Rep. Keith R. Wheeler

Amends the Evidence Article of the Code of Civil Procedure. Provides that "rape crisis organization" includes, but is not limited to, rape crisis centers certified by a statewide sexual assault coalition. House Committee Amendment No. 1 Changes the definition of "rape crisis organization" to mean any organization or association a major purpose of which (instead of "the major purpose of which") is providing information, counseling, and psychological support to victims of any or all of the crimes of aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual assault, sexual relations between siblings, criminal sexual abuse, and aggravated criminal sexual abuse.

Creates the Prior Authorization Reform Act. Provides requirements concerning disclosure and review of prior authorization requirements, denial of claims or coverage by a utilization review organization, and the implementation of prior authorization requirements or restrictions. Provides requirements concerning a utilization review organization's obligations with respect to prior authorizations in nonurgent circumstances, urgent health care services, and emergency health care services. Provides that a utilization review organization shall not require prior authorization under specified circumstances. Provides requirements concerning the length of prior authorizations. Provides that health care services are automatically deemed authorized if a utilization review organization fails to comply with the requirements of the Act. Provides that the Director of Insurance may impose an administrative fine not to exceed $250,000 for violations of the Act. Defines terms. Amends the Illinois Insurance Code to change the definition of "emergency medical condition". Amends the Managed Care Reform and Patient Rights Act to provide that companies that transact accident and health insurance shall comply with specified requirements of the Managed Care Reform and Patient Rights Act. Amends the Illinois Public Aid Code to provide that all managed care organizations shall comply with the requirements of the Prior Authorization Reform Act. Makes other changes. Effective January 1, 2022. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Changes references from "utilization review organization" to "health insurance issuer" or "health insurance issuer or its contracted utilization review organization". Provides that a health insurance issuer or its contracted utilization review organization must ensure that all adverse determinations are made by a physician when the request is by a physician or a representative of a physician. Provides that a health insurance issuer shall periodically review its prior authorization requirements and consider removal of prior authorization requirements in specified circumstances (rather than a utilization review organization shall not require prior authorization in specified circumstances). In provisions concerning length of prior authorization approval, provides that a prior authorization approval shall be valid for the lesser of 12 months after the date the health care professional or health care provider receives the prior authorization approval or the length of treatment as determined by the patient's health care professional. In provisions concerning clinical review criteria of prior authorization requirements, removes language that provides that a utilization review organization shall seek input from actively practicing physicians representing major areas of the specialty who are not employees of the utilization review organization or consultants to the utilization review organization before establishing or substantially or materially altering written clinical review criteria. Removes language that provides that a utilization review organization shall not deny prior authorization of a health care service solely based on the grounds that a health care professional or health care provider judges a service, product, or procedure is medically appropriate for his or her patient even if it has not been formally approved for the specific condition being treated. In provisions concerning statistics that shall be made available regarding prior authorization approvals and denials, removes specified categories of information. In provisions concerning requirements applicable to the physician who can review consultations and appeals, removes language that provides that the physician must not be employed by a utilization review organization, be under contract with the utilization review organization other than to participate in one or more of the utilization review organization's health care professional networks or to perform reviews of appeals, or otherwise have any financial interest in the outcome of the appeal. Makes other changes. Effective January 1, 2022. House Floor Amendment No. 2 Deletes reference to: 215 ILCS 134/65 Adds reference to: 215 ILCS 5/155.36 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: In the Prior Authorization Reform Act, deletes a Section concerning obligations with respect to prior authorization concerning emergency health care services, and makes changes in provisions governing applicability; definitions; disclosure and review of prior authorization requirements; obligations with respect to prior authorizations; personnel qualified to make adverse determinations of a prior authorization request; adverse determinations; review of appeals; denials; length of prior authorization approval; continuity of care; effect of failure to comply with the Act; and administration and enforcement. Makes further changes in the Illinois Insurance Code in a Section concerning obligations under the Managed Care Reform and Patient Rights Act. Deletes changes made to the Managed Care Reform and Patient Rights Act in a Section concerning emergency services prior to stabilization. Effective January 1, 2022.

Amends the Department of Innovation and Technology Act. Modifies provisions concerning the powers and duties of the Department of Innovation and Technology and its Secretary. Provides purpose provisions. Modifies definitions. Makes conforming and other changes in the Department of Innovation and Technology Act and the State Finance Act.

