Rep. Dee Avelar

Amends the Illinois Insurance Code to provide that a group or individual policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2023 shall provide coverage for continuous glucose monitors. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Medical Assistance Article of the Illinois Public Aid Code. Senate Floor Amendment No. 1 Deletes reference to: 215 ILCS 5/356z.43 new Adds reference to: 215 ILCS 5/356z.53 new Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2024 (rather than 2023) shall provide coverage for medically necessary continuous glucose monitors for individuals who are diagnosed with type 1 or type 2 diabetes and require insulin for the management of their diabetes (rather than provide coverage for continuous glucose monitors).

Creates the Human Service Professional Loan Repayment Program Act. Creates the Human Service Professional Loan Repayment Program, which shall be administered by the Illinois Student Assistance Commission, to provide loan repayment assistance to eligible direct service professionals practicing in a community-based, human service agency that contracts with or is grant funded by a State agency. Contains provisions concerning applications, award amounts, eligibility and work requirements, and rules. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Provides that the program's provision of loan repayment assistance is subject to appropriation, and makes a related change. Corrects grammatical errors, including changing references from "human service" to "human services". Adds an effective date of January 1, 2023, and makes a related change. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by Senate Amendment No. 1 with the following changes. Removes the definition of eligible applicant. Changes the definition of professional to an individual employed by a human service agency that contracts with or is grant-funded by a State agency for specified purposes. Removes the requirement of a qualified program to be in the human services field for the purpose of training and preparing students to be human service professionals. Changes references from a direct service professional to a human service professional or a professional. Removes as eligibility criteria being a United States citizen or eligible noncitizen and holding a degree from a qualified program. Requires an applicant to remain a full-time employee as a human service professional in the same community-based human service agency for at least 12 months after receiving the grant (instead of remain a full-time employee as a human service professional in a community-based human service agency at least 12 months after receiving the grant). Removes provisions concerning repayment of grant or stipend funds if the professional does not complete a required period of employment as a human service professional. Effective January 1, 2023.

Creates the Drug Take-Back Act. Requires covered manufacturers to, no later than July 1, 2022 or 6 months after becoming a covered manufacturer, whichever is later, participate in an approved drug take-back program or have established and implemented a drug take-back program independently or as part of a group of covered manufacturers. Provides requirements for the drug take-back program and for manufacturer program operators. Requires each manufacturer program operator to submit a proposal for the establishment and implementation of a drug take-back program to the Environmental Protection Agency for review and approval. Contains provisions regarding changes or modifications to drug take-back programs, promotion of drug take-back programs, annual reports, funding, and reimbursement. Requires covered manufacturers and manufacturer program operators to submit an annual $5,000 registration fee. Specifies civil penalties for violation of the Act. Preempts home rule powers. Contains other provisions. Amends the Freedom of Information Act. Provides that proprietary information submitted to the Environmental Protection Agency under the Drug Take-Back Act is exempt from inspection and copying under the Act. Effective immediately. House Committee Amendment No. 1 Adds reference to: 415 ILCS 5/22.15 from Ch. 111 1/2, par. 1022.15 415 ILCS 5/22.55 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that each covered manufacturer must, beginning January 1, 2024 (rather than no later than July 1, 2022) or 6 months after becoming a covered manufacturer, individually or collectively implement (rather than participate in) an approved drug take-back program. Requires a drug take-back program to provide for the collection, transportation, and disposal of covered drugs. Provides that specified requirements shall be undertaken by a drug take-back program or a covered manufacturer (rather than a manufacturer program operator). Requires the Environmental Protection Agency to review all proposals in conjunction with one another to ensure the proposals are coordinated to achieve authorized collection site coverage. Requires the Agency to either approve, reject, or approve with modification a proposal within 90 days after receiving it. Requires drug take-back program promotion to be implemented by all drug take-back programs collectively. Provides that a manufacturer program operator shall (rather than may) allocate administration and operation costs of programs to participating covered manufacturers. Requires each covered manufacturer and manufacturer program operator to register with the Agency and submit the registration fee by January 1, 2023 (rather than April 1, 2022), and by January 1 (rather than April 1) of each year thereafter. Removes language requiring penalties collected under the Act to be used in accordance with the Act's provisions. Removes language allowing the Agency to impose a civil penalty for a violation of the Act of $7,000 per violation per day. Makes other changes. Amends the Environmental Protection Act. Provides that moneys in the Solid Waste Management Fund shall be used for the administration of the Drug Take-Back Act. Removes provisions requiring the Agency to (1) develop and implement a public information program regarding household waste drop-off points that accept pharmaceutical products, as well as mail-back programs; (2) develop a sign that provides information on the proper disposal of unused pharmaceutical products; and (3) establish, by rule, a statewide medication take-back program by June 1, 2016 to ensure that there are pharmaceutical product disposal options regularly available for residents across the State. Makes other changes. Effective immediately. House Floor Amendment No. 2 Provides that "covered drug" means, among other things, a drug. Makes a typographical change. Senate Committee Amendment No. 1 In provisions of the Drug Take-Back Act, makes the following changes. Provides that "covered drug" does not include drugs sold at retail as a unit dose package or homeopathic drugs. Makes changes to the definition of "proprietary information". Provides that program promotion requirements do not apply to any drug take-back program established prior to the Act's effective date that provides promotional or educational materials to the public about the proper collection and management of covered drugs. Provides that each covered manufacturer and covered manufacturer program operator shall submit a registration fee of $2,500 (rather than $5,000). Senate Committee Amendment No. 2 Removes language providing that the definition of "covered manufacturer" does not include a pharmacy. Provides that private label distributors and repackagers are not covered manufacturers. Senate Floor Amendment No. 3 Requires the Environmental Protection Agency to provide a 30-day public comment period on drug take-back program proposals and revised proposals during specified 90-day periods. Provides that the reason for the Agency's rejection of a drug take-back program proposal must be provided in the written notification to the manufacturer program operator.

