Rep. Joyce Mason

Amends the School Code and the Illinois School Student Records Act. In provisions concerning the suspension or expulsion of a pupil, adds references to guardians (rather than just parents). Provides that a student may disclose mitigating factors, such as the student's status as a parent, expectant parent, or victim of domestic or sexual violence, in suspension or expulsion hearings. Provides that home instruction or correspondence courses must be made available to students who are unable to attend school because of pregnancy-related conditions, parenting obligations related to the health of a child, or health and safety concerns arising from domestic or sexual violence. Includes attendance at a medical or therapeutic appointment and appointments with a victim services provider as a valid cause for absence from school. Adds provisions to the Code concerning children and students who are parents, expectant parents, or victims of domestic or sexual violence, the purpose of which is to ensure that Illinois schools have policies, procedures, and protocols in place that ensure children and students who are parents, expectant parents, or victims of domestic or sexual violence are identified by schools in a manner respectful of their privacy and safety, treated with dignity and regard, and provided the protection, instruction, and related accommodations and services necessary to enable them to meet State educational standards and successfully attain a school diploma. Makes changes to the Chicago School District Article of the School Code concerning the transfer of students. Amends the State Mandates Act to require implementation without reimbursement. Makes other changes. Effective July 1, 2022. House Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/26A-55 new Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Provides that the complainant and respondent and any named perpetrator directly impacted by the results of the complaint resolution procedure are entitled to simultaneous written notification of the results of the complaint resolution procedure within 10 business days (instead of 7 calendar days) after a decision or sooner if required by State or federal law or district policy. Provides that the complainant and respondent and any perpetrators directly impacted by the results of the complaint resolution procedure must receive the appeal decision, in writing, within 10 business days but in no case more than 15 business days (rather than within 7 calendar days but in no case more than 14 calendar days) after the conclusion of the review of findings or remedies or sooner if required by State or federal law. Removes a provision concerning enforcement; makes corresponding changes. Corrects typographical errors. Effective July 1, 2022. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by House Amendment 1 with the following change. Adds one member who represents an association representing rural school superintendents to the Ensuring Success in School Task Force. Effective July 1, 2022. Fiscal Note, House Floor Amendment No. 1 (IL State Board of Education) As amended by HA 1, HB 3223 will have a fiscal impact of$139,652.04 annually to the State Board of Education. The amendment will have an unknown fiscal impact on school districts_ State Mandates Fiscal Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the School Code and the Illinois School Student Records Act. In provisions concerning the suspension or expulsion of a pupil, adds references to guardians (rather than just parents). Provides that a student may disclose mitigating factors, such as the student's status as a parent, expectant parent, or victim of domestic or sexual violence, in suspension or expulsion hearings. Sets forth provisions concerning suspension and expulsion hearings. Provides that home instruction or correspondence courses must be made available to students who are unable to attend school because of pregnancy-related conditions, parenting obligations related to the health of a child, or health and safety concerns arising from domestic or sexual violence. Includes attendance at a medical or therapeutic appointment and appointments with a victim services provider as a valid cause for absence from school. Adds provisions to the Code concerning children and students who are parents, expectant parents, or victims of domestic or sexual violence, the purpose of which is to ensure that Illinois schools have policies, procedures, and protocols in place that ensure children and students who are parents, expectant parents, or victims of domestic or sexual violence are identified by schools in a manner respectful of their privacy and safety, treated with dignity and regard, and provided the protection, instruction, and related accommodations and services necessary to enable them to meet State educational standards and successfully attain a school diploma. Creates the Ensuring Success in School Task Force. Sets forth provisions concerning complaint resolution procedures and confidentiality. Makes changes to the Chicago School District Article of the School Code concerning the transfer of students. Amends the State Mandates Act to require implementation without reimbursement. Makes a conforming change to the Charter Schools Law. Makes other changes. Effective July 1, 2023. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the contents of the engrossed bill as amended by Senate Amendment No. 1 with the following changes. Repeals the Section concerning the Ensuring Success in School Task Force on December 1, 2025 (instead of December 1, 2023). Amends the provisions concerning confidentiality. Requires each school district to adopt and ensure that the school has and implements a confidentiality policy regarding students. Provides that information about a student concerning whether the student has obtained assistance, support, or services (rather than only assistance or services) must be kept in strictest of confidence, except if the disclosure is permitted under (rather than in conflict with) certain State or federal laws or consented to in writing by the student or the student's parent or guardian. Provides that information about students may not be disclosed to any other individual outside of the district (rather than may not be disclosed to any other individual). With regard to domestic or sexual violence, provides that except as permitted (rather than except as required) under State or federal law, a school official may contact (instead of must not contact) the person named to be the perpetrator if the school official determines that the school official has an obligation to do so based on safety concerns or threats to the community, including the victim. Provides that a school district must not contact a person named by a student or the student's parent or guardian without providing prior written notice to the student or the student's parent or guardian (rather than without obtaining written permission from the student or the student's parent or guardian). Removes provisions requiring a school district to comply with the confidentiality provisions no later than July 1, 2024. Effective July 1, 2025.

