Photo of Mary Flowers
D Illinois House · District 31

Rep. Mary Flowers

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Total votes
22,479
all sessions
Attendance
92%
1,729 missed
Lower than 99% of chamber peers
With party
98%
of cast votes
Near the chamber average
Bipartisan score
2%
crosses aisle rarely
Near the chamber average
Sponsored
1,688
bills & resolutions
Near the chamber average
Committees
0
assignments
1,688 bills and resolutions

Sponsored bills

Total
1,688
Primary
231
Co-sponsor
1,457
This page
1,688
matching current filters
Primary SB 2136
Signed into law · Illinois Senate · Lead sponsor
EXPUNGEMENT-PROSTITUTION

Amends the Criminal Identification Act. Provides that the Illinois State Police and all law enforcement agencies within the State shall automatically expunge all criminal history records of a conviction for felony prostitution committed prior to the effective date of the amendatory Act. Establishes timelines for the automatic expungement of the records based on the date of the creation of the records. Amends the Code of Criminal Procedure of 1963. Provides that a petition for post-conviction relief may be filed by a person confined, or subject to being confined by the State, local, or federal government as a result of a State criminal conviction (rather than only by persons imprisoned in the penitentiary). Strikes a provision concerning expungement procedures for drug tests. Effective immediately. Senate Floor Amendment No. 1 Adds reference to: 725 ILCS 5/122-9 new Deletes a provision providing for the automatic expungement of felony prostitution convictions within a certain time frame. Provides that any individual may at any time institute proceedings under the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963, notwithstanding that he or she is no longer imprisoned and notwithstanding that his or her liberties are not being currently curtailed by action of the State, if his or her conviction has potential consequences under federal immigration law. Defines "conviction". House Floor Amendment No. 1 Deletes reference to: 725 ILCS 5/122-9 new Adds reference to: 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 Deletes a new provision added to the Code of Criminal Procedure of 1963 concerning the institution of specified proceedings. Amends the Code of Civil Procedure. In a provision concerning relief from judgments, provides that any individual may at any time file a petition and institute proceedings, if his or her final order or judgment, which was entered based on a plea of guilty or nolo contendere, has potential consequences under federal immigration law. House Floor Amendment No. 2 Reinserts a stricken provision relating to the petitioner passing a drug test.

Signed into law Aug 27, 2021 0 co-sponsors
Primary HB 3914
Signed into law · Illinois House · Lead sponsor
POSITIVE ACTION ACT

