Rep. Joyce Mason

Amends the Illinois Insurance Code. Provides that every insurer that amends, delivers, issues, or renews a group or individual policy of accident and health insurance or a qualified health plan offered through the health insurance marketplace in the State and Medicaid managed care organizations providing coverage for hospital or medical treatment shall provide coverage for medically necessary treatment of mental, emotional, nervous, or substance use disorders or conditions. Provides that an insurer shall not limit benefits or coverage for medically necessary services on the basis that those services should be or could be covered by a public program. Provides that an insurer shall base any medical necessity determination or the utilization review criteria on current generally accepted standards of mental, emotional, nervous, or substance use disorder or condition care. Provides that in conducting utilization review of covered health care services and benefits for the diagnosis, prevention, and treatment of mental, emotional, and nervous disorders or conditions in children, adolescents, and adults, an insurer shall exclusively apply the criteria and guidelines set forth in the most recent versions of the treatment criteria developed by the nonprofit professional association for the relevant clinical specialty. Provides that an insurer shall not apply different, additional, conflicting, or more restrictive utilization review criteria than the criteria and guidelines set forth in the treatment criteria. Provides that the Director may, after appropriate notice and opportunity for hearing, assess a civil penalty between $5,000 and $20,000 for each violation. Amends the Health Carrier External Review Act. Provides that the independent review organization shall comply with specified requirements for an adverse determination or final adverse determination involving mental, emotional, nervous, or substance use disorders or conditions. Makes other changes. Effective immediately. House Floor Amendment No. 1 In provisions concerning mental and emotional disorders, provides that an insurer shall not set a specific limit on the duration of benefits or coverage of medically necessary treatment of mental, emotional, nervous, or substance use disorders or conditions or limit coverage only to alleviation of the insured's current symptoms. Provides that nothing shall require the insurer to cover a treatment when the authorization was granted based on a material misrepresentation by the insured, the policyholder, or the provider. Provides that an insurer may apply specified utilization review criteria to health care services and benefits for mental, emotional, and nervous disorders or conditions that are outside the scope of specified criteria and guidelines or relate to advancements in technology or types of care that are not covered in the most recent versions of specified sources. Provides that if the Director of Insurance determines that an insurer has violated the provisions, the Director may assess a civil penalty between $1,000 and $5,000 for each violation (rather than between $5,000 and $20,000). Removes language that provides that changes in terminology, organization, or classification of mental, emotional, nervous, substance use disorder or condition in future versions of specified publications shall not affect the conditions covered by provisions concerning mental and emotional disorders as long as a condition is commonly understood to be a mental, emotional, nervous, or substance use disorder or condition by health care providers practicing in relevant clinical specialties. Removes language that provides that an insurer shall not limit benefits or coverage for mental, emotional, nervous, or substance use disorders or conditions to short-term or acute treatment at any level of placement. Makes other changes. Changes the effective date to January 1, 2022 (rather than an immediate effective date). Senate Committee Amendment No. 1 Adds reference to: 215 ILCS 5/370c.1 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Provides that every insurer that amends, delivers, issues, or renews a group or individual policy of accident and health insurance or a qualified health plan offered through the health insurance marketplace in the State and Medicaid managed care organizations providing coverage for hospital or medical treatment shall provide coverage for medically necessary treatment of mental, emotional, nervous, or substance use disorders or conditions on or after January 1, 2023 (rather than January 1, 2022). Provides that an insurer or Medicaid managed care organization shall not be required to pay for services if the individual was not the insurer's enrollee or eligible for Medicaid at the time the service was rendered. Provides that an insurer shall not be required to cover benefits that have been authorized and provided for a covered person by a public entitlement program. Provides that for medical necessity determinations (rather than in conducting utilization review of covered health care services and benefits) relating to level of care placement, continued stay, and transfer or discharge of insureds diagnosed with mental, emotional, and nervous disorders or conditions, insurers and Medicaid managed care organizations shall apply specified patient placement criteria. Makes various changes to provisions concerning requirements for insurers regarding education of the insurer's staff and other stakeholders, publishing of utilization review criteria, and documentation of interrater reliability testing and remediation actions. Further amends the Illinois Insurance Code. In provisions concerning mental, emotional, nervous, or substance use disorder or condition parity, provides that not later than January 1 (rather than August 1) of each year, the Department of Insurance shall issue a joint report to the General Assembly and provide an educational presentation to the General Assembly. Removes language that provides that insurers shall base the duration of treatment on the insured's individual needs; that an insurer shall only engage applicable qualified providers in the treatment of mental, emotional, nervous, or substance use disorders or conditions or the appropriate subspecialty and who possess an active professional license or certificate to review, approve, or deny services; and that every insurer shall sponsor a formal education program by nonprofit clinical specialty associations. Makes other changes. Effective January 1, 2022, except that specified provisions take effect immediately.

