Rep. Bob Morgan

Amends the Illinois TRUST Act. Modifies the definitions of "immigration detainer" and "non-judicial immigration warrant" for purposes of the Act. Effective immediately. Senate Floor Amendment No. 1 Adds reference to: 5 ILCS 805/5 5 ILCS 805/15 5 ILCS 805/25 new 5 ILCS 805/30 new 5 ILCS 825/10 5 ILCS 825/11 new 5 ILCS 825/20 new 5 ILCS 825/25 new 5 ILCS 825/30 new Replaces everything after the enacting clause. Creates the Illinois Way Forward Act. Amends the Illinois TRUST Act. In a provision concerning prohibition on enforcing federal civil immigration laws, provides that a law enforcement agency or law enforcement official may not inquire about or investigate the citizenship or immigration status or place of birth of any individual in the agency or official's custody or who has otherwise been stopped or detained by the agency or official. Provides that a certain provision shall not be construed to limit the ability of a law enforcement agency or law enforcement official to notify a person in the law enforcement agency's custody about that person's right to communicate with consular officers from that person's country of nationality, or facilitate such communication, in accordance with the Vienna Convention on Consular Relations or other bilateral agreements. Provides that a specified provision shall not be construed to limit the ability of law enforcement agencies or officials to request evidence of citizenship or immigration status for specified purposes. Provides that unless otherwise limited by federal law, a law enforcement agency or law enforcement official may not deny services, benefits, privileges, or opportunities to an individual in custody or under probation status, including but not limited to eligibility or placement in a lower custody classification, educational, rehabilitative, or diversionary programs, on the basis of the individual's citizenship or immigration status, the issuance of an immigration detainer or civil immigration warrant against the individual, or the individual being in immigration removal proceedings. Provides that unless presented with a federal criminal warrant, or otherwise required by federal law, a law enforcement agency or official may not perform specified actions. Provides that law enforcement agencies shall submit a report annually to the Attorney General to ensure compliance with the Illinois TRUST Act. Provides that the Attorney General has enforcement powers to ensure compliance with the Illinois TRUST Act. Amends the Voices of Immigrant Communities Empowering Survivors (VOICES) Act. Makes similar changes. Provides for training officials to ensure compliance with this Act. Makes other changes. Defines terms. Contains a severability provision. Effective immediately. Senate Floor Amendment No. 2 Further amends the Illinois TRUST Act. In a provision concerning legislative purpose, provides that the changes made to the definitions of immigration detainer and civil immigration warrant (formerly "non-judicial immigration warrant") by a specified provision of this amendatory Act of the 102nd General Assembly are declarative of existing law. Provides that nothing in this Act shall prevent a law enforcement officer from contacting another law enforcement agency for the purposes of clarifying or confirming the civil or criminal nature of notifications or other records provided by the National Crime Information Center, or the Law Enforcement Agencies Data Administrative System. Adds to definitions of "law enforcement official" and "immigration detainer". Deletes the definition of "non-judicial immigration warrant". Defines "citizenship or immigration status", "civil immigration warrant", "contact information", and "immigration agent".

Amends the Illinois Insurance Code to provide that an individual or group health care service plan contract that is issued, amended, delivered, or renewed on or after January 1, 2022 shall not require prior authorization for biomarker testing for an insured with advanced or metastatic stage 3 or 4 cancer, nor shall prior authorization be required for biomarker testing of cancer progression or recurrence in the insured with advanced or metastatic stage 3 or 4 cancer. Defines "biomarker testing". House Committee Amendment No. 1 Adds reference to: 5 ILCS 375/6.11 55 ILCS 5/5-1069.3 65 ILCS 5/10-4-2.3 105 ILCS 5/10-22.3f 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 215 ILCS 130/4003 from Ch. 73, par. 1504-3 215 ILCS 165/10 from Ch. 32, par. 604 305 ILCS 5/5-16.8 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or managed care plan amended, delivered, issued, or renewed on or after January 1, 2022 shall include coverage for biomarker testing. Provides that biomarker testing shall be covered and conducted in an efficient manner to provide the most complete range of results to the patient's health care provider without requiring multiple biopsies, biospecimen samples, or other delays or disruptions in patient care. Provides that biomarker testing must be covered for the purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee's disease or condition when the test is supported by medical and scientific evidence. Provides that when coverage of biomarker testing for the purpose of diagnosis, treatment, or ongoing monitoring of any medical condition is restricted for use by health insurers, nonprofit health service plans, or health maintenance organizations, the patient and prescribing practitioner shall have access to a clear, readily accessible, and convenient processes to request an exception, and the process shall be made readily accessible on the insurer's website. Defines "biomarker" and "biomarker testing". Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Illinois Public Aid Code.