Creates the Positive Action Act. Provides that each State agency and employer shall take positive action when it reasonably believes such action is necessary to rectify discrimination or a disadvantage towards persons having a protected characteristic. Allows for favorable consideration in the process of recruitment or promotion for persons having a protected characteristic. Provides that each State agency and employer shall have a duty of equality in relation to employment and its employees. Specifies further requirements concerning the duty of equality. Requires each State agency to perform an internal examination for the existence of eugenics-inspired policies, and issue an annual report to the Governor and the General Assembly. Requires each State agency to take positive action and implement strategies and programs to eliminate and prevent any disparities created by discriminatory administrative rules, policies, and procedures. Provides for the adoption of rules. Provides that nothing in the Act shall be construed to contravene any federal law or requirement regarding affirmative action or its application to State law. Makes conforming changes for the purpose of changing references from "affirmative action" to "positive action". Defines terms. Senate Committee Amendment No. 1 Deletes reference to: New Act 10 ILCS 5/7-14.1 15 ILCS 310/18 15 ILCS 410/18 20 ILCS 30/20 20 ILCS 105/4.01 20 ILCS 405/405-125 was 20 ILCS 405/67.31 20 ILCS 415/8b.3 20 ILCS 620/3 20 ILCS 665/13a 20 ILCS 2310/2310-213 20 ILCS 3990/9 25 ILCS 130/1-2 25 ILCS 130/1-4 30 ILCS 535/80 50 ILCS 615/10 50 ILCS 742/10 55 ILCS 85/3 65 ILCS 5/11-74.4-3 65 ILCS 5/11-74.6-10 65 ILCS 110/10 70 ILCS 210/23.1 70 ILCS 210/26 70 ILCS 810/14 70 ILCS 1505/16a 70 ILCS 2605/11.3 70 ILCS 3205/9 70 ILCS 3210/40 70 ILCS 3615/2.02 70 ILCS 3615/2.14 70 ILCS 3615/3A.05 70 ILCS 3615/3B.05 105 ILCS 5/10-23.5 105 ILCS 5/24-12 110 ILCS 205/9.21 230 ILCS 5/12.1 230 ILCS 5/20 230 ILCS 10/5.1 230 ILCS 10/7 230 ILCS 10/7.11 620 ILCS 65/27 775 ILCS 5/1-101.1 775 ILCS 5/1-102 775 ILCS 5/1-103 775 ILCS 5/2-105 775 ILCS 5/2-106 775 ILCS 5/7-101 775 ILCS 5/7-105 775 ILCS 5/7-105a 775 ILCS 5/10-102 815 ILCS 710/4 Adds reference to: 20 ILCS 405/405-101 new 20 ILCS 405/405-123 new 20 ILCS 405/405-124 new 20 ILCS 415/8b.4 from Ch. 127, par. 63b108b.4 Replaces everything after the enacting clause. Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Provides requirements concerning Positive Action towards addressing systemic racism and barriers to increase workforce diversity in State employment. Requires each State agency to establish the goal of increasing diversity on interview panels in order to increase State employment opportunities provided to women, minority persons, and specified other persons. Provides further requirements concerning State agency interview panel diversity. Requires the Department of Central Management Services to increase State employment career counseling opportunities for individuals who are in arrears on their child support payments. Requires the Department to dedicate staff to consult with individuals and organizations informed on the subject of non-payment of child support to develop plans for the most effective career counseling opportunities for these individuals. Amends the Personnel Code. Provides that candidates who are alleged to have attempted deception or fraud in connection with an examination shall be afforded the opportunity to appeal and provide information to support their appeal which shall be considered when determining their eligibility as a candidate for employment. Makes further changes concerning the jurisdiction of the Department of Central Management Services with respect to selection and tenure on the basis of merit and fitness. Effective January 1, 2022.

Signed into law Aug 27, 2021 0 co-sponsors
Co-sponsor HB 2553
Signed into law · Illinois House · Co-sponsor
PROTECTING HOUSEHOLD PRIVACY

Creates the Protecting Household Privacy Act. Provides that a law enforcement agency shall not obtain household electronic data or direct the acquisition of household electronic data from a private third party, unless (i) the law enforcement agency obtains a court order based upon probable cause, or (ii) the owner of the household electronic device consents to voluntarily provide the desired household electronic data. Provides that if a law enforcement agency obtains household electronic data, the agency within 30 days shall destroy all information obtained, except that a supervisor at that agency may retain particular information if (1) there is reasonable suspicion that the information contains evidence of criminal activity, or (2) the information is relevant to an ongoing investigation or pending criminal trial. House Floor Amendment No. 1 Replaces everything after the enacting clause. Creates Protecting Household Privacy Act. Reinserts the provisions of the introduced bill with these exceptions. Changes the exceptions in which law enforcement agency may obtain household electronic data. Provides that a law enforcement agency may obtain the data (1) if a law enforcement agency first obtains a warrant under the Code of Criminal Procedure of 1963; (2) a specified emergency situation exists; or (3) with the lawful consent of the owner of the household electronic device or person in actual or constructive possession of the household electronic device, excluding law enforcement personnel. Provides that nothing in the Act shall be construed to apply to the interception, recording, wiretap, or other acquisition of electronic communications as they are transmitted in real time. Provides that in the event of any conflict between the Act and any applicable federal or State law, the requirement that establishes the higher standard for law enforcement to obtain information shall govern. Senate Floor Amendment No. 1 Defines "digital gateway device". Provides that nothing in the Act prohibits the use of a lawful grand jury subpoena to obtain information which was obtainable by grand jury subpoena prior to the effective date of the Act. Provides that nothing in the Act expands existing civil or criminal liability of an individual or entity arising under any applicable federal or State law.

