Rep. Terra Costa Howard

Amends the Telehealth Act. Provides that the Act applies to all health insurance coverage offered by health insurance issuers regulated by the Department of Insurance or the Department of Healthcare and Family Services and the medical assistance program authorized under the Illinois Public Aid Code. Provides that any policy, contract, or certificate of health insurance coverage that does not distinguish between in-network and out-of-network providers shall be subject to the Act as though all providers were in-network. Provides that health insurance issuers shall cover all telehealth services rendered by a health care professional to deliver any clinically appropriate, medically necessary covered services. Restricts health insurance issuers from engaging in specified activities. Provides that health care professionals and facilities shall determine the appropriateness of specific sites, technology platforms, and technology vendors for a telehealth service, as long as delivered services adhere to privacy laws. Changes the term "telehealth" to "telehealth services". Makes corresponding changes. Defines terms. Amends the Illinois Insurance Code. In provisions concerning coverage for telehealth services, makes changes to definitions. Provides that coverage and reimbursement for telehealth services delivered by health care professionals and facilities shall comply with the Telehealth Act. Makes other changes. Amends the Illinois Public Aid Code. Provides that the Department and managed care organizations shall comply with the Telehealth Act and removes provisions concerning behavioral health and medical services via telehealth. Makes other changes. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 5 ILCS 100/5-45.10 new 225 ILCS 150/20 new 225 ILCS 150/25 new 225 ILCS 150/30 new 225 ILCS 150/35 new Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that an individual or group policy of accident or health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after the effective date of the amendatory Act shall cover all telehealth services rendered by a health care professional to deliver any clinically appropriate, medically necessary covered services, and shall not engage in specified activities. Provides that any policy, contract, or certificate of health insurance coverage that does not distinguish between in-network and out-of-network providers shall be subject to the Act as though all providers were in-network. Provides that health care professionals and facilities shall determine the appropriateness of specific sites, technology platforms, and technology vendors for a telehealth service, as long as delivered services adhere to privacy laws. Provides that there shall be no restrictions on originating site requirements for telehealth coverage or reimbursement to the distant site. Defines terms. Amends the Telehealth Act. Changes the term "telehealth" to "telehealth services". Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services and managed care organizations shall comply with specified provisions of the Illinois Insurance Code and removes provisions concerning behavioral health and medical services via telehealth. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. In provisions concerning coverage for telehealth services, removes language that provides that coverage and reimbursement for telehealth services delivered by health care professionals and facilities shall comply with the Telehealth Act. Removes changes to the Telehealth Act. Makes other changes. Effective immediately. House Floor Amendment No. 2 In provisions in the Illinois Administrative Procedure Act concerning emergency rulemaking, provides that provisions allowing the Department of Insurance and the Department of Healthcare and Family Services to adopt emergency rules are repealed on January 1, 2022 (rather than January 1, 2026). In provisions concerning coverage for telehealth services, provides that an individual or group policy of accident or health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after the effective date of the amendatory Act shall not require that in-person contact occur between a health care professional and a patient (rather than in-person contact shall not occur between a health care professional and a patient, except before an initial e-visit or virtual check-in in order to establish a patient relationship).

Amends the Unemployment Insurance Act to provide that if an individual's benefit year begins on or after March 8, 2020, but before the week following the last week of a disaster period established by the gubernatorial disaster proclamations in response to COVID-19, recovery by suit in the name of the People of the State of Illinois or recoupment from benefits payable to an individual for any week shall be permanently waived if the sum was received by the individual without fault on his or her part. Provides that, in cases of such permanent waiver of recovery or recoupment, the Director of Employment Security may not request the Comptroller or the Secretary of the Treasury to withhold a sum of benefits for which an individual is found to be ineligible. Effective immediately. Fiscal Note (Dept. of Employment Security) The legislation may have a fiscal impact on the Illinois Unemployment Insurance Trust Fund. The reported data indicates that for the programs payable under Illinois state law: (1) Fiscal Year 2019, non-fraudulent recovery totaled approximately $14,303,046.00; (2) Fiscal Year 2020, non-fraudulent recovery totaled approximately $16,552,059.00; and (3) First and Second Quarter Fiscal Year 2021, non-fraudulent recovery totaled approximately $10,147,378.00. Based on the above data, it appears the legislation could forgive $3.5 million to $5.1 million for each quarter the waiver provision remained in effect. While the system is generally designed to replenish the state’s Unemployment Trust Fund account by charging employers for benefits paid from the account, employers would not be directly charged for the forgiven overpayments as the bill is currently written.

