Rep. Suzanne Ness

Amends the Illinois Insurance Code. Prohibits an individual or group policy of accident and health insurance amended, delivered, issued, or renewed in the State after the effective date of the amendatory Act that provides coverage for naloxone hydrochloride from imposing a copayment on the coverage provided. Amends the Medical Assistance Article of the Illinois Public Aid Code. Prohibits the Department of Healthcare and Family Services from imposing a copayment on the coverage provided for naloxone hydrochloride under the medical assistance program. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill but with the following change: Further amends the Illinois Insurance Code. In the provision prohibiting an individual or group policy of accident and health insurance that provides coverage for naloxone hydrochloride from imposing a copayment on the coverage provided, provides that the prohibition does not apply to coverage of naloxone hydrochloride to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account under a specified provision of the Internal Revenue Code.

Creates the Landscape Architecture Registration Act. Provides that no person shall use the title "registered landscape architect" or "landscape architect" without being registered by the Department of Financial and Professional Regulation. Creates the Registered Landscape Architecture Registration Board. Provides for the membership, meetings, and powers of the Board. Provides that the Department may seek the expert advice and knowledge of the Board on any matter relating to the enforcement of the Act, including qualifications of applicants for registration. Provides that the Department may issue certificates of registration to those who meet the requirements of the Act. Provides that the Department may authorize examinations to ascertain the fitness and qualifications of applicants for registration. Provides that the Department may conduct investigations and hearings to refuse to issue, renew, or restore registrations, revoke, suspend, place on probation, or reprimand persons registered under provisions of the Act. Provides that the Department may take disciplinary action with regard to any certificate of registration issued under the Act. Makes corresponding changes in the Park District Code, the Chicago Park District Act, the Professional Geologist Licensing Act, and the Unified Code of Corrections. Amends the Regulatory Sunset Act to repeal the Landscape Architecture Registration Act on January 1, 2032. Senate Floor Amendment No. 1 Deletes reference to: New Act 5 ILCS 80/4.41 new 70 ILCS 1205/8-50 70 ILCS 1505/26.10-4 225 ILCS 745/20 730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5 Adds reference to: 5 ILCS 100/5-45.21 new 305 ILCS 5/5-5.2 from Ch. 23, par. 5-5.2 305 ILCS 5/5-5.8 from Ch. 23, par. 5-5.8 305 ILCS 5/5B-2 from Ch. 23, par. 5B-2 305 ILCS 5/5B-4 from Ch. 23, par. 5B-4 305 ILCS 5/5B-5 from Ch. 23, par. 5B-5 305 ILCS 5/5B-8 from Ch. 23, par. 5B-8 305 ILCS 5/5E-10 305 ILCS 5/5E-20 new Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. In the Medical Assistance Article, provides that notwithstanding any other provisions of the Code, the methodologies for reimbursement of nursing services shall no longer be applicable for bills payable for nursing services rendered on or after a new reimbursement system based on the Patient Driven Payment Model (PDPM) has been fully operationalized, which shall take effect for services provided on or after the implementation of the PDPM reimbursement system begins. Establishes an implementation date for the PDPM reimbursement system if certain conditions are met. Contains provisions concerning the establishment of a variable per diem staffing add-on for nursing facilities with specified staffing levels; utilization of the Staff Time and Resource Intensity Verification study; the PDPM nursing component per diem for nursing facilities for certain dates of services; a Medicaid Access Adjustment; incentive payments determined by facility performance on specified quality measures; payments based on CNA tenure, promotion, and CNA training for the purpose of increasing CNA compensation; and other matters. In the Long-Term Care Provider Funding Article, provides that for the privilege of engaging in the occupation of long-term care provider for each occupied non-Medicare bed day, beginning July 1, 2022, an assessment is imposed upon each long-term care provider in an amount varying with the number of paid Medicaid resident days per annum in the facility. Sets forth a schedule of occupied bed tax amounts. Makes changes concerning reporting requirements, the Long-Term Care Provider Fund, and other matters. In the Nursing Home License Fee Article, provides that a specified provision imposing licensing fees on nursing home providers is repealed on July 1, 2024. Amends the Illinois Administrative Procedure Act. Grants the Department of Healthcare and Family Services emergency rulemaking authority to implement certain provisions of the amendatory Act. Effective immediately.