Creates the Preventing Youth Vaping Act. Provides that it is unlawful for a person to sell or distribute specified electronic cigarettes and electronic cigarette packaging. Contains advertising and manufacturing requirements. Provides civil and criminal penalties. Provides that the Department of Agriculture, Department of Revenue, Department of Public Health, and Illinois State Police shall have equal and joint authority to administer and enforce the Act, may adopt rules, and may inspect any business that manufactures, transports, or distributes electronic cigarettes to ensure compliance with the Act. Amends the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Removes language providing that an "electronic cigarette" does not include a tobacco product and that a "tobacco product" does not include an electronic cigarette. Provides prohibitions regarding the sale of electronic cigarettes and allows specified peace officers to seize any tobacco products or electronic cigarettes involved in a specified violation. Makes other changes. Amends the Prevention of Cigarette Sales to Persons under 21 Years of Age Act. Changes the Act's title to the Prevention of Cigarette and Electronic Cigarette Sales to Persons under 21 Years of Age Act. Defines "electronic cigarette" and refers to electronic cigarettes in conjunction with cigarettes. Makes other changes. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 720 ILCS 678/9 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. In provisions of the Preventing Youth Vaping Act regarding prohibitions, removes language providing that it is unlawful to sell in any one transaction more than 2 electronic cigarettes, 4 prepackaged cartridges of electronic cigarette solution, or 100 milliliters of electronic cigarette solution to a consumer. Provides that "electronic cigarette" does not include any device that meets the definition of cannabis paraphernalia under the Cannabis Regulation and Tax Act. Provides that electronic cigarettes first sold prior to August 8, 2016 and for which a premarket tobacco product application was submitted to the U.S. Food and Drug Administration by September 9, 2020 shall not be deemed to be in violation of specified provisions. Removes language requiring manufacturers to annually submit specified reports and lists of ingredients to the Attorney General. In provisions amending the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, provides that no person shall honor or accept any discount, coupon, or other benefit or reduction in price that is inconsistent with specified provisions, subsequent United States Food and Drug Administration industry guidance, or any rules adopted under the specified federal provisions (instead of specified prohibitions). Makes other changes. In provisions amending the Prevention of Cigarette Sales to Persons under 21 Years of Age Act, removes changes to provisions concerning statements for delivery sales. Makes other changes. Effective immediately. House Floor Amendment No. 3 In provisions creating the Preventing Youth Vaping Act, provides that the Department of Revenue may adopt rules that are reasonable, necessary, and related to the administration and enforcement of the provisions of the Act (rather than providing that the Department of Agriculture, the Department of Revenue, the Department of Public Health, and the Illinois State Police shall have equal and joint authority to administer and enforce the Act and may adopt rules for the purpose of administering and enforcing the Act). Provides that the Department of Revenue, the Department of Public Health, a local public health department, the Department of Human Services, the Illinois State Police, a county sheriff, and a municipal police department (rather than the Department of Agriculture, Department of Revenue, Department of Public Health, and Illinois State Police) may inspect any business that sells, manufactures, transports, or distributes electronic cigarettes in the State to ensure compliance with the Act. Requires any violation of the Act to be reported to the Department of Revenue within 7 business days. In provisions amending the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, removes language providing that no person under 21 years of age shall buy any tobacco product, electronic cigarette, or alternative nicotine product. Provides that any peace officer or duly authorized member of the Illinois State Police, a county sheriff's department, a municipal police department, the Department of Revenue, the Department of Public Health, a local health department, or the Department of Human Services (rather than any peace officer or duly authorized member of the Department of Revenue or the Department of Public Health) may seize specified products. Provides that after the Department of Revenue has seized any tobacco product, nicotine product, or electronic cigarette under the amendatory provisions and a person having any property interest in the seized property has not been charged with an offense under specified provisions, the Department of Revenue must hold a hearing and determine specified information. Removes language providing an immediate effective date. Makes other changes.