Signed into law Aug 27, 2021 1 co-sponsor
Co-sponsor SB 626
Signed into law · Illinois Senate · Co-sponsor
CRIM&TRAFFIC ASSESSMENT-CREDIT

Amends the Criminal and Traffic Assessment Act. Deletes language providing that one hour of public or community service shall be equivalent to $4 of assessment. Provides instead that the period of public service necessary to satisfy the assessment shall be set by the court, but in no event shall the hourly rate of the public or community service performed by the defendant be equivalent to less than the minimum wage of the State. Provides that the performance of public or community service may (rather than shall) be a condition of probation, conditional discharge, or supervision and shall be in addition to the performance of any other period of public or community service ordered by the court or required by law. Amends the Code of Criminal Procedure of 1963. In a provision regarding assessment waiver, removes language from the definition of "assessments" excluding assessments tied to violations of the Illinois Vehicle Code. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and further amends the Code of Criminal Procedure of 1963. Reduces the amount by which criminal and traffic assessments may be waived for traffic and certain criminal offenses. Effective immediately. Fiscal Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts) Based on a review of the bill. it has been determined that the proposed legislation would likely have a negative fiscal impact on local circuit court budgets. as well as state, county. and municipal entities and law enforcement agencies who share revenue collected from traffic assessments. It is not possible to formulate a reliable estimate of the fiscal impact of this bill because comprehensive statewide data does not currently exist regarding the percentage of defendants in traffic cases, who would be eligible for full or partial waivers under the criteria contained in the bill, or the dollar amount of waived assessments in those cases that otherwise would have been collected. House Floor Amendment No. 2 Removes the change to the Code of Criminal Procedure of 1963 that alters the definition of "assessments" to include assessments tied to violations of the Illinois Vehicle Code. Provides instead that, in a county having a population of more than 3,000,000, "assessments" includes assessments for violations of the Illinois Vehicle Code. Provides that the added language is inoperative on and after July 1, 2024.

Signed into law Aug 27, 2021 1 co-sponsor
Co-sponsor HB 3404
Signed into law · Illinois House · Co-sponsor
PEMBROKE TWP-NATURAL GAS

Creates the Pembroke Township Natural Gas Investment Pilot Program Act. Directs the Department of Commerce and Economic Opportunity to create a pilot program for the distribution of grants for the construction of new natural gas pipelines and infrastructure in Pembroke Township. Requires applicants for grants to demonstrate that the grants will result in the construction of a new natural gas pipeline to provide natural gas to the residents of the township. Provides that the Department shall report annually to the Governor and General Assembly beginning in 2022 regarding cost estimates for the Pilot Program, recommendations for improvement to the Pilot Program, and a recommendation as to whether the Pilot Program should be continued. Amends the State Finance Act to create the Pembroke Township Natural Gas Investment Pilot Program Fund as a special fund in the State treasury. Amends the Public Utilities Act. Provides that a gas public utility may apply for a certificate of public convenience and necessity to increase its gas service territory and extend its gas distribution system to serve a designated hardship area. Provides that the Illinois Commerce Commission shall, after notice and hearing, grant a certificate of public convenience and necessity if, based upon the application filed with the Commission and the evidentiary record, the Commission finds that specified criteria are satisfied. Makes other changes. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Replaces provisions concerning the Pembroke Township Natural Gas Investment Pilot Program with language providing that the Department of Commerce and Economic Opportunity shall create the Pembroke Township Natural Gas Investment Pilot Program for a duration of 5 years. Provides that the Department shall distribute grants, subject to appropriation, from moneys in the Pembroke Township Natural Gas Investment Fund for the conversion of appliances to be compatible with natural gas. Provides that the Department shall adopt rules for the administration of the Program. Provides that, at a minimum, the rules shall require that the applicant for the grants demonstrate that the grants will result in the conversion of necessary equipment to have the ability to utilize natural gas. Provides that the rules shall allow for conversion grants awarded to residents of Pembroke Township and to Pembroke Township to provide assistance for the use of natural gas and shall ensure that the applicant complies with all other requirements of the rules. In provisions amending the Public Utilities Act, makes changes concerning what a gas public utility applying for a certificate of public convenience and necessity shall include in the application and the criteria the Illinois Commerce Commission shall consider in granting the certificate. Effective immediately.