Amends the Mental Health and Developmental Disabilities Code. Makes a technical change in a Section concerning the definition of "care and custody". House Floor Amendment No. 1 Deletes reference to: 405 ILCS 5/1-102 Adds reference to: New Act 50 ILCS 705/6 from Ch. 85, par. 506 50 ILCS 705/6.8 new 30 ILCS 105/5.970 new Replaces everything after the enacting clause. Creates the First Responder Mental Health Grant Program Act. Provides that, subject to appropriation, there is created within the Department of Human Services a First Responder Behavioral Health Grant Program to provide grants to the following recipients: (1) units of local government; (2) law enforcement agencies; (3) fire protection districts; (4) school districts; (5) public or private hospitals; or (6) ambulance services that employ first responders. Creates a First Responder Behavioral Health Grant Fund in the State treasury, which shall be used by the Secretary of Human Services to make grants to eligible recipients. Provides that recipients eligible for grants shall use the grants for expenses related to behavioral health care services for first responders, including, but not limited to, telehealth services. Provides that an employer may not reduce behavioral health care provided through a first responder's employee benefit package as a result of the receipt of grant funds under the Act. Provides that all records, notes, and conclusions by a treatment provider providing behavioral health care to first responders whose employers receive grants under the Act shall not be shared with the employer unless otherwise mandated by law. Amends the State Finance Act to make conforming changes. Amends the Illinois Police Training Act. Replaces provisions stating that the Illinois Law Enforcement Training Standards Board has the power and duty to establish statewide standards regarding regular mental health screenings of probationary and permanent police officers with provisions giving the Board the power and duty to establish statewide minimum standards regarding: (1) psychological screenings of recruit officers hired after the standards go into effect and annual psychological screenings of probationary and permanent officers; and (2) regular, confidential mental health counseling for probationary and permanent police officers in addition to the mental health counseling related to an officer's fitness for duty examinations. Lists specific items required to be included in the standards relating to psychological screenings and mental health counseling. Provides that records of psychological screenings and mental health counseling sessions, as well as any portions of documents referencing the psychological screenings or mental health counseling sessions that contain a personally identifiable information of an officer who underwent the screening or counseling session, are exempt from disclosure under the Freedom of Information Act. House Floor Amendment No. 2 Deletes reference to: 405 ILCS 5/1-102 Adds reference to: New Act Replaces everything after the enacting clause. Creates the First Responder Mental Health Grant Program Act. Provides that, subject to appropriation, there is created within the Department of Human Services a First Responder Behavioral Health Grant Program to provide grants to the following recipients: (1) units of local government; (2) law enforcement agencies; (3) fire protection districts; (4) school districts; (5) public or private hospitals; or (6) ambulance services that employ first responders. Creates a First Responder Behavioral Health Grant Fund in the State treasury, which shall be used by the Secretary of Human Services to make grants to eligible recipients. Provides that recipients eligible for grants shall use the grants for expenses related to behavioral health care services for first responders, including, but not limited to, telehealth services. Provides that an employer may not reduce behavioral health care provided through a first responder's employee benefit package as a result of the receipt of grant funds under the Act. Provides that all records, notes, and conclusions by a treatment provider providing behavioral health care to first responders whose employers receive grants under the Act shall not be shared with the employer unless otherwise mandated by law. House Floor Amendment No. 3 Adds reference to: 30 ILCS 105/5.970 new Makes changes to the bill as amended by House Amendment No. 2 to provide that the First Responder Behavioral Health Grant Fund is a special fund in the State treasury. Adds provisions amending the State Finance Act to make conforming changes.

Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance that is amended, delivered, issued, or renewed on or after January 1, 2024 shall provide coverage for the cost of the genetic testing of the BRCA1 and BRCA2 genes to detect an increased risk for breast and ovarian cancer if recommended by a health care provider in accordance with the United States Preventive Services Task Force's recommendations for testing.

Amends the Small Wireless Facilities Deployment Act. Provides that the Act is repealed on December 31, 2026 (currently, June 1, 2021). Effective immediately. House Floor Amendment No. 1 Provides for repeal of the Small Wireless Facilities Deployment Act on December 31, 2023 (rather than December 31, 2026). Senate Floor Amendment No. 1 Deletes reference to: 50 ILCS 840/90 Adds reference to: 70 ILCS 1235/15 Replaces everything after the enacting clause. Amends the Park Commissioners Land Sale Act. In provisions allowing the Bensenville Park District to sell up to 125 acres of the White Pines Golf Course owned by the District, changes the date the provisions are repealed to June 30, 2024 (currently, January 1, 2023). Effective immediately.

