Rep. Larry Walsh

Recognizes the 100th anniversary of the Irving Athletic Club.

Amends the Illinois Enterprise Zone Act. With respect to new wind power facilities and Wind Energy Businesses, repeals language providing that (i) the penalties for failure to comply with the Prevailing Wage Act are limited to the penalties identified in the Prevailing Wage Act and (ii) the Department of Commerce and Economic Opportunity may not revoke a High Impact Business designation as a result of the failure to comply with the Prevailing Wage Act. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill. Further amends the Illinois Enterprise Zone Act. Provides that "new wind power facility" includes the replacement of an existing electric generation facility, including the demolition and removal of an electric generation facility irrespective of whether it will be replaced. Provides that a new wind power facility shall be deemed to include any permanent structures associated with the electric generation facility. Effective immediately.

Creates the Pembroke Township Natural Gas Investment Pilot Program Act. Directs the Department of Commerce and Economic Opportunity to create a pilot program for the distribution of grants for the construction of new natural gas pipelines and infrastructure in Pembroke Township. Requires applicants for grants to demonstrate that the grants will result in the construction of a new natural gas pipeline to provide natural gas to the residents of the township. Provides that the Department shall report annually to the Governor and General Assembly beginning in 2022 regarding cost estimates for the Pilot Program, recommendations for improvement to the Pilot Program, and a recommendation as to whether the Pilot Program should be continued. Amends the State Finance Act to create the Pembroke Township Natural Gas Investment Pilot Program Fund as a special fund in the State treasury. Amends the Public Utilities Act. Provides that a gas public utility may apply for a certificate of public convenience and necessity to increase its gas service territory and extend its gas distribution system to serve a designated hardship area. Provides that the Illinois Commerce Commission shall, after notice and hearing, grant a certificate of public convenience and necessity if, based upon the application filed with the Commission and the evidentiary record, the Commission finds that specified criteria are satisfied. Makes other changes. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Replaces provisions concerning the Pembroke Township Natural Gas Investment Pilot Program with language providing that the Department of Commerce and Economic Opportunity shall create the Pembroke Township Natural Gas Investment Pilot Program for a duration of 5 years. Provides that the Department shall distribute grants, subject to appropriation, from moneys in the Pembroke Township Natural Gas Investment Fund for the conversion of appliances to be compatible with natural gas. Provides that the Department shall adopt rules for the administration of the Program. Provides that, at a minimum, the rules shall require that the applicant for the grants demonstrate that the grants will result in the conversion of necessary equipment to have the ability to utilize natural gas. Provides that the rules shall allow for conversion grants awarded to residents of Pembroke Township and to Pembroke Township to provide assistance for the use of natural gas and shall ensure that the applicant complies with all other requirements of the rules. In provisions amending the Public Utilities Act, makes changes concerning what a gas public utility applying for a certificate of public convenience and necessity shall include in the application and the criteria the Illinois Commerce Commission shall consider in granting the certificate. Effective immediately.