Signed into law Aug 27, 2021 1 co-sponsor
Co-sponsor HB 3235
Signed into law · Illinois House · Co-sponsor
CD CORR-RELEASEE-REENTRY INFO

Amends the Unified Code of Corrections. Provides that 45 days prior to the scheduled discharge of a person committed to the custody of the Department of Corrections, the Department shall give the person: (1) information about obtaining a standard Illinois Identification Card or a limited-term Illinois Identification Card; (2) information about voter registration and may distribute information prepared by the State Board of Elections and may enter into an interagency contract with the State Board of Elections to participate in the automatic voter registration program and be a designated automatic voter registration agency under the Election Code; (3) information about job listings upon discharge from the correctional institution or facility; (4) information about available housing upon discharge from the correctional institution or facility; (5) a directory of elected State officials and of officials elected in the county and municipality, if any, in which the committed person intends to reside upon discharge from the correctional institution or facility; and (6) any other information that the Department of Corrections deems necessary to provide the committed person in order for the committed person to reenter the community and avoid recidivism (currently, the committed person is provided information, if uninsured, about applying for health care coverage including medical assistance under the Illinois Public Aid Code).

Signed into law Aug 27, 2021 1 co-sponsor
Co-sponsor HB 2521
Signed into law · Illinois House · Co-sponsor
LABOR RELATION-EMPLOYEE RIGHTS

Amends the Illinois Public Labor Relations Act. Provides that the showing of interest in support of a petition filed for the purpose of selecting a labor organization as the representative of the employees in a bargaining unit may be evidenced by electronic communications, and such writing or communication may be evidenced by the electronic signature of the employees. Provides that the showing of interest shall be valid only if signed within 12 months prior to the filing of the petition. Provides that a secret ballot election held for the purpose of selecting a labor organization as the representative of the employees in a bargaining unit may be conducted electronically, using an electronic voting system, in addition to paper ballot voting systems. Provides that it shall be an unfair labor practice for an employer to promise, threaten, or take any action because of an employee's specified participation in a strike. House Floor Amendment No. 1 Adds reference to: 115 ILCS 5/7 from Ch. 48, par. 1707 115 ILCS 5/8 from Ch. 48, par. 1708 115 ILCS 5/14 from Ch. 48, par. 1714 Amends the Illinois Educational Labor Relations Act. With respect to the recognition of exclusive bargaining representatives, provides that the showing of interest in support of certain petitions may be evidenced by electronic communications and such writing or communication may be evidenced by the electronic signature of an employee as provided under the Electronic Commerce Security Act. Provides that the showing of interest shall be valid only if signed within 12 months prior to the filing of the petition. In provisions regarding elections, provides that a secret ballot election may be conducted electronically, using an electronic voting system, in addition to paper ballot voting systems. Adds as an unfair labor practice promising, threatening, or taking any action (i) to permanently replace an employee who participates in a strike, (ii) to discriminate against an employee who is working or has unconditionally offered to return to work for the employer because the employee supported or participated in such as a strike, or (iii) to lockout, suspend, or otherwise withhold from employment employees in order to influence the position of such employees or the representative of such employees in collective bargaining prior to a strike. Senate Committee Amendment No. 1 Specifies that it shall be an unfair labor practice for public employers and educational employers to promise, threaten, or take specified actions against their employees concerning a lawful strike. Effective immediately.

