists are available by prescription or from a pharmacy. Provides that upon discharge, any patient who has overdosed on controlled substances shall be provided with an opioid antagonist in accordance with written, standardized procedures or protocols developed by the Department of Financial and Professional Regulation with the Department of Human Services and the Department of Public Health and filed at the pharmacy before implementation and are available to the Department of Human Services upon request. Defines "opioid antagonist". Senate Floor Amendment No. 5 Deletes reference to: 720 ILCS 570/313 Deletes provisions of the bill, as amended by Senate Amendment No. 2, that relate to prescriptions of opioids in hospitals or institutions licensed under the Hospital Licensing Act and requirements for providing opioid antagonists to patients who are being discharged after having overdosed on controlled substances.

Creates the Lake Michigan Rescue Equipment Act. Provides that the owner of a pier or drop-off on Lake Michigan shall install public rescue equipment, including, at a minimum, ring life buoys, on each of the owner's piers and drop-offs along the Lake Michigan coast. Provides that public rescue equipment shall also be installed in all high-incident drowning areas on an owner's property. Includes requirements for ring life buoys. Provides that each unit of local government owning a pier or drop-off on Lake Michigan shall track and report to the Department of Public Health, in a form prescribed by the Department, Lake Michigan lakefront drownings, both fatal and non-fatal drownings, near the unit's piers and drop-offs. Includes tracking and reporting requirements. Provides that the Department shall analyze the tracking and reporting and appropriately provide a plan and recommendations for reduction in drowning incidents. Defines terms. Effective 180 days after becoming law. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Modifies definitions. Provides that, to reduce vandalism and theft, the rescue equipment station shall have signage (rather than an alarm, signage, and a warning of cameras) that warns lakefront patrons that tampering with or misuse of public rescue equipment is strictly prohibited. Removes provisions about automatic contacting of 9-1-1 and compliance with a specified guide. Provides that the buoyant line attached to each ring life buoy must be at least 100 feet in length (rather than 100 inches). Provides that each unit of local government owning a pier or drop-off on Lake Michigan shall track and publish a report on the unit's website lakefront drownings if such drownings occur within 100 feet of the unit's piers and drop-offs and if the unit was made aware of such drowning (rather than making a report to the Department of Public Health). Provides that, if there have been drownings during the reporting period, each unit of local government must also publish a water safety plan on the unit's website. Adds provisions relating to high-incident drowning area plans. Makes other changes. Changes the effective date from 180 days after becoming law to one year after becoming law.

Amends the Comprehensive Health Insurance Plan Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 215 ILCS 105/1 Adds reference to: New Act Replaces everything after the enacting clause. Creates the Consumer Legal Funding Act. Sets forth provisions concerning consumer legal funding contract requirements and right of rescission. Sets forth consumer legal funding company prohibitions. Sets forth the fees that may be charged by a consumer legal funding company and provides that a consumer legal funding company shall not collect any additional fees besides those specified in the Act. Provides that all consumer legal funding contracts shall contain specified disclosures. Provides that the contingent right to receive an amount of the potential proceeds of a legal claim is assignable by a consumer. Provides that an attorney or law firm retained by the consumer in the legal claim shall not have a financial interest in the consumer legal funding company offering consumer legal funding to that consumer. Sets forth provisions concerning application and fees for a consumer legal funding license. Provides that every consumer legal funding licensee shall appoint the Director of Financial Institutions as attorney-in-fact upon whom all lawful process against the licensee may be served. Sets forth provisions concerning investigation to determine whether a consumer legal funding license shall be issued, the license, the issuance of more than one license to a licensee, and an annual license fee. Provides that the Director may fine a licensee an amount not exceeding $10,000 per violation or revoke or suspend a license if he or she finds specified information. Provides that the Division of Financial Institutions shall establish rules and a schedule of fines for the administration and enforcement of the Act. Sets forth provisions concerning closing of business and surrender of a consumer legal funding license, investigation of conduct of business, books and records that shall be retained by every licensee, and other business that may be conducted by a licensee. Provides that the Director may issue a cease and desist order to a licensee in specified circumstances. Provides that the Division may adopt rules that are necessary and appropriate for the protection of consumers in the State. Provides that the Director may apply to a court for an injunction or civil penalty against a violation of the Act. Defines terms. Makes other changes. Effective immediately. House Committee Amendment No. 1 Adds reference to: 815 ILCS 205/4 from Ch. 17, par. 6404 815 ILCS 505/2AAAA new Replaces everything after the enacting clause. Creates the Consumer Legal Funding Act. Sets forth provisions concerning consumer legal funding contract requirements, right of rescission, and consumer legal funding company prohibitions. Sets forth the fees that may be charged by a consumer legal funding company and provides that a consumer legal funding company shall not collect any additional fees besides those specified in the Act. Provides that all consumer legal funding contracts shall contain specified disclosures. Provides that the contingent right to receive an amount of the potential proceeds of a legal claim is assignable by a consumer. Provides that an attorney or law firm retained by the consumer in the legal claim shall not have a financial interest in the consumer legal funding company offering consumer legal funding to that consumer. Provides that a violation of the Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act. Sets forth provisions concerning the functions and powers of the Secretary of Financial and Professional Regulation. Provides that the Secretary may issue a cease and desist order to any licensee or a person doing business without a license in specified circumstances. Provides that the Secretary may apply for an injunction against a violation of the Act. Provides that any person who engages in business as a licensee without the license required by the Act commits a Class 4 felony. Provides that a violation of the Act may be asserted in a civil action. Sets forth provisions concerning definitions; consumer legal funding license scope; license application process and forms; surrender of license; license renewal; examination of business; suspension or revocation of license; license fees; investigation of complaints; additional investigation and examination authority; confidential information; information sharing; reports of violations; and rulemaking. Amends the Interest Act. Provides that it is lawful to receive or to contract to receive and collect interest and charges as authorized by specified law including the Consumer Legal Funding Act. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act. Makes other changes. Effective immediately.

