Rep. Anna Moeller

Amends the Illinois Insurance Code. In provisions concerning coverage for anesthetics provided in conjunction with dental care to an individual diagnosed with autism spectrum disorder, removes the requirement that anesthetics be provided by a dentist licensed under the Illinois Dental Practice Act and changes the age of the individual that treatment shall be covered to under age 26 (rather than under age 19). Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. In provisions concerning coverage for anesthetics provided in conjunction with dental care to an individual diagnosed with autism spectrum disorder, requires coverage for anesthetics provided by a physician licensed to practice medicine in all of its branches under the Medical Practice Act of 1987 and changes the age of the individual for which treatment shall be covered to under age 26 (rather than under age 19). House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. In provisions concerning coverage for anesthetics provided in conjunction with dental care to an individual diagnosed with autism spectrum disorder, changes the age of the individual that treatment shall be covered to under age 26 (rather than under age 19).

Amends the Electronic Fund Transfer Act. Makes a technical change in a Section concerning powers and duties under the Act. House Committee Amendment No. 1 Deletes reference to: 205 ILCS 616/20 Adds reference to: New Act 5 ILCS 140/7.5 5 ILCS 375/6.11 215 ILCS 5/Art. XXXIIB heading new 215 ILCS 5/513b1 new 215 ILCS 5/513b2 new 215 ILCS 5/513b3 new 215 ILCS 5/513b4 new 215 ILCS 5/513b5 new 215 ILCS 5/513b6 new 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 215 ILCS 134/30 215 ILCS 134/65 225 ILCS 85/42 new 305 ILCS 5/5-36 new Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that a contract between a health insurer and a pharmacy benefit manager must:(1) require the pharmacy benefit manager to update maximum allowable cost pricing information and maintain a process that will eliminate drugs from maximum allowable cost lists or modify drug prices to remain consistent with changes in pricing data; (2) prohibit the pharmacy benefit manager from limiting a pharmacist's ability to disclose the availability of a more affordable alternative drug; and (3) prohibit the pharmacy benefit manager from requiring an insured to make a payment for a prescription drug in an amount that exceeds the lesser of the applicable cost-sharing amount or the retail price of the drug. Contains provisions concerning the inclusion of prescription drugs on a maximum allowable cost list, State licensing requirements for pharmacy benefit managers, and other matters. Makes conforming changes to other Acts. Amends the Managed Care Reform and Patient Rights Act. Provides that a health care plan shall apply any third-party payments for prescription drugs. Makes changes to provisions concerning the denial of coverage for emergency services. Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services may enter into a contract with any third party on a fee-for-service reimbursement model for the purpose of administering pharmacy benefits. Requires the Department to ensure coordination of care between the third-party administrator and managed care organizations as a consideration in any contracts established. Amends the Freedom of Information Act to exempt from disclosure certain information pharmacy benefits managers are required to provide under the Illinois Public Aid Code. Contains a severability provision. House Floor Amendment No. 2 Deletes reference to: 215 ILCS 134/65 Adds reference to: 5 ILCS 140/7 215 ILCS 134/10 Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1, but with the following changes: Further amends the Illinois Insurance Code. In a provision concerning contracts between health insurers and pharmacy benefit managers, provides that such contracts must require pharmacy benefit managers to: (1) update maximum allowable cost pricing information at least every 7 calendar days; (2) provide access to its maximum allowable cost list to each pharmacy or pharmacy services administrative organization, as defined, subject to the maximum allowable cost list; (4) provide a process by which a contracted pharmacy can appeal the provider's reimbursement for a drug subject to maximum allowable cost pricing; and other matters. Regarding a drug on the maximum allowable cost list, requires pharmacy benefits managers to ensure that: (i) if a drug is a generically equivalent drug, it is listed as therapeutically equivalent and pharmaceutically equivalent to certain rating standards; (ii) the drug is available for purchase by each pharmacy in the State from national or regional wholesalers operating in Illinois; and (ii) the drug is not obsolete (rather than requiring a drug to have at least 3 or more nationally available, therapeutically equivalent, multiple source generic drugs with a significant cost difference and be available for purchase without limitations by all pharmacies in the State from national or regional wholesalers). Permits the Director of Insurance to examine a pharmacy benefit manager's designee, representative, or other specified persons (rather than any individual) about the business of the pharmacy benefit manager. Contains provisions concerning the denial of a pharmacy benefits manager's registration application or the suspension or revocation of a pharmacy benefits manager's registration. Defines terms. Further amends the Managed Care Reform and Patient Rights Act. Makes changes to the definition of "emergency medical condition". Removes changes made to a provision concerning the denial of coverage and payment for emergency services provided without prior authorization or an approved plan. Further amends the Illinois Public Aid Code. Makes changes to certain reporting requirements imposed on the Director of Healthcare and Family Services. Requires a pharmacy benefit manager to make certain disclosures to the Department of Healthcare and Family Services upon request. Requires a pharmacy benefit manager to make certain written disclosures to a pharmacy provider or pharmacy services administrative organization. Defines "pharmacy services administrative organization." Requires the Department to adopt rules establishing reasonable dispensing fees for fee-for-service payments in accordance with guidance or guidelines from the federal Centers for Medicare and Medicaid Services.

