Rep. Will Davis

Creates the Prior Authorization Reform Act. Provides requirements concerning disclosure and review of prior authorization requirements, denial of claims or coverage by a utilization review organization, and the implementation of prior authorization requirements or restrictions. Provides requirements concerning a utilization review organization's obligations with respect to prior authorizations in nonurgent circumstances, urgent health care services, and emergency health care services. Provides that a utilization review organization shall not require prior authorization under specified circumstances. Provides requirements concerning the length of prior authorizations. Provides that health care services are automatically deemed authorized if a utilization review organization fails to comply with the requirements of the Act. Provides that the Director of Insurance may impose an administrative fine not to exceed $250,000 for violations of the Act. Defines terms. Amends the Illinois Insurance Code to change the definition of "emergency medical condition". Amends the Managed Care Reform and Patient Rights Act to provide that companies that transact accident and health insurance shall comply with specified requirements of the Managed Care Reform and Patient Rights Act. Amends the Illinois Public Aid Code to provide that all managed care organizations shall comply with the requirements of the Prior Authorization Reform Act. Makes other changes. Effective January 1, 2022. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Changes references from "utilization review organization" to "health insurance issuer" or "health insurance issuer or its contracted utilization review organization". Provides that a health insurance issuer or its contracted utilization review organization must ensure that all adverse determinations are made by a physician when the request is by a physician or a representative of a physician. Provides that a health insurance issuer shall periodically review its prior authorization requirements and consider removal of prior authorization requirements in specified circumstances (rather than a utilization review organization shall not require prior authorization in specified circumstances). In provisions concerning length of prior authorization approval, provides that a prior authorization approval shall be valid for the lesser of 12 months after the date the health care professional or health care provider receives the prior authorization approval or the length of treatment as determined by the patient's health care professional. In provisions concerning clinical review criteria of prior authorization requirements, removes language that provides that a utilization review organization shall seek input from actively practicing physicians representing major areas of the specialty who are not employees of the utilization review organization or consultants to the utilization review organization before establishing or substantially or materially altering written clinical review criteria. Removes language that provides that a utilization review organization shall not deny prior authorization of a health care service solely based on the grounds that a health care professional or health care provider judges a service, product, or procedure is medically appropriate for his or her patient even if it has not been formally approved for the specific condition being treated. In provisions concerning statistics that shall be made available regarding prior authorization approvals and denials, removes specified categories of information. In provisions concerning requirements applicable to the physician who can review consultations and appeals, removes language that provides that the physician must not be employed by a utilization review organization, be under contract with the utilization review organization other than to participate in one or more of the utilization review organization's health care professional networks or to perform reviews of appeals, or otherwise have any financial interest in the outcome of the appeal. Makes other changes. Effective January 1, 2022. House Floor Amendment No. 2 Deletes reference to: 215 ILCS 134/65 Adds reference to: 215 ILCS 5/155.36 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: In the Prior Authorization Reform Act, deletes a Section concerning obligations with respect to prior authorization concerning emergency health care services, and makes changes in provisions governing applicability; definitions; disclosure and review of prior authorization requirements; obligations with respect to prior authorizations; personnel qualified to make adverse determinations of a prior authorization request; adverse determinations; review of appeals; denials; length of prior authorization approval; continuity of care; effect of failure to comply with the Act; and administration and enforcement. Makes further changes in the Illinois Insurance Code in a Section concerning obligations under the Managed Care Reform and Patient Rights Act. Deletes changes made to the Managed Care Reform and Patient Rights Act in a Section concerning emergency services prior to stabilization. Effective January 1, 2022.

