Rep. Anthony DeLuca

Amends the Community Mental Health Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 405 ILCS 20/0.1 from Ch. 91 1/2, par. 300.1 Adds reference to: 410 ILCS 50/3.2 from Ch. 111 1/2, par. 5403.2 Replaces everything after the enacting clause. Amends the Medical Patient Rights Act. Removes language providing that nothing in the Act shall restrict the ability of a health care facility to regulate the hours of visitation, the number of visitors per patient or the movement of visitors within the facility. Provides that, during a period for which the Governor has issued a proclamation declaring that a disaster exists or in the event of an outbreak or epidemic of a communicable disease in the community in which the health care facility is located, a health care facility shall ensure an opportunity for at least one visitor, not counting a clergy person, to visit a resident or patient of the health care facility. Requires visitation to be subject to the guidelines, conditions, and limitations of the health care facility's visitation policy and any rules or guidelines established by the U.S. Centers for Medicare and Medicaid Services and the Centers for Disease Control and Prevention. Provides that visitors may be required by the health care facility to submit to health screenings necessary to prevent the spread of infectious disease. Provides that a health care facility may restrict a visitor who does not pass its health screening requirement and require a visitor to adhere to infection control procedures. Provides that a health care facility may deny visitation under the Act if the situation demands. Makes other changes. Effective immediately. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Authorizes a skilled nursing home, extended care facility, or intermediate care facility to prohibit an individual from visiting a resident or patient of the nursing home or facility if specific facts demonstrate that the individual would endanger his or her physical health or safety or the health or safety of a resident, patient, or health care worker of the nursing home or facility. Requires such a denial to be in writing and provided to the individual and the resident or patient with whom the individual was denied visitation. Requires each skilled nursing home, extended care facility, and intermediate care facility to inform each resident of the nursing home or facility (or that individual's representative) of the resident's visitation rights and the facility's visitation-related policies and procedures. Specifies that these nursing homes and facilities must not restrict, limit, or otherwise deny visitation privileges on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation, or disability. Requires the nursing homes and facilities to ensure that all visitors enjoy full and equal visitation privileges, consistent with the residents' preferences.

Amends the Technology Advancement and Development Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 20 ILCS 700/1001 Adds reference to: 20 ILCS 505/21.6 new Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that a child protective investigator is authorized to carry and use personal protection spray devices, such as mace, pepper mace, or pepper gas, for self-defense purposes while investigating a report of child abuse or neglect if the child protective investigator has been trained on the proper use of such personal protection spray devices by the Illinois State Police. Requires the Illinois State Police to establish a training program for child protective investigators on the proper use of personal protection spray devices for self-defense purposes. Requires the Department of Children and Family Services to provide funding for the training program. Effective immediately. House Floor Amendment No. 3 Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that a front-line staff member is authorized to carry and use personal protection spray devices, as defined, for self-defense purposes while investigating a report of child abuse or neglect if the front-line staff member has been trained on the proper use of such personal protection spray devices by the Department of Children and Family Services, in consultation with the Illinois State Police. Provides that by January 1, 2023, the Department, in consultation with the Illinois State Police, shall (i) identify a list of approved personal protection spray devices and (ii) jointly develop and approve a training curriculum and program for front-line staff members on the proper use of such personal protection spray devices for self-defense purposes. Requires the Department to provide funding for the training program. Sets forth specific circumstances under which a front-line staff member may use a personal protection spray device including if the front-line staff member: (i) reasonably believes that use is necessary to protect the staff member from an imminent physical assault posed by another person; (ii) uses the device to incapacitate a person attempting a physical assault in order to avoid imminent physical harm and to facilitate escape from danger when there is no other alternative available to the front-line staff member; and (iii) except in exigent circumstances, has issued a verbal warning to persons in close proximity to the spray area. Provides that a front-line staff member's use of personal protection spray devices during the performance of his or her professional duties in any manner other than as expressly authorized under the amendatory Act shall be prohibited by Department policy. Provides that whenever a front-line staff member discharges a personal protection spray device, the front-line staff member shall complete an incident report. Provides that, following the discharge of a personal protection spray device that results in exposure, the front-line staff member shall notify his or her supervisor and, if appropriate, call 9-1-1 for emergency response or responders as soon as reasonably practical and when safe to do so. Requires the Department to annually report and publish on its website, beginning January 1, 2024, the number of front-line staff members trained to carry personal protection spray devices, the number of front-line staff members reporting personal protection spray devices and the make or model of the devices, and the number of reported uses of personal protection spray devices by service region. Provides that, in addition, the Department shall report each incident involving the deployment of a personal protection spray device that occurred during the preceding calendar year, including: (1) the estimated age, gender, and race of the intended target of the personal protection spray device; (2) whether there were injuries to the intended target resulting from the deployment of the personal protection spray device; (3) the age, gender, and race of the front-line staff member who utilized the personal protection spray device; and (4) whether there were injuries to the front-line staff member resulting from the incident. Requires the Department to also report yearly data on the number of personal protection spray device deployments found to be against Department policy. Effective immediately.

