Rep. Harry Benton

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, in accordance with federal guidance issued by the federal Centers for Medicare and Medicaid Services, the Department of Healthcare and Family Services shall exempt from electronic visit verification requirements all live-in caregivers who provide Medicaid-funded personal care services or home health care services under the Illinois Title XIX State Plan or a waiver of the plan, including personal care services and home health care services provided under various home and community-based services waiver programs authorized under the Social Security Act. Defines "live-in caregiver". Grants the Department rulemaking authority. Effective immediately.

Amends the Illinois Act on the Aging. Provides that rates for homemaker services shall be increased to $29.64 beginning July 1, 2023 to sustain a minimum wage of $18 per hour for direct service workers. Requires rates in subsequent State fiscal years to be no lower than the rates in effect on July 1, 2023. Requires providers of in-home services to be required to certify to the Department on Aging that they remain in compliance with the mandated wage increase for direct service workers. Provides that fringe benefits, including, but not limited to, paid time off and payment for training, health insurance, travel, or transportation, shall not be reduced in relation to the rate increases described in the amendatory Act. Effective July 1, 2023.

Amends the Child Care Act of 1969. Provides that the minimum standards for child care licensing include regulations to allow for staffing flexibility of qualified early childhood assistants to enable the early childhood assistants to supervise a classroom outside of the core developmental hours of the day, which shall not exceed more than 3 consecutive hours.

Amends the Government Electronic Records Act. Makes a technical change in a Section concerning the short title.

Amends the Fish and Aquatic Life Code. Provides that except as otherwise provided in the Code, for sport fishing devices or spearing devices, any resident of Illinois who is 16 years of age or older who has not purchased a resident fishing license in the past 10 years shall be eligible to receive a one-time annual resident fishing license for a fee of $5. Provides that any nonresident who has not purchased a nonresident fishing license in the past 10 years shall be eligible to receive a one-time annual sport fishing license for a fee of $10. Effective January 1, 2024.

Provides that the Act may be referred to as the Mental Health Equity Access and Prevention Act. Amends the Department of Public Health Powers and Duties Law. Provides that subject to appropriation, the Department of Public Health shall undertake a public educational campaign to bring broad public awareness to communities across the State on the importance of mental health and wellness. Amends the Illinois Insurance Code. 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, 2025 shall cover all medically necessary out-of-network mental health visits, treatment, and services provided by a mental health provider or facility. Provides 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, 2025 shall provide coverage for 2 annual mental health prevention and wellness visits for children and for adults. Provides 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, 2025 shall not require the diagnosis of a mental, emotional, or nervous disorder or condition to establish medical necessity for mental health care, services, or treatment. Provides that the Department of Insurance shall contract with an independent third party with expertise in analyzing commercial insurance premiums and costs to perform an independent analysis of the impact of the coverage of services pursuant to the provisions has had on insurance premiums. Provides that the Department shall adopt any rules necessary to implement the provisions by no later than October 31, 2024. Makes other changes. Effective immediately.

Amends the Mental Health and Developmental Disabilities Code. Makes a technical change in a Section concerning the short title.

Amends the State Universities Article of the Illinois Pension Code. Provides that for the purposes of computing service for academic years for any participant, one month of service means a calendar month during which the participant qualifies as an employee for any fraction of the month (instead of at least 15 or more days). Provides that the change applies to all service periods of a member who is a participant on or after January 1, 2024, except for certain service periods subject to purchases of service credit, repayment of a refund or distribution, or transfers of service if payment for such purchase, repayment, or transfer commenced prior to January 1, 2024. Provides that a provision concerning calculating a retirement annuity for a participant who has been employed at 1/2 time or less for 3 or more years shall not apply to a member who is a participant on or after January 1, 2024. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Makes conforming changes. Effective immediately.

Amends the Emergency Medical Services (EMS) Systems Act. Provides that specified Advisory Committees shall include one representative from the labor organization recognized as the exclusive representative of specified entities' employees. Provides that an EMS Medical Director may only suspend any EMS personnel, EMS Lead Instructor, individual, individual provider, or other participant considered not to be meeting the requirements of the Program Plan if the EMS Medical Director obtains agreement from the Department of Public Health. Allows arbitration meeting specified requirements as alternative dispute resolution procedures for EMS System licensing and makes conforming changes throughout the Act. Provides that a member of a fire department's or fire protection district's collective bargaining unit shall be eligible to work under a silver spanner program for another fire department EMS System that is not the full time employer of that member, for a period not to exceed 12 months, without being required to test into the EMS System of the fire department or fire protection district. Makes other changes.

Amends the Illinois Vehicle Code. Defines "automated license plates reader" (ALPR). Establishes that an ALPR user shall not sell, share, or transfer ALPR information, except to another local law enforcement agency, a local law enforcement agency of the State, the federal government, or a state other than Illinois, and only to the extent necessary to locate a vehicle or person reasonably suspected of being involved in the commission of a crime as defined by State or federal laws. Provides that an ALPR user shall not sell, share, or transfer ALPR information to any state that has enacted laws that deny or interfere with a woman's right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the woman for the purposes of investigation or enforcement of that law. Provides that an ALPR user shall only share information obtained through the use of an ALPR with the federal government or a state other than Illinois if the entity requesting the information first discloses to the State entity a criminal predicate necessitating a lawful purpose and that the criminal predicate would be a violation of the laws of the State. Provides that ALPR information shall be retained for a period of only 30 days, after which it must be destroyed, unless particularized information is the subject of a criminal investigation. Provides that ALPR information shall be held confidentially to the fullest extent permitted by law, and an ALPR user shall not sell, share, or transfer ALPR information for any commercial purpose and shall not disclose ALPR information to any entity for the purposes of public disclosure. Makes a conforming change in the Freedom of Information Act.