Rep. Camille Lilly

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 various Acts relating to the governance of public universities in Illinois. With respect to the high school coursework that a person must satisfactorily complete for university admission, adds agricultural sciences as a course option for the science category and agricultural education as a course option for the electives category. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the contents of the bill, but changes references from vocational education to career and technical education.

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.

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 Juvenile Court Act of 1987. Provides that if a minor is committed to the Department of Juvenile Justice the clerk of the court shall forward to the Department all police reports for sex offenses allegedly committed or committed by the minor. Amends the Unified Code of Corrections. Provides that the Department of Juvenile Justice shall maintain and administer all State youth centers. Deletes provision permitting a person committed to the Department of Juvenile Justice to be isolated for disciplinary reasons. Provides that all sentences imposed by an Illinois court under the Code shall run concurrent to any and all sentences under the Juvenile Court Act of 1987. Provides that the target release date for youth committed to the Department as a Habitual Juvenile Offender or Violent Juvenile Offender under the Juvenile Court Act of 1987 shall be extended by not less than 12 months. Creates the Department of Juvenile Justice Reimbursement and Education Fund in the State treasury. Amends the State Finance Act to make conforming changes. House Floor Amendment No. 1 Adds an immediate effective date to the bill.

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that "step-parent" includes a person joined in a civil union to a child's parent. Deletes language providing that: all counseling sessions shall be confidential; and communications in counseling shall not be used in any manner in litigation nor relied upon by any expert appointed by the court or retained by any party. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 750 ILCS 5/600 750 ILCS 5/602.9 Replaces everything after the enacting clause. Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that court-ordered counseling is subject to the Mental Health and Developmental Disabilities Confidentiality Act and the federal Health Insurance Portability and Accountability Act of 1996. Deletes language providing that: all counseling sessions shall be confidential; and communications in counseling shall not be used in any manner in litigation nor relied upon by any expert appointed by the court or retained by any party. Effective immediately.

Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the definition of "conviction". House Floor Amendment No. 1 Deletes reference to: 720 ILCS 5/2-5 Adds reference to: 20 ILCS 2310/2310-705 new 20 ILCS 2605/2605-51 new 50 ILCS 705/7 from Ch. 85, par. 507 50 ILCS 705/7.1 new 430 ILCS 67/5 430 ILCS 67/10 430 ILCS 67/35 430 ILCS 67/40 430 ILCS 67/45 430 ILCS 67/85 new Replaces everything after the enacting clause. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health, subject to appropriation or other available funding, shall conduct a program to promote awareness of firearms restraining orders to the general public. Provides that beginning July 1, 2022, the program must include the development and dissemination, through print, digital, and broadcast media, of public service announcements that publicize the options victims of domestic violence have to seek help with special emphasis on the firearms restraining order. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Creates the Commission on Implementing the Firearms Restraining Order Act. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall develop and approve a standard curriculum for a training program on the Firearms Restraining Order Act. Provides that the Board shall conduct a training program that trains officers on the use of firearms restraining orders, how to identify situations in which a firearms restraining order is appropriate, and how to safely promote the usage of the firearms restraining order in a domestic violence situation. Provides that the curriculum of police training schools shall also include training on the use of a firearms restraining order by providing instruction on the process used to file a firearms restraining order, how to identify situations in which a firearms restraining order is appropriate, and how to promote a firearms restraining order in a domestic violence situation. Provides that if adequate firearms restraining order training is unavailable, the Illinois Law Enforcement Training Standards Board may approve training to be conducted by a third party. Officers who have successfully completed this program shall be issued a certificate attesting to their attendance. Amends the Firearms Restraining Order Act. Provides that a firearms restraining order includes the seizure of the respondent's ammunition and firearm parts that could be assembled to make an operable firearm. Provides that "family member of the respondent" includes a former spouse and a person with whom the respondent has or allegedly has a child in common. Provides that a petition for a firearms restraining order may be filed in any county where an incident occurred that involved the respondent posing an immediate and present danger of causing personal injury to the respondent or another by having in his or her custody or control, or purchasing, possessing, or receiving, a firearm or ammunition or firearm parts that could be assembled to make an operable firearm. Includes printing a petition for a firearms restraining order for which no fees may be charged by the circuit clerk. Provides that the Illinois State Police shall submit a yearly report to the General Assembly concerning the applications and issuance of firearms restraining orders. Makes other changes. Senate Committee Amendment No. 1 Further amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health's program to promote awareness of firearms restraining orders shall include production of materials that can be given to health care workers that assist in identifying people who may benefit from awareness of the Firearms Restraining Order Act (rather than victims of domestic violence and how to safely and discreetly determine if a potential abuser possesses a firearm). Deletes language providing that the program must include the development and dissemination of public service announcements that publicize the options for victims of domestic violence to seek help. Further amends the Department of State Police Law of the Civil Administrative Code of Illinois. Changes the composition of the Commission on Implementing the Firearms Restraining Order Act. Removes language providing for a member of a nonprofit organization whose mission is to reduce gun violence with experience educating the public about the Firearms Restraining Order Act, nominated by such an organization whose membership is the most numerous in Illinois. Adds to the membership the Director of Public Health or the Director's designee. Further amends the Illinois Police Training Act. Deletes language providing that police officer training shall include how to promote a firearms restraining order in a domestic violence situation. Further amends the Firearms Restraining Order Act. In the definition of "family member of the respondent", replaces new provision that the definition includes a person with whom the respondent has or allegedly has a child in common with a person with whom the respondent has a minor child in common.

Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, beginning 120 days after the effective date of the amendatory Act, the term "selling price" no longer includes the value of traded-in motor vehicles. Amends the Illinois Vehicle Code. In a Section concerning the use tax on motor vehicles, makes changes concerning the amount of the tax. Effective immediately. House Floor Amendment No. 1 Adds reference to: 625 ILCS 5/1-216.5 new 625 ILCS 5/3-819 from Ch. 95 1/2, par. 3-819 625 ILCS 5/3-821 from Ch. 95 1/2, par. 3-821 Replaces everything after the enacting clause. Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, beginning on January 1, 2022, the term "selling price" no longer includes the value of traded-in motor vehicles. Amends the Illinois Vehicle Code. Defines "utility trailer". Provides for a flat weight trailer tax of $36 for utility trailers. Decreases the flat weight tax for Class TA trailers from $118 to $36. Increases the certificate of title fee for vehicles other than all-terrain vehicles, off-highway motorcycles, motor homes, mini motor homes, and van campers from $150 to $155 and provides that the additional fee amount shall be deposited into the Road Fund. In a Section concerning the use tax on motor vehicles, makes changes concerning the amount of the tax. Effective January 1, 2022. House Floor Amendment No. 2 Removes language including only trailers weighing between 2,000 pounds and 3,000 pounds within the TA trailer class, and restores language including all trailers weighing 3,000 pounds and less within the TA trailer class.

Amends the School Code. Provides that all public schools shall provide daily time for supervised, unstructured, child-directed play for all students in kindergarten through grade 8. Specifies further requirements concerning play time. Provides that play time shall not count as a course of physical education. Provides that play time shall be considered clock hours for purposes of the Code. Provides for the inclusion of students with disabilities in play time. Provides that public schools shall prohibit the withholding of play time as a disciplinary or punitive action, except when a student's participation in play time poses an immediate threat to the safety of the student or others. Effective July 1, 2021. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the contents of the engrossed bill, and makes the following changes. Provides that play time shall be for all students in kindergarten through grade 5 (rather than for all students in kindergarten through grade 8). Requires play time to be for at least 30 minutes (rather than 60 minutes) on any school day that is 5 clock hours or longer in length. Provides that, for any school day less than 5 clock hours, play time shall be at least one-tenth (rather than one-fifth) of a day of attendance. Removes the requirement that, to the extent appropriate, students with disabilities shall participate in play with students who do not have a disability; provides instead that play time must comply with a student's applicable individualized education program (IEP) or federal Section 504 plan. Effective July 1, 2021. Fiscal Note, House Floor Amendment No. 1 (State Board of Education) As amended by HA 1, SB 654 will have no fiscal impact annually to the State Board of Education. The amendment will have an unknown fiscal impact on school districts. Fiscal Note, House Floor Amendment No. 1 (State Board of Education) As amended by HA 1, SB 654 will have no fiscal impact annually to the State Board of Education. The amendment will have an unknown fiscal impact on school districts.