Amends the Corporate Fiduciary Act to create the Special Purpose Trust Company Authority and Organization Article. Provides that a corporation that has been or shall be incorporated under the general corporation laws of the State for the special purpose of providing fiduciary custodial services or providing other like or related services as specified by rule may be appointed to act as a fiduciary with respect to such services and shall be designated a special purpose trust company. Provides that it shall not be lawful for any person to engage in the activity of a special purpose trust company without first filing an application for and procuring a certificate of authority from the Secretary of Financial and Professional Regulation. Provides that the Department shall adopt rules for the administration of the Article, and that specified Articles of the Corporate Fiduciary Act shall apply to a special purpose trust company as if the special purpose trust company were a trust company. Amends the Illinois Banking Act. In provisions concerning conversion and merger with trust companies, provides that a special purpose trust company may merge with a State bank or convert to a State bank as if the special purpose trust company were a trust company. Defines "special purpose trust company". Amends the Blockchain Business Development Act to provide that the Department of Financial and Professional Regulation shall have authority to adopt rules, opinions, or interpretive letters regarding the custody of digital assets, including digital consumer assets, digital securities, and virtual currency. House Floor Amendment No. 1 Provides that the Department of Financial and Professional Regulation shall have the authority to adopt rules, opinions, or interpretive letters regarding the provision of custodial services for digital assets by banks chartered under the Illinois Banking Act, savings banks chartered under the Savings Bank Act, and corporate fiduciaries authorized under the Certificate Of Authority And Organization Article or Special Purpose Trust Company Authority And Organization Article of the Corporate Fiduciary Act. Defines "digital asset". Removes language that provides that the Department of Financial and Professional Regulation shall have authority to adopt rules, opinions, or interpretive letters regarding the custody of digital assets, including digital consumer assets, digital securities, and virtual currency.

Amends the Illinois Income Tax Act. Provides that an amount equal to the sum of (i) 8% of the net revenue realized from the tax imposed upon individuals, trusts, and estates and (ii) 9.11% of the net revenue realized from the tax imposed upon corporations shall be deposited into the Local Government Distributive Fund (currently, an amount equal to the sum of (i) 6.06% of the net revenue realized from the tax imposed upon individuals, trusts, and estates and (ii) 6.85% of the net revenue realized from the tax imposed upon corporations shall be deposited into the Local Government Distributive Fund). Amends the State Revenue Sharing Act to provide that amounts paid into the Local Government Distributive Fund are appropriated on a continuing basis. Effective July 1, 2022.

Creates the Public Higher Education Act. Provides that the intent of the Act is for the requirements of the Act to apply equally to the governing board of each public institution of higher education in this State. Defines "governing board of each public institution of higher education" and "public institution of higher education". Adds provisions requiring each public institution of higher education to make emergency contraception available for purchase through at least one vending machine located on each campus under its jurisdiction; defines "emergency contraception". Sets forth minimum requirements concerning the packaging, storage, cost, and dispensing of the emergency contraception. Effective immediately. House Floor Amendment No. 2 Excludes the board of trustees of a community college district and a public community college from the provisions concerning emergency contraception. Provides that the vending machine must be located in an area of campus where students can access the emergency contraception on weekends or after class hours and that the price of emergency contraception may not exceed $40. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 4247, as amended by HA 2, will not impact any public pension fund or retirement system in the State of Illinois. Pension Note (Government Forecasting & Accountability) HB 4247 would not impact any public pension fund or retirement system in Illinois. House Floor Amendment No. 3 Removes references to community colleges and makes other changes to definitions related to public institutions of higher education. State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Fiscal Note, House Floor Amendment No. 2 (Illinois Board of Higher Education) The estimated first-year cost to the public universities from HB 4247, as amended by House Amendment #2, is $135,000. The estimated out-year costs total $20,000 annually.

Amends the Nurse Practice Act. Ratifies and approves the Nurse Licensure Compact, which allows for the issuance of multistate licenses that allow nurses to practice in their home state and other compact states. Provides that the Compact does not supersede existing State labor laws. Provides that the State may not share with or disclose to the Interstate Commission of Nurse Licensure Compact Administrators or any other state any of the contents of a nationwide criminal history records check conducted for the purpose of multistate licensure under the Nurse Licensure Compact.