Amends the Managed Care Reform and Patient Rights Act. Requires health insurance carriers that provide coverage for prescription drugs to ensure that, within service areas and levels of coverage specified by federal law, at least half of individual and group plans meet one or more of the following criteria: apply a pre-deductible and flat-dollar copayment structure to the entire drug benefit, limit a beneficiary's monthly out-of-pocket financial responsibility for prescription drugs to a specified amount, or limit a beneficiary's annual out-of-pocket financial responsibility for prescription drugs to a specified amount. Provides that all plans for prescription drugs offered under the amendatory Act must be clearly and appropriately named, marketed in the same manner as other plans offered by the health insurance carrier, and offered for purchase to any individual and group plan sponsor. Effective January 1, 2022. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Managed Care Reform and Patient Rights Act. In provisions concerning individual health plans that provide coverage for prescription drugs, provides that beginning January 1, 2023, health insurance carriers shall ensure that at least 10% of individual health care plans offered in each applicable service area apply a flat-dollar copayment structure to the entire drug benefit; and beginning January 1, 2024, health insurance carriers shall ensure that at least 25% of individual health care plans offered in each applicable service area apply a flat-dollar copayment structure to the entire drug benefit. In provisions concerning group health plans that provide coverage for prescription drugs, provides that beginning January 1, 2023, health insurance carriers shall offer at least one group health plan in each applicable service area that applies a flat-dollar copayment structure to the entire drug benefit; and beginning January 1, 2024, health insurance carriers shall offer at least 2 group health plans in each applicable service area that apply a flat-dollar copayment structure to the entire drug benefit. Provides that the flat-dollar copayment structure for prescription drugs must be applied pre-deductible and be reasonably graduated and proportionately related in all tier levels such that the copayment structure as a whole does not discriminate against or discourage the enrollment of individuals with significant health care needs. Requires the health insurance carriers to clearly and appropriately name the plans to aid in individual or group plan selection. Requires the health insurance carriers to market the plans in the same manner as their other plans. Requires the Department of Insurance to adopt rules necessary to implement and enforce the provisions. Effective January 1, 2023.

Amends the School Code. Requires trustees of schools in Class II county school units to maintain an Internet website on which specified information shall be available for public viewing. Requires township school treasurers in Class II county school units to submit to each school district that they serve, within 30 days after the end of each calendar quarter, an investments report that includes specified information. Effective immediately.

Amends the Property Tax Code. Provides that any taxing district that has an aggregate property tax levy of more than $5,000,000 for the applicable levy year shall make a good faith effort to collect and electronically publish data from all vendors and subcontractors doing business with the taxing district as to whether the vendor or subcontractor is a minority-owned, women-owned, or veteran-owned business or whether the vendor or subcontractor is a small business. Preempts the concurrent exercise of home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Amends the Illinois Literacy Act. Removes the representative of the Department of Commerce and Economic Opportunity from the Illinois Literacy Council and removes an obsolete reference to the Prairie State 2000 Authority. 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 may (currently, must) develop an Engineering Excellence Program. Provides that certain actions concerning the new business permitting portal are permissive. Repeals certain provisions concerning the duties of the Department of Commerce and Economic Opportunity. Amends the Illinois Emergency Employment Development Act. Repeals provisions concerning the Illinois 21st Century Workforce Development Fund Advisory Committee and the work incentive demonstration project. Amends the Local Government Consolidation Commission Act of 2011. Repeals provisions concerning compensation for the Local Government Consolidation Commission. Amends the Bikeway Act. Provides that a designee of the Director of Commerce and Economic Opportunity (currently, the Director of Commerce and Economic Opportunity) may serve on the interagency council on the bikeways program. Effective immediately. House Committee Amendment No. 1 Adds reference to: 20 ILCS 3987/Act rep. Deletes reference to: 20 ILCS 3987/20 rep. Adds provisions to the introduced bill repealing the Local Government Consolidation Commission Act of 2011. Senate Committee Amendment No. 1 Deletes reference to: 20 ILCS 605/605-1007 Deletes provisions from the engrossed bill concerning the new business permitting portal. Senate Floor Amendment No. 2 Adds reference to: 20 ILCS 605/605-1007 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill. In provisions amending the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois concerning the new business permitting portal, provides that those provisions are subject to appropriation and restores mandatory provisions relating to the new business permitting portal (rather than permissive in the engrossed bill). Effective immediately.