Signed into law Aug 27, 2021 1 co-sponsor
Co-sponsor HB 690
Signed into law · Illinois House · Co-sponsor
REGULATION-TECH

Amends the Illinois Dental Practice Act. Makes a technical change in a Section concerning advertising. House Floor Amendment No. 3 Deletes reference to: 225 ILCS 25/45 Adds reference to: 225 ILCS 25/19.2 745 ILCS 49/20 Replaces everything after the enacting clause. Amends the Illinois Dental Practice Act. Provides that the Department of Financial and Professional Regulation may issue a temporary permit authorizing the practice of dentistry (rather than dentistry or dental hygiene) if specified conditions are satisfied, including a collaborative agreement with and under the direct supervision of an Illinois licensed dentist. Provides that the temporary permit shall only permit the holder to practice dentistry within the scope of the dental studies and in conjunction with a charitable organization or a continuing education program provided by a continuing education sponsor approved by the Department. Provides for the licensure of continuing education sponsors by the Department. Provides that a temporary visiting dentist may not administer conscious sedation, deep sedation, or general anesthesia. Provides that a patient who seeks treatment from a temporary visiting dentist must sign a consent form acknowledging that the care the patient will receive will be provided by a dentist not licensed in the State of Illinois. Provides that a temporary permit shall be valid for no longer than 5 consecutive clinical days within 6 months from the date of issuance. Provides for the cancellation of temporary permits and licenses by the Secretary of Financial and Professional Regulation. Amends the Good Samaritan Act. Provides that provisions concerning exemption from civil liability for certain dental services performed without compensation do not apply to a dentist issued a temporary visiting dentist permit.

Signed into law Aug 26, 2021 1 co-sponsor
Co-sponsor HB 2784
Signed into law · Illinois House · Co-sponsor
MENTAL HEALTH-EMERGENCY