Amends the Illinois Public Aid Code. In provisions concerning the Temporary Assistance for Needy Families program, provides that the child support collected on behalf of a family shall be passed through to the family and disregarded in determining the amount of the assistance grant provided to the family under the program (rather than the first $100 of child support collected on behalf of a family in a month for one child and the first $200 of child support collected on behalf of a family in a month for 2 or more children shall be passed through to the family and disregarded in determining the amount of the assistance grant provided to the family under the program). Provides that beginning October 1, 2022 (rather than October 1, 2018) the Department of Human Services shall increase TANF grant amounts in effect on September 30, 2022 (rather than September 30, 2018) to at least 50% (rather than 30%) of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for each family size. Provides that beginning October 1, 2023 (rather than October 1, 2019), and each October 1 thereafter, the maximum benefit levels shall be annually adjusted to remain equal to at least 50% (rather than 30%) of the most recent poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services for each family size. Effective October 1, 2022.

Amends the Illinois Income Tax Act. Provides that the earned income tax credit shall be: (i) 20% of the federal tax credit for each taxable year beginning on or after January 1, 2023 and prior to January 1, 2024; (ii) 22% of the federal tax credit for each taxable year beginning on or after January 1, 2024 and prior to January 1, 2025; and (iii) 25% of the federal tax credit for each taxable year beginning on or after January 1 2025. Provides that the earned income tax credit is available to persons who have attained the age of 18 but have not yet attained the age of 25 and to persons who are 65 years of age or older, without regard to any age requirements that would otherwise apply to individuals without a qualifying child under federal Internal Revenue Code. Extends the earned income tax credit to individuals filing a return using an individual taxpayer identification number. Creates a child dependent tax credit that shall be not less than $600 when combined with the taxpayer's earned income tax credit. Effective immediately.

Amends the State Finance Act. Provides that the State shall not expend or invest any public funds in any organization, nonprofit organization, religious organization, or any other entity that performs conversion therapy. Provides that any public funds owed by the State to an organization performing conversion therapy shall be withheld from such organization, and any contract between the State and that organization shall be void.

Amends the Illinois Insurance Code. In provisions concerning a contract between public adjuster and insured, provides that: a public adjuster shall ensure that the contract contains the email address of the public adjuster; a public adjuster may also provide an exact copy of the contract to the insurer's authorized representative for receiving notice of loss or damage in specified circumstances; a public adjuster may provide emergency services before a written contract with the insured has been executed; a public adjuster shall not provide services until a written contract with the insured has been executed and an exact copy of the contract has been provided to the insurer; at the option of an insured, any contract between a public adjuster and the insured shall be voidable for 5 business days after the copy of the contract has been received by the insurer, except as provided in the Fire Damage Representation Agreement Act; the insured may void the contract by notifying the public adjuster in writing by sending an email to the email address shown on the contract. been received by the insurer, except as provided in the Fire Damage Representation Agreement Act. Defines "adjusting insurance claims" and "compensation". Changes a definition of "public adjuster". Removes a definition of "adjusting a claim for loss or damage covered by an insurance contract". Repeals the Public Insurance Adjusters and Registered Firms Article of the Illinois Insurance Code. Effective immediately. Senate Floor Amendment No. 3 Deletes reference to: 215 ILCS 5/1510 215 ILCS 5/1575 215 ILCS 5/Art. XXXI.75 rep. Adds reference to: 5 ILCS 100/5-45.35 new 5 ILCS 140/7.5 20 ILCS 2605/2605-35 was 20 ILCS 2605/55a-3 20 ILCS 2605/2605-51.1 30 ILCS 500/1-10 430 ILCS 65/2 from Ch. 38, par. 83-2 430 ILCS 65/3 from Ch. 38, par. 83-3 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/4.1 new 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 67/40 430 ILCS 67/45 430 ILCS 67/55 720 ILCS 5/24-1 from Ch. 38, par. 24-1 720 ILCS 5/24-1.9 new 720 ILCS 5/24-1.10 new Replaces everything after the enacting clause. Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Division of Criminal Investigation of the Illinois State Police shall conduct other investigations as provided by law, including, but not limited to, investigations of human trafficking, illegal drug trafficking, and illegal firearms trafficking. Provides that the Division of Criminal Investigation shall provide statewide coordination and strategy pertaining to firearm-related intelligence, firearms trafficking interdiction, and investigations. Amends the Firearm Owners Identification Card Act. Provides that a petitioner may request a plenary firearms restraining order of up to one-year, but not less than 6 months (rather than 6 months). Provides that the order may be renewed for an additional period of up to one year. Amends the Criminal Code of 2012. Provides that beginning January 1, 2024, it is unlawful for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions, and provides penalties. Provides that it is unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions, and provides penalties. Contains a severability provision. Amends the Freedom of Information Act. Exempts from disclosure under the Act certain information concerning endorsements received by the Illinois State Police. Effective immediately. Senate Floor Amendment No. 4 Makes a technical change to a cross-reference in the bill. Senate Floor Amendment No. 5 Makes a technical change to a cross-reference in the bill.