Amends the Illinois Insurance Code. Provides that every insurer that amends, delivers, issues, or renews a group or individual policy of accident and health insurance or a qualified health plan offered through the health insurance marketplace in the State and Medicaid managed care organizations providing coverage for hospital or medical treatment shall provide coverage for medically necessary treatment of mental, emotional, nervous, or substance use disorders or conditions. Provides that an insurer shall not limit benefits or coverage for medically necessary services on the basis that those services should be or could be covered by a public program. Provides that an insurer shall base any medical necessity determination or the utilization review criteria on current generally accepted standards of mental, emotional, nervous, or substance use disorder or condition care. Provides that in conducting utilization review of covered health care services and benefits for the diagnosis, prevention, and treatment of mental, emotional, and nervous disorders or conditions in children, adolescents, and adults, an insurer shall exclusively apply the criteria and guidelines set forth in the most recent versions of the treatment criteria developed by the nonprofit professional association for the relevant clinical specialty. Provides that an insurer shall not apply different, additional, conflicting, or more restrictive utilization review criteria than the criteria and guidelines set forth in the treatment criteria. Provides that the Director may, after appropriate notice and opportunity for hearing, assess a civil penalty between $5,000 and $20,000 for each violation. Amends the Health Carrier External Review Act. Provides that the independent review organization shall comply with specified requirements for an adverse determination or final adverse determination involving mental, emotional, nervous, or substance use disorders or conditions. Makes other changes. Effective immediately. House Floor Amendment No. 1 In provisions concerning mental and emotional disorders, provides that an insurer shall not set a specific limit on the duration of benefits or coverage of medically necessary treatment of mental, emotional, nervous, or substance use disorders or conditions or limit coverage only to alleviation of the insured's current symptoms. Provides that nothing shall require the insurer to cover a treatment when the authorization was granted based on a material misrepresentation by the insured, the policyholder, or the provider. Provides that an insurer may apply specified utilization review criteria to health care services and benefits for mental, emotional, and nervous disorders or conditions that are outside the scope of specified criteria and guidelines or relate to advancements in technology or types of care that are not covered in the most recent versions of specified sources. Provides that if the Director of Insurance determines that an insurer has violated the provisions, the Director may assess a civil penalty between $1,000 and $5,000 for each violation (rather than between $5,000 and $20,000). Removes language that provides that changes in terminology, organization, or classification of mental, emotional, nervous, substance use disorder or condition in future versions of specified publications shall not affect the conditions covered by provisions concerning mental and emotional disorders as long as a condition is commonly understood to be a mental, emotional, nervous, or substance use disorder or condition by health care providers practicing in relevant clinical specialties. Removes language that provides that an insurer shall not limit benefits or coverage for mental, emotional, nervous, or substance use disorders or conditions to short-term or acute treatment at any level of placement. Makes other changes. Changes the effective date to January 1, 2022 (rather than an immediate effective date). Senate Committee Amendment No. 1 Adds reference to: 215 ILCS 5/370c.1 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Provides that every insurer that amends, delivers, issues, or renews a group or individual policy of accident and health insurance or a qualified health plan offered through the health insurance marketplace in the State and Medicaid managed care organizations providing coverage for hospital or medical treatment shall provide coverage for medically necessary treatment of mental, emotional, nervous, or substance use disorders or conditions on or after January 1, 2023 (rather than January 1, 2022). Provides that an insurer or Medicaid managed care organization shall not be required to pay for services if the individual was not the insurer's enrollee or eligible for Medicaid at the time the service was rendered. Provides that an insurer shall not be required to cover benefits that have been authorized and provided for a covered person by a public entitlement program. Provides that for medical necessity determinations (rather than in conducting utilization review of covered health care services and benefits) relating to level of care placement, continued stay, and transfer or discharge of insureds diagnosed with mental, emotional, and nervous disorders or conditions, insurers and Medicaid managed care organizations shall apply specified patient placement criteria. Makes various changes to provisions concerning requirements for insurers regarding education of the insurer's staff and other stakeholders, publishing of utilization review criteria, and documentation of interrater reliability testing and remediation actions. Further amends the Illinois Insurance Code. In provisions concerning mental, emotional, nervous, or substance use disorder or condition parity, provides that not later than January 1 (rather than August 1) of each year, the Department of Insurance shall issue a joint report to the General Assembly and provide an educational presentation to the General Assembly. Removes language that provides that insurers shall base the duration of treatment on the insured's individual needs; that an insurer shall only engage applicable qualified providers in the treatment of mental, emotional, nervous, or substance use disorders or conditions or the appropriate subspecialty and who possess an active professional license or certificate to review, approve, or deny services; and that every insurer shall sponsor a formal education program by nonprofit clinical specialty associations. Makes other changes. Effective January 1, 2022, except that specified provisions take effect immediately.

Amends the Fire Protection District Act. Provides that, before a fire protection district may close a fire station or dissolve the district, a response-time study must be conducted that shows, at a minimum, estimated response times to the territory currently served by the fire station or district and estimated response times to that territory after closure of the fire station or district. Requires a response-time study before any territory may be involuntarily disconnected or consolidated with another fire protection district or municipal fire department.

Amends the State Employee Health Savings Account Law. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 5 ILCS 377/10-1 Adds reference to: New Act 20 ILCS 2605/2605-615 new 725 ILCS 5/111-9 new 725 ILCS 202/50 Replaces everything after the enacting clause. Creates the Forensic Laboratory Impact Note Act. Creates the Forensic Laboratory Impact Note. Provides that every bill, the purpose or effect of which is to increase or decrease the number of crime laboratories, increase or decrease the cost of operating crime laboratories, or alter any process involving or used by crime laboratories, either directly or indirectly, shall have prepared for it prior to second reading in the house of introduction a brief explanatory statement of the estimated total annual cost of such changes to the State and units of local government affected by those changes (if any). Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Creates the Illinois Forensic Science Commission. Provides that the Commission shall provide guidance to ensure the efficient delivery of forensic services and the sound practice of forensic science. Provides for the membership, meetings, duties, and reporting of the Commission. Amends the Illinois Procurement Code. Provides for the appointment of a chief procurement officer for publicly-funded forensic laboratories. Amends the Code of Criminal Procedure of 1963. Provides that upon disposition, withdrawal, or dismissal of any charge, the State's Attorney shall promptly notify the forensic laboratory or laboratories in possession of evidence, reports, or other materials or information related to that charge. Provides that a forensic scientist who is employed by or is contracted with the Division of Forensic Services of the Illinois State Police may complete a deposition by video conference or other electronic means. Amends the Sexual Assault Evidence Submission Act. Provides that the Illinois State Police may (rather than shall) develop rules to implement a sexual assault evidence tracking system. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 5 ILCS 377/10-1 Adds reference to: 20 ILCS 2605/2605-615 new 725 ILCS 5/111-9 new 725 ILCS 202/50 Replaces everything after the enacting clause. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Creates the Illinois Forensic Science Commission and provides for membership and duties for the commission. Provides for reporting by publicly funded forensic laboratories of non-conformities with the efficient delivery of forensic services. Amends the Code of Criminal Procedure of 1963. Provides for notification by the State's Attorney to forensic laboratories under specified circumstances. Amends the Sexual Assault Evidence Submission Act. Provides that the Department of State Police may, rather than shall, develop rules to implement a sexual assault evidence tracking system. Makes other changes. Adds an immediate effective date provision.

