Creates the Family and Fertility Disclosure in Health Insurance Act. Requires employers that provide health insurance coverage to employees through policies written outside of this State to disclose to employees specified coverages required under the Illinois Insurance Code for policies written in this State and disclose the coverages that are not included in the coverage provided to the employees. Effective immediately. Senate Committee Amendment No. 1 Changes the short title of the Act to the Consumer Coverage Disclosure Act. House Floor Amendment No. 1 Replaces everything after the enacting clause. Creates the Consumer Coverage Disclosure Act. Provides that an employer that provides group health insurance coverage to its employees shall, upon hire, annually thereafter, and upon request from an employee, provide all employees eligible for the coverage a written list of the covered benefits included in the group health insurance coverage in a format that easily compares those covered benefits with the essential health insurance benefits required of individual health insurance coverage regulated by the State of Illinois. Directs the Department of Insurance to provide information outlining the essential benefits and other benefits under coverage regulated under State law. Provides for enforcement by the Department of Labor. Authorizes the imposition of civil penalties. Effective immediately.
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Creates the Protecting Household Privacy Act. Provides that a law enforcement agency shall not obtain household electronic data or direct the acquisition of household electronic data from a private third party, unless (i) the law enforcement agency obtains a court order based upon probable cause, or (ii) the owner of the household electronic device consents to voluntarily provide the desired household electronic data. Provides that if a law enforcement agency obtains household electronic data, the agency within 30 days shall destroy all information obtained, except that a supervisor at that agency may retain particular information if (1) there is reasonable suspicion that the information contains evidence of criminal activity, or (2) the information is relevant to an ongoing investigation or pending criminal trial. House Floor Amendment No. 1 Replaces everything after the enacting clause. Creates Protecting Household Privacy Act. Reinserts the provisions of the introduced bill with these exceptions. Changes the exceptions in which law enforcement agency may obtain household electronic data. Provides that a law enforcement agency may obtain the data (1) if a law enforcement agency first obtains a warrant under the Code of Criminal Procedure of 1963; (2) a specified emergency situation exists; or (3) with the lawful consent of the owner of the household electronic device or person in actual or constructive possession of the household electronic device, excluding law enforcement personnel. Provides that nothing in the Act shall be construed to apply to the interception, recording, wiretap, or other acquisition of electronic communications as they are transmitted in real time. Provides that in the event of any conflict between the Act and any applicable federal or State law, the requirement that establishes the higher standard for law enforcement to obtain information shall govern. Senate Floor Amendment No. 1 Defines "digital gateway device". Provides that nothing in the Act prohibits the use of a lawful grand jury subpoena to obtain information which was obtainable by grand jury subpoena prior to the effective date of the Act. Provides that nothing in the Act expands existing civil or criminal liability of an individual or entity arising under any applicable federal or State law.
Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that all State agencies shall recognize and accept the certifications of businesses that have been certified as minority-owned businesses or women-owned businesses for purposes of participating in the Business Enterprise Program, when such certification was provided by any entity having certification requirements more restrictive than that required by the Business Enterprise Program, including, but not limited to, an income level requirement. Senate Committee Amendment No. 1 Deletes reference to: 30 ILCS 575/8k new Adds reference to: 30 ILCS 575/8l new Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with changes. Provides that the Business Enterprise Program (rather than State agencies) shall recognize and accept the certifications of businesses that have been certified as minority-owned businesses or women-owned businesses by the City of Chicago, Cook County, or other entities approved by the Business Enterprise Council for purposes of participating in the Business Enterprise Program, provided that the City of Chicago, Cook County, or other entities approved by the Business Enterprise Council have certification requirements more restrictive than that required by the Business Enterprise Program, including, but not limited to, an income level requirement. Makes other changes.