Amends the Illinois Insurance Code. Adds provisions concerning making diligent efforts to procure surplus line insurance contracts through authorized insurers, including for master policy insurance contracts and program business. Makes changes to provisions concerning reports on surplus line insurance and fire insurance that must be filed by licensed surplus line producers with the Director of Insurance. Changes the date by which a surplus line producer shall file a report on all fire insurance procured from unauthorized insurers and submitted to the Surplus Line Association of Illinois to February 1 (rather than March 31) of each year. Adds provisions concerning submission and recording of premium-bearing endorsements. Provides that an individual officer or partner must be a licensed surplus line producer to represent a member of the Surplus Line Association of Illinois in the exercise of association affairs. Makes other changes. Defines terms. Effective January 1, 2022. Senate Committee Amendment No. 1 Adds reference to: 215 ILCS 5/412 from Ch. 73, par. 1024 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Removes language allowing surplus line producers to be part of a firm membership of the Surplus Line Association of Illinois as a condition of their holding licenses as surplus line producers. Removes changes to provisions allowing members employed by the same or affiliated employers to delegate an individual officer or partner to represent the member in the exercise of Association affairs. Further amends the Illinois Insurance Code. In provisions concerning refunds, penalties, and collection, provides that whenever it appears to the satisfaction of the Director of Insurance that the circumstances of a late filing warrant a reduction or waiver of specified fees or penalties, the fees or penalties may be reduced or waived at the discretion of the Director. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 215 ILCS 5/445.2 215 ILCS 5/445.3 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. In provisions concerning surplus line insurance, provides that diligent efforts to procure surplus line insurance contracts from authorized insurers shall include all variable provisions of the master policy. Provides that whenever it appears to the satisfaction of the Director that a surplus line producer has made a documented good faith determination of the home state (rather than when a surplus line producer has made a documented good faith determination of the home state) for a surplus line insurance contract and has paid the surplus line taxes to a state other than Illinois, and the Director determines (rather than if the Director determines) that the producer's good faith determination was incorrect and the home state is Illinois, the surplus line producer may, at the discretion of the Director, be required to submit the contract to the Surplus Line Association of Illinois and pay applicable taxes and recording fees, but there shall be no penalty, interest, or late fee assessed. Removes language that provides that if no insurance was procured from unauthorized insurers and submitted to the Surplus Line Association of Illinois, no report concerning surplus line insurance procured from unauthorized insurers shall be required. Removes language that provides that if no fire insurance subject to a fire marshal tax was procured from unauthorized insurers and submitted to the Surplus Line Association of Illinois, no report concerning fire insurance procured from unauthorized insurers shall be required. Removes changes to provisions concerning the Board of Directors of the Association and the Plan of Operation of the Association. Makes other changes. Effective January 1, 2022.

Amends the Code of Civil Procedure. In a Section concerning the examination of health care records, provides that "health care practitioner" includes any therapist or counselor. Deletes language requiring a health care facility or health care practitioner to provide without charge one complete copy of a patient's records if the patient is an indigent homeless veteran in order to facilitate the person's application for federal veterans' disability benefits. Provides instead that complete copies of a patient's records shall be provided to the patient or other person authorized by the patient for the purpose of supporting a claim for: (1) federal veterans' disability benefits; or (2) federal Social Security or Supplemental Security Income benefits, or both, under any title of the Social Security Act. House Committee Amendment No. 1 Provides that "health care practitioner" also includes any registered nurse or licensed practical nurse. House Floor Amendment No. 3 Provides that a health care facility or health care practitioner shall provide one complete copy (rather than complete copies) of a patient's record. Provides that an authorized representative shall provide documentation of authority to act for the patient. Provides that records may be released to a requester authorized by statute if the patient is deceased. Provides that the records may be provided for the purposes of supporting a claim for Aid to the Aged, Blind, or Disabled benefits. Provides that, upon request, and if the records are for at least one of the approved purposes, the requester may obtain updated medical records not included in the original medical record free of charge if the request is accompanied by a valid authorization for the release of records signed by the patient, the patient's legally authorized representative who has provided documentation of authority to act for the patient, or such other requester as is authorized by statute if the patient is deceased.

Amends the Business Corporation Act of 1983. Provides that public corporations must report the self-identified sexual orientation and self-identified gender identity of its directors. Effective January 1, 2022.