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.

Amends the Illinois Controlled Substances Act. Provides that, notwithstanding any other provision of law, a prescription for a substance in Schedule II, III, IV, or V must be sent electronically, in accordance with provisions regarding the Prescription Monitoring Program. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 720 ILCS 570/401.3 new Adds reference to: 720 ILCS 570/311.6 new Replaces everything after the enacting clause. Amends the Illinois Controlled Substances Act. Provides that notwithstanding any other provision of law, a prescription for a substance classified in Schedule II, III, IV, or V must be sent electronically. Provides that notwithstanding any other provision of law, a prescriber shall not be required to issue prescriptions electronically if he or she certifies to the Department of Financial and Professional Regulation that he or she will not issue more than 25 prescriptions during a 12-month period. Prescriptions in both oral and written form for controlled substances shall be included in determining whether the prescriber will reach the limit of 25 prescriptions. Provides that the Department of Financial and Professional Regulation shall adopt rules for the administration of these provisions. Provides that these rules shall provide for the implementation of any such exemption to the requirements under these provisions that the Department of Financial and Professional Regulation may deem appropriate, including the exemption limiting a prescriber from issuing more than 25 prescriptions during a 12-month period. Effective January 1, 2023.

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 School Code. Provides that a pupil shall be excused from engaging in a physical education course during a period of religious fasting if the pupil's parent or guardian notifies the school principal in writing that the pupil is participating in religious fasting. Effective immediately. House Floor Amendment No. 1 Provides that a pupil shall be excused from engaging in any physical activity components of a physical education course (rather than from engaging in a physical education course) during a period of religious fasting.

Amends the Department of Veterans' Affairs Act. Provides that a person or company advertising veterans' benefits appeal services must conspicuously disclose in the advertisement that such services are also offered at no cost by county veterans service officers. Provides that a person who provides veterans' benefits services in exchange for compensation shall (i) provide a written disclosure statement to each client or prospective client and (ii) obtain the client's signature on a written disclosure statement containing an attestation by the client that the client has read and understands the written disclosure statement. Directs the Department of Veterans' Affairs to investigate alleged violations and to submit the results of any investigation to the Office of the Attorney General if the Department concludes that a violation has occurred. Provides that if, upon review, the Attorney General decides to file a complaint, the Attorney General must do so within 90 days of receiving the results of the Department's investigation. Imposes a civil penalty not to exceed $1,000 for each violation of the amendatory Act. House Floor Amendment No. 1 Deletes reference to: 20 ILCS 2805/2 20 ILCS 2805/39 new Adds reference to: 815 ILCS 505/2WWW new Replaces everything after the enacting clause. Amends the Consumer Fraud and Deceptive Business Practices Act. Requires persons providing veteran or military benefit services to make disclosures that the benefits are available without charge. Provides that it is an unlawful practice under that Act to fail to make the required disclosure, fail to comply with fiduciary responsibilities under federal law, and to charge fees in violation of federal law.

