Rep. Mary Flowers

Amends the School Code. Provides that a school board shall require that schools provide recess for all students in kindergarten through grade 8. Provides that recess must be at least 10 minutes in length and must occur once in the middle of each morning. Provides that if the principal determines that the weather is inclement, the principal shall direct that a recess be held indoors. Requires the principal to ensure that students are given the opportunity to engage in physical exercise during each recess. Provides that the time required for recesses is included in the minimum number of hours necessary to constitute a full day of attendance under the State aid formula provisions.

Appropriates $1,000,000 from the General Revenue Fund to the State Board of Education for autism programs. Effective July 1, 2009.

Creates the Nursing Care and Quality Improvement Act. Provides that each hospital shall implement a staffing plan that (i) provides adequate, appropriate, and quality delivery of health care services, (ii) protects patient safety, and (iii) is consistent with the requirements of the Act. Sets forth the minimum direct care registered nurse-to-patient ratios required in a unit of a hospital during each shift in that unit. Sets forth development and reevaluation requirements for the staffing plan. Prohibits a hospital from discharging, discriminating against, or retaliating against (i) a nurse in any manner with respect to any aspect of employment based on the nurse's refusal of a work assignment under certain conditions or (ii) a nurse or any individual, who, in good faith, reports a violation of the Act, initiates, cooperates, or otherwise participates in an investigation or proceeding under the Act, or informs or discusses with other individuals or with representatives of hospital employees a violation or suspected violation of the Act. Sets forth penalties for violation of the Act.

Amends the Chicago School District Article of the School Code. Provides that a school board shall require that schools provide daily recess for all students in kindergarten through grade 8. Provides that recess must be at least 10 minutes in length and must occur once in the middle of each morning. Provides that if the principal determines that the weather is inclement, the principal shall direct that a recess be held indoors. Requires the principal to ensure that students are given the opportunity to engage in physical exercise during each recess. Provides that the time required for recesses is included in the minimum number of hours necessary to constitute a full day of attendance under the State aid formula provisions.

Amends the General Not For Profit Corporation Act of 1986. Requires a hospital incorporated under the Act to post in plain view the National Standards of Care. Provides that if (i) a court or administrative agency, in any proceeding properly before the court or agency, finds that a hospital that is incorporated under the General Not For Profit Corporation Act of 1986 has provided substandard care to a member of a minority group, (ii) that finding is incorporated into an order of the court or administrative agency that is final and not appealable, and (iii) the Secretary of State receives notice of that final and nonappealable order, then the Secretary of State shall require the hospital to dissolve voluntarily and, if the hospital wishes to continue to operate as a hospital, organize under the Business Corporation Act of 1983 within a period of time as provided by the Secretary by rule. Provides that if a not-for-profit hospital does not voluntarily dissolve within the period required by rule, the Secretary shall dissolve the corporation administratively. Effective immediately.

Amends the Department of Public Health Act. In a provision concerning Department powers, provides that the Department may levy a fine on any institution or entity that it licenses or regulates for failing to comply with a lawful order made by the Department or for otherwise violating an Act that the Department has the responsibility of administering. Makes other changes. Effective immediately.

Urges the Department of Public Health to work with the Director of Insurance, private insurers, and vaccine stakeholders to coordinate the accessibility of coverage for children who have private insurance that covers influenza vaccination.

Amends the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Illinois Insurance Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, and the Voluntary Health Services Plans Act. Provides that a policy of accident or health insurance or managed care plan shall establish and maintain an appeals procedure related to the denial of health care benefits. Sets forth guidelines for maintaining an appeals procedure, including an expedited process for an enrollee with (1) an ongoing course of treatment ordered by a health care provider, the denial of which could significantly increase the risk to an enrollee's health or (2) a treatment referral, service, or procedure, the denial of which could significantly increase the risk to an enrollee's health. Provides that if an initial appeal is denied by the policy or plan, an enrollee is entitled to seek external independent review of the decision made by the policy or plan. Sets forth guidelines and requirements for the external independent review process. Provides that nothing in the provision shall be construed to require a policy or plan to pay for a health care service not covered under the enrollee's certificate of coverage or policy. Provides that a policy or plan shall provide each enrollee, prospective enrollee, and enrollee representative with written notification of the policy's or plan's appeal processes. Contains a nonacceleration clause. Makes other changes.

Creates the Menu Education and Labeling Act. Requires restaurants and similar retail food establishments to post a sign informing their customers that certain foods on their menus may be high in calories, grams of saturated fat plus trans fat, and milligrams of sodium per serving, which has been known to cause diabetes, heart disease, and high blood pressure.

Amends the Ambulatory Surgical Treatment Center Act. Makes a technical change in the Section concerning the short title.