Creates the Community Emergency Services and Supports Act. Provides that the Act applies to every unit of local government that provides or coordinates ambulance or similar emergency medical response or transportation services for individuals with emergency medical needs. A home rule unit may not respond to or provide services for a mental or behavioral health emergency, or create a transportation plan or other regulation, relating to the provision of mental or behavioral health services in a manner inconsistent with this Act. Provides that one plan shall describe how the EMS Region will provide mobile emergency mental and behavioral health services to individuals who do not present as a threat to the responders, and are not involved in criminal activity at the time of the response. Provides that the plan shall conform to the requirements of the Act and, recognizing the variety of systems, services, and needs across the State, provide the specific requirements and guidance appropriate for that region. Provides that the plan shall be identified as the region's community emergency services and supports plan. Provides that the second plan shall describe the manner and extent to which responders operating under the region's Community Emergency Services and Supports Plan coordinate with law enforcement when responding to individuals who appear to be in a mental or behavioral health emergency while engaged in conduct alleged to constitute a non-violent misdemeanor. Provides that the plan shall be identified as the region's Non-Violent Misdemeanor Coordination Plan. Amends the Emergency Telephone System Act to make conforming changes. Effective immediately. Fiscal Note (Dept. of Human Services) The fiscal impact to IDHS to provide for the establishment and oversight on the committees would be minimal. House Floor Amendment No. 1 Replaces everything after the enacting clause. Creates the Community Emergency Services and Support Act. Provides that each 9-1-1 call center and provider of emergency services dispatched through a 9-1-1 system must coordinate with the mobile mental and behavioral health services established by the Division of Mental Health of the Department of Human Services so that the following State goals and State prohibitions are met whenever a person interacts with one of these entities for the purpose seeking emergency mental and behavioral health care or when one of these entities recognizes the appropriateness of providing mobile mental or behavioral health care to an individual with whom they have engaged. Provides that the Division of Mental Health is also directed to provide guidance regarding whether and how these entities should coordinate with mobile mental and behavioral health services when responding to individuals who appear to be in a mental or behavioral health emergency while engaged in conduct alleged to constitute a non-violent misdemeanor. Provides that 9-1-1 call centers, emergency services dispatched through 9-1-1 call centers, and the mobile mental and behavioral health service established by the Division of Mental Health must coordinate their services so that certain specified State prohibitions are avoided. Provides that the Division of Mental Health shall establish regional advisory committees in each EMS Region to advise on emergency response systems for mental and behavioral health. Provides that the Act applies to persons of all ages, both children and adults. Provides that the Act does not limit an individual's right to control his or her own medical care. No provision of this Act shall be interpreted in such a way as to limit an individual's right to choose his or her preferred course of care or to reject care. Provides that no provision of this Act shall be interpreted to promote or provide justification for the use of restraints when providing mental or behavioral health care. Amends the Emergency Telephone System Act to make conforming changes. Senate Committee Amendment No. 1 Deletes reference to: 50 ILCS 750/4 Replaces everything after the enacting clause. Creates the Community Emergency Services and Support Act. Provides that each 9-1-1 call center and provider of emergency services dispatched through a 9-1-1 system must coordinate with the mobile mental and behavioral health services established by the Division of Mental Health of the Department of Human Services so that the following State goals and State prohibitions are met whenever a person interacts with one of these entities for the purpose seeking emergency mental and behavioral health care or when one of these entities recognizes the appropriateness of providing mobile mental or behavioral health care to an individual with whom they have engaged. The Division of Mental Health is also directed to provide guidance regarding whether and how these entities should coordinate with mobile mental and behavioral health services when responding to individuals who appear to be in a mental or behavioral health emergency while engaged in conduct alleged to constitute a non-violent misdemeanor. Provides that 9-1-1 PSAPs, emergency services dispatched through 9-1-1 PSAPs, and the mobile mental and behavioral health service established by the Division of Mental Health must coordinate their services so that the State goals listed in this Section are achieved. Appropriate mobile response service for mental and behavioral health emergencies shall be available regardless of whether the initial contact was with 9-8-8, 9-1-1 or directly with an emergency service dispatched through 9-1-1. Provides that the Division of Mental Health shall establish a Statewide Advisory Committee to review and make recommendations for aspects of coordinating 9-1-1 and the 9-8-8 mobile mental health response system most appropriately addressed on a State level. Provides that the Division of Mental Health shall establish Regional Advisory Committees in each EMS Region to advise on regional issues related to emergency response systems for mental and behavioral health. Provides that the exemptions from civil liability in the Emergency Telephone Systems Act apply to any act or omission in the development, design, installation, operation, maintenance, performance, or provision of service directed by the Act. Provides that the Act applies to persons of all ages, both children and adults. This Act does not limit an individual's right to control his or her own medical care. No provision of this Act shall be interpreted in such a way as to limit an individual's right to choose his or her preferred course of care or to reject care. No provision of this Act shall be interpreted to promote or provide justification for the use of restraints when providing mental or behavioral health care. Senate Floor Amendment No. 2 Make technical and stylistic changes in the bill as amended by Senate Amendment No. 1. Adds additional responsibilities for 9-1-1 Public Safety Answering Point telecommunicators and emergency service providers. Places the applicability and home rule preemption provisions in a separate Section of the bill.

Signed into law Aug 25, 2021 1 co-sponsor
Co-sponsor HB 2595
Signed into law · Illinois House · Co-sponsor
INSURANCE-MENTAL HEALTH

