Rep. Dee Avelar

Creates the Opioid Overdose Reduction Act. Provides that the Act may be referred to as Alex's Law. Provides that a person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an opioid overdose shall not be charged or prosecuted for possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if certain conditions are met. Provides that a person who is experiencing an overdose shall not be charged or prosecuted for possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if evidence for the possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance. Provides that a person's pretrial release, probation, furlough, supervised release, or parole shall not be revoked based on an incident for which the person would be immune from prosecution under the provisions. Effective August 16, 2021. Senate Committee Amendment No. 2 Deletes reference to: New Act Adds reference to: 720 ILCS 570/414 Replaces everything after the enacting clause. Creates the Opioid Overdose Reduction Act. Provides that the Act may be referred to as Alex's Law. Amends the Illinois Controlled Substances Act. In a provision concerning overdose and limited immunity, provides that specified violations must not serve as the sole basis of a violation of parole, mandatory supervised release, probation, conditional discharge, a person's pretrial release, or furlough, or any seizure of property under any State law authorizing civil forfeiture so long as the evidence for the violation was acquired as a result of the person seeking or obtaining emergency medical assistance in the event of an overdose. Effective January 1, 2022.

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 School Code to require a high school to include in its curriculum a unit of instruction about the process of naturalization by which a foreign citizen or foreign national becomes a U.S. citizen. Provides that the course of instruction shall include content from the components of the naturalization test administered by the U.S. Citizenship and Immigration Services. Provides that each school board shall determine the minimum amount of instructional time required. Effective immediately. House Floor Amendment No. 1 Provides that every public high school may include (rather than shall include) in its curriculum a unit of instruction on the process of naturalization.

Amends various Acts relating to the governance of public universities and community colleges in Illinois. Beginning with the 2022-2023 academic year, requires the governing board of each public university and community college district to designate an employee as a Dream Resource Liaison to be available on campus to provide assistance to students who lack proper authorization to be in the United States in streamlining access to all available financial aid and academic opportunities. Sets forth other provisions concerning the liaison. Encourages each governing board to establish a Dream Resource Center on each of its campuses to offer support services, including, but not limited to, State, federal, and other financial aid assistance, academic counseling, peer support services, psychological counseling, referral services, and legal services. Sets forth other provisions concerning the center. Effective July 1, 2021. House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends various Acts relating to the governance of public universities and community colleges in Illinois. Beginning with the 2022-2023 academic year, requires the governing board of each public university and community college district to designate an employee as an Undocumented Student Resource Liaison to be available on campus to provide assistance to undocumented students and mixed status students within the United States in streamlining access to financial aid and academic support to successfully matriculate to degree completion. Sets forth other provisions concerning the liaison. Encourages each governing board to establish an Undocumented Student Resource Center on each of its campuses to offer support services, as well as mental health counseling options. Sets forth other provisions concerning the center. Effective July 1, 2021.

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to administer an annual survey, which shall be named the Healthy Illinois Survey. Provides that the Healthy Illinois Survey shall: (1) include interviews of a sample of State residents such that statistically reliable data for specified areas can be developed, as well as statistically reliable data on racial, ethnic, gender, age, and other demographic groups of State residents important to inform health equity goals; (2) be collected at the zip code level; and (3) include questions on a range of topics designed to establish an initial baseline public health data set and annual updates. Provides that, in developing the annual Healthy Illinois Survey, the Department shall consult with specified persons and entities with the goal of a comprehensive survey that will assist the State and other partners in developing the data to measure public health and health equity. Requires the Department to provide the results of the Healthy Illinois Survey in forms useful to cities, communities, local health departments, hospitals, and other potential users, including annually publishing on its website data at the most granular geographic and demographic levels possible while protecting identifying information. Requires the Department to produce periodic special reports and analyses relevant to ongoing and emerging health and social issues in communities and the State. House Committee Amendment No. 1 Adds reference to: 30 ILCS 500/1-10 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that the identity, or any group of facts that tends to lead to the identity, of any person whose condition or treatment is submitted to the Healthy Illinois Survey is confidential and shall not be open to public inspection or dissemination and is exempt from disclosure under the Freedom of Information Act. Provides that information for specific research purposes may be released in accordance with procedures established by the Department. Amends the Illinois Procurement Code. Provides that the Code shall apply regardless of the source of funds with which contracts are paid, including federal assistance moneys. Provides that, except as specifically provided in the Code, the Code shall not apply to procurement expenditures necessary for the Department of Public Health to conduct the Healthy Illinois Survey.

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.

Amends the Fair Patient Billing Act. Requires a hospital to proactively offer information on charity care options available to patients, regardless of their immigration status, health insurance, or residency, and to obtain the signature of a patient declining charity care if the patient does not intend to access financial assistance. Effective July 1, 2021. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Fair Patient Billing Act. Provides that a hospital shall proactively offer information on charity care options available to uninsured patients, regardless of their immigration status or residency. Effective on the first day of the first month immediately following 90 days after becoming law.

Amends the Automatic Contract Renewal Act. Provides that a consumer who accepts an automatic renewal or continuous service offer online shall be allowed to terminate the automatic renewal or continuous service exclusively online. Requires a business that makes an automatic renewal offer or continuous service offer online to provide a toll-free telephone number, electronic mail address, a postal address if the seller directly bills the consumer, or another cost-effective, timely, and easy-to-use mechanism for cancellation.

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 Counties Code. Provides that, in counties with a population over 3,000,000, the Public Defender, without fee or appointment and with the approval of the county board, may act as attorney to noncitizens in immigration cases related to or resulting from an underlying court matter in which the Public Defender served as attorney before he or she became the Public Defender. Provides that representation by the Public Defender in immigration cases is limited to those arising in immigration courts located within the geographical boundaries of the county where the Public Defender has been appointed to office unless the board authorizes the Public Defender to provide representation outside the county. House Committee Amendment No. 1 Deletes reference to: 55 ILCS 5/3-4004.2 55 ILCS 5/3-4004.5 new Adds reference to: 55 ILCS 5/3-4006 from Ch. 34, par. 3-4006 Replaces everything after the enacting clause. Amends the Counties Code. Provides that, in counties with a population over 3,000,000, the public defender, without fee or appointment and with the concurrence of the county board, may act as attorney to noncitizens in immigration cases. Provides that representation by the public defender in immigration cases shall be limited to those arising in immigration courts located within the geographical boundaries of the county where the public defender has been appointed to office unless the board authorizes the public defender to provide representation outside the county.