Rep. Maura Hirschauer

Amends the Child Care Act of 1969. Provides that the definition of "day care center" does not include facilities operated in connection with a shopping center or service, religious services, or other similar facility, where transient children are cared for temporarily while parents or custodians of the children are occupied within 0.15 miles away from the location of the child care facility and readily available.

Amends the Nursing Home Care Act. Provides that an owner under the Act is prohibited from maintaining any financial interest with a person or entity that renders contracted services to a facility owned by the owner. Provides that a person or entity who is an owner on the amendatory Act's effective date has 30 days to terminate the owner's relationship with the person or entity with which the financial interest is maintained. Provides that a person or entity who becomes an owner after the amendatory Act's effective date shall have 30 days to terminate his or her relationship with the person or entity with which the financial interest is maintained. Provides that the Department of Public Health may adopt any rules it deems necessary to implement the provisions. Effective immediately.

Creates the Rebuild Illinois Mental Health Workforce Act. Provides that the purpose of the Act is to preserve and expand access to Medicaid community mental health care in Illinois to prevent unnecessary hospitalizations and avoid the criminalization of mental health conditions. Establishes add-on payments for the following community mental health services to be paid beginning with State Fiscal Year 2023 and continuing for each State fiscal year thereafter: individual therapy services; community support-individual services; case management services; and assertive community treatment services. Requires monthly directed payments to community mental health providers of community support team services or assertive community treatment services. Provides that such directed payments shall be based on the number of Medicaid users, as defined, who receive services from the provider in the base year. Provides that the add-on payments established under the Act shall apply to Medicaid services provided by a contracted managed care organization or entity and services paid for directly by the Department of Healthcare and Family Services. Provides that no base Medicaid rate or Medicaid rate add-on payment or any other payment for the provision of Medicaid community mental health services in place on July 1, 2021 shall be diminished or changed to make the reimbursement changes required under the Act. Requires the Department to apply for federal approval to implement the Act. Provides that implementation of the add-on payments is conditioned on the receipt of federal financial participation for such payments. Effective immediately.

Amends the Illinois Insurance Code. Makes a technical change in a Section concerning the purpose of the Article regarding nonprofit risk organizations. House Floor Amendment No. 1 Deletes reference to: 215 ILCS 5/123D-1 Adds reference to: New Act 30 ILCS 105/5.970 new Replaces everything after the enacting clause. Creates the Prescription Drug Affordability Act. Defines terms. Establishes the Prescription Drug Affordability Board and provides that the Board's purpose is to protect State residents, State and local governments, commercial health plans, health care providers, pharmacies licensed in the State, and other stakeholders within the health care system from the high costs of prescription drug products. Contains other provisions about the Board, including: members of the Board; conflicts of interest; terms of members; the hiring of an executive director, general counsel, and staff for the Board; staff salary; meetings of the Board; and powers and duties of the Board. Creates the Prescription Drug Affordability Stakeholder Council with the purpose to provide stakeholder input to assist the Prescription Drug Affordability Board in making decisions as required under the Act. Contains other provisions about the Council, including: members of the Council; terms of members; and reimbursement of member travel expenses. Provides that the Board shall identify specified prescription drug products and determine whether each prescription drug product should be subject to a cost review. Provides that if the Board finds that spending on a prescription drug product has led or will lead to an affordability challenge, the Board shall establish an upper payment limit after considering: (i) the cost of administering the drug; (ii) the cost of delivering the drug to consumers; and (iii) other relevant administrative costs related to the drug. Includes provisions regarding remedies and an appeal process. Creates the Prescription Drug Affordability Fund to be used only to provide funding for the Board and for the purposes authorized under the Act. Provides that the Board shall submit a report to the General Assembly including specified information. Provides that the Board shall conduct a study of the operation of the generic drug market that includes specified information on or before June 1, 2023. Includes a provision on term expiration for Board and Council members. Makes conforming changes in the State Finance Act. Effective January 1, 2023.