Amends the Illinois Public Aid Code. Requires the Illinois Student Assistance Commission (ISAC) to identify and flag college students who are potentially eligible to receive Supplemental Nutrition Assistance Program (SNAP) benefits. Provides that the factors to be used to determine potential SNAP eligibility shall be prescribed by ISAC in consultation with the Department of Human Services, but at a minimum shall include income information reported on a college student's Free Application for Federal Student Aid. Requires ISAC, in consultation with the Department of Human Services, to develop a notice that ISAC shall make available electronically to institutions of higher education that includes, at a minimum, college student SNAP eligibility criteria, the Application for Benefits Eligibility's website address, and the Illinois Hunger Coalition's Hunger Hotline. Requires Illinois institutions of higher education that participate in the Monetary Award Program to provide the notice in writing to all students who are enrolled or accepted for enrollment and are identified by ISAC as potentially SNAP eligible. Requires ISAC to adopt rules. Effective immediately. Senate Committee Amendment No. 1 Adds reference to: 305 ILCS 5/12-4.13b Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, but with the following changes and additions: Provides that the Department of Human Services shall consult with the Illinois Workforce Innovation Board (rather than with the Illinois Workforce Investment Board) to establish a protocol to identify and verify all potential exemptions to certain federal eligibility rules under the Supplemental Nutrition Assistance Program (SNAP). Provides that a career and technical educational program approved by the Illinois Community College Board that could be a component of a SNAP Employment and Training (E&T) program, as identified by the Department of Human Services, shall be considered an employment and training program under a specified provision of the Code of Federal Regulations, unless prohibited by federal law. In provisions requiring the Illinois Student Assistance Commission (ISAC) to adopt rules concerning SNAP eligibility notifications to college students, requires ISAC to adopt the rules on or before October 1, 2020 (rather than on or before October 1, 2019). Effective immediately. House Committee Amendment No. 1 Requires the Illinois Student Assistance Commission (ISAC) to annually include information about the Supplemental Nutrition Assistance Program (SNAP) in the language that schools are required to provide to students eligible for the Monetary Award Program grant (rather than requiring ISAC to identify and flag college students who are potentially eligible to receive SNAP benefits). Provides that the language shall, at a minimum, direct students to information about college student eligibility criteria for SNAP, and direct students to the Department of Human Services and to the Illinois Hunger Coalition's Hunger Hotline for additional information. Requires Illinois institutions of higher education that participate in the Monetary Award Program (MAP) to provide the notice to all students who are enrolled, or who are accepted for enrollment and intending to enroll, and who have been identified by ISAC as MAP-eligible at the institution (rather than requiring ISAC to develop, in consultation with the Department of Human Services, an electronic notice for institutions of higher education that includes, at a minimum, college student SNAP eligibility criteria, the Application for Benefits Eligibility's website address, and the Illinois Hunger Coalition's Hunger Hotline).

Amends the Medical Patient Rights Act. Provides that every woman has certain rights with regard to pregnancy and childbirth, including the right to receive care that is consistent with current scientific evidence about benefits and risks, the right to choose her birth setting, the right to be provided with certain information, and the right to be treated with respect at all times before, during, and after pregnancy by her health care professionals and to have a health care professional that is culturally competent and treats her appropriately regardless of her ethnicity, sexual orientation, or religious background. Requires the Department of Public Health, Department of Healthcare and Family Services, Department of Children and Family Services, and Department of Human Services to post information about these rights on their publicly available websites. Requires every health care provider, day care center, Head Start, and community center to post information about these rights in a prominent place and on their websites, if applicable. Requires the Department of Public Health to adopt rules to implement the provisions. Effective immediately. Fiscal Note (Dept. of Public Health) HB 2 would not pose any fiscal cost aside from standard staff time with the rulemaking. The cost would be negligible. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes: Removes language regarding a woman's rights to receive maternity care regarding social and behavioral factors, to receive continuous social, emotional, and physical support during labor and birth, and to receive full advance information about specified risks and benefits. Provides that a woman has the right to a certified nurse midwife as her maternity care professional and to examine and receive an explanation of her total bill for services rendered. Specifies that nothing in the provisions or any rules adopted under them shall be construed to require a physician, health care professional, hospital, hospital affiliate, or health care provider to provide care inconsistent with generally accepted medical standards or available capabilities or resources. Makes other changes. Effective January 1, 2020 (rather than immediately).

