Rep. Sue Scherer

Amends the Accident and Health Insurance Article of the Illinois Insurance Code. In provisions concerning contracting procedures, replaces language concerning changes to the fee schedule with language providing that an insurer, health maintenance organization, independent practice association, or physician hospital organization shall provide all contracted health care professionals or health care providers with notice of any changes to the fee schedule at least 90 days before the effective date of the change, that the right to advance notice of changes to the fee schedule cannot be waived by the health care professional or provider, and that changes to the fee schedule cannot be applied retroactively from the effective date of the changes. Provides that if the changes to the fee schedule include a reduction in fees greater than 3% of the Medicare rate established for the current calendar year, the health care professional or health care provider may propose alternative changes to the fee schedule. Provides that any changes to the fee schedule must be final at least 30 days before the effective date of the changes. Provides that fee schedule information must be provided directly to the contracted health care professional or health care provider (rather than may be made available) by mail, e-mail, or telephone, and that this information may also be provided by newsletter, website listing, or other reasonable method. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that, beginning January 1, 2023, with respect to nonroutine changes to the fee schedule, the insurer, health maintenance organization, independent practice association, or physician hospital organization shall provide all contracted health care professionals or health care providers impacted by the nonroutine change with notice of the change at least 60 days before the effective date of the change, that the right to advance notice of nonroutine changes to the fee schedule may not be waived by the health care professional or provider, and that, for nonroutine changes, the information directing the health care professional or health care provider to the information provided by newsletter, website listing, or other reasonable method shall be provided by email or, if requested by the health care professional or health care provider, by mail. Defines "nonroutine change". Senate Floor Amendment No. 1 Provides that health maintenance organizations that provide or arrange for and pay or reimburse for the cost of any health care services for persons who are enrolled in the medical assistance programs under the Illinois Public Aid Code shall comply with provider notification requirements established by the Department of Healthcare and Family Services.

Amends the School Code. Provides that all school boards shall waive fees assessed by the district for each student with a parent who is a veteran with an income at or below 200% of the federal poverty level. Effective immediately. Senate Committee Amendment No. 1 Provides that all school boards shall waive fees assessed by the district for each student with a parent who is a veteran or active duty military personnel (only veteran in the introduced bill) with an income at or below 200% of the federal poverty level.

Amends the State Treasurer Act. Makes a technical change in a Section concerning bond. House Floor Amendment No. 1 Deletes reference to: 15 ILCS 505/1 Adds reference to: 20 ILCS 1305/1-75 new 30 ILCS 105/5.970 new Replaces everything after the enacting clause. Amends the Department of Human Services Act. Provides that the amendatory Act may be referred to as the First Responders Child Care Act. Provides that subject to appropriation, the Department of Human Services shall establish and administer an Off-Hours Child Care Grant Program to provide grants to licensed child care facilities to expand their program of services to include off hours, night, or sleep time child care for first responders and third shift workers who, on account of their work schedule, need child care outside of the hours when licensed child care facilities typically operate. Provides that services funded under the grant program must address the child care needs of first responders. Provides that grants provided under the program may also be used to cover any capital and operating expenses related to the provision of off-hours, night, or sleep time child care for first responders. Requires child care facilities seeking funding under the grant program to apply to the Department in a form and manner prescribed by the Department. Requires the Department to implement the grant program by the date the Child Care Advisory Council submits its final report to the General Assembly as provided under Senate Resolution 862 of the 102nd General Assembly or by December 31, 2022, whichever is earlier. Permits the Department to adopt any rules necessary to implement the program. Defines "first responders" to mean emergency medical services personnel as defined in the Emergency Medical Services (EMS) Systems Act, firefighters, law enforcement officers, and, as determined by the Department, any other workers who, on account of their work schedule, need child care outside of the hours when licensed child care facilities typically operate. Amends the State Finance Act. Creates the Off-Hours Child Care Grant Program Fund as a special fund in the State treasury. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 15 ILCS 505/1 Adds reference to: 20 ILCS 1305/1-75 new 30 ILCS 105/5.970 new Replaces everything after the enacting clause. Amends the Department of Human Services Act. Provides that the amendatory Act may be referred to as the First Responders Child Care Act. Provides that subject to appropriation, the Department of Human Services shall establish and administer an Off-Hours Child Care Program to help first responders and other workers identify and access off-hours, night, or sleep time child care. Provides that services funded under the program must address the child care needs of first responders. Provides that funding provided under the program may also be used to cover any capital and operating expenses related to the provision of off-hours, night, or sleep time child care for first responders. Requires the Department to implement the program by July 1, 2023. Permits the Department to adopt any rules necessary to implement the program. Defines "first responders" to mean emergency medical services personnel as defined in the Emergency Medical Services (EMS) Systems Act, firefighters, law enforcement officers, and, as determined by the Department, any other workers who, on account of their work schedule, need child care outside of the hours when licensed child care facilities typically operate. Amends the State Finance Act. Creates the Off-Hours Child Care Program Fund as a special fund in the State treasury. Effective immediately. House Floor Amendment No. 3 Provides that that amendatory Act shall be referred to as the Off-Hours Child Care Act (rather than the First Responders Child Care Act). In a provision concerning legislative intent, provides that only 435 of the State's group day care homes (rather than group home care programs) provide night care.