Amends the Early Intervention Services System Act. Requires all early intervention services to be initiated as soon as possible but not later than 30 calendar days after the consent of the parent or guardian has been obtained for the child's individualized family service plan. Provides that services may be initiated later than 30 calendar days after the consent of the parent or guardian has been obtained if the multidisciplinary team determines that a later initiation date is necessary to meet the individual needs of the child and family, the child's parent or guardian provides informed written consent for the later initiation date, and the reasons for the later initiation date are documented by the multidisciplinary team. Provides that the parent or guardian must be informed in writing, which may be done electronically if the parent or guardian prefers, that services shall be initiated no later than 30 calendar days after the individualized family service plan has been developed or on a later initiation date as determined by the multidisciplinary team with the informed consent of the parent or guardian. Provides that if services are not initiated within 30 calendar days after the consent of the parent or guardian has been obtained for the individualized family service plan or on a later initiation date as determined by the multidisciplinary team with the informed consent of the parent or guardian, the parent or guardian must be informed by the family's Child and Family Connections service coordinator in writing, which may be done electronically if the parent or guardian prefers, of the family's legal rights and alternative service options available to the family until an early intervention provider is identified, including, but not limited to, providers not currently early intervention credentialed or enrolled in the early intervention program. Effective July 1, 2022. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Early Intervention Services System Act. Provides that all early intervention services shall be initiated as soon as possible but not later than 30 calendar days after the consent of the parent or guardian has been obtained for the individualized family service plan, in accordance with rules adopted by the Department of Human Services. Effective July 1, 2022.

Amends the Nursing Home Care Act. Requires the Department of Public Health to establish by rule guidelines for required continuing education of all employees who inspect, survey, or evaluate a facility and to offer continuing education opportunities at least quarterly. Provides that the Department shall notify a facility and complainant of its findings regarding a complainant's complaint within 5 calendar days (rather than 10 days) of the determination. Provides that employees of a State or unit of local government agency charged with inspecting, surveying, or evaluating facilities are required to complete at least 10 hours of continuing education annually. Provides that if a facility is found to have violated any provision of the Act or rule adopted under the Act, the facility shall develop a plan of correction to address deficiencies indicated in a statement of deficiency. Requires the Department to approve or deny the plan of correction within 72 hours after receiving the plan of correction. Provides that the Department shall conduct an annual review of all survey activity from the preceding calendar year (rather than conduct an annual review) and make a report including specified information concerning the complaint and survey process. Contains other provisions. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Removes language requiring specified actions to be taken within 7 (rather than 30) days or 5 (rather than 10) days after specified events. Removes language providing that, if a facility is found to have violated any provision of the Act or rule adopted under the Act, the facility shall develop a plan of correction to address deficiencies indicated in a statement of deficiency. Requires the Department of Public Health's annual report to include the total number of times the Department recommended a discretionary denial of payment for new Medicare or Medicaid admissions with a specified effective date and the number of instances in which employees not fully vaccinated against or who tested positive for COVID-19 entered a long-term care facility. Makes other changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Requires the 10 hours of continuing education to include specified topics that support the survey process. Provides that the continuing education is separate from any continuing education required for any license that the employee holds. Requires the Department of Public Health's report to include (i) the breakdown of 24-hour, 7-day, and 30-day complaints, (ii) the average length of tenure for nurse surveyors employed by the Department at the time the report is created, and (iii) the total number of times the Department recommended a discretionary denial of payment for new Medicare or Medicaid admissions and how much time existed between the start of that denial and when the facility was notified. Removes language requiring all of the listed reporting criteria and additional complaint information requested by the Long-Term Care Facility Advisory Board, the Illinois Long-Term Care Council, or the General Assembly to be provided in aggregate and broken down by Office of Health Care Regulation region. Makes other changes. Senate Floor Amendment No. 3 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Provides that at least 5 of the 10 required hours of continuing education shall be separate and distinct from any continuing education hours required for any license that the employee holds. Allows any continuing education hours provided by the Department in addition to the required 10 hours of continuing education to count towards continuing education hours required for any license that the employee holds. Makes changes in the list of items to be included in the Department's annual report. Deletes a provision requiring employees of local agencies that inspect facilities to complete continuing education. Removes language requiring all of the listed reporting criteria and additional complaint information requested by the Long-Term Care Facility Advisory Board, the Illinois Long-Term Care Council, or the General Assembly to be provided in aggregate and broken down by Office of Health Care Regulation region. Makes other changes.