Amends the School Safety Drill Act. Provides that parents or guardians must receive prior notice of a law enforcement drill not less than 5 days prior to the drill. Provides that a law enforcement drill (i) must not include simulations that mimic an actual school shooting incident or active shooter event, (ii) must be announced in advance to all school personnel and students prior to the commencement of the drill, (iii) must include content that is age appropriate and developmentally appropriate, (iv) must include and involve school personnel, including school-based mental health professionals, and (v) must include trauma-informed approaches to address the concerns and well-being of students and school personnel. Requires a school district to include in its annual review of each school building's emergency and crisis response plans, protocols, and procedures an examination of the efficacy and effects of law enforcement drills. Effective immediately. House Floor Amendment No. 2 Changes certain references relating to law enforcement drills to law enforcement lockdown drills. Removes the requirement that parents or guardians must receive prior notice of a law enforcement drill not less than 5 days prior to the drill. Provides that (i) school administrators and school support personnel may, in their discretion, exempt a student or students from participating in a walk-through lockdown drill; (ii) schools must provide sufficient information and notification to parents and guardians in advance of any walk-through lockdown drill that involves the participation of students and must also provide to parents and guardians an opportunity to exempt their child for any reason from participating in the walk-through lockdown drill; (iii) schools must provide alternative safety education and instruction related to an active threat or active shooter event to students who do not participate in a walk-through lockdown drill to provide them with essential information, training, and instruction through less sensorial safety training methods; (iv) during a drill, students must be allowed to ask questions related to the drill; and (v) law enforcement may choose to run an active shooter simulation, but only on school days when students are not present, and parental notification is not required if students are not required to be present. Corrects a typographical error.

Amends the Managed Care Reform and Patient Rights Act. Requires health insurance carriers that provide coverage for prescription drugs to ensure that, within service areas and levels of coverage specified by federal law, at least half of individual and group plans meet one or more of the following criteria: apply a pre-deductible and flat-dollar copayment structure to the entire drug benefit, limit a beneficiary's monthly out-of-pocket financial responsibility for prescription drugs to a specified amount, or limit a beneficiary's annual out-of-pocket financial responsibility for prescription drugs to a specified amount. Provides that all plans for prescription drugs offered under the amendatory Act must be clearly and appropriately named, marketed in the same manner as other plans offered by the health insurance carrier, and offered for purchase to any individual and group plan sponsor. Effective January 1, 2022. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Managed Care Reform and Patient Rights Act. In provisions concerning individual health plans that provide coverage for prescription drugs, provides that beginning January 1, 2023, health insurance carriers shall ensure that at least 10% of individual health care plans offered in each applicable service area apply a flat-dollar copayment structure to the entire drug benefit; and beginning January 1, 2024, health insurance carriers shall ensure that at least 25% of individual health care plans offered in each applicable service area apply a flat-dollar copayment structure to the entire drug benefit. In provisions concerning group health plans that provide coverage for prescription drugs, provides that beginning January 1, 2023, health insurance carriers shall offer at least one group health plan in each applicable service area that applies a flat-dollar copayment structure to the entire drug benefit; and beginning January 1, 2024, health insurance carriers shall offer at least 2 group health plans in each applicable service area that apply a flat-dollar copayment structure to the entire drug benefit. Provides that the flat-dollar copayment structure for prescription drugs must be applied pre-deductible and be reasonably graduated and proportionately related in all tier levels such that the copayment structure as a whole does not discriminate against or discourage the enrollment of individuals with significant health care needs. Requires the health insurance carriers to clearly and appropriately name the plans to aid in individual or group plan selection. Requires the health insurance carriers to market the plans in the same manner as their other plans. Requires the Department of Insurance to adopt rules necessary to implement and enforce the provisions. Effective January 1, 2023.