Amends the Illinois Insurance Code. Provides that every insurer that amends, delivers, issues, or renews a group or individual policy of accident and health insurance or a qualified health plan offered through the health insurance marketplace in the State and Medicaid managed care organizations providing coverage for hospital or medical treatment shall provide coverage for medically necessary treatment of mental, emotional, nervous, or substance use disorders or conditions. Provides that an insurer shall not limit benefits or coverage for medically necessary services on the basis that those services should be or could be covered by a public program. Provides that an insurer shall base any medical necessity determination or the utilization review criteria on current generally accepted standards of mental, emotional, nervous, or substance use disorder or condition care. Provides that in conducting utilization review of covered health care services and benefits for the diagnosis, prevention, and treatment of mental, emotional, and nervous disorders or conditions in children, adolescents, and adults, an insurer shall exclusively apply the criteria and guidelines set forth in the most recent versions of the treatment criteria developed by the nonprofit professional association for the relevant clinical specialty. Provides that an insurer shall not apply different, additional, conflicting, or more restrictive utilization review criteria than the criteria and guidelines set forth in the treatment criteria. Provides that the Director may, after appropriate notice and opportunity for hearing, assess a civil penalty between $5,000 and $20,000 for each violation. Amends the Health Carrier External Review Act. Provides that the independent review organization shall comply with specified requirements for an adverse determination or final adverse determination involving mental, emotional, nervous, or substance use disorders or conditions. Makes other changes. Effective immediately. House Floor Amendment No. 1 In provisions concerning mental and emotional disorders, provides that an insurer shall not set a specific limit on the duration of benefits or coverage of medically necessary treatment of mental, emotional, nervous, or substance use disorders or conditions or limit coverage only to alleviation of the insured's current symptoms. Provides that nothing shall require the insurer to cover a treatment when the authorization was granted based on a material misrepresentation by the insured, the policyholder, or the provider. Provides that an insurer may apply specified utilization review criteria to health care services and benefits for mental, emotional, and nervous disorders or conditions that are outside the scope of specified criteria and guidelines or relate to advancements in technology or types of care that are not covered in the most recent versions of specified sources. Provides that if the Director of Insurance determines that an insurer has violated the provisions, the Director may assess a civil penalty between $1,000 and $5,000 for each violation (rather than between $5,000 and $20,000). Removes language that provides that changes in terminology, organization, or classification of mental, emotional, nervous, substance use disorder or condition in future versions of specified publications shall not affect the conditions covered by provisions concerning mental and emotional disorders as long as a condition is commonly understood to be a mental, emotional, nervous, or substance use disorder or condition by health care providers practicing in relevant clinical specialties. Removes language that provides that an insurer shall not limit benefits or coverage for mental, emotional, nervous, or substance use disorders or conditions to short-term or acute treatment at any level of placement. Makes other changes. Changes the effective date to January 1, 2022 (rather than an immediate effective date). Senate Committee Amendment No. 1 Adds reference to: 215 ILCS 5/370c.1 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Provides that every insurer that amends, delivers, issues, or renews a group or individual policy of accident and health insurance or a qualified health plan offered through the health insurance marketplace in the State and Medicaid managed care organizations providing coverage for hospital or medical treatment shall provide coverage for medically necessary treatment of mental, emotional, nervous, or substance use disorders or conditions on or after January 1, 2023 (rather than January 1, 2022). Provides that an insurer or Medicaid managed care organization shall not be required to pay for services if the individual was not the insurer's enrollee or eligible for Medicaid at the time the service was rendered. Provides that an insurer shall not be required to cover benefits that have been authorized and provided for a covered person by a public entitlement program. Provides that for medical necessity determinations (rather than in conducting utilization review of covered health care services and benefits) relating to level of care placement, continued stay, and transfer or discharge of insureds diagnosed with mental, emotional, and nervous disorders or conditions, insurers and Medicaid managed care organizations shall apply specified patient placement criteria. Makes various changes to provisions concerning requirements for insurers regarding education of the insurer's staff and other stakeholders, publishing of utilization review criteria, and documentation of interrater reliability testing and remediation actions. Further amends the Illinois Insurance Code. In provisions concerning mental, emotional, nervous, or substance use disorder or condition parity, provides that not later than January 1 (rather than August 1) of each year, the Department of Insurance shall issue a joint report to the General Assembly and provide an educational presentation to the General Assembly. Removes language that provides that insurers shall base the duration of treatment on the insured's individual needs; that an insurer shall only engage applicable qualified providers in the treatment of mental, emotional, nervous, or substance use disorders or conditions or the appropriate subspecialty and who possess an active professional license or certificate to review, approve, or deny services; and that every insurer shall sponsor a formal education program by nonprofit clinical specialty associations. Makes other changes. Effective January 1, 2022, except that specified provisions take effect immediately.

Signed into law Aug 25, 2021 1 co-sponsor
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