Amends the Nursing Home Care Act. Provides that the Department of Public Health shall require each long-term care facility in the State, as a condition of facility licensure, to adopt and implement written policies, provide for the availability of technology to facility residents, and ensure that appropriate staff and other capabilities are in place to prevent the social isolation of facility residents. Contains specified requirements for the social isolation prevention policies. Provides that the Department shall distribute civil monetary penalty funds, as approved by the federal Centers for Medicare and Medicaid Services, and any other available federal and State funds, upon request, to facilities for communicative technologies and accessories needed for the purposes of the provisions. Provides that whenever the Department conducts an inspection of a long-term care facility, the Department's inspector shall determine whether the long-term facility is in compliance with the provisions and the policies, protocols, and procedures adopted pursuant to the provisions. Requires the Department to adopt rules necessary to implement the provisions within 60 days after the amendatory Act's effective date (and makes conforming changes in the Illinois Administrative Procedure Act). Contains other provisions. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Removes language providing that the Department of Public Health shall require each long-term care facility in the State to perform specified actions as a condition of facility licensure. Provides that the social isolation prevention policies shall not be interpreted as a substitute for in person visitation, but shall be wholly in addition to the existing in person visitation policies. Provides that a resident's individualized visitation plan shall give priority to the resident's preferences over the preferences of the resident's representative. Provides that a long-term care facility may apply for (rather than the Department shall distribute) civil monetary penalty fund grants, and may request other available federal and State funds to obtain assistive and supportive technologies and related accessories that would facilitate communication between residents and other family members, friends, and external support systems. Provides that the Department (rather than the Department's inspector) shall determine whether a long-term care facility is in compliance with the provisions whenever the Department conducts an annual licensure and certification survey, when a complaint is received, or as frequently as may be necessary (rather than whenever the Department conducts an inspection of a long-term care facility). Provides that a noncompliant long-term care facility shall be liable to pay an administrative penalty as a Type "C" violation. Provides that implementation of an administrative penalty as a Type "C" violation under the provisions shall not be imposed prior to January 1, 2023. Makes other changes. Effective immediately. Senate Floor Amendment No. 2 In provisions amending the Nursing Home Care Act, provides that the social isolation prevention policies adopted by each long-term care facility shall be consistent with the rights and privileges guaranteed to residents and constraints provided under specified provisions of the Nursing Home Care Act. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Adds provisions regarding legislative findings. Replaces references to specified types of equipment with references to assistive and supportive technology and devices. Requires appropriate staff to develop and update an individualized virtual visitation schedule while taking into account the individual's requests and preferences (rather than to assess and regularly reassess the individual needs and preferences of facility residents). Requires appropriate staff to develop an individualized virtual visitation schedule (rather than an individualized visitation plan) with specified requirements. Provides that specific protocols and procedures shall be developed to ensure that the quantity of assistive and supportive technology and devices maintained on-site at a facility remains sufficient, at all times, to meet the assessed social and activity needs and preferences of each facility resident. Makes other changes. Effective immediately.
Amends the Privacy of Child Victims of Criminal Sexual Offenses Act. Provides that law enforcement agency records and all circuit court records relating to any investigation or proceeding pertaining to a criminal sexual offense shall be restricted to exclude the identity of a child victim, and shall not be restricted to exclude the identity of any child who is a victim of such criminal sexual offense or alleged criminal sexual offense only if a court order is issued authorizing the disclosure of a particular case or particular cases records maintained by any circuit court clerk. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced, with the following change: Clarifies language related to restricting the identity of child victims of criminal sexual offenses or alleged criminal sexual offenses by providing that such identity shall be restricted unless a court order is issued authorizing the removal of such restriction of a particular case record or particular records of cases maintained by any circuit court clerk. House Committee Amendment No. 1 Further amends the Privacy of Child Victims of Criminal Sexual Offenses Act. Provides that an advocate and victim's attorney may be exempt from a requirement to exclude a victim's identity in certain records (in addition to the exemptions provided in current law). Provides that the copy of the criminal history record information to be provided under a specified provision shall exclude the identity of the child victim. Provides that, in a provision concerning criminal sexual offense and school districts, a superintendent shall be restricted from revealing the identity of the victim. Provides that nothing in this Article precludes or may be used to preclude a mandated reporter from reporting child abuse or child neglect as required under the Abused and Neglected Child Reporting Act. House Floor Amendment No. 2 Provides that the Attorney General and Assistant Attorneys General may be exempt from a requirement to exclude a victim's identity in certain records.
