Rep. Deb Conroy

Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance that is amended, delivered, issued, or renewed on or after January 1, 2024 shall provide coverage for the cost of the genetic testing of the BRCA1 and BRCA2 genes to detect an increased risk for breast and ovarian cancer if recommended by a health care provider in accordance with the United States Preventive Services Task Force's recommendations for testing.

Amends the Criminal Code of 2012. Provides that it is unlawful for a child sex offender to knowingly operate, manage, be employed by, or be associated with any carnival, amusement enterprise, or fair (rather than the prohibition only applying to county fairs) when persons under the age of 18 are present. Senate Floor Amendment No. 1 Provides that it is unlawful for a child sex offender to knowingly operate, manage, be employed by, or be associated with any carnival, amusement enterprise, or county or State fair when persons under the age of 18 are present.

Creates the Renewable Energy Component Recycling Task Force Act. Creates the Renewable Energy Component Recycling Task Force to investigate options for recycling and other end of life management methods for renewable energy generation components and energy storage devices in accordance with State and federal requirements, to identify preferred methods to safely and responsibly manage end of life renewable energy generating components and energy storage devices, including the reuse or refurbishment, and other specified duties. Provides for the membership and duties of the Task Force. Directs the Task Force to report its findings and recommendations to the Governor and the General Assembly by March 1, 2023. Provides legislative findings. Repeals the Act on December 31, 2023. Effective immediately. Senate Floor Amendment No. 1 Requires the Environmental Protection Agency to coordinate meetings for and provide other logistical assistance to the Task Force. Provides that the Agency may arrange to have outside experts provide research assistance, technical support, and assistance in the preparation of reports for the Task Force. Permits the Agency to use moneys from the Solid Waste Management Fund to fulfill its obligations. Requires the Task Force's final report to be submitted no later than July 1, 2025 (rather than March 1, 2023). Provides that the Act is repealed on December 31, 2025 (rather than December 31, 2023).

Creates the Behavior Analyst Licensing Act. Provides for licensure of behavior analysts, assistant behavior analysts, and behavior technicians by the Department of Financial and Professional Regulation. Contains provisions concerning licensure requirements, qualifications, the Board of Behavior Analysts, provisional licenses, and rules. Amends the Illinois Public Aid Code to provide that treatment of autism spectrum disorder through applied behavior analysis shall be covered under the medical assistance program for children with a diagnosis of autism spectrum disorder when ordered by a behavior analyst licensed by the Department of Financial and Professional Regulation to practice applied behavior analysis in the State of Illinois. Effective immediately. House Floor Amendment No. 2 Removes language providing that each applicant for licensure as an assistant behavior analyst shall have his or her fingerprints submitted to the Illinois State Police in the form and manner prescribed by the Illinois State Police. Provides instead that each applicant for licensure as an assistant behavior analyst shall have his or her fingerprints submitted to the Illinois State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Illinois State Police. Provides that the criminal history record databases to be checked include, but are not limited to, civil, criminal, and latent fingerprint databases. Provides that the fee charged by the Illinois State Police for conducting the criminal history records check shall not exceed the actual cost of the records check (rather than the actual cost of the Illinois and national criminal history record check). Provides that the Illinois State Police shall furnish records of Illinois convictions as prescribed under the Illinois Uniform Conviction Information Act and shall forward the national criminal history record information to the Department. Senate Committee Amendment No. 1 Adds reference to: 5 ILCS 80/4.41 new 320 ILCS 20/2 from Ch. 23, par. 6602 325 ILCS 5/4 Replaces everything after the enacting clause. Creates the Behavior Analyst Licensing Act. Provides for the licensure of behavior analysts and assistant behavior analysts. Creates the Behavior Analyst Licensing and Disciplinary Board. Provides qualifications for licensure application, including for those who have met certain requirements before the effective date of the Act. Establishes the powers and duties of the Department of Financial and Professional Regulation. Provides grounds for disciplinary actions and for civil and criminal penalties for violations of the Act. Creates provisions concerning hearings and rehearings. Provides for judicial review of all final administrative decisions of the Department. Contains provisions concerning orders, license restrictions and limitations, examinations, and Social Security Numbers on license applications. Amends the Regulatory Sunset Act. Provides that the Behavior Analyst Licensing Act is repealed on January 1, 2032. Makes corresponding changes to the Adult Protective Services Act and the Abused and Neglected Child Reporting Act. Amends the Illinois Public Aid Code to provide that treatment of autism spectrum disorder through applied behavior analysis shall be covered under the medical assistance program for children with a diagnosis of autism spectrum disorder when evaluated and treated by a behavior analyst licensed by the Department of Financial and Professional Regulation to practice applied behavior analysis in the State of Illinois. Effective immediately. Senate Committee Amendment No. 2 Adds reference to: 5 ILCS 80/4.38 320 ILCS 20/2 from Ch. 23, par. 6602 325 ILCS 5/4 Replaces everything after the enacting clause. Creates the Behavior Analyst Licensing Act. Provides for the licensure of behavior analysts and assistant behavior analysts. Creates the Behavior Analyst Licensing and Disciplinary Board. Provides qualifications for licensure application, including for those who have met certain requirements before the effective date of the Act. Establishes the powers and duties of the Department of Financial and Professional Regulation. Provides for grounds for disciplinary actions and for civil and criminal penalties for violations of the Act. Creates provisions concerning hearings and rehearings. Provides for judicial review of all final administrative decisions of the Department. Provides for provisions concerning orders, license restrictions and limitations, examinations, and Social Security Numbers on license applications. Amends the Regulatory Sunset Act. Repeals the Act on January 1, 2028. Makes corresponding changes to the Adult Protective Services Act and the Abused and Neglected Child Reporting Act. Effective immediately. Senate Floor Amendment No. 3 Provides that the Behavior Analyst Licensing Act does not prohibit a speech-language pathologist and an audiologist from performing or advertising activities that are considered to be the practice of applied behavior analysis if the activities are consistent with the laws of the State, the individual's training, and any code of ethics of the individual's respective professions. Provides that no licensed behavior analyst or licensed assistant behavior analyst shall engage in the practice of speech-language pathology or the practice of audiology, as defined in the Illinois Speech-Language Pathology and Audiology Practice Act, unless licensed to do so under that Act.