Amends the Health Care Worker Background Check Act. Provides that individuals acting as an allied health professional shall be included on the Health Care Worker Registry. Provides that the Health Care Worker Registry shall include the individual's name, current address, and Social Security number or federal taxpayer identification number (rather than Social Security number only), the date and location of the training course completed by the individual, whether the individual has any disqualifying convictions from the date of the training course completed by the individual, and the date of the individual's last criminal records check. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the introduced bill and makes the following change. Removes the provision that provides that allied health professionals shall be included on the Health Care Worker Registry.

Amends the Military Code of Illinois. Provides that when any Illinois resident dies while on State Active Duty, the Adjutant General, the Assistant Adjutant General for Army, or the Assistant Adjutant General for Air shall present one State flag of Illinois to the next of kin of the deceased who receives the United States burial flag, or that person's designee, as soon as is practicable. Senate Committee Amendment No. 1 Provides that a representative designated by the Adjutant General, in addition to the Adjutant General, the Assistant Adjutant General for Army, or the Assistant Adjutant General for Air, may (instead of shall) present one State flag of Illinois to the next of kin of a deceased member of the Illinois National Guard or a deceased resident of Illinois who receives the United States burial flag.

Amends the Autism Spectrum Disorders Reporting Act. Provides that, no later than December 31st of each year, the Department of Human Services shall submit a report to the General Assembly regarding access to applied behavior analysis therapy for people diagnosed with autism spectrum disorders. Requires the Department of Healthcare and Family Services and the Department of Insurance to provide all necessary data upon request to the Department of Human Services to facilitate the timely and accurate completion of the report. Sets forth information that the report shall include. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Autism Spectrum Disorders Reporting Act. Provides that, no later than December 31st of each year, the Department of Healthcare and Family Services shall submit a report to the General Assembly regarding access to applied behavior analysis therapy for people diagnosed with autism spectrum disorder. Requires the Report to include specified information. House Committee Amendment No. 1 Adds reference to: 410 ILCS 201/33 new Replaces everything after the enacting clause. Amends the Autism Spectrum Disorders Reporting Act. Provides that, by no later than December 31 of each year, covering the State fiscal year immediately preceding that date, the Department of Healthcare and Family Services shall submit a report to the General Assembly regarding access to applied behavior analysis therapy for persons diagnosed with autism spectrum disorder. Requires the report to include specified information. Requires the Department of Public Health to develop and distribute education and outreach materials, developed to address common literacy levels, that will inform and educate parents of children with autism spectrum disorder who are enrolled in Medicaid and eligible to receive relevant services and explain how to access those services.

Amends the School Code. Adds a provision that any parent who is deaf, or does not normally communicate using spoken English, who participates in a meeting with a representative of a local educational agency for the purposes of developing an individualized educational program, or attends a multidisciplinary conference, a 504 mediation session, or a due process hearing (instead of just a meeting with a representative of a local educational agency for the purposes of developing an individualized educational program) shall be entitled to the services of an interpreter. Requires the State Board of Education to adopt rules to implement the provisions. Effective immediately. House Committee Amendment No. 1 Replaces references to a 504 mediation session with references to a 504 meeting and a mediation session for when a parent is entitled to the services of an interpreter. Senate Floor Amendment No. 1 Adds reference to: 105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01 105 ILCS 5/14-8.02a Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: In provisions concerning notification of services under Section 504 of the federal Rehabilitation Act of 1973, provides that the notice shall also state that any parent who is deaf or does not typically communicate using spoken English and who participates in a Section 504 meeting with a representative of a local educational agency shall be entitled to the services of an interpreter. Removes the amendatory language that provides that those who attend a 504 meeting, a mediation session, or a due process hearing shall be entitled to the services of an interpreter. Provides that at all stages of an impartial due process hearing or mediation, the hearing officer or mediator shall require that interpreters licensed pursuant to the Interpreter for the Deaf Licensure Act of 2007 be made available by the school district for persons who are deaf or qualified interpreters be made available by the school district for persons whose normally spoken language is other than English (rather than providing that at all stages of an impartial due process hearing, the hearing officer shall require that interpreters be made available by the school district for persons who are deaf or for persons whose normally spoken language is other than English). Effective immediately.