Creates the Know Before You Owe Private Education Loan Act. Requires private educational lenders to obtain from the relevant institution of higher education at which the borrower will use the loan proceeds certifications regarding cost, enrollment status of the borrower, and financial assistance available to the borrower. Provides that private educational lenders must file reports with the Department of Financial and Professional Regulation and the Student Loan Ombudsman. Provides that loan statements must be provided not less frequently than quarterly. Requires institutions of higher education to certify compliance with provisions of the Act to the Board of Higher Education or Illinois Community College Board as a condition to operate. Defines terms. Effective immediately. House Floor Amendment No. 2 Revises a cross-reference to certain certifications required under the Act to be made by an institution of higher education. Senate Committee Amendment No. 1 Defines the term "annual percentage rate" and requires disclosure of that rate. Provides an exemption from reporting for private educational lenders that fund 10 or fewer educational loans in a calendar year. Adds disclosure requirements for income share agreements.
Creates the Community Emergency Services and Supports Act. Provides that the Act applies to every unit of local government that provides or coordinates ambulance or similar emergency medical response or transportation services for individuals with emergency medical needs. A home rule unit may not respond to or provide services for a mental or behavioral health emergency, or create a transportation plan or other regulation, relating to the provision of mental or behavioral health services in a manner inconsistent with this Act. Provides that one plan shall describe how the EMS Region will provide mobile emergency mental and behavioral health services to individuals who do not present as a threat to the responders, and are not involved in criminal activity at the time of the response. Provides that the plan shall conform to the requirements of the Act and, recognizing the variety of systems, services, and needs across the State, provide the specific requirements and guidance appropriate for that region. Provides that the plan shall be identified as the region's community emergency services and supports plan. Provides that the second plan shall describe the manner and extent to which responders operating under the region's Community Emergency Services and Supports Plan coordinate with law enforcement when responding to individuals who appear to be in a mental or behavioral health emergency while engaged in conduct alleged to constitute a non-violent misdemeanor. Provides that the plan shall be identified as the region's Non-Violent Misdemeanor Coordination Plan. Amends the Emergency Telephone System Act to make conforming changes. Effective immediately. Fiscal Note (Dept. of Human Services) The fiscal impact to IDHS to provide for the establishment and oversight on the committees would be minimal. House Floor Amendment No. 1 Replaces everything after the enacting clause. Creates the Community Emergency Services and Support Act. Provides that each 9-1-1 call center and provider of emergency services dispatched through a 9-1-1 system must coordinate with the mobile mental and behavioral health services established by the Division of Mental Health of the Department of Human Services so that the following State goals and State prohibitions are met whenever a person interacts with one of these entities for the purpose seeking emergency mental and behavioral health care or when one of these entities recognizes the appropriateness of providing mobile mental or behavioral health care to an individual with whom they have engaged. Provides that the Division of Mental Health is also directed to provide guidance regarding whether and how these entities should coordinate with mobile mental and behavioral health services when responding to individuals who appear to be in a mental or behavioral health emergency while engaged in conduct alleged to constitute a non-violent misdemeanor. Provides that 9-1-1 call centers, emergency services dispatched through 9-1-1 call centers, and the mobile mental and behavioral health service established by the Division of Mental Health must coordinate their services so that certain specified State prohibitions are avoided. Provides that the Division of Mental Health shall establish regional advisory committees in each EMS Region to advise on emergency response systems for mental and behavioral health. Provides that the Act applies to persons of all ages, both children and adults. Provides that the Act does not limit an individual's right to control his or her own medical care. No provision of this Act shall be interpreted in such a way as to limit an individual's right to choose his or her preferred course of care or to reject care. Provides