Amends the School Code. Provides that all school boards shall waive fees assessed by the district for each student with a parent who is a veteran with an income at or below 200% of the federal poverty level. Effective immediately. Senate Committee Amendment No. 1 Provides that all school boards shall waive fees assessed by the district for each student with a parent who is a veteran or active duty military personnel (only veteran in the introduced bill) with an income at or below 200% of the federal poverty level.

Creates the Music Therapy Licensing and Practice Act. Provides for licensure of professional music therapists and clinical music therapists by the Department of Financial and Professional Regulation. Establishes the Music Therapy Advisory Committee. Establishes the powers and duties of the advisory committee, including advising the Department on all matters pertaining to licensure, education, and continuing education requirements for licensees. Establishes the powers and duties of the Department, including prescribing rules defining what constitutes an appropriate curriculum for music therapy, reviewing the qualifications of applicants for licenses, investigating alleged violations of the Act, conducting hearings on disciplinary and other matters, and establishing a schedule of fees for the administration and enforcement of the Act. Establishes qualifications for licensure as a professional music therapist and clinical music therapist. Establishes grounds for discipline of a license. Provides for civil and criminal penalties for violations of the Act. Creates provisions concerning formal hearings, including transcripts of proceedings, appointment of hearing officers, subpoenas and depositions, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Preempts home rule. Effective immediately. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Removes all references to licensed clinical music therapists. Changes references to the "Music Therapy Advisory Committee" and "Advisory Committee" to "Music Therapy Advisory Board" and "Advisory Board". Changes the definition of "music therapy". Adds provisions concerning applicants' and licensees' addresses of record and email addresses of record. Makes changes concerning composition and powers and duties of the Music Therapy Advisory Board. Makes changes in provisions concerning exemptions from the Act, collaboration with audiologists and speech-language pathologists, the practice of psychotherapy by licensed music therapists, the powers and duties of the Department of Financial and Professional Regulation, qualifications for licensure, license renewal, grounds for discipline, violations, investigations, hearings, and findings. Removes provisions concerning restrictions and limitations. Makes other changes. Effective immediately. Senate Floor Amendment No. 3 Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 2 with the following changes. Provides that "music therapy intervention" as defined occurs during a therapist-client relationship and includes collaborating with and educating the client and the family, caregiver of the client, or any other appropriate person regarding the needs of the client that are being addressed in music therapy and the manner in which the music therapy treatment addresses those needs in compliance with state and federal law. Provides that the Music Therapy Advisory Board shall advise the Department of Financial and Professional Regulation on all matters pertaining to disciplinary actions for practice of music therapy in the State. Removes a provision that provides that nothing in the Act may be construed to prohibit the practice of a person whose training and national certification attests to the individual's preparation and ability to practice the individual's certified profession or occupation. Provides that the Secretary of Financial and Professional Regulation shall issue a license to an applicant for a professional music therapist license if the applicant is of good moral character. Provides that in determining moral character under the provisions of qualifications for licensure, the Department may take into consideration whether the applicant has engaged in conduct which would constitute grounds for discipline under the Act. Removes as a ground for discipline the failure to file a return, or to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest, as required by a tax Act administered by the Department of Revenue. Adds that whenever the Secretary believes substantial justice (rather than only justice) has not been done in the revocation, suspension, or refusal to issue or renew a license or the discipline of a licensee, the Secretary may order a rehearing. Removes provisions concerning: the suspension of a license for failure to pay restitution; the surrender of a license; and any conflict with the Act and any other law. Makes other and conforming changes. House Floor Amendment No. 1 Adds reference to: 5 ILCS 80/4.38 Repeals the Music Therapy Licensing and Practice Act on January 1, 2028.