Creates the Park District and Public Utility Liability Act. Provides that provisions in, or in connection with, a land lease agreement between an electric public utility and a park district that require a lessee park district to indemnify or hold harmless the lessor public utility against liability for damages arising out of bodily injury to persons or damage to property proximately caused by or resulting from the negligence of the lessor is against public policy, void, and unenforceable. Provides that nothing in the Act shall prevent or prohibit a contract, promise, or agreement for a lessor to indemnify or hold harmless any lessee against liability for damages resulting from the sole negligence of the lessor. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Removes the word electric from the definition of "lessor." To the definition of "park district", adds forest preserve districts, conservation districts, and other local public entities that have recreation departments or facilities and have leases with lessors. Provides that waivers of subrogation are against public policy. House Floor Amendment No. 1 Provides that provisions in, or in connection with, a land lease agreement between a public utility (rather than an electric public utility) and a park district that require a lessee park district to indemnify or hold harmless the lessor public utility against liability for damages arising out of bodily injury to persons or damage to property proximately caused by or resulting from the negligence of the lessor is against public policy, void, and unenforceable.

Amends the Pharmacy Practice Act. Provides that the definition of "practice of pharmacy" includes the initiation, dispensing, or administration of drugs, laboratory tests, assessments, referrals, and consultations for human immunodeficiency virus pre-exposure prophylaxis and human immunodeficiency virus post-exposure prophylaxis. Provides that as applicable to the State's Medicaid program and other payers, patient care services ordered and administered by a pharmacist shall be covered and reimbursed at no less than 85% of the rate that the services are covered and reimbursed when ordered or administered by physicians. Provides that a pharmacist shall provide patient care services for human immunodeficiency virus pre-exposure prophylaxis and human immunodeficiency virus post-exposure prophylaxis to a patient after satisfying specified requirements. Amends the Illinois Public Aid Code. Provides that specified provisions concerning coverage of patient care services provided by a pharmacist shall apply to all patient care services provided by a pharmacist (rather than patient care services for hormonal contraceptives assessment and consultation only). Effective immediately. House Floor Amendment No. 1 Deletes reference to: 225 ILCS 85/43 Adds reference to: 210 ILCS 25/7-101 from Ch. 111 1/2, par. 627-101 210 ILCS 25/7-102 from Ch. 111 1/2, par. 627-102 215 ILCS 5/356z.1a new 225 ILCS 85/9 from Ch. 111, par. 4129 225 ILCS 85/43.5 new Replaces everything after the enacting clause. Amends the Pharmacy Practice Act. Provides that in accordance with a standing order by a physician licensed to practice medicine in all its branches or the medical director of a county or local health department, a pharmacist may provide patients with prophylaxis drugs for human immunodeficiency virus pre-exposure prophylaxis or post-exposure prophylaxis. Provides that a pharmacist may provide initial assessment and dispensing of prophylaxis drugs for human immunodeficiency virus pre-exposure prophylaxis or post-exposure prophylaxis. Contains requirements for the standing order. Provides that a pharmacist must communicate the services provided under the provisions to the patient and the patient's primary health care provider or other health care professional or clinic, if known. Provides that if there is no primary health care provider provided by the patient, then the pharmacist must give a list of primary health care providers or clinics in the area. Provides that a pharmacist shall complete an educational training program accredited by the Accreditation Council for Pharmacy Education or Department of Financial and Professional Regulation related to human immunodeficiency virus pre-exposure prophylaxis and human immunodeficiency virus post-exposure prophylaxis. Makes conforming and other changes. Makes corresponding changes in the Illinois Clinical Laboratory and Blood Bank Act. Amends the Illinois Insurance Code. Provides that an insurance carrier or third-party payor shall reimburse a pharmacist or other health care professional for dispensing HIV prophylaxis medications and providing other services to a covered person in accordance with the current version of the guidelines of the Centers for Disease Control and Prevention and the United States Preventive Services Task Force. Provides that reimbursement shall provide an adequate consultation fee or, if medical billing is not available, an enhanced dispensing fee that is equivalent to 85% of the fees for services provided by an advanced practice registered nurse or physician. Amends the Illinois Public Aid Code. Provides that services provided by the pharmacist under the provisions concerning HIV prophylaxis in the Pharmacy Practice Act shall be covered and reimbursed at no less than 85% of the rate that the services are reimbursed when provided by a physician. Makes other changes. Effective January 1, 2023. Senate Committee Amendment No. 1 Deletes reference to: 215 ILCS 5/356z.1a new Adds reference to: 215 ILCS 5/356z.45 Provides that a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2023 shall provide coverage for health care or patient care services provided by a pharmacist if the pharmacist meets the requirements and scope of practice as set forth in provisions concerning HIV prophylaxis of the Pharmacy Practice Act (instead of a provision providing that an insurance carrier or third-party payor shall reimburse a pharmacist or other health care professional for dispensing HIV prophylaxis drugs and providing services under provisions concerning HIV prophylaxis of the Pharmacy Practice Act to a covered person in accordance with the current version of the guidelines of the Centers for Disease Control and Prevention and the United States Preventive Services Task Force).