Creates the Behavior Analyst Licensing Act. Provides for licensure of behavior analysts, assistant behavior analysts, and behavior technicians by the Department of Financial and Professional Regulation. Contains provisions concerning licensure requirements, qualifications, the Board of Behavior Analysts, provisional licenses, and rules. Amends the Illinois Public Aid Code to provide that treatment of autism spectrum disorder through applied behavior analysis shall be covered under the medical assistance program for children with a diagnosis of autism spectrum disorder when ordered by a behavior analyst licensed by the Department of Financial and Professional Regulation to practice applied behavior analysis in the State of Illinois. Effective immediately. House Floor Amendment No. 2 Removes language providing that each applicant for licensure as an assistant behavior analyst shall have his or her fingerprints submitted to the Illinois State Police in the form and manner prescribed by the Illinois State Police. Provides instead that each applicant for licensure as an assistant behavior analyst shall have his or her fingerprints submitted to the Illinois State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Illinois State Police. Provides that the criminal history record databases to be checked include, but are not limited to, civil, criminal, and latent fingerprint databases. Provides that the fee charged by the Illinois State Police for conducting the criminal history records check shall not exceed the actual cost of the records check (rather than the actual cost of the Illinois and national criminal history record check). Provides that the Illinois State Police shall furnish records of Illinois convictions as prescribed under the Illinois Uniform Conviction Information Act and shall forward the national criminal history record information to the Department. Senate Committee Amendment No. 1 Adds reference to: 5 ILCS 80/4.41 new 320 ILCS 20/2 from Ch. 23, par. 6602 325 ILCS 5/4 Replaces everything after the enacting clause. Creates the Behavior Analyst Licensing Act. Provides for the licensure of behavior analysts and assistant behavior analysts. Creates the Behavior Analyst Licensing and Disciplinary Board. Provides qualifications for licensure application, including for those who have met certain requirements before the effective date of the Act. Establishes the powers and duties of the Department of Financial and Professional Regulation. Provides grounds for disciplinary actions and for civil and criminal penalties for violations of the Act. Creates provisions concerning hearings and rehearings. Provides for judicial review of all final administrative decisions of the Department. Contains provisions concerning orders, license restrictions and limitations, examinations, and Social Security Numbers on license applications. Amends the Regulatory Sunset Act. Provides that the Behavior Analyst Licensing Act is repealed on January 1, 2032. Makes corresponding changes to the Adult Protective Services Act and the Abused and Neglected Child Reporting Act. Amends the Illinois Public Aid Code to provide that treatment of autism spectrum disorder through applied behavior analysis shall be covered under the medical assistance program for children with a diagnosis of autism spectrum disorder when evaluated and treated by a behavior analyst licensed by the Department of Financial and Professional Regulation to practice applied behavior analysis in the State of Illinois. Effective immediately. Senate Committee Amendment No. 2 Adds reference to: 5 ILCS 80/4.38 320 ILCS 20/2 from Ch. 23, par. 6602 325 ILCS 5/4 Replaces everything after the enacting clause. Creates the Behavior Analyst Licensing Act. Provides for the licensure of behavior analysts and assistant behavior analysts. Creates the Behavior Analyst Licensing and Disciplinary Board. Provides qualifications for licensure application, including for those who have met certain requirements before the effective date of the Act. Establishes the powers and duties of the Department of Financial and Professional Regulation. Provides for grounds for disciplinary actions and for civil and criminal penalties for violations of the Act. Creates provisions concerning hearings and rehearings. Provides for judicial review of all final administrative decisions of the Department. Provides for provisions concerning orders, license restrictions and limitations, examinations, and Social Security Numbers on license applications. Amends the Regulatory Sunset Act. Repeals the Act on January 1, 2028. Makes corresponding changes to the Adult Protective Services Act and the Abused and Neglected Child Reporting Act. Effective immediately. Senate Floor Amendment No. 3 Provides that the Behavior Analyst Licensing Act does not prohibit a speech-language pathologist and an audiologist from performing or advertising activities that are considered to be the practice of applied behavior analysis if the activities are consistent with the laws of the State, the individual's training, and any code of ethics of the individual's respective professions. Provides that no licensed behavior analyst or licensed assistant behavior analyst shall engage in the practice of speech-language pathology or the practice of audiology, as defined in the Illinois Speech-Language Pathology and Audiology Practice Act, unless licensed to do so under that Act.