Amends the Evidence Article of the Code of Civil Procedure. Provides that evidence of a person's immigration status is not admissible in any civil proceeding unless: it is essential to prove an element of a claim or an affirmative defense; or a person or his or her attorney voluntarily reveals his or her immigration status to the court. Provides that a party intending to offer evidence regarding a person's immigration status shall file a written motion at least 14 days before trial. Provides that the court shall conduct an in camera hearing to review the probative value of the person's immigration status. Provides that if the court finds that the probative value of the person's immigration status outweighs its prejudicial nature, the court shall make findings of fact and conclusions of law regarding the permitted use of the evidence. Provides that the motion, related papers, and the record of the hearing shall be sealed and remain under seal unless the court orders otherwise. Provides that a party who communicates to a person or witness any threat to or actually disclose a person's or witness's immigration status to any entity or immigration or law enforcement agency with the intent to deter the person from testifying commits a Class C misdemeanor. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill and makes the following changes: Provides that evidence is also admissible if it is offered to prove an interest or bias of a witness, if it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature. Provides that a party intending to offer evidence related to a person's immigration status shall file a written motion that also explains why it is essential to a claim or affirmative defense or is probative of an interest or bias of a witness, it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature. Makes a corresponding change regarding findings of fact and conclusions of law the court must make regarding the permitted use of the evidence. Senate Floor Amendment No. 2 Deletes language providing that a written motion shall explain why it is essential to a claim or affirmative defense or is probative of an interest or bias of a witness.

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to ensure that those who draw blood from children and adults with intellectual and developmental disabilities are trained, at least once every 3 years, in the most current method of drawing blood from children and adults with developmental and intellectual disabilities. Provides that the training shall focus on drawing blood in a safe manner that is as comfortable as possible. Requires the Department to ensure that those facilities and providers review their training program at least once within each 3-year period to ensure that the training includes the most current methods available of drawing blood from children and adults with intellectual and developmental disabilities that is safe and comfortable for them and their families. Requires the Department to ensure that by July 1, 2020 all medical facilities are equipped to draw blood from children and adults with intellectual and developmental disabilities using finger-prick equipment, hemoglobin testing equipment, and all other related equipment that can be adapted to serve patients with intellectual and developmental disabilities. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health shall develop and make available training materials that ensure that all phlebotomists are trained in the most current methods of drawing blood from children and adults with intellectual and developmental disabilities. Provides that the materials shall conform to the best available practices used for drawing blood in a safe manner that is as comfortable as possible for the individual from whom blood is drawn and for the families, guardians, caretakers, or companions of the individual accompanying him or her while blood is drawn. Provides that the Department shall review the materials every 3 years to ensure that they conform with the best available practices. Provides that the Department shall ensure that health care providers and laboratories that employ a phlebotomist incorporate the training as part of a phlebotomist's initial employment training and as part of any ongoing training to maintain competencies and certifications as a phlebotomist. Defines "phlebotomist". House Floor Amendment No. 1 Removes language requiring the Department to develop training materials. House Floor Amendment No. 2 Defines "phlebotomist" as a person specifically trained to draw blood for diagnostic purposes in a health care setting (rather than a person who is certified to draw blood for diagnostic testing, transfusion, research, or blood donation). Exempts nonprofit blood banks or the affiliated laboratories of nonprofit blood banks from the provisions.

Creates the Immigrant Tenant Protection Act. Defines terms. Provides that, with exceptions, a landlord shall not: (1) threaten to disclose or actually disclose information regarding or relating to the immigration or citizenship status of a tenant to any person, entity, or any immigration or law enforcement agency with the intent of harassing or intimidating the tenant, retaliating against the tenant for exercising his or her rights, or influencing the tenant to surrender possession; or (2) bring an action to recover possession of a dwelling unit based solely or in part on the immigration or citizenship status of a tenant. Provides that the Act does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing State or local law; nor does the Act enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant. Provides that waiver of a right under the Act by a tenant is void as a matter of public policy. Provides remedies. Provides that in a civil action involving a tenant's or occupant's housing rights, no inquiry shall be permitted into the tenant's or occupant's immigration or citizenship status, with exceptions. Amends the Eviction Article of the Code of Civil Procedure. Provides that, subject to specified conditions, it is an affirmative defense to an eviction that a landlord engaged in conduct on the basis of immigration status of the tenant. Amends the Mobile Home Landlord and Tenant Rights Act. Provides that an eviction order may not be entered against a tenant as a reprisal for or on the basis of the tenant's immigration or citizenship status. Effective immediately.