Amends the Nursing Home Care Act. Provides that residents shall have the right to be treated with courtesy and respect for their individuality by employees or persons providing medical services or care, and shall have their human and civil rights maintained in all aspects of medical care. Provides that all applicable rights under the Medical Patient Rights Act apply to residents under the Act. Provides that residents shall not perform labor or services for a facility unless those activities are included for therapeutic purposes and appropriately goal-related in the resident's individual medical record. Provides that every acute care inpatient facility, community-based residential program, and facility employing more than 2 people that provide outpatient mental health services shall have a written internal grievance procedure that, at a minimum: (1) sets forth the process to be followed; (2) specifies time limits, including time limits for facility response; (3) provides for the patient to have the assistance of an advocate; (4) requires a written response to written grievances; and (5) provides for a timely decision by an impartial decision maker if the grievance is not otherwise resolved. Makes other changes. Senate Committee Amendment No. 1 Adds reference to: 210 ILCS 45/2-100 new Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Adds provisions regarding the legislative purpose of the Act and the public policy of the State. Removes language providing that: (1) all residents shall have the right to be treated with courtesy and respect for their individuality by employees or persons providing medical services or care, and shall have their human and civil rights maintained in all aspects of medical care; (2) employees and persons providing medical services or care must have up-to-date certification, licensure, and training pursuant to applicable Illinois law; (3) a resident shall have his or her basic human needs accommodated in a timely manner; (4) a resident has the right to maintain his or her autonomy as much as possible, to be a curious and self-actualizing individual, and to engage in intellectual, self-actualizing creative endeavors; and (5) all applicable rights under the Medical Patient Rights Act apply to all residents under the Act. Provides that every facility (rather than every acute care inpatient facility, community-based residential program, and facility that employs more than 2 people who provide outpatient mental health services) shall have a written internal grievance procedure. Makes changes concerning the criteria for the grievance procedure. Removes language requiring the notice of grievance procedure to include contact information for the Department of Public Health and the area nursing home ombudsman pursuant to specified federal provisions. Makes other changes. Senate Floor Amendment No. 5 Deletes reference to: 210 ILCS 45/2-100 new 210 ILCS 45/2-104 from Ch. 111 1/2, par. 4152-104 Adds reference to: 210 ILCS 45/2-113 from Ch. 111 1/2, par. 4152-113 210 ILCS 45/3-209 from Ch. 111 1/2, par. 4153-209 Replaces everything after the enacting clause. Amends the Nursing Home Care Act. Provides that residents shall have the right to be treated with courtesy and respect for their individuality by employees or persons providing medical services or care and shall have their human and civil rights maintained in all aspects of medical care. Provides that residents shall not perform labor or services for a facility unless those activities are included for therapeutic purposes and appropriately goal-related in the resident's individual medical record. Provides that every facility shall have a written internal grievance procedure that, at a minimum: (1) sets forth the process to be followed; (2) specifies time limits, including time limits for facility response; (3) informs residents of their right to have the assistance of an advocate; (4) provides for a timely response by an impartial decision maker if the grievance is not otherwise resolved; (5) requires the facility to follow applicable State and federal requirements for responding to and reporting any grievance alleging potential abuse, neglect, misappropriation of resident property, or exploitation; and (6) requires the facility to keep a copy of all grievances, responses, and outcomes for 3 years and provide the information to the Department of Public Health upon request. Requires a facility to post specified information concerning rights protection services and where complaints may be lodged. Provides that a facility shall include a link to the Long-Term Care Ombudsman Program's website on the home page of the facility's website. Makes other changes.