that no provision of this Act shall be interpreted to promote or provide justification for the use of restraints when providing mental or behavioral health care. Amends the Emergency Telephone System Act to make conforming changes. Senate Committee Amendment No. 1 Deletes reference to: 50 ILCS 750/4 Replaces everything after the enacting clause. Creates the Community Emergency Services and Support Act. Provides that each 9-1-1 call center and provider of emergency services dispatched through a 9-1-1 system must coordinate with the mobile mental and behavioral health services established by the Division of Mental Health of the Department of Human Services so that the following State goals and State prohibitions are met whenever a person interacts with one of these entities for the purpose seeking emergency mental and behavioral health care or when one of these entities recognizes the appropriateness of providing mobile mental or behavioral health care to an individual with whom they have engaged. The Division of Mental Health is also directed to provide guidance regarding whether and how these entities should coordinate with mobile mental and behavioral health services when responding to individuals who appear to be in a mental or behavioral health emergency while engaged in conduct alleged to constitute a non-violent misdemeanor. Provides that 9-1-1 PSAPs, emergency services dispatched through 9-1-1 PSAPs, and the mobile mental and behavioral health service established by the Division of Mental Health must coordinate their services so that the State goals listed in this Section are achieved. Appropriate mobile response service for mental and behavioral health emergencies shall be available regardless of whether the initial contact was with 9-8-8, 9-1-1 or directly with an emergency service dispatched through 9-1-1. Provides that the Division of Mental Health shall establish a Statewide Advisory Committee to review and make recommendations for aspects of coordinating 9-1-1 and the 9-8-8 mobile mental health response system most appropriately addressed on a State level. Provides that the Division of Mental Health shall establish Regional Advisory Committees in each EMS Region to advise on regional issues related to emergency response systems for mental and behavioral health. Provides that the exemptions from civil liability in the Emergency Telephone Systems Act apply to any act or omission in the development, design, installation, operation, maintenance, performance, or provision of service directed by the Act. Provides that the Act applies to persons of all ages, both children and adults. This Act does not limit an individual's right to control his or her own medical care. No provision of this Act shall be interpreted in such a way as to limit an individual's right to choose his or her preferred course of care or to reject care. No provision of this Act shall be interpreted to promote or provide justification for the use of restraints when providing mental or behavioral health care. Senate Floor Amendment No. 2 Make technical and stylistic changes in the bill as amended by Senate Amendment No. 1. Adds additional responsibilities for 9-1-1 Public Safety Answering Point telecommunicators and emergency service providers. Places the applicability and home rule preemption provisions in a separate Section of the bill.
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 Ambulatory Surgical Treatment Center Act. Makes a technical change in the Section concerning the short title. Senate Floor Amendment No. 1 Adds reference to: 815 ILCS 505/2WWW new New Act Replaces everything after the enacting clause. Creates the Educational Planning Services Consumer Protection Act to protect consumers who enter into agreements with educational planning service providers and to regulate educational planning service providers. Provides that it shall be unlawful for any person or entity to act as an educational planning service provider except as authorized by the Act. Prohibits an educational planning service provider from providing educational planning services to a consumer for a fee without a written contract signed and dated by both the consumer and the educational planning service provider; sets forth contract requirements. Prohibits an educational planning service provider from charging or receiving from a consumer any enrollment fee, set up fee, up-front fee of any kind, or maintenance fee, and provides that a consumer shall pay only for the educational planning services provided. Sets forth other requirements and prohibitions. Contains provisions concerning required disclosures, the cancellation of a contract and refunds, noncompliance, civil remedies and an injunction, notice, and rules. Amends the Consumer Fraud and Deceptive Business Practices Act to provide that any person who violates the Educational Planning Services Consumer Protection Act commits an unlawful practice.