Amends the Substance Use Disorder Act. Permits the Department of Human Services to conduct compliance checks of tobacco and vape retailers to investigate whether such retailers are selling tobacco products, electronic nicotine products, alternative nicotine products, or e-cigarettes to persons under 21 years of age in violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Provides that the Department may expand the use of existing tobacco compliance check programs to include vape shops. Provides that compliance checks may be conducted by underage individuals under the supervision of local law enforcement. Provides that underage individuals who purchase tobacco products, electronic nicotine devices, alternative nicotine products, or e-cigarettes while conducting supervised compliance checks shall not be in violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Senate Floor Amendment No. 1 Provides that compliance checks may be conducted by underage individuals under the supervision of the Illinois State Police. Requires the Illinois State Police to communicate with local police departments and sheriff departments to ensure coordination and collaboration and to ensure its efforts do not duplicate any local compliance check activities. House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Substance Use Disorder Act. Permits the Department of Human Services to conduct compliance checks of retailers as defined in the Tobacco Products Tax Act of 1995 to investigate whether such retailers are selling tobacco products, alternative nicotine products, or e-cigarettes to persons under 21 years of age in violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Provides that compliance checks may be conducted by underage individuals under the supervision of local law enforcement and the Illinois State Police. Provides that underage individuals who purchase tobacco products, alternative nicotine products, or e-cigarettes while conducting supervised compliance checks shall not be in violation of any local or State laws pertaining to underage tobacco purchase or possession.

Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Requires the Department of Transportation to establish and implement a transportation performance program for all transportation facilities under its jurisdiction. Provides that the Department shall develop a risk-based, statewide highway system asset management plan to preserve and improve the conditions of highway and bridge assets and enhance the performance of the system while minimizing life-cycle cost. Provides that the asset management plan shall include, at a minimum, strategies leading to a program of projects that would make progress toward achievement of targets for asset condition and performance of the State highway system. Provides that the asset management plan shall be made publicly available on the Department's website. Provides that the Department shall develop a needs-based asset management plan for State-supported public transportation assets, including vehicles, facilities, equipment, and other infrastructure. Limits the plan to certain transit services. Provides that the Department shall develop a performance-based project selection process to prioritize taxpayer investment in transportation assets that go above and beyond maintaining the existing system in a state of good repair and to evaluate projects that add capacity. Adds various requirements regarding the new asset management plan and performance-based programming. Effective immediately. House Floor Amendment No. 1 Adds reference to: 70 ILCS 3615/2.39 new Replaces everything after the enacting clause. Amends the Department of Transportation Law of the Civil Administrative Code. Requires the Department of Transportation to develop and publish a statewide multi-modal transportation improvement program for all transportation facilities under its jurisdiction and outlines the methods for developing the program. Requires the Department to develop a needs-based transit asset management plan for State-supported public transportation assets and make the plan publicly available on the Department's website. Requires the Department to develop a performance-based project selection process to prioritize taxpayer investment in State-owned transportation assets that add capacity, with input from specified stakeholders. Requires a summary of the project evaluation process, measures, program, and scores for all candidate projects to be published on the Department website in a timely manner. Amends the Regional Transportation Authority Act. Requires the Regional Transportation Authority to develop a transparent prioritization process for Northeastern Illinois transit projects receiving State capital funding. Requires a summary of the project evaluation process, measures, program, and scores or prioritization criteria for all candidate projects to be published on the Authority's website in a timely manner. Provides that, starting April 1, 2022, no project shall be included in the 5-year capital program, or amendments to that program, without being evaluated under the selection process. Effective immediately.