Amends the Illinois Act on the Aging. Provides that the amendatory Act applies to any person who is employed by the Department on Aging, or is contracted with the Department, to provide direct services to individuals enrolled in the Community Care Program. Requires dementia training of at least 2 hours to be completed at the start of employment with the Department or contractor. Provides that persons who are employees of the Department or a contractor on the effective date of the amendatory Act shall complete this training within 6 months after the effective date of the amendatory Act. Requires the training to cover the following subjects: Alzheimer's disease and dementia, safety risks, and communication and behavior. Requires annual continuing education training to include at least 2 hours of dementia training covering those subjects. Provides that if laws or rules existing on the effective date of the amendatory Act contain more rigorous training requirements for employees or contractors providing direct services to Community Care Program enrollees, those laws or rules shall apply. Provides that where there is overlap between the provisions of the amendatory Act and other laws and rules, the Department shall interpret the provisions of the amendatory Act to avoid duplication of requirements while ensuring that the minimum requirements set in the amendatory Act are met. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Provides that the amendatory Act applies to any person who is employed by the Department on Aging, or by an agency that is contracted with the Department, to provide direct services to individuals participating in the Community Care Program (rather than the amendatory Act applies to any person who is employed by the Department, or is contracted with the Department, to provide direct services to individuals enrolled in the Community Care Program). Provides that the amendatory Act is designed to improve the quality of training for Community Care Program direct service workers (rather than to address gaps in current dementia training requirements for Community Care Program direct service workers and improve the quality of training). Provides that an individual who is required to receive dementia training under other laws and rules may be considered exempt, as long as the requirement includes a minimum 2 hours of dementia training. Provides that an individual shall be required to show proof he or she received the training required under the amendatory Act. Removes language providing that where there is overlap between the amendatory Act and other laws and rules, the Department shall interpret the amendatory Act to avoid duplication of requirements while ensuring that the minimum requirements set in the amendatory Act are met.

Amends the Parking Excise Tax Act. Creates an exemption for parking areas and garages that are operated for the use of attendees, vendors, or employees of the Illinois State Fair or the DuQuoin State Fair and are not otherwise subject to taxation under the Act in the ordinary course of business. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Provides that the Parking Excise Tax does not apply to: (1) a parking area or garage operated by the State, a State university, or a unit of local government; (2) the purchase of a parking space by the State, a State university, or a unit of local government for use by employees of the State, State university, or unit of local government; (3) a parking space leased to a governmental entity for use by the public; or (4) a parking area or garage owned and operated by a person engaged in the business of renting real estate and used by the lessee to park motor vehicles, recreational vehicles, or self-propelled vehicles for the lessee's own use. Effective immediately.

Amends the Illinois Vehicle Code. Removes language requiring the phrase "The Susan G. Komen Foundation" to be placed on mammogram license plates. Removes language requiring all money in the Mammogram Fund to be paid as grants to the Susan G. Komen Foundation for breast cancer research, education, screening, and treatment. Provides that all money in the Mammogram Fund shall be paid to the Illinois Breast and Cervical Cancer Program for patient navigation services specifically for populations with the highest rates of breast cancer mortality in the State. Senate Committee Amendment No. 1 Provides that all money in the Mammogram Fund shall be paid to the Illinois Department of Public Health for the Illinois Breast and Cervical Cancer Program. Senate Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the bill, as amended by Senate Amendment No. 1, with the following changes. Provides that all money in the Mammogram Fund shall be distributed by the Illinois Department of Public Health to the Illinois Breast and Cervical Cancer Program (rather than distribution by the Secretary of State to the Illinois Department of Public Health for the Illinois Breast and Cervical Cancer Program).

