Sen. Omar Aquino

Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that surplus tax revenues may be used to pay for costs of special education, social services, and other costs of a public school district. Provides that for municipalities with a population of over 1,000,000, redevelopment project costs include public school district qualified workers, costs of providing special educational facilities and services, school psychological services, and school social work services, and any surplus balance in the special tax allocation fund at the end of the fiscal year shall be used for these workers, facilities, and services. Removes provisions allowing anticipated redevelopment project costs to be deemed surplus funds.

Amends the Corporate Fiduciary Act to create the Special Purpose Trust Company Authority and Organization Article. Provides that a corporation that has been or shall be incorporated under the general corporation laws of the State for the special purpose of providing fiduciary custodial services or providing other like or related services as specified by rule may be appointed to act as a fiduciary with respect to such services and shall be designated a special purpose trust company. Provides that it shall not be lawful for any person to engage in the activity of a special purpose trust company without first filing an application for and procuring a certificate of authority from the Secretary of Financial and Professional Regulation. Provides that the Department shall adopt rules for the administration of the Article, and that specified Articles of the Corporate Fiduciary Act shall apply to a special purpose trust company as if the special purpose trust company were a trust company. Amends the Illinois Banking Act. In provisions concerning conversion and merger with trust companies, provides that a special purpose trust company may merge with a State bank or convert to a State bank as if the special purpose trust company were a trust company. Defines "special purpose trust company". Amends the Blockchain Business Development Act to provide that the Department of Financial and Professional Regulation shall have authority to adopt rules, opinions, or interpretive letters regarding the custody of digital assets, including digital consumer assets, digital securities, and virtual currency. House Floor Amendment No. 1 Provides that the Department of Financial and Professional Regulation shall have the authority to adopt rules, opinions, or interpretive letters regarding the provision of custodial services for digital assets by banks chartered under the Illinois Banking Act, savings banks chartered under the Savings Bank Act, and corporate fiduciaries authorized under the Certificate Of Authority And Organization Article or Special Purpose Trust Company Authority And Organization Article of the Corporate Fiduciary Act. Defines "digital asset". Removes language that provides that the Department of Financial and Professional Regulation shall have authority to adopt rules, opinions, or interpretive letters regarding the custody of digital assets, including digital consumer assets, digital securities, and virtual currency.

Amends the Illinois Public Aid Code. In provisions concerning the Temporary Assistance for Needy Families program, provides that the child support collected on behalf of a family shall be passed through to the family and disregarded in determining the amount of the assistance grant provided to the family under the program (rather than the first $100 of child support collected on behalf of a family in a month for one child and the first $200 of child support collected on behalf of a family in a month for 2 or more children shall be passed through to the family and disregarded in determining the amount of the assistance grant provided to the family under the program). Provides that beginning October 1, 2022 (rather than October 1, 2018) the Department of Human Services shall increase TANF grant amounts in effect on September 30, 2022 (rather than September 30, 2018) to at least 50% (rather than 30%) of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for each family size. Provides that beginning October 1, 2023 (rather than October 1, 2019), and each October 1 thereafter, the maximum benefit levels shall be annually adjusted to remain equal to at least 50% (rather than 30%) of the most recent poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services for each family size. Effective October 1, 2022.

Amends the Chicago School District Article of the School Code. With regard to local school council members, provides that the school district shall perform a check of the Dru Sjodin National Sex Offender Public Website, the Statewide Sex Offender Database, and the Statewide Murderer and Violent Offender Against Youth Database upon the election or appointment of a local school council member. Provides that if the general superintendent determines at any time that a local school council member or member-elect appears on the Dru Sjodin National Sex Offender Public Website or the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, the general superintendent must notify the local school council member or member-elect of such determination and the local school council member or member-elect must be removed from the local school council by the board of education. Provides that a local school council member must comply with all applicable board rules and policies regarding employees or volunteers. Removes provisions regarding ineligibility for election or appointment of a local school council member based upon certain criminal convictions. Effective immediately.

Amends the Pawnbroker Regulation Act. Clarifies that it shall be unlawful for any pawnbroker to charge or collect a greater benefit or percentage upon money advanced, and for the use and forbearance thereof, than permitted under the Predatory Loan Prevention Act. Amends the Predatory Loan Prevention Act. Provides that the definition of "loan" includes transactions subject to the Pawnbroker Regulation Act. Provides that it is a violation of the Act for any person or entity to solicit, broker, or otherwise engage in any other activity intended to facilitate or result in, or that in fact facilitates or results in, the origination of a loan that violates the Act. Provides that it is a violation of the Act for any person or entity to advertise or cause to be advertised a loan that violates the Act. Provides that a violation of the Act by a person or entity licensed under the Pawnbroker Regulation Act shall subject the person or entity to discipline in accordance with that Act. Makes other changes. Effective June 1, 2023.