Amends the Illinois Domestic Violence Act of 1986. Provides that the Supreme Court may implement a program to issue a Hope Card to the petitioner of a plenary order of protection for the petitioner to distribute to any individual who may need to be aware of the order. Adds provisions concerning the design and details of a Hope Card. Provides that a Hope Card shall have the same effect as the underlying plenary order of protection. Provides that the program may provide for the issuance of a temporary Hope Card at the time of the entry of the plenary order of protection. Provides that the first Hope Card shall be free, and the Supreme Court may establish a fee for any additional Hope Card, not to exceed $7 per Hope Card. Makes a corresponding change. House Committee Amendment No. 1 Provides that the Supreme Court shall (rather than may) implement a program to issue a Hope Card to the petitioner of a plenary order of protection. Provides that 3 three Hope Cards per protected party (rather than the first Hope Card) issued shall be free. Allows the Supreme Court to establish a fee for any additional Hope Card, not to exceed $5 (rather than $7) per Hope Card. House Floor Amendment No. 2 Replaces everything after the enacting clause with the contents of the introduced bill and House Amendment No. 1, but provides that the Supreme Court may (rather than shall) implement a program to issue a Hope Card to the petitioner of a plenary order of protection.

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a violation of the federal Eliminating Kickbacks in Recovery Act of 2018 constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends a provision of the Consumer Fraud and Deceptive Business Practices Act concerning the deceptive marketing, advertising, and sale of mental health disorder and substance use disorder treatment. Provides that it is an unlawful practice for any person to solicit, offer, or enter into an arrangement under which a patient seeking mental health disorder or substance use disorder treatment is referred to a mental health disorder or substance use disorder treatment program or facility in exchange for a fee or any other remuneration. Provides that it is not an unlawful practice for programs and facilities to enter into personal services agreements or management services agreements with third parties that do not take into account the volume or value of referrals. Provides that it is not an unlawful practice for programs or facilities to provide discounts for treatment services to clients as long as the discount is based on financial necessity in accordance with the program's or facility's charity care plan, regardless of referral source or reason. Provides that compensation paid by programs or facilities to their employees and independent contractors related to identifying, locating, and securing referrals to that program or facility is not an unlawful practice if the amount of compensation provided to the employee or independent contractor does not vary based upon the volume or value of such referrals. Effective immediately.

Creates the Illinois Amateur Sports Commission Act. Provides that the purpose of the Commission is to research, study, and to make recommendations to the Governor and the General Assembly about the promotion, development, expansion, and fostering of amateur sports, amateur sports programs, and amateur sporting events throughout the State. Sets forth the areas of study that the Commission must examine. Sets forth the membership of the Commission. Contains provisions concerning meetings and reporting. Effective immediately. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Changes the name of the Illinois Amateur Sports Commission to the Illinois Commission on Amateur Sports. Provides that the purpose of the Commission includes making recommendations to the Governor, the General Assembly, and the Department of Commerce and Economic Opportunity about the promotion, development, expansion, hosting, and fostering of amateur sports, amateur sports programs, and amateur sporting events and tournaments throughout the State. Provides that the recommendations reported by the Commission shall include, among other objectives, to support and encourage the development of sports tourism. Expands the membership of the Commission to include a representative of the Illinois Council of Convention and Visitor Bureaus or any other similar State-certified entity. Makes conforming changes. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by House Amendment No. 1 with changes. Provides that the Commission shall meet initially within 90 days (rather than 30 days) after the effective date of the Act. Provides that the Commission is dissolved and the Act is repealed on January 1, 2026.