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 Procurement of Domestic Products Act. Establishes the Made in Illinois and America Office as a department under the jurisdiction of the Executive Ethics Commission. Provides for the appointment of a Director of the Office. Provides for duties of the Office. Provides for the adoption of rules regarding the Office. Provides that purchasing agencies shall promote the purchase of and give preference to manufactured articles, materials, and supplies that have been manufactured in Illinois (currently, the United States). Provides that, if the purchasing agency determines that certain conditions apply to a procured product, then, with respect to that procurement, the purchasing agency shall give preference to manufactured articles, materials, and supplies that have been manufactured in the United States. Provides waiver requirements under the Act. Requires purchasing agencies to submit compliance reports. Defines terms. Makes conforming changes. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 30 ILCS 517/7 new 30 ILCS 517/13 new Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Removes provisions establishing the Made in Illinois and America Office as a department under the jurisdiction of the Executive Ethics Commission. Restores provisions specifying that purchasing agencies shall promote the purchase of and give preference to manufactured articles, materials, and supplies that have been manufactured in the United States (rather than Illinois). Provides additional exemptions to domestic product procurement requirements. Provides that if there is a tie between 2 bidders or offerors who have certified that they will provide products manufactured in the United States, the bidder or offeror that certifies it will provide products manufactured in Illinois shall be given preference. Removes waiver provisions. Modifies compliance report requirements. Modifies defined terms. Makes conforming changes. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 30 ILCS 517/3 new 30 ILCS 517/5 30 ILCS 517/10 30 ILCS 517/25 30 ILCS 517/35 new Adds reference to: 30 ILCS 517/1 Replaces everything after the enacting clause. Amends the Procurement of Domestic Products Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 4 Deletes reference to: 30 ILCS 517/1 Adds reference to: 20 ILCS 4005/1 from Ch. 95 1/2, par. 1301 20 ILCS 4005/2 from Ch. 95 1/2, par. 1302 20 ILCS 4005/3 from Ch. 95 1/2, par. 1303 20 ILCS 4005/4 from Ch. 95 1/2, par. 1304 20 ILCS 4005/7 from Ch. 95 1/2, par. 1307 20 ILCS 4005/8 from Ch. 95 1/2, par. 1308 20 ILCS 4005/8.5 30 ILCS 105/5 from Ch. 127, par. 141 30 ILCS 105/5.295 from Ch. 127, par. 141.295 30 ILCS 105/6z-125 30 ILCS 105/6z-126 625 ILCS 5/4-109 Replaces everything after the enacting clause. Amends the Illinois Motor Vehicle Theft Prevention and Insurance Verification Act. Changes the short title of the Act to the Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Act. Specifies that it is the purpose of the Act to, among other things, reduce vehicle hijacking, to improve and support vehicle hijacking law enforcement, and to support the prosecution and administration of vehicle hijacking laws. Changes the name of the Illinois Motor Vehicle Theft Prevention and Insurance Verification Council to the Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Council. Provides that the Council is responsible for providing grants and financial support to assist in the identification, apprehension, and prosecution of hijackers, and the recovery of hijacked and stolen motor vehicles. Authorizes the Council to assess the scope of the vehicle hijacking problem. Provides that the Council is responsible for developing and sponsoring the implementation of plans and strategies for combating vehicle hijacking, and to improve the administration of vehicle hijacking laws. Changes the name of the Motor Vehicle Theft prevention and Insurance Verification Trust Fund to the Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Trust Fund. Provides that money in the Trust Fund may be used to provide financial support for law enforcement, prosecutors, and the judiciary for programs designed to reduce vehicle hijacking. Renames the State Police Motor Vehicle Theft Prevention Trust Fund to the Vehicle Hijacking and Motor Vehicle Theft Prevention Trust Fund. Makes corresponding changes in various Acts.