Amends the Higher Education Student Assistance Act. Renames the School Social Work Shortage Loan Repayment Program to School and Municipal Social Work Shortage Loan Repayment Program. Expands the Program to require the Illinois Student Assistance Commission to, each year, receive and consider applications from eligible social workers working for an Illinois municipality who do not report directly to a police department (now the Program only accepts applications from social workers who are employed by a public elementary or secondary school in this State) to encourage a grant recipient to use the financial assistance for the repayment of educational loans.

Amends the Children and Family Services Act. Provides that upon receiving custody or guardianship of a youth in care, and at least annually thereafter, the Department of Children and Family Services shall determine whether the youth may be eligible for Social Security benefits, Supplemental Security Income, or Veterans benefits. Provides that if it is determined that the youth may be eligible for benefits, the Department shall ensure that an application is filed on behalf of the youth. Requires the Department to ensure that any youth in care eligible for benefits beyond the age of 18 has a timely application filed. Requires the Department to immediately notify a youth over the age of 16, the youth's attorney and guardian ad litem, and the youth's parent or legal guardian or another responsible adult of: (1) any application for or any application to become representative payee for benefits on behalf of a youth in care; (2) any decisions or communications from the Social Security Administration or the U.S. Department of Veterans Affairs regarding an application for benefits or for representative payee status; and (3) any appeal or other action requested by the Department regarding an application for benefits. Requires the Department to ensure that when the youth attains the age of 14 years and until the Department no longer serves as the representative payee or fiduciary, a minimum percentage of the youth's benefits are conserved in a way that avoids violating any federal asset or resource limits that would affect the youth's eligibility to receive the benefits, including, but not limited to, establishing for the youth a Plan to Achieve Self-Support (PASS) Account; an ABLE account, a Social Security Plan to Achieve Self-Support account, or other specified savings accounts. Contains provisions concerning annual accounting reports to a youth's attorney and guardian ad litem of how a youth's benefits have been used and conserved; financial literacy training and support for youth in care; the adoption of rules; reporting requirements for the Department; and other matters. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that upon receiving temporary custody or guardianship of a youth in care, the Department of Children and Family Services shall assess the youth to determine whether the youth may be eligible for Social Security benefits, Supplemental Security Income, Veterans benefits, or Railroad Retirement benefits. Provides that if, after the assessment, the Department determines that the youth may be eligible for such benefits, the Department shall ensure that an application is filed on behalf of the youth. Requires the Department to prescribe by rule how it will review cases of youth in care at regular intervals to determine whether the youth may have become eligible for benefits after the initial assessment. Provides that the Department shall make reasonable efforts to encourage youth in care over the age of 18 who are likely eligible for benefits to cooperate with the application process and to assist youth with the application process. Provides that when applying for benefits, the Department shall identify a representative payee in accordance with specified federal requirements. Requires the Department to immediately notify a youth over the age of 16, the youth's attorney and guardian ad litem, and the youth's parent or legal guardian or another responsible adult of: (1) any application for or any application to become representative payee for benefits on behalf of a youth in care; (2) any communications from the Social Security Administration, the U.S. Department of Veterans Affairs, or the Railroad Retirement Board pertaining to the acceptance or denial of benefits or the selection of a representative payee; and (3) any appeal or other action requested by the Department regarding an application for benefits. Provides that when the Department serves as the representative payee for a youth receiving benefits, the Department shall: (i) beginning January 1, 2023, ensure that when the youth attains the age of 14 years and until the Department no longer serves as the representative payee, a minimum percentage of the youth's Supplemental Security Income benefits are conserved as specified under the amendatory Act; (2) beginning January 1, 2024, ensure that when the youth attains the age of 14 years and until the Department no longer serves as the representative payee a minimum percentage of the youth's Social Security benefits, Veterans benefits, or Railroad Retirement benefits are conserved as specified under the amendatory Act; (3) appropriately monitor any federal asset or resource limits for the benefits and ensure that the youth's best interest is served by using or conserving the benefits in a way that avoids violating any federal asset or resource limits that would affect the youth's eligibility to receive the benefits; and other matters. Contains provisions concerning annual accounting reports to a youth's attorney and guardian ad litem on how a youth's benefits have been used and conserved; financial literacy training and support for youth in care; the adoption of rules; reporting requirements for the Department; and other matters. Effective immediately.