Sen. Suzy Glowiak Hilton

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 Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or managed care plan shall provide coverage for A1C testing recommended by a health care provider for prediabetes, type 1 diabetes, and type 2 diabetes in accordance with prediabetes and diabetes risk factors identified by the United States Centers for Disease Control and Prevention. Provides that a group or individual policy of accident and health insurance or managed care plan shall provide coverage for vitamin D testing recommended by a health care provider in accordance with vitamin D deficiency risk factors identified by the United States Centers for Disease Control and Prevention. Defines "A1C testing" and "vitamin D testing". Makes conforming changes in the Medical Assistance Article of the Illinois Public Aid Code.

Amends the Children and Family Services Act. Provides that no youth in care shall be required to store his or her belongings in plastic bags or in similar forms of disposable containers, including, but not limited to, trash bags, paper or plastic shopping bags, or pillow cases when relocating from one placement type to another placement type or when discharged from the custody or guardianship of the Department of Children and Family Services. Requires the Department and all purchase of service agencies under contract with the Department to ensure that each youth in care has appropriate baggage and other items to store his or her belongings when moving through the State's child welfare system. Senate Committee Amendment No. 1 Removes language requiring all purchase of service agencies under contract with the Department of Children and Family Services to ensure that each youth in care has appropriate baggage and other items to store his or her belongings when moving through the State's child welfare system.

Amends the Illinois Emergency Management Agency Act. Expands the definition of "disaster" to include a cyber attack. House Floor Amendment No. 1 Adds reference to: 20 ILCS 3305/7 from Ch. 127, par. 1057 Replaces everything after the enacting clause. Amends the Illinois Emergency Management Agency Act. Provides that "disaster" includes cyber incidents. Defines "cyber incident". Requires the Governor to, to the greatest extent practicable, delegate or assign authority to the Director of the Illinois Emergency Management Agency to manage, coordinate, and direct all resources by orders issued at the time of a disaster. Effective immediately.

Amends the Critical Health Problems and Comprehensive Health Education Act. Adds e-cigarettes and other vapor devices as one of the educational areas the Comprehensive Health Education Program must include. Effective immediately.

Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that through June 30, 2023 (instead of June 30, 2021), an annuitant may accept employment as a teacher without impairing his or her retirement status if that employment is not within the school year during which service was terminated and does not exceed 120 paid days or 600 paid hours in each school year. Makes a conforming change. Effective immediately.

Creates the Opioid Overdose Reduction Act. Provides that the Act may be referred to as Alex's Law. Provides that a person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an opioid overdose shall not be charged or prosecuted for possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if certain conditions are met. Provides that a person who is experiencing an overdose shall not be charged or prosecuted for possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if evidence for the possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance. Provides that a person's pretrial release, probation, furlough, supervised release, or parole shall not be revoked based on an incident for which the person would be immune from prosecution under the provisions. Effective August 16, 2021. Senate Committee Amendment No. 2 Deletes reference to: New Act Adds reference to: 720 ILCS 570/414 Replaces everything after the enacting clause. Creates the Opioid Overdose Reduction Act. Provides that the Act may be referred to as Alex's Law. Amends the Illinois Controlled Substances Act. In a provision concerning overdose and limited immunity, provides that specified violations must not serve as the sole basis of a violation of parole, mandatory supervised release, probation, conditional discharge, a person's pretrial release, or furlough, or any seizure of property under any State law authorizing civil forfeiture so long as the evidence for the violation was acquired as a result of the person seeking or obtaining emergency medical assistance in the event of an overdose. Effective January 1, 2022.

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to administer an annual survey, which shall be named the Healthy Illinois Survey. Provides that the Healthy Illinois Survey shall: (1) include interviews of a sample of State residents such that statistically reliable data for specified areas can be developed, as well as statistically reliable data on racial, ethnic, gender, age, and other demographic groups of State residents important to inform health equity goals; (2) be collected at the zip code level; and (3) include questions on a range of topics designed to establish an initial baseline public health data set and annual updates. Provides that, in developing the annual Healthy Illinois Survey, the Department shall consult with specified persons and entities with the goal of a comprehensive survey that will assist the State and other partners in developing the data to measure public health and health equity. Requires the Department to provide the results of the Healthy Illinois Survey in forms useful to cities, communities, local health departments, hospitals, and other potential users, including annually publishing on its website data at the most granular geographic and demographic levels possible while protecting identifying information. Requires the Department to produce periodic special reports and analyses relevant to ongoing and emerging health and social issues in communities and the State. House Committee Amendment No. 1 Adds reference to: 30 ILCS 500/1-10 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that the identity, or any group of facts that tends to lead to the identity, of any person whose condition or treatment is submitted to the Healthy Illinois Survey is confidential and shall not be open to public inspection or dissemination and is exempt from disclosure under the Freedom of Information Act. Provides that information for specific research purposes may be released in accordance with procedures established by the Department. Amends the Illinois Procurement Code. Provides that the Code shall apply regardless of the source of funds with which contracts are paid, including federal assistance moneys. Provides that, except as specifically provided in the Code, the Code shall not apply to procurement expenditures necessary for the Department of Public Health to conduct the Healthy Illinois Survey.

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 Pharmacy Practice Act. Removes a provision limiting consumers to 10 requests for disclosure of the current usual and customary retail price of prescription drugs or medical devices for which the person making the request has a prescription. Provides that a pharmacy must post a notice informing customers that they may request, in person or by telephone, the current usual and customary retail price of any brand or generic prescription drug or medical device that the pharmacy offers for sale to the public. Provides that a pharmacist or his or her authorized employee must disclose to the consumer at the point of sale the current pharmacy retail price for each prescription medication the consumer intends to purchase. If the consumer's cost-sharing amount for a prescription exceeds the current pharmacy retail price, the pharmacist or his or her authorized employee must disclose to the consumer that the pharmacy retail price is less than the patient's cost-sharing amount.