Amends the School Code. Provides that a school district operating one or more high schools, a charter school, or a private secondary school shall not make or enforce a rule subjecting a high school student to disciplinary sanctions solely on the basis of conduct that is speech or other communication that, when engaged in outside of the campus, is protected from governmental restriction by the United States Constitution or the Illinois Constitution. Provides that a student who is enrolled in a school at the time that the school has made or enforced a rule that the student would be protected from may commence a civil action to obtain appropriate injunctive and declaratory relief as determined by the court. Provides that the new provisions do not apply to a private secondary school that is controlled by a religious organization to the extent that the application would not be consistent with the religious tenets of the organization. Provides that an employee shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a student engaged in conduct authorized under the new provisions, or refusing to infringe upon conduct that is protected.

Amends the Criminal Code of 2012. Prohibits the transfer, purchase, manufacture, importation, possession of unfinished frames or receivers and unserialized firearms. Provides a process for serializing unfinished frames or receivers and unserialized firearms. Provides that it is unlawful for a person to manufacture or distribute a firearm using a three-dimensional printer under specified circumstances. Provides that a first violation is a Class A misdemeanor and that a second or subsequent violation is a Class X felony.

Amends the Illinois Public Aid Code. Provides that it shall be a matter of State policy that the Department of Healthcare and Family Services shall set nursing facility rates by rule utilizing an evidenced-based methodology that rewards appropriate staffing, quality-of-life improvements for nursing facility residents, including the cessation of payments for rooms with 3 or more people residing in them by January 1, 2027, and the reduction of racial inequities and health disparities for nursing facility residents enrolled in Medicaid. Provides that the new nursing services reimbursement methodology taking effect January 1, 2022, upon federal approval, shall utilize the Patient Driven Payment Model (PDPM) (rather than the RUG-IV 48 grouper model). Sets the statewide base rate for dates of service on and after January 1, 2022 at $85.25. Requires the Department to establish, by rule, a multiplier based on information from the Payroll Based Journal. Provides that, beginning on and after January 1, 2022, the Department shall allocate funding, by rule, for per diem add-ons to the PDPM methodology for each resident with a diagnosis of Alzheimer's disease. Contains provisions concerning funds allocated for certain incentive payments to nursing facilities; emergency rules; payments to improve the quality of care delivered by nursing facilities; long-term care provider assessments; and other matters. Amends the Nurse Agency Licensing Act. Prohibits nurse agencies from entering into covenants not to compete with certified nurse aides. Amends the Illinois Administrative Procedure Act. Permits the Department of Healthcare and Family Services to adopt emergency rules. Effective immediately.

Amends the Illinois Public Aid Code. Provides that, beginning July 1, 2021, a family eligible for child care services whose income is at or below 185% of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for the applicable family size shall pay a $1 monthly fee as a co-payment for child care services. Deletes a provision that: (i) requires the Department of Human Services to establish, by rule, a co-payment scale that provides for cost sharing by families that receive child care services, including parents whose only income is from assistance under this Code; and (ii) that require co-payments to be based on family income and family size and other factors as appropriate. Removes a provision that authorizes the Department to raise parent co-payments. Effective immediately.

Amends the Bill of Rights for Children. Provides that every child reported to the Department of Children and Family Services or law enforcement to be a victim of sexual assault or sexual abuse whose case is accepted by either agency for investigation has the right to have that child's forensic interview conducted by a forensic interviewer from a children's advocacy center accredited according to the Children's Advocacy Center Act and serving the child's area, when such service is available. Amends the Rights of Crime Victims and Witnesses Act. Provides that the office of the State's Attorney shall consult with the crime victim regarding the State's Attorney's decision not to charge an offense and that the victim has the right to have an attorney, advocate, and other support person of the victim's choice attend this consultation with them. Provides that the office of the State's Attorney shall give the crime victim timely notice of any decision not to pursue charges and consider the safety of the victim when deciding how to give such notice. Grants a victim a private civil cause of action for injunctive, declaratory, or mandamus relief when certain officials or agencies willfully or wantonly violate a victim's right or rights and the officials or agencies do not correct their actions and afford the right or rights to the victim when given written notice and reasonable time to comply. Makes other changes.

Amends the Alzheimer's Disease and Related Dementias Services Act. Repeals provisions regarding the Act's repealer. Effective immediately.