Creates the Prescription Drug Repository Program Act. Requires the Department of Public Health to, by rule, establish a prescription drug repository program, under which any person may donate a prescription drug or supplies needed to administer a prescription drug for use by an individual who meets eligibility criteria specified by the Department. Sets forth requirements that prescription drugs or supplies must meet in order to be accepted and dispensed under the program. Provides that no drugs or supplies donated under the prescription drug repository program may be resold. Provides that nothing in the Act requires that a pharmacy or pharmacist participate in the prescription drug repository program. Provides for civil and criminal immunity for drug and supply manufacturers and individuals in relation to the donation, acceptance, or dispensing of prescription drugs or supplies under the prescription drug repository program. Imposes conditions on any rulemaking authority. Amends the Pharmacy Practice Act, the Wholesale Drug Distribution Licensing Act, the Senior Pharmaceutical Assistance Act, the Illinois Food, Drug and Cosmetic Act, the Illinois Controlled Substances Act, and the Cannabis and Controlled Substances Tort Claims Act to provide that persons engaged in donating or accepting, or packaging, repackaging, or labeling, prescription drugs to the extent permitted or required under the Prescription Drug Repository Program Act are exempt from provisions of those other Acts that might prohibit or otherwise regulate such activity. House Committee Amendment No. 1 Replaces everything after the enacting clause. Creates the Illinois Drug Reuse Opportunity Program Act. Provides that, notwithstanding any other law or rule, donors may donate drugs to recipients and recipients may receive donated drugs from donors. Provides that recipients shall only dispense or administer drugs to eligible patients, further donate drugs to another recipient, or dispose of drugs in accordance with specified provisions. Provides that drugs donated for use under the Act are considered nonsaleable. Provides that, when dispensing a drug to an eligible patient, the recipient must do so at no cost to the eligible patient, except that a reasonable handling fee may be charged. Provides that recipients may only dispense or administer a prescription drug or provide an over-the-counter drug if specified requirements are met. Provides that recipients shall, to the greatest extent practicable, dispense drugs received under the Act to priority patients. Provides that drugs may be accepted under the Act only if specified requirements are met. Contains requirements for the further donation of drugs by a recipient. Contains provisions regarding the disposition of specified drugs. Provides that nothing in the Act requires that a pharmacy or pharmacist be a recipient of drugs under the Act. Provides that the Act shall supersede any inconsistent law or rule for activities conducted under the Act. Contains other provisions. Amends the Pharmacy Practice Act, the Wholesale Drug Distribution Licensing Act, the Senior Pharmaceutical Assistance Act, the Illinois Food, Drug and Cosmetic Act, the Illinois Controlled Substances Act, and the Cannabis and Controlled Substances Tort Claims Act to provide that persons engaged in donating or accepting, or packaging, repackaging, or labeling, prescription drugs to the extent permitted or required under the Illinois Drug Reuse Opportunity Program Act are exempt from provisions of those other Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Provides that "prescription drug" does not include a drug for the treatment of cancer that can only be dispensed to a patient registered with the drug manufacturer in accordance with the federal Food and Drug Administration's requirements. Provides that when dispensing a drug to an eligible patient, the recipient must do so at no cost to the eligible patient, except that a uniform reasonable handling fee (rather than a reasonable handling fee) may be charged.

Amends the Statute on Statutes. Makes a technical change in a Section regarding the application of the Act. House Floor Amendment No. 1 Deletes reference to: 5 ILCS 70/1.43 new Adds reference to: 5 ILCS 70/1.44 new Replaces everything after the enacting clause. Amends the Statute on Statutes. Provides that in determining the meaning of any statute or rule or interpretation by the various administrative agencies of this State, for purposes of determining eligibility for any veterans benefit available from the State, the words "honorable discharge" and "honorably discharged" include a discharge under other than honorable conditions or general discharge under honorable conditions due to a person's sexual orientation or gender identity but does not include a bad conduct discharge or a dishonorable discharge. Senate Committee Amendment No. 1 Provides that the words "honorable discharge" and "honorably discharged" include a discharge other than honorable conditions or general discharge under honorable conditions if only due to a person's sexual orientation or gender identity (rather than "honorable discharge" and "honorably discharged" include a discharge other than honorable conditions or general discharge under honorable conditions due to a person's sexual orientation or gender identity).