Amends the Criminal Code of 2012. Provides that for purposes of the Sex Offenses Article of the Code, "unable to give knowing consent" also includes when the victim is intoxicated, but the accused did not provide or administer the intoxicating substance. House Floor Amendment No. 1 Replaces the amendatory language of the bill. Provides that "unable to give knowing consent" also includes when the victim has taken an intoxicating substance or any controlled substance causing the victim to become unconscious of the nature of the act, and this condition was known or reasonably should have been known by the accused, but the accused did not provide or administer the intoxicating substance.

Amends the Illinois Insurance Code. Provides that when an insured receives emergency services or covered ancillary services from a nonparticipating provider or a nonparticipating facility, the health insurance issuer shall ensure that cost-sharing requirements are applied as though the services had been received from a participating provider or facility, and that the insured or any group policyholder or plan sponsor shall not be liable to or billed by the health insurance issuer, the nonparticipating provider, or the facility beyond the cost-sharing amount. Contains provisions concerning a notice and consent process for out-of-network coverage; billing for reasonable administrative fees; assignment of benefits to nonparticipating providers; and cost-sharing amounts and deductibles. Amends the Illinois Insurance Code and the Health Maintenance Organization Act to make a change in provisions concerning disclosure of nonparticipating provider benefits. Amends the Network Adequacy and Transparency Act. Provides that a beneficiary who receives care at a participating health care facility shall not be required to search for participating providers under certain circumstances. Amends the Managed Care Reform and Patient Rights Act. Provides that prior authorization or approval by the plan shall not be required for post-stabilization services that constitute emergency services. Amends the Health Maintenance Organization Act and the Voluntary Health Services Plans Act to provide that health maintenance organizations and voluntary health services plans are subject to provisions of the Illinois Insurance Code concerning billing and cost sharing. Makes other changes. Effective July 1, 2022, except that certain changes take effect January 1, 2023. House Floor Amendment No. 1 In provisions concerning cost sharing for emergency services and cost sharing for non-emergency services, provides that if the cost sharing for the same item or service furnished by a participating provider would have been a flat-dollar copayment, that amount shall be the cost-sharing amount unless the provider has billed a lesser total amount. Provides that upon receipt of the provider's bill or facility's bill, the health insurance issuer shall provide the nonparticipating provider or the facility with a written explanation of benefits (rather than the health insurance issuer shall provide the nonparticipating provider or the facility with a written explanation of benefits). Provides that the arbitrator shall not establish a rebuttable presumption that the qualifying payment amount should be the total amount owed to the provider or facility by the combination of the issuer and the insured, beneficiary, or enrollee. Defines "qualifying payment amount". Makes other changes.

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 Overdose Prevention and Harm Reduction Act. Provides that a pharmacist or physician may dispense drug adulterant testing supplies, such as reagents, test strips, or quantification instruments, to any person. Provides that no employee or volunteer of or participant in a program established under the Act or any employee or customer of a pharmacy, hospital, clinic, or other health care facility or medical office dispensing drug adulterant testing supplies in accordance with the Act shall be charged with or prosecuted for possession of specified materials. Provides that a law enforcement officer who, acting on good faith, arrests or charges a person who is thereafter determined to be entitled to immunity from prosecution shall not be subject to civil liability for the arrest or filing of charges. Provides that any record of a person that is created or obtained for use by a needle and hypodermic syringe access program or by a pharmacy, hospital, clinic, or other health care facility or medical office in connection with the dispensing of drug adulterant testing supplies must be kept confidential. Contains other provisions. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 410 ILCS 710/15 new 410 ILCS 710/20 new Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Removes provisions regarding waiver of criminal penalties and confidentiality. Restores language prohibiting employees or volunteers of or participants in a program established under the Act from being charged with or prosecuted for possession of certain items. Removes references to reagents, test strips, and quantification instruments. Provides that no quantity of drug adulterant testing supplies greater than necessary to conduct 5 assays of substances suspected of containing adulterants shall be dispensed in any single transaction. Removes language providing that the amendatory Act is effective immediately. Makes other changes. Senate Committee Amendment No. 1 Provides that provisions regarding the dispensing of drug adulterant testing supplies apply to advanced practice registered nurses and physician assistants. Provides that the amendatory Act is effective immediately.

Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance that is amended, delivered, issued, or renewed on or after January 1, 2023 that provides coverage for prescription drugs shall provide coverage for prenatal vitamins when prescribed by a physician licensed to practice medicine in all of its branches. House Committee Amendment No. 1 Provides that a group or individual policy of accident and health insurance that is amended, delivered, issued, or renewed on or after January 1, 2024 (rather than January 1, 2023) that provides coverage for prescription drugs shall provide coverage for prenatal vitamins when prescribed by a physician licensed to practice medicine in all of its branches. Senate Committee Amendment No. 1 Provides that a group or individual policy of accident and health insurance that is amended, delivered, issued, or renewed on or after January 1, 2024 that provides coverage for prescription drugs shall provide coverage for prenatal vitamins when prescribed by a physician licensed to practice medicine in all of its branches or an advanced practice registered nurse licensed under the Nurse Practice Act (rather than only a physician).