Amends the Illinois Insurance Code. Provides that a contract between a pharmacy benefit manager or third-party payer and a covered entity under Section 340B of the federal Public Health Service Act shall not contain specified provisions. Provides that a violation by a pharmacy benefit manager constitutes an unfair or deceptive act or practice in the business of insurance, and that a provision that violates the prohibition on certain provisions in a contract between a pharmacy benefit manager or a third-party payer and a 340B covered entity that is entered into, amended, or renewed after July 1, 2022 shall be void and unenforceable. Defines terms. Amends the Illinois Public Aid Code. In provisions concerning pharmacy payments, provides that no later than January 1, 2023, the Department of Healthcare and Family Services shall implement a mechanism for entities participating in the federal drug pricing program and their contracted pharmacies to submit quarterly retrospective utilization files containing the minimum fields necessary to accurately identify the drugs to the Department or its contractor for processing Medicaid drug rebate requests to Medicaid beneficiaries or Medicaid managed care organization enrollees. Provides that the Department or its contractor shall use the utilization files to remove 340B claims from the Department's Medicaid drug rebate requests and that the Department shall not require the entities or their contracted pharmacies to use any other method or billing code to identify 340B drugs billed to Medicaid or Medicaid managed care organizations. In provisions concerning pharmacy benefits, provides that a Medicaid managed care organization or pharmacy benefit manager administering or managing benefits on behalf of a Medicaid managed organization shall not include specified provisions in a contract with a covered entity or with any pharmacy owned by or contracted with the covered entity. Provides that a violation by a Medicaid managed care organization or its pharmacy benefit manager constitutes an unfair or deceptive act or practice in the business of insurance, and that a provision that violates the prohibition on certain provisions in a contract between a Medicaid managed care organization or its pharmacy benefit manager and a 340B covered entity entered into, amended, or renewed after July 1, 2022 shall be void and unenforceable. Effective July 1, 2022. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that a contract between a pharmacy benefit manager or third-party payer and a 340B entity or 340B pharmacy shall not contain specified provisions. Provides that a violation by a pharmacy benefit manager constitutes an unfair or deceptive act or practice in the business of insurance, and that a provision that violates the prohibition on certain provisions in a contract between a pharmacy benefit manager or a third-party payer and a 340B entity that is entered into, amended, or renewed after July 1, 2022 shall be void and unenforceable. In provisions concerning pharmacy benefit managers, provides that the provisions apply to contracts entered into or renewed on or after July 1, 2022 (rather than July 1, 2020). Defines terms. Amends the Illinois Public Aid Code. In provisions concerning pharmacy benefits, provides that a Medicaid managed care organization or pharmacy benefit manager administering or managing benefits on behalf of a Medicaid managed organization shall not include specified provisions in a contract with a 340B entity or 340B pharmacy. Provides that a provision that violates the prohibition on certain provisions in a contract between a Medicaid managed care organization or its pharmacy benefit manager and a 340B entity entered into, amended, or renewed after July 1, 2022 shall be void and unenforceable. Effective July 1, 2022.

Amends the School Code. Provides that a substitute teacher may teach up to 120 (instead of 90) school days for any one licensed teacher under contract in the same school year. Effective immediately. Senate Committee Amendment No. 1 Provides that substitute teachers may teach up to 120 school days beginning with the 2021-2022 school year through the 2022-2023 school year.