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 Illinois Insurance Code. Provides that coverage for the diagnosis and treatment of infertility shall be provided without discrimination on the basis of age, ancestry, color, disability, domestic partner status, gender, gender expression, gender identity, genetic information, marital status, national origin, race, religion, sex, or sexual orientation. Removes provisions stating that "infertility" means the inability to conceive after one year of unprotected sexual intercourse or the inability to sustain a successful pregnancy. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that a policy, contract, or certificate may not impose any exclusions, limitations, or other restrictions on coverage of fertility medications that are different from those imposed on any other prescription medications, nor may it impose any exclusions, limitations, or other restrictions on coverage of any fertility services based on a covered individual's participation in fertility services provided by or to a third party, nor may it impose deductibles, copayments, coinsurance, benefit maximums, waiting periods, or any other limitations on coverage for the diagnosis of infertility, treatment for infertility, and standard fertility preservation services, except as provided in the Section, that are different from those imposed upon benefits for services not related to infertility. Changes the definition of "infertility" to mean a disease, condition, or status characterized by: a failure to establish a pregnancy or to carry a pregnancy to live birth after 12 months of regular, unprotected sexual intercourse if the woman is 35 years of age or younger, or after 6 months of regular, unprotected sexual intercourse if the woman is over 35 years of age; a person's inability to reproduce either as a single individual or with a partner without medical intervention; or a licensed physician's findings based on a patient's medical, sexual, and reproductive history, age, physical findings, or diagnostic testing.

Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Provides that each State building constructed, acquired, or of which more than 50% of the façade is substantially altered shall meet specified standards concerning bird safety. Provides requirements for the Director of Central Management Services in implementing the standards. Specifies that the provisions shall not apply to any acquisition or substantial alteration if the Director, after consideration of multiple options, determines that the use of the required building materials and design features would result in a significant additional cost for the project. Exempts specified buildings from the requirements. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Provides that any construction which may be required as a result of the bird-safe buildings requirements shall be under the authority of the Capital Development Board in consultation with the Department of Central Management Services. Provides that the requirements shall only apply to State buildings under the management or control of the Department, but does not include buildings leased by the Department. Provides that the requirements shall not apply to any project in the design or construction phase as of the effective date of the provisions. Removes the Lincoln Home in Springfield, Illinois, and its related buildings and grounds from the list of entities for which the bird-safe building requirements do not apply. Makes conforming changes.

Amends the Counties Code. Provides that a restrictive covenant modification to an unlawful restrictive covenant may be filed by: (1) the holder of an ownership interest in property that is subject to the unlawful restrictive covenant; or (2) a common interest community association, a condominium association, a unit owners' association, or a master association of a parcel of property subject to the association's declaration and the parcel is subject to an unlawful restrictive covenant. Includes requirements for a restrictive covenant modification and the petition to modify. Provides that, on receipt of a restrictive covenant modification, the recorder shall submit the restrictive covenant modification together with a copy of the original instrument referenced in the restrictive covenant modification to the State's Attorney. Once submitted to the State's Attorney, the State's Attorney shall make a determination within 30 days if the original document contains an unlawful restrictive covenant. Provides that the recorder may not record the modification unless the State's Attorney determines an unlawful restrictive covenant exists and shall record the modification if the State's Attorney finds an unlawful restrictive covenant. Limits liability of the county for unauthorized modifications. Defines terms. Contains other provisions. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: modifies the type of association or cooperative that may execute and file a restrictive covenant modification; provides that, when a parcel of property subject to an unlawful restrictive covenant is in a common interest community association, condominium association, unit owners' association, residential housing cooperative, or master association, only the board, acting through a majority vote, may execute and file a restrictive covenant modification under the Section; provides that removal of an unlawful restrictive covenant will not require approval of the owners or members of such association or cooperative, notwithstanding any provision of the governing documents to the contrary; provides that, if the board receives a written request by an owner or member of the association or cooperative that the board exercise its authority to execute and file a restrictive covenant modification under the Section, the board shall, within 90 days, investigate any claim of an unlawful restrictive covenant and, if determined to be an unlawful restrictive covenant, shall file a restrictive covenant modification as provided under the Section; provides for a cause of action against the association or cooperative by an owner or member for failure to file a restrictive covenant modification after a request to do so and for attorneys' fees and costs if the owner or member prevails; and requires the board to give notice and a copy of the of the restrictive covenant modification to owners and members. Provides that the recorder may impose a fee for filing a restrictive covenant modification to an unlawful restrictive covenant in an amount not to exceed $10.