Amends the Downstate Teacher Article of the Illinois Pension Code. Allows a member to establish optional credit for up to 2 years of service as a teacher or administrator employed by a private school recognized by the Illinois State Board of Education, provided that the teacher (i) was certified under the law governing the certification of teachers at the time the service was rendered, (ii) applies in writing on or before June 30, 2023, (iii) supplies satisfactory evidence of the employment, (iv) completes at least 10 years of contributing service as a teacher, and (v) pays the required contribution. Effective immediately. House Floor Amendment No. 2 Adds reference to: 40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Further amends the Downstate Teacher Article of the Illinois Pension Code. In a provision that requires an employer to make an additional contribution to the System for certain salary increases greater than 6%, excludes salary increases resulting from teaching summer school on or after May 1, 2021 and before September 15, 2022. Effective immediately. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 1646, as amended by HA 2, would reopen a window for teachers to apply for optional service credit for work done in approved private schools as teachers and administrators. The Teachers' Retirement System reports having 3,463 members who have applied for this private school credit in previous window openings, as described below. TRS estimates that the fiscal impact of this bill would be low, as the member must pay both the member and employer contributions, plus the actuarially assumed rate of interest to take advantage of this credit. The fiscal impact to TRS as a result of exempting summer school teaching from the 6% Final Average Salary Cap is unknown, as it is not known how many teachers would accrue pensionable salary in excess of 6% from the previous school year with the same employer via summer school teaching rendered between May 1, 2021 and September 15, 2022. Fiscal Note, House Floor Amendment No. 2 (Teachers Retirement System) Actuarial cost impact. SB 1646 as amended would have an unknown impact to TRS. Changes allowing optional service purchase under the bill are designed to be fully paid for by the related member contributions. Changes in required school district contributions would likely create some additional cost to the State of Illinois, but the total cost cannot be calculated without knowing the actual behavior of individual school districts and employees. Administrative cost impact. Administering the provisions of this bill would not increase the administrative costs ofTRS.

Creates the Fire and Smoke Damper Inspection Act. Requires inspections and testing of HVAC fire dampers and smoke dampers to be conducted by individuals certified by the International Certification Board and Accredited to comply with specified requirements. Provides that (1) fire damper and smoke damper inspections and testing shall be conducted by inspectors certified by the International Certification Board and accredited by specified entities and (2) inspectors shall certify that all fire and smoke dampers inspected meet the standards established in the current International Fire Code adopted by the State of Illinois and the authority having jurisdiction. House Floor Amendment No. 1 Provides that inspectors shall certify that all fire and smoke dampers inspected meet the standards established in the applicable code or codes adopted by any authority having jurisdiction (rather than established in the current International Fire Code adopted by the State of Illinois and the authority having jurisdiction). House Floor Amendment No. 2 Provides an exemption for facilities licensed by the federal Nuclear Regulatory Commission under specified federal provisions and for employees of those facilities while engaged in the performance of their official duties.

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 Nursing Home Care Act and the Hospital Licensing Act. Upon request, requires long-term care facilities and hospitals to facilitate at least one phone call or video call between a resident or patient and a family member of the resident or patient each day during a pandemic or other public health emergency. Effective immediately. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Nursing Home Care Act. Provides that, upon request, a facility shall make every reasonable effort to facilitate at least one phone call or video call between a resident and a single family member of the resident each day during a disaster declared by the Governor under the Illinois Emergency Management Agency Act, unless doing so could pose a danger to residents or staff or redirect resources away from direct resident care and protection. Amends the Hospital Licensing Act. Provides that during a pandemic or other public health emergency, a hospital licensed under the Act shall develop and implement a contact policy to encourage patients' ability to engage with family members throughout the duration of the pandemic or other public health emergency, including through the use of phone calls, videos calls, or other electronic mechanism. Effective immediately.