Amends the Weights and Measures Act. Provides that all weighing or measuring devices must be placed into service and sealed before they are first used in trade by a serviceperson, service agency, or special sealer registered by the Director or by an inspector. Provides that on any device whose sole method of sealing is an audit trail, event counter, or similar system, a tamper evident label shall be affixed to the device that includes the sealer's registration number as issued by the Director and the most recent count or counts listed in the audit trail, event counter, or similar system. Provides that these counts shall also be entered on all placed in-service reports and any test reports where calibration counts were changed from the beginning of testing. Moves provisions and makes other changes concerning sealing and resealing. Senate Committee Amendment No. 1 Deletes reference to: 225 ILCS 470/42 225 ILCS 470/42.5 new Adds reference to: 225 ILCS 470/1 from Ch. 147, par. 101 Replaces everything after the enacting clause. Amends the Weights and Measures Act. Makes a technical change to the Section containing the short title. Senate Floor Amendment No. 2 Deletes reference to: 225 ILCS 470/1 Adds reference to: 235 ILCS 5/1-3.03 from Ch. 43, par. 95.03 235 ILCS 5/1-3.43 new 235 ILCS 5/1-3.44 new 235 ILCS 5/3-12 235 ILCS 5/5-1 from Ch. 43, par. 115 235 ILCS 5/5-3 from Ch. 43, par. 118 235 ILCS 5/6-4 from Ch. 43, par. 121 235 ILCS 5/6-5 from Ch. 43, par. 122 235 ILCS 5/6-6.1 new 235 ILCS 5/6-9.1 235 ILCS 5/6-9.5 new 235 ILCS 5/6-9.10 new 235 ILCS 5/6-9.15 new 235 ILCS 5/6-17.5 new 235 ILCS 5/6-37 new 235 ILCS 5/6-38 new 235 ILCS 5/8-10.5 new Replaces everything after the enacting clause. Amends the Liquor Control Act of 1934. In provisions concerning the powers and duties of the Illinois Liquor Control Commission, provides that the Commission shall approve self-distribution exemptions if the applicant is not a member of any affiliated group that produces directly or indirectly more than a specified amount of gallons of wine, beer, and spirits per annum, and will not annually produce for sale more than the specified amount of gallons of wine, beer, and spirits per annum. Provides that the Commission may fine, suspend, or revoke a self-distribution exemption after a hearing if it finds that the exemption holder has exceeded production of a specified amount of gallons of wine, beer, or spirits in any calendar year. Sets forth provisions concerning requirements for class 3 brewer licensees. Provides that the Commission may adopt rules governing self-distribution examples. Authorizes a distributor licensee to sell mead to brewers, class 1 brewers, and class 2 brewers that sell beer, cider, or mead to non-licensees at their breweries. Provides that a self-distribution exemption for certain wine manufacturers shall allow the sale of cider, mead, or both cider and mead to brewers, class 1 brewers, class 2 brewers, and class 3 brewers that sell beer, cider, mead, or any combination thereof to non-licensees at their breweries. Sets forth provisions concerning requirements for first class and second class wine-manufacturers that manufacture beer or spirits, class 1 and class 2 craft distillers that manufacture beer, and class 1 and class 2 brewers that manufacture spirits or wine. Provides that a brewer, class 1 brewer, or class 2 brewer may sell mead for on-premises or off-premises consumption. Provides that a first class wine-maker that concurrently holds a class 1 brewer license or a class 1 craft distiller license shall not be eligible to hold a wine-maker's premises license. Provides that the Commission may issue beer showcase permit licenses. Sets forth provisions concerning beer showcase permit licenses. Changes fees for first-class wine manufacturer and first-class wine-maker licenses and establishes fees for class 3 brewer and beer showcase permit licenses. Sets forth provisions concerning stocking, rotation, resetting, and pricing services; cooperative purchase agreements; quantity discounting programs; transfer of wine or spirits by a retail licensee with multiple licenses; one-time inventory transfer of wine or spirits by a retail licensee with multiple licenses; and beer production quantity reporting. Defines terms. Makes other changes. Effective immediately. Senate Floor Amendment No. 4 In provisions concerning quantity discounting terms for wine or spirits cooperative purchase agreements, provides that nothing in the provisions shall be construed to prohibit, limit, or interfere with quantity discount, credit, or rebate programs (instead of quantity discount programs) offered for any product fermented with malt or any substitute for malt. Senate Floor Amendment No. 5 Provides that provisions concerning a written list of delinquent retail licensees that shall be developed, administered, and maintained by the Illinois Liquor Control Commission take effect January 1, 2022 (rather than immediately).