Amends the Illinois Insurance Code. Includes the delivery of covered health care services by way of telephone usage in the definition of "telehealth services". Provides that health care services that are covered under an individual or group policy of accident or health insurance must be covered when delivered via telehealth services when clinically appropriate, subject to specified conditions (rather than requiring an individual or group policy of accident or health insurance to comply with specified conditions if it provides coverage for telehealth services). Provides that patient cost-sharing may be no more than if the health care service were delivered in person. Provides that no excepted benefit policy may deny or reduce any benefit to a patient based on the use of clinically appropriate telehealth services in the course of satisfying the policy's benefit criteria. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. In provisions concerning health care services that are covered under an individual or group policy of accident and health insurance that must be covered when delivered via telehealth services when clinically appropriate, provides that reimbursement to a health care provider for telehealth services for behavioral health services provided through an interactive telecommunications system shall be made on the same basis, in the same manner, and at the same rate as would be applied for the same services if they had been delivered in-person and shall include reasonable compensation to a facility that serves as the originating site at the time a telehealth service is rendered. Provides that with respect to telehealth benefits provided in an individual or group policy of accident or health insurance, insurers may not (rather than an individual or group policy of accident or health insurance may not) require patients to use a separate panel of health care providers to receive telehealth service coverage and reimbursement; create geographic or facility restrictions or requirements for telehealth services; require patients or health care providers to prove a hardship or access barrier before the approval of telehealth services for coverage or reimbursement; negotiate different contract rates for telehealth services and in-person services for behavioral health services; or impose upon telehealth services utilization review requirements that are unnecessary, duplicative, or unwarranted or impose any treatment limitations, prior authorization, documentation, or recordkeeping requirements that are more stringent than the requirements applicable to the same health care service when rendered in-person. Provides that health care providers 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. Defines terms. House Floor Amendment No. 2 Adds reference to: 215 ILCS 5/356z.43 new 225 ILCS 150/5 225 ILCS 150/15 325 ILCS 20/3 from Ch. 23, par. 4153 325 ILCS 20/3b new 325 ILCS 20/11 from Ch. 23, par. 4161 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that a health insurer shall reimburse a network provider for behavioral health services delivered through telehealth on at least the same basis and at the same rate as if delivered in-person. Provides that a health insurer may establish reasonable requirements and parameters for telehealth services. Further amends the Illinois Insurance Code. Creates the Telehealth Payment Parity Task Force to review and study the use of telehealth services in the State with respect to payment and reimbursement parity for health care providers providing such services. Sets forth provisions concerning election of a chairperson, compensation, and appointments of members of the Telehealth Payment Parity Task Force. Provides that the task force shall submit its findings and recommendations to the Governor and General Assembly by December 31, 2021. Provides that the task force is dissolved on January 1, 2023. Amends the Telehealth Act. In provisions concerning use of telehealth, provides that services provided by telehealth shall be consistent with all federal and State privacy, security, and confidentiality laws. Provides that health care professionals shall determine the appropriateness of specific sites, technology platforms, and technology vendors for a telehealth service, as long as delivered services adhere to specified privacy laws. Provides that health care professionals shall maintain documentation and recordkeeping in accordance with specified provisions of the Illinois Administrative Code. Amends the Early Intervention Services System Act. Permits an early intervention provider to deliver via telehealth any type of early intervention services authorized under the Act to the extent of his or her scope of practice as established in his or her respective licensing Act consistent with the standards of care for in-person services. Requires parents to be informed of the availability of early intervention services provided through telehealth. Provides that parents shall make the final decision as to whether accepted early intervention services are delivered in person or via telehealth. Defines terms. Makes other changes. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 215 ILCS 5/356z.43 new Adds reference to: 5 ILCS 100/5-45.8 new 225 ILCS 150/10 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Provides that an individual or group policy of accident or health insurance that is amended, delivered, issued, or renewed on or after the effective date of the amendatory Act shall cover telehealth services, e-visits, and virtual check-ins rendered by a health care professional when clinically appropriate and medically necessary to insureds, enrollees, and members in the same manner as any other benefits covered under the policy. Provides that an individual or group policy of accident or health insurance may provide reimbursement to a facility that serves as the originating site at the time a telehealth service is rendered. Sets forth provisions with which coverage for telehealth services shall comply. Provides that an individual or group policy of accident or health insurance shall notify health care professionals and facilities of any instructions necessary to facilitate billing for telehealth services, e-visits, and virtual check-ins. Provides that the Department of Insurance and the Department of Public Health shall commission a report to the General Assembly and shall submit the report by December 31, 2026. Provides that the Department of Insurance may adopt rules to implement the provisions. Provides that specified provisions are inoperative on and after January 1, 2028. Removes provisions concerning the Telehealth Payment Parity Task Force. Defines terms. Further amends the Telehealth Act. Changes a reference to "telehealth" to "telehealth services." Removes language that provides that health care professionals shall maintain documentation and recordkeeping in accordance with specified provisions of the Illinois Administrative Code. Defines terms. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Makes other changes. Effective immediately.