Amends the State Fair Act, the Illinois Promotion Act, the Department of Human Services Act, the State Finance Act, the Illinois Income Tax Act, the Illinois Estate and Generation-Skipping Transfer Tax Act, the Liquor Control Act of 1934, the Clerks of Courts Act, the Criminal and Traffic Assessment Act, and the Unified Code of Corrections to make various technical corrections. Repeals obsolete Sections of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois and the State Finance Act. Repeals the Nursing Home Grant Assistance Act. Effective immediately. Senate Floor Amendment No. 1 Adds reference to: 15 ILCS 20/50-7 rep. 20 ILCS 3020/805 110 ILCS 49/15 730 ILCS 5/5-4-3a Adds the following provisions to the engrossed bill. Amends the State Budget Law of the Civil Administrative Code of Illinois to repeal provisions concerning the online budget survey. Amends the Capital Spending Accountability Law. Provides that reports on capital spending are due on or before the forty-fifth day after the end of each quarter (currently, the first day of each quarter). Amends the Higher Education Veterans Service Act. Makes changes concerning the Internet posting of veterans' services surveys. Amends the Unified Code of Corrections to make technical corrections concerning the DNA testing backlog.

Amends the School Code. To ensure that the content available on any third party online curriculum that is made available to enrolled students or the public by a school district through the Internet is readily accessible to persons with disabilities, provides that the State Board of Education shall require that the third party online curriculum comply with Level AA of the World Wide Web Consortium's Web Content Accessibility Guidelines. House Floor Amendment No. 2 Deletes reference to: 105 ILCS 5/2-3.182 new Adds reference to: 105 ILCS 5/10-20.75 new 105 ILCS 5/34-18.67 new Replaces everything after the enacting clause. Reinserts the contents of the introduced bill, but provides that a school district must require (rather than the State Board of Education shall require) that the Internet website or web service comply with Level AA of the World Wide Web Consortium's Web Content Accessibility Guidelines. Adds an effective date of August 1, 2022.

Creates the Garden Act. Provides for the right to cultivate a vegetable garden and permits State and local regulation. Defines "vegetable garden". Limits home rule powers.

Amends the Illinois Power of Attorney Act. Provides that a principal may elect a 30-day delayed revocation of the principal's health care agency. Makes corresponding changes. Effective immediately.

Amends the Election Code. Provides for the election of the Chicago Board of Education for the 2023 and 2027 consolidated primary elections only. Provides that no later than June 30, 2029, the General Assembly must review and revise the election of members of the Chicago Board of Education and if the General Assembly has not reauthorized the election of members of the Chicago Board of Education by June 30, 2029, then, on May 13, 2031, the terms of all members elected in 2027 shall end, and a new Chicago Board of Education consisting of 7 members shall be appointed by the Mayor. Makes conforming changes. Amends the Chicago School District Article of the School Code. Provides that a person shall be a U.S. citizen and registered voter and shall have been a resident of the city and the electoral district for at least one year immediately preceding his or her election. Sets forth provisions concerning nominating petitions and ballots. Sets forth provisions providing that the City of Chicago shall be subdivided into 20 electoral districts by the General Assembly for seats on the Chicago Board of Education. Makes other changes. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/34-4.2 Adds reference to: 105 ILCS 5/34-18.67 new 105 ILCS 5/34-18.68 new 105 ILCS 5/34-18.69 new Replaces everything after the enacting clause. Amends the Election Code to provide for the election of the Chicago Board of Education in accordance with specified procedures. Amends the School Code. Provides, on January 15, 2025, for the abolition of the terms of all members of the Chicago Board of Education appointed under specified provisions. Provides for a combination of appointed and elected members and the eventual election of all members. Provides for qualifications of members. Changes eligibility requirements for membership. Specifies the form of nominating petitions for candidates for membership. Changes provisions regarding the appointment of the Inspector General. Adds provisions regarding the creation of districts for election of members and redistricting. Provides that the Chicago Board of Education shall commission an independent review and report of the district's finances. Creates the Chicago Board of Education Diversity Advisory Board and the Chicago Board of Education Non-Citizen Advisory Board. Prohibits the Chicago Board of Education from approving any school closings, consolidations, or phase-outs prior to January 15, 2025. Provides that the Chicago Board of Education may adopt rules necessary to implement the provisions of the amendatory Act. Senate Floor Amendment No. 2 Provides that the terms of specified appointed members end on January 14, 2027 (currently, 2025).