Amends the State Treasurer Act. Makes a technical change in a Section concerning bond. House Floor Amendment No. 1 Deletes reference to: 15 ILCS 505/1 Adds reference to: 20 ILCS 1305/1-75 new 30 ILCS 105/5.970 new Replaces everything after the enacting clause. Amends the Department of Human Services Act. Provides that the amendatory Act may be referred to as the First Responders Child Care Act. Provides that subject to appropriation, the Department of Human Services shall establish and administer an Off-Hours Child Care Grant Program to provide grants to licensed child care facilities to expand their program of services to include off hours, night, or sleep time child care for first responders and third shift workers who, on account of their work schedule, need child care outside of the hours when licensed child care facilities typically operate. Provides that services funded under the grant program must address the child care needs of first responders. Provides that grants provided under the program may also be used to cover any capital and operating expenses related to the provision of off-hours, night, or sleep time child care for first responders. Requires child care facilities seeking funding under the grant program to apply to the Department in a form and manner prescribed by the Department. Requires the Department to implement the grant program by the date the Child Care Advisory Council submits its final report to the General Assembly as provided under Senate Resolution 862 of the 102nd General Assembly or by December 31, 2022, whichever is earlier. Permits the Department to adopt any rules necessary to implement the program. Defines "first responders" to mean emergency medical services personnel as defined in the Emergency Medical Services (EMS) Systems Act, firefighters, law enforcement officers, and, as determined by the Department, any other workers who, on account of their work schedule, need child care outside of the hours when licensed child care facilities typically operate. Amends the State Finance Act. Creates the Off-Hours Child Care Grant Program Fund as a special fund in the State treasury. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 15 ILCS 505/1 Adds reference to: 20 ILCS 1305/1-75 new 30 ILCS 105/5.970 new Replaces everything after the enacting clause. Amends the Department of Human Services Act. Provides that the amendatory Act may be referred to as the First Responders Child Care Act. Provides that subject to appropriation, the Department of Human Services shall establish and administer an Off-Hours Child Care Program to help first responders and other workers identify and access off-hours, night, or sleep time child care. Provides that services funded under the program must address the child care needs of first responders. Provides that funding provided under the program may also be used to cover any capital and operating expenses related to the provision of off-hours, night, or sleep time child care for first responders. Requires the Department to implement the program by July 1, 2023. Permits the Department to adopt any rules necessary to implement the program. Defines "first responders" to mean emergency medical services personnel as defined in the Emergency Medical Services (EMS) Systems Act, firefighters, law enforcement officers, and, as determined by the Department, any other workers who, on account of their work schedule, need child care outside of the hours when licensed child care facilities typically operate. Amends the State Finance Act. Creates the Off-Hours Child Care Program Fund as a special fund in the State treasury. Effective immediately. House Floor Amendment No. 3 Provides that that amendatory Act shall be referred to as the Off-Hours Child Care Act (rather than the First Responders Child Care Act). In a provision concerning legislative intent, provides that only 435 of the State's group day care homes (rather than group home care programs) provide night care.