Creates the Re-Entering Citizens Civics Education Act. Provides that the Department of Corrections and the Department of Juvenile Justice shall provide a nonpartisan peer-led civics program throughout the correctional institutions of the State to teach civics to soon-to-be released citizens who will be re-entering society. Provides for the curriculum and eligibility for the program. Provides that the program shall be taught by peer educators who are citizens incarcerated in the Department of Corrections and the Department of Juvenile Justice facilities and specially trained by experienced peer educators and established nonpartisan civic organizations. Provides that the nonpartisan civic organizations shall provide adequate training to peer educators on matters including, but not limited to, voting rights, governmental institutions, current affairs, and simulations of voter registration, election, and democratic processes, and shall provide periodic updates to program content and to peer educators. Provides that the Department of Corrections shall adopt rules to carry out the Act within 6 months after the effective date of the Act. Provides that the funding for the voting rights and registration peer education program shall be subject to appropriation by the General Assembly. Contains provisions regarding funding for the program. Effective January 1, 2020. Senate Floor Amendment No. 2 Provides that the civic education program must be offered by the Department of Corrections and the Department of Juvenile Justice to prisoners scheduled to be discharged within 12 months (rather than 6 months). Provides that established nonpartisan civic organizations may be assisted by area political science or civics educators at colleges, universities, and high schools and by nonpartisan organizations providing re-entry services. Provides that the Department of Corrections and the Department of Juvenile Justice should aim to include the peer reeducation workshop in conjunction with other pre-release procedures and movements. Adds references to "or superintendents" wherever "wardens" appear in the engrossed bill.

Amends the Illinois Human Rights Act. Provides that "employer" includes any person employing one (instead of 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. Provides that "employer" does not include any place of worship with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the place of worship of its activities. Senate Committee Amendment No. 1 Adds an effective date of July 1, 2020.

Amends the Drycleaner Environmental Response Trust Fund Act. Provides that an active drycleaning facility that has previously received or is currently receiving reimbursement for the costs of a remedial action shall maintain continuous financial assurance for environmental liability coverage in the amount of at least $500,000 until the earlier of (i) January 1, 2030 (currently, January 1, 2020) or (ii) the date the Drycleaner Environmental Response Trust Fund Council determines the drycleaning facility is an inactive drycleaning facility. Extends the repeal date for specified fee and tax provisions of the Drycleaner Environmental Response Trust Fund Act to January 1, 2030 (currently, January 1, 2020). Effective immediately. Senate Floor Amendment No. 1 Adds reference to: 415 ILCS 5/22.57 415 ILCS 135/5 415 ILCS 135/10 415 ILCS 135/25 415 ILCS 135/40 415 ILCS 135/50 415 ILCS 135/55 415 ILCS 135/60 415 ILCS 135/65 415 ILCS 135/69 415 ILCS 135/69.5 new 415 ILCS 135/77 new 415 ILCS 135/12 new 415 ILCS 135/31 new 415 ILCS 135/45 415 ILCS 135/85 415 ILCS 135/15 rep. 415 ILCS 135/20 rep. 415 ILCS 135/30 rep. 415 ILCS 135/75 rep. 415 ILCS 135/80 rep. Replaces everything after the enacting clause. Amends the Drycleaner Environmental Response Trust Fund Act. Provides for the transfer of the powers, duties, rights, and responsibilities of the Drycleaner Environmental Response Trust Fund Council to the Environmental Protection Agency. Makes corresponding changes. Makes corresponding changes, including providing that an owner or operator of a drycleaning facility may purchase specified insurance under the Act through the effective date of the amendatory Act (currently, there is no end date) and providing that financial assurance shall be offered for claims arising before July 1, 2020 (currently, there is no end date). Provides that during any fiscal year, no more than $600,000 shall be appropriated to the Agency from the Fund for administrative expenses, except for (i) any costs of complying with Title XVII of the Environmental Protection Act or (ii) any costs incurred by the Agency in performing investigative or remedial actions. Makes changes to provisions concerning the Drycleaner Environmental Response Trust Fund, powers and duties of the Council, remedial action accounts, drycleaning facility licenses and license fees, a drycleaning solvent tax, civil penalties, and audits and reports. Adds provisions concerning termination of contract with the Fund Administrator, criminal penalties, and review of final Council decisions. Changes the repeal date for specified fee and tax provisions from January 1, 2020 to January 1, 2030. Repeals provisions concerning creation of the Council, Council rules, audits and reports, and the adjustment of fees and taxes. Makes other changes. Amends the Environmental Protection Act. Makes changes to provisions concerning training requirements for a person who operates a perchloroethylene drycleaning machine. Effective July 1, 2020, except that the language in the Drycleaner Environmental Response Trust Fund Act concerning transfer of Council functions to the Agency, termination of contract with the Fund administrator, the insurance account, the eventual repeal of specified fee and tax provisions, and the repeal of provisions regarding the adjustment of fees and taxes take effect immediately.