Amends the School Code. Requires the superintendent of an employing school board to notify the State Superintendent of Education and applicable regional superintendent of schools if the superintendent has reasonable cause to believe that a license holder committed an act of sexual misconduct that resulted in the license holder's dismissal or resignation from the school district. Requires a public or nonpublic school or independent contractor to conduct an employment history review of certain applicants for employment. Requires the governing body of each school district, charter school, or nonpublic school to adopt a policy under which notice concerning an alleged act of sexual misconduct between an educator and a student is provided to the parent or guardian of that student. Sets forth the information that must be included in the notice. Amends the Personnel Record Review Act. Specifies that provisions requiring an employer to review and delete records concerning disciplinary actions that are more than 4 years old do not apply to a school district sharing information related to an incident or attempted incident of sexual misconduct. Effective immediately. House Floor Amendment No. 2 Adds reference to: 105 ILCS 5/21B-75 105 ILCS 5/26A-30 Expands the provisions requiring the governing body of each school district, charter school, and nonpublic school to implement procedures for notice concerning an alleged act of sexual misconduct between an employee, agent, or contractor of the school and a student. Requires notice to be provided to the student prior to notification of the student's parents or guardian. In provisions concerning employment history review by a public or nonpublic school or contractor (instead of independent contractor) of certain applicants for employment, limits provisions to allegations or findings or sexual misconduct (rather than abuse or sexual misconduct). Requires an employer who has or had an employment relationship with an applicant to provide additional information about disclosed matters and records. Removes provision permitting a school or contractor from hiring an applicant on a provisional basis. Requires the State Board of Education to develop templates for employment history review. In provisions concerning confidentiality, permits disclosure to the parents or guardians of students of sexual misconduct between an employee, agent, or contractor of the school and the student. In provisions concerning suspension or revocation license, endorsement, or approval, adds sexual misconduct as grounds to initiate suspension or revocation. Changes the effective date to July 1, 2023 (rather than immediate). House Floor Amendment No. 3 Makes grammatical changes.

Declares June 12, 2022 as "Women's Veterans Day" to commemorate the day women were officially added as regular members of the United States military, to recognize the critical role of women in the military forces, and to commemorate the sacrifices and valor displayed by Illinois women veterans.

Congratulates the Rotary Club of Chicago Heights-Park Forest on the 100th anniversary of its founding.

Expresses support for the Clean Tech Economy Coalition's application to the BBB Regional Challenge and the intent to support the project with funding in the State budget.

Recognizes the Illinois State Police on its 100th anniversary. Commends the Illinois State Police for the high standards it has always maintained through numerous administrations and departments and for ISP's preeminence in law enforcement in the nation and the forward-looking objectives it has for the future. Thanks the officers and staff of the Illinois State Police for their service. Further wishes the ISP continued success.

Amends the School Code. With respect to the daily pupil attendance calculation, provides that instead of school improvement days with students in attendance a minimum of 3 clock hours, a school district may opt to have a school improvement day without students in attendance for up to 4 times in a given school year. Provides that each such day may be counted as a day of attendance, provided that a sufficient number of clock hours have been accumulated beyond the 5 clock hours per day that students would have been in session. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 105 ILCS 5/10-19.05 Adds reference to: 105 ILCS 5/10-20.56 105 ILCS 5/10-20.76 new 105 ILCS 5/24-6 105 ILCS 5/34-18.77 new 110 ILCS 305/125 new 110 ILCS 520/105 new 110 ILCS 660/5-215 new 110 ILCS 665/10-215 new 110 ILCS 670/15-215 new 110 ILCS 675/20-220 new 110 ILCS 680/25-215 new 110 ILCS 685/30-225 new 110 ILCS 690/35-220 new 110 ILCS 805/3-29.15 new Replaces everything after the enacting clause. Amends the School Code and various Acts relating to the governance of public universities and community colleges in Illinois. Requires school districts and the governing board of each public university and community college district to provide paid administrative leave to an employee for purposes related to COVID-19 under specified conditions. Provides that an employee of a school district or an institution of higher education who is on paid administrative leave must receive their regular rate of pay. Sets forth other requirements. For any school closure or use of an e-learning day that is related to COVID-19 guidance, mandates, or rules, requires a school district to pay to its educational support personnel and contractors their daily, regular rate of pay and benefits. Amends sick leave provisions of the School Code to require a district to return any sick leave used during the 2021-2022 school year by a teacher or employee for reasons related to the issuance of guidance, mandates, or rules related to COVID-19 and public health. Effective immediately. Senate Floor Amendment No. 3 Deletes reference to: 105 ILCS 5/10-20.76 new Adds reference to: 105 ILCS 5/10-20.82 new 105 ILCS 5/34-85e new Replaces everything after the enacting clause. Amends the School Code and various Acts relating to the governance of public universities and community colleges in Illinois. Requires school districts and the governing board of each public university and community college district to provide paid administrative leave to an employee for purposes related to COVID-19 under specified conditions. Provides that an employee of a school district or an institution of higher education who is on paid administrative leave must receive their regular rate of pay. Sets forth other requirements. For any school closure or use of an e-learning day that is related to COVID-19 guidance, mandates, or rules, requires a school district to pay to its educational support personnel and contractors their daily, regular rate of pay and benefits. Requires a school district to return any sick leave used during the 2021-2022 school year by a teacher or employee for reasons related to the issuance of guidance, mandates, or rules related to COVID-19 and public health. Effective immediately.