Amends the School Code. Makes changes concerning the adoption of rules by the State Board of Education governing time out and physical restraint in the public schools. Subject to appropriation, requires the State Board to create a grant program for school districts and special education cooperatives and charter schools to implement school-wide, culturally sensitive, and trauma-informed practices, positive behavioral interventions and supports, and restorative practices. Allows the State Board to contract with a third party to provide assistance with oversight and monitoring, and requires the State Board to establish reduction goals and a system of ongoing review, auditing, and monitoring. Makes changes in provisions concerning a school board's use of time out and physical restraint, including providing that isolated time out, time out, and physical restraint may be used only under certain circumstances, prohibiting the deprivation of necessities and prone, mechanical, and chemical restraint, and requiring a meeting with school personnel if requested by the parent or guardian, the provision of information to parents and guardians, and written procedures. Effective immediately. House Floor Amendment No. 2 Adds reference to: 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Provides that the State Board of Education shall adopt rules governing the use of isolated time, time out, and physical restraint in public schools and special education nonpublic facilities (rather than just in public schools). Provides that the State Board shall, by the adoption of emergency rules if it so chooses, create (rather than must create) a grant program for school districts, certain special education nonpublic facilities, and special education cooperatives (rather than for school districts and special education cooperatives and charter schools approved by the State Board). Makes changes concerning the prohibition against the use of prone restraint to allow prone restraint to be used when specified conditions are satisfied. Amends the Illinois Administrative Procedure Act to make a related change. Corrects grammatical errors. Effective immediately. Senate Floor Amendment No. 2 With respect to the grant program, requires the State Board of Education to prioritize grant funding to those school districts, special education nonpublic facilities, and special education cooperatives that submit a plan to achieve a significant reduction or elimination in the use of isolated time out and physical restraint in less than 3 years. In provisions allowing the use of prone restraint if certain conditions are satisfied, allows the use of prone restraint if the use of prone restraint occurs within the 2021- 2022 school year (rather than within the schools years of 2021-2022 and 2022-2023).

Amends the Renter's Financial Responsibility and Protection Act. Provides that a rental company may void a damage waiver for damage or loss to the rental vehicle if the rental vehicle is stolen and the renter fails to: (i) return the rental vehicle's ignition key and the key tag identifying the rental vehicle to the rental vehicle company; (ii) file a police report within the 24-hour period after discovery of the rental vehicle theft; and (iii) fully cooperate with the rental company, law enforcement agency, or any other authority in all matters connected to the investigation of the stolen rental vehicle.

Amends the Illinois Public Aid Code. Requires the Department of Human Services to adopt rules that permit recipients of benefits provided under the Supplemental Nutrition Assistance Program, the Women, Infant, and Children (WIC) program, and the Temporary Assistance for Needy Families program to use their benefits to purchase menstrual hygiene products. Requires the Department to apply for any waiver or State Plan amendment, if required, to implement the provisions of the amendatory Act. Provides that implementation shall be contingent on federal approval. House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. Provides that if the United States Department of Agriculture's Food and Nutrition Service creates and makes available to the states a waiver permitting recipients of benefits provided under the Supplemental Nutrition Assistance Program or the Special Supplemental Nutrition Program for Women, Infants, and Children to use their benefits to purchase diapers or menstrual hygiene products such as tampons, sanitary napkins, and feminine wipes, then the Department of Human Services shall apply for the waiver. Provides that if the United States Department of Agriculture approves the Department of Human Services' waiver application, then the Department of Human Services shall adopt rules and make other changes as necessary to implement the approved waiver.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall reimburse epilepsy specialists, as defined by the Department by rule, who are authorized by Illinois law to provide epilepsy treatment services to persons with epilepsy or related disorders via telehealth. Provides that the Department shall establish, by rule, a method to reimburse providers for epilepsy treatment services provided by telehealth. Effective immediately.

Amends the Children with Disabilities Article of the School Code. Provides that a student whose 22nd birthday occurs during the school year is eligible for special education services through the end of the school year (rather than being eligible for services only until the day before his or her 22nd birthday). Effective immediately.

Amends the Township Code. Provides that if the Secretary of State finds that any 2 or more townships within a single county (currently, 2 or more townships within the entire State) are named alike, he or she shall so inform the clerk of the county and the county board of that county shall, at its next meeting, adopt for one of the townships a different name. Effective immediately.

Amends the Civil Administrative Code of Illinois. Provides that, if the Department of Financial and Professional Regulation refuses to issue a license or certificate or grant registration to an applicant based upon a criminal conviction or convictions, the Department shall include in its notification to the applicant an explanation of how the conviction directly relates to and would prevent the person from effectively engaging in the position for which a license, registration, or certificate is sought. Provides that the Department shall post on its website a list of all State and federal licensing restrictions that would prohibit an applicant from working in a position for which a license is sought. In provisions concerning an annual report summarizing statistical information relating to new license, certification, or registration applications during the preceding calendar year, requires the Department to include the types of criminal convictions that contributed to the denial of a license, certificate, or registration. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following change: Provides that the Department of Financial and Professional Regulation shall post on its website a list of all State (rather than State and federal) licensing restrictions that would prohibit an applicant from working in a position for which a license is sought.