Amends the State Treasurer Act. In provisions concerning the ABLE account program, provides that a "designated representative" means a person or entity (currently, person only) who is authorized to act on behalf of a "designated beneficiary". Provides that a designated representative must provide certification, subject to penalties of perjury, of the basis for the person's authority to act as a designated representative and that there is no other person or entity with higher priority to establish the ABLE account. Removes provisions allowing the State Treasurer to recognize specified persons or entities as a designated representative without appointment by a court. Defines "Internal Revenue Code". Effective immediately. Senate Committee Amendment No. 1 Provides that a person or entity (rather than a designated representative) seeking to open an ABLE account on behalf of a designated beneficiary must provide certification of the basis for the person's or entity's authority to act as a designated representative. Provides that the State Treasurer may require any certifications that he or she deems necessary to implement the ABLE program, including oaths or affirmations made under penalties of perjury.

Amends the Criminal Identification Act. Provides that notwithstanding a positive test for the presence of cannabis within the petitioner's body from a drug test taken within 30 days before the filing of the petition for expungement or sealing or the failure of the petitioner to take such test, the petitioner may petition for the sealing or expungement of his or her felony records for a violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act or felony records of a qualified probation for a felony drug offense. Defines "cannabis" and "felony drug offense". House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Criminal Identification Act. Provides that, notwithstanding any other provision of law, the court shall not deny a petition for expungement or sealing because the petitioner has submitted a drug test taken within 30 days before the filing of the petition for expungement or sealing that indicates a positive test for the presence of cannabis within the petitioner's body. Defines "cannabis".

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that in order to maximize the accessibility of preventive prenatal and perinatal health care services, the Department of Healthcare and Family Services shall amend its managed care contracts such that an managed care organization must pay for preventive prenatal and perinatal healthcare services rendered by a non-affiliated provider, for which the health plan would pay if rendered by an affiliated provider, at the same rate the Department would pay for such services exclusive of disproportionate share payments and Medicaid percentage adjustments, unless a different rate was agreed upon by the health plan and the non-affiliated provider. Effective January 1, 2023. House Committee Amendment No. 2 Adds reference to: 210 ILCS 170/5 210 ILCS 170/25 Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes. Amends the Birth Center Licensing Act. Provides that a licensed certified professional midwife may attend or be delegated to attend to each person in labor from the time of admission through birth and throughout the immediate postpartum period. Defines "licensed certified professional midwife". Makes a conforming change. Effective January 1, 2023. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Further amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that a managed care organization must pay for preventative prenatal services, perinatal healthcare services, and postpartum services rendered by a non-affiliated provider, for which the health plan would pay if rendered by an affiliated provider, at the rate paid (rather than at no less than the rate paid) under the Illinois Medicaid fee-for-service program methodology for such services. Provides that, in cases where a managed care organization must pay for preventive prenatal services, perinatal healthcare services, and postpartum services rendered by a non-affiliated provider, the payment rate requirements under the amendatory Act shall not apply if the services were not emergency services, as defined in a specified provision of the Code, and: (1) the non-affiliated provider is a perinatal hospital and has, within the 12 months preceding the date of service, rejected a contract that was offered in good faith by the health plan as determined by the Department of Healthcare and Family Services; or (2) the health plan has terminated a contract with the non-affiliated provider for cause, and the Department has not deemed the termination to have been without merit. Provides that the Department may deem that a determination for cause has merit if: (i) an institutional provider has repeatedly failed to conduct discharge planning; or (ii) the provider's conduct adversely and substantially impacts the health of Medicaid patients; or (iii) the provider's conduct constitutes fraud, waste, or abuse; or (iv) the provider's conduct violates the code of ethics governing his or her profession. Effective January 1, 2023.