Amends the Children and Family Services Act. Provides that all youth in care shall be assigned a mental health provider to manage their mental health care needs. Requires a youth's mental health provider to visit the youth and conduct a well-being assessment within 30 days after the youth is removed from his or her home and placed in the temporary custody or guardianship of the Department of Children and Family Services. Provides that additional follow-up visits and well-being checks shall be scheduled and conducted until the youth is no longer under the custody or guardianship of the Department. Provides that any mental health care services provided to the youth shall be in addition to any care or services the youth receives from his or her primary care provider. Grants the Department rulemaking authority. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Children and Family Services Act. Creates the Holistic Mental Health Care for Youth in Care Task Force. Requires the Task Force to review and make recommendations regarding mental health and wellness services provided to youth in care, including a program of holistic mental health services provided 30 days after the date upon which a youth is placed in foster care, in order to determine how to best meet the mental health needs of youth in care. Provides that the Task Force shall also assess the capacity of State licensed mental health professionals to provide preventive mental health care to youth in care; review the current payment rates for mental health providers serving the youth in care population; evaluate the recruitment and retention of mental health providers who are persons of color to serve the youth in care population; and perform other specified duties. Provides that the Task Force shall consist of 9 members and that members shall serve without compensation but may be reimbursed for necessary expenses incurred in the performance of their duties. Requires the Task Force to meet at least once each month beginning no later than July 1, 2022 and at other times as determined by the Task Force. Provides that the Task Force may hold electronic meetings and a member of the Task Force shall be deemed present for the purposes of establishing a quorum and voting. Provides that the Department of Healthcare and Family Services, in conjunction with the Department of Children and Family Services, shall provide the Task Force with administrative support. Requires the Task Force to prepare and submit to the Governor and the General Assembly at the end of each quarter a report that summarizes its work and makes recommendations resulting from its study. Effective immediately. Fiscal Note, House Floor Amendment No. 1 (Dept. of Children & Family Services) There is no material cost to this legislation. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the engrossed bill with the following changes: Provides that the Task Force shall include: (i) a member appointed by the Governor from the Office of the Governor who has a focus on mental health issues, (rather than a member from the Office of the Governor who has a focus on mental health issues); (ii) one member who is a former youth in care, appointed by the Governor (rather than one member who is a former youth in care recommended by the Illinois Chapter of the Foster Care Alumni of America); and (iii) one representative from the managed care entity managing the YouthCare program, appointed by (rather than recommended by) the Director of Healthcare and Family Services. Requires the Task Force to submit its final report to the Governor and the General Assembly no later than December 31, 2024. Provides that upon submission of its final report, the Task Force is dissolved.

Creates the Children's Mental Health Council Act. Creates the Children's Mental Health Council. Requires the Council to conduct at least 4 meeting each year, research and provide recommendations for the General Assembly on children with mental and behavioral disabilities and residential placements around the State and out of state, research and provide recommendations on how State agencies will be able to provide emergency placement for children with disabilities, research and provide recommendations on expanding residential beds and increasing the workforce, and review and provide recommendations for the General Assembly, State Board of Education, Department of Children and Family Services, Department of Healthcare and Family Services, Department of Juvenile Justice, and any other agency that is involved in the process of the placement of a child. Provides guidelines for appointing members. Provides terms for members appointed by the Governor. Provides that the State Board of Education shall provide administrative support. Provides that the Council shall prepare and deliver annual reports to the General Assembly, the Governor, and certain State agencies with any recommendations for legislation and any additional recommendations regarding children's mental and behavioral health. Provides that the Act is repealed on January 1, 2032. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: New Act Adds reference to: 405 ILCS 49/5 Replaces everything after the enacting clause. Amends the Children's Mental Health Act of 2003. Adds a requirement that the Children's Mental Health Plan include recommendations on how to more effectively meet the emergency and residential placement needs for all children with severe mental and behavioral challenges. Adds representatives of community mental health provider trade organizations to the group of representatives to the Children's Mental Health Partnership that are appointed by the Governor. Provides that the annual report will be delivered to the Governor and the General Assembly (currently, only the Governor). House Floor Amendment No. 5 Adds reference to: 405 ILCS 49/1 Replaces everything after the enacting clause. Amends the Children's Mental Health Act of 2003. Changes the title of the Act to the "Children's Mental Health Act". Provides that the Children's Mental Health Partnership shall advise the State of Illinois on designing and implementing short-term and long-term strategies to provide comprehensive and coordinated services for children from birth to age 25 and their families with the goal of addressing children's mental health needs across a full continuum of care. Provides that the Partnership shall have the responsibility of developing and updating the Children's Mental Health Plan and advising the relevant State agencies on implementation of the Plan (instead of developing and monitoring the implementation of the Plan as approved by the Governor). Removes provisions concerning development of previous Plans. Provides for the powers and duties of the Partnership. Provides that the Partnership shall submit: an annual report to the Governor and the General Assembly on the progress of the Plans; recommendations regarding State policies, laws, or rules necessary to fulfill the purposes of the Act; and any additional recommendations regarding mental or behavioral health that the Partnership deems necessary. Provides that the Department of Healthcare and Family Services shall provide technical and administrative support for the Partnership. Effective January 1, 2023. House Floor Amendment No. 6 Provides that a representative of a statewide organization representing pediatricians shall also be included as one of the required public representatives of the Partnership appointed by the Governor.