Amends the Dual Credit Quality Act. Provides that a community college district shall, upon the request of a school district within the jurisdiction of the community college district, enter into a partnership agreement with the school district to offer dual credit courses for students with intellectual disabilities. Provides that courses shall include, if appropriate, support outlined in the student's individualized education program and support provided under a significantly modified curriculum. Provides that within one year after the effective date of the amendatory Act, every community college district in this State shall create a plan outlining a partnership agreement with a school district to offer dual credit courses for students with intellectual disabilities; requires the plan to be updated every 3 years thereafter. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Dual Credit Quality Act. Within one year after the effective date of the amendatory Act, requires each community college district to develop a plan to offer dual credit courses to high school students with disabilities enrolled in school districts located within the jurisdiction of the community college district who have an individualized education program under the Children with Disabilities Article of the School Code and who do not otherwise meet the academic criteria for dual credit course eligibility pursuant to the Act. Sets forth requirements concerning the plan. Effective immediately. House Floor Amendment No. 2 Adds reference to: 105 ILCS 5/14-8.03 from Ch. 122, par. 14-8.03 110 ILCS 27/16 110 ILCS 805/3-29.14 new Replaces everything after the enacting clause. Amends the Children with Disabilities Article of the School Code in provisions concerning transition services. Makes changes relating to the definition of terms. Provides that, as a component of transition planning, a school district shall provide a student with information about the school district's career and technical education (CTE) opportunities and postsecondary CTE opportunities; sets forth what the CTE information must include. Provides that a student in high school with an individualized education program may enroll in the school district's CTE program at any time if participation in a CTE program is consistent with the student's transition goals. Makes changes concerning the participants in the transition planning process. Amends the Dual Credit Quality Act. Requires a high school and community college partnership agreement to include the collaborative process and criteria by which a school district and a community college district shall work to ensure that individual students with disabilities have access to dual credit courses, provided that those students are able to meet the criteria for entry into a dual credit course; sets forth other requirements. Amends the Public Community College Act. Requires each community college district to provide access to higher education for students with disabilities. Encourages each community college to offer for-credit and non-credit courses as deemed appropriate for the individual student based on the student's abilities, interests, and postsecondary transition goals, with the appropriate individualized supplementary aids and accommodations. Strongly encourages each community college to have its disability services coordinator or the coordinator's representative participate either in person or remotely in meetings held by high schools within the community college district to provide information to the student's individualized education program team about the community college and the availability of courses and programs at the community college. Effective immediately.

Amends the Illinois Insurance Code to require a group policy of accident and health insurance that is amended, delivered, issued, or renewed on or after January 1, 2022 to provide coverage for a colonoscopy that is a follow-up exam based on an initial screen where the colonoscopy was determined to be medically necessary by a physician licensed to practice medicine in all its branches, an advanced practice registered nurse, or a physician assistant. Provides that a group insurance policy shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on colonoscopy coverage, except to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account under the Internal Revenue Code. Makes conforming changes in the Counties Code, the Illinois Municipal Code, and the Health Maintenance Organization Act. Effective January 1, 2022.

Amends the Children and Family Services Act. Provides that no youth in care shall be required to store his or her belongings in plastic bags or in similar forms of disposable containers, including, but not limited to, trash bags, paper or plastic shopping bags, or pillow cases when relocating from one placement type to another placement type or when discharged from the custody or guardianship of the Department of Children and Family Services. Requires the Department and all purchase of service agencies under contract with the Department to ensure that each youth in care has appropriate baggage and other items to store his or her belongings when moving through the State's child welfare system. Senate Committee Amendment No. 1 Removes language requiring all purchase of service agencies under contract with the Department of Children and Family Services to ensure that each youth in care has appropriate baggage and other items to store his or her belongings when moving through the State's child welfare system.