Amends the Illinois Act on the Aging. Provides that the amendatory Act applies to any person who is employed by the Department on Aging, or is contracted with the Department, to provide direct services to individuals enrolled in the Community Care Program. Requires dementia training of at least 2 hours to be completed at the start of employment with the Department or contractor. Provides that persons who are employees of the Department or a contractor on the effective date of the amendatory Act shall complete this training within 6 months after the effective date of the amendatory Act. Requires the training to cover the following subjects: Alzheimer's disease and dementia, safety risks, and communication and behavior. Requires annual continuing education training to include at least 2 hours of dementia training covering those subjects. Provides that if laws or rules existing on the effective date of the amendatory Act contain more rigorous training requirements for employees or contractors providing direct services to Community Care Program enrollees, those laws or rules shall apply. Provides that where there is overlap between the provisions of the amendatory Act and other laws and rules, the Department shall interpret the provisions of the amendatory Act to avoid duplication of requirements while ensuring that the minimum requirements set in the amendatory Act are met. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Provides that the amendatory Act applies to any person who is employed by the Department on Aging, or by an agency that is contracted with the Department, to provide direct services to individuals participating in the Community Care Program (rather than the amendatory Act applies to any person who is employed by the Department, or is contracted with the Department, to provide direct services to individuals enrolled in the Community Care Program). Provides that the amendatory Act is designed to improve the quality of training for Community Care Program direct service workers (rather than to address gaps in current dementia training requirements for Community Care Program direct service workers and improve the quality of training). Provides that an individual who is required to receive dementia training under other laws and rules may be considered exempt, as long as the requirement includes a minimum 2 hours of dementia training. Provides that an individual shall be required to show proof he or she received the training required under the amendatory Act. Removes language providing that where there is overlap between the amendatory Act and other laws and rules, the Department shall interpret the amendatory Act to avoid duplication of requirements while ensuring that the minimum requirements set in the amendatory Act are met.

Amends the Mental Health and Developmental Disabilities Administrative Act. Makes a technical change in a Section concerning the purpose of the Act. House Floor Amendment No. 1 Deletes reference to: 20 ILCS 1705/1 Adds reference to: New Act Replaces everything after the enacting clause. Creates the Mental Health Inpatient Facility Access Act. Requires the Department of Human Services' Division of Mental Health to develop a written, strategic plan that comprehensively addresses improving access to inpatient psychiatric beds in State-operated mental health facilities for individuals needing a hospital level of care. Provides that the plan shall include annual training requirements for State-operated inpatient mental health facility clinicians, regular and periodic mental health assessments of individuals admitted to State-operated facilities, updated facility policies and procedures aimed at increasing opportunities for home visits and work programs that assist with community reintegration, steps to increase access to community-based mental health services that provide outpatient alternatives and step-down services, certification requirements for mental health clinicians, and other matters. Requires the Department to develop benchmarks to ensure that every individual found unfit to stand trial or not guilty by reason of insanity who has been committed by a court to the Department for treatment shall be admitted to a Department facility within specified statutory time periods. Requires the strategic plan to be made publicly available in one year. Prohibits the Department from making further reductions in State-operated inpatient mental health bed capacity. Provides that nothing in the amendatory Act shall affect the authority of the Governor to issue emergency executive orders to protect the health or safety of recipients or employees of State-operated inpatient psychiatric facilities. Effective immediately.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that in order to maximize the accessibility of preventive prenatal and perinatal health care services, the Department of Healthcare and Family Services shall amend its managed care contracts such that an managed care organization must pay for preventive prenatal and perinatal healthcare services rendered by a non-affiliated provider, for which the health plan would pay if rendered by an affiliated provider, at the same rate the Department would pay for such services exclusive of disproportionate share payments and Medicaid percentage adjustments, unless a different rate was agreed upon by the health plan and the non-affiliated provider. Effective January 1, 2023. House Committee Amendment No. 2 Adds reference to: 210 ILCS 170/5 210 ILCS 170/25 Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes. Amends the Birth Center Licensing Act. Provides that a licensed certified professional midwife may attend or be delegated to attend to each person in labor from the time of admission through birth and throughout the immediate postpartum period. Defines "licensed certified professional midwife". Makes a conforming change. Effective January 1, 2023. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Further amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that a managed care organization must pay for preventative prenatal services, perinatal healthcare services, and postpartum services rendered by a non-affiliated provider, for which the health plan would pay if rendered by an affiliated provider, at the rate paid (rather than at no less than the rate paid) under the Illinois Medicaid fee-for-service program methodology for such services. Provides that, in cases where a managed care organization must pay for preventive prenatal services, perinatal healthcare services, and postpartum services rendered by a non-affiliated provider, the payment rate requirements under the amendatory Act shall not apply if the services were not emergency services, as defined in a specified provision of the Code, and: (1) the non-affiliated provider is a perinatal hospital and has, within the 12 months preceding the date of service, rejected a contract that was offered in good faith by the health plan as determined by the Department of Healthcare and Family Services; or (2) the health plan has terminated a contract with the non-affiliated provider for cause, and the Department has not deemed the termination to have been without merit. Provides that the Department may deem that a determination for cause has merit if: (i) an institutional provider has repeatedly failed to conduct discharge planning; or (ii) the provider's conduct adversely and substantially impacts the health of Medicaid patients; or (iii) the provider's conduct constitutes fraud, waste, or abuse; or (iv) the provider's conduct violates the code of ethics governing his or her profession. Effective January 1, 2023.