Sen. Seth Lewis

Creates the Domestic Violence Task Force Act. Creates the Domestic Violence Task Force to establish a consistent, uniform statewide system to protect victims and survivors of domestic violence, while holding offenders accountable. Contains requirements and responsibilities of the Task Force. Provides that the Task Force shall be composed of specified members. Provides that the Family Violence Coordinating Council within the Illinois Criminal Justice Information Authority shall provide administrative support to the Task Force. Repeals the Act on September 1, 2027. Effective immediately. House Floor Amendment No. 2 Dedicates this Act to the memory of Colton Miller and the lives that have been lost as a result of domestic violence. House Floor Amendment No. 3 Provides that the Domestic Violence Task Force may also be referred to as Colton's Task Force. Senate Floor Amendment No. 1 Deletes provision that the Domestic Violence Task Force shall review the need for special consideration for conditions of bail in cases involving domestic violence within the ongoing changes brought on by bail reform.

Amends the Illinois Vehicle Code. Allows the Secretary of State to provide a disabilities motor decal or device to an expectant mother during her third trimester. Provides that a decal or device provided to an expectant mother shall be valid for no more than 90 days, and shall clearly set forth the date that the decal or device expires. Provides that a decal or device shall be issued only upon a showing by adequate documentation that the expectant mother has entered her third trimester.

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 Nursing Home Care Act and the Hospital Licensing Act. Upon request, requires long-term care facilities and hospitals to facilitate at least one phone call or video call between a resident or patient and a family member of the resident or patient each day during a pandemic or other public health emergency. Effective immediately. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Nursing Home Care Act. Provides that, upon request, a facility shall make every reasonable effort to facilitate at least one phone call or video call between a resident and a single family member of the resident each day during a disaster declared by the Governor under the Illinois Emergency Management Agency Act, unless doing so could pose a danger to residents or staff or redirect resources away from direct resident care and protection. Amends the Hospital Licensing Act. Provides that during a pandemic or other public health emergency, a hospital licensed under the Act shall develop and implement a contact policy to encourage patients' ability to engage with family members throughout the duration of the pandemic or other public health emergency, including through the use of phone calls, videos calls, or other electronic mechanism. Effective immediately.

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that "step-parent" includes a person joined in a civil union to a child's parent. Deletes language providing that: all counseling sessions shall be confidential; and communications in counseling shall not be used in any manner in litigation nor relied upon by any expert appointed by the court or retained by any party. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 750 ILCS 5/600 750 ILCS 5/602.9 Replaces everything after the enacting clause. Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that court-ordered counseling is subject to the Mental Health and Developmental Disabilities Confidentiality Act and the federal Health Insurance Portability and Accountability Act of 1996. Deletes language providing that: all counseling sessions shall be confidential; and communications in counseling shall not be used in any manner in litigation nor relied upon by any expert appointed by the court or retained by any party. Effective immediately.

Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, beginning 120 days after the effective date of the amendatory Act, the term "selling price" no longer includes the value of traded-in motor vehicles. Amends the Illinois Vehicle Code. In a Section concerning the use tax on motor vehicles, makes changes concerning the amount of the tax. Effective immediately. House Floor Amendment No. 1 Adds reference to: 625 ILCS 5/1-216.5 new 625 ILCS 5/3-819 from Ch. 95 1/2, par. 3-819 625 ILCS 5/3-821 from Ch. 95 1/2, par. 3-821 Replaces everything after the enacting clause. Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, beginning on January 1, 2022, the term "selling price" no longer includes the value of traded-in motor vehicles. Amends the Illinois Vehicle Code. Defines "utility trailer". Provides for a flat weight trailer tax of $36 for utility trailers. Decreases the flat weight tax for Class TA trailers from $118 to $36. Increases the certificate of title fee for vehicles other than all-terrain vehicles, off-highway motorcycles, motor homes, mini motor homes, and van campers from $150 to $155 and provides that the additional fee amount shall be deposited into the Road Fund. In a Section concerning the use tax on motor vehicles, makes changes concerning the amount of the tax. Effective January 1, 2022. House Floor Amendment No. 2 Removes language including only trailers weighing between 2,000 pounds and 3,000 pounds within the TA trailer class, and restores language including all trailers weighing 3,000 pounds and less within the TA trailer class.

Amends the First Responders Suicide Prevention Act. Provides that the First Responders Suicide Task Force shall make specified recommendations to specified entities. Senate Committee Amendment No. 1 Provides that Task Force recommendations could be accomplished by revising (rather than revamping) agencies' and organizations' employee assistance programs. Provides that specialized training for first responders could be accomplished by not underestimating the crucial importance of mindfulness-based stress reduction techniques and moderate and vigorous intensity activities (rather than meditation). Provides that training components could include recommending comprehensive and evidence-based training (rather than sophisticated trainings) on the importance of preventative measures on the topics of sleep, nutrition, mindfulness, and physical movement (rather than movement). Corrects typographical errors. Makes other changes.

Amends the School Code. Makes changes concerning the adoption of rules by the State Board of Education governing time out and physical restraint in the public schools. Subject to appropriation, requires the State Board to create a grant program for school districts and special education cooperatives and charter schools to implement school-wide, culturally sensitive, and trauma-informed practices, positive behavioral interventions and supports, and restorative practices. Allows the State Board to contract with a third party to provide assistance with oversight and monitoring, and requires the State Board to establish reduction goals and a system of ongoing review, auditing, and monitoring. Makes changes in provisions concerning a school board's use of time out and physical restraint, including providing that isolated time out, time out, and physical restraint may be used only under certain circumstances, prohibiting the deprivation of necessities and prone, mechanical, and chemical restraint, and requiring a meeting with school personnel if requested by the parent or guardian, the provision of information to parents and guardians, and written procedures. Effective immediately. House Floor Amendment No. 2 Adds reference to: 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Provides that the State Board of Education shall adopt rules governing the use of isolated time, time out, and physical restraint in public schools and special education nonpublic facilities (rather than just in public schools). Provides that the State Board shall, by the adoption of emergency rules if it so chooses, create (rather than must create) a grant program for school districts, certain special education nonpublic facilities, and special education cooperatives (rather than for school districts and special education cooperatives and charter schools approved by the State Board). Makes changes concerning the prohibition against the use of prone restraint to allow prone restraint to be used when specified conditions are satisfied. Amends the Illinois Administrative Procedure Act to make a related change. Corrects grammatical errors. Effective immediately. Senate Floor Amendment No. 2 With respect to the grant program, requires the State Board of Education to prioritize grant funding to those school districts, special education nonpublic facilities, and special education cooperatives that submit a plan to achieve a significant reduction or elimination in the use of isolated time out and physical restraint in less than 3 years. In provisions allowing the use of prone restraint if certain conditions are satisfied, allows the use of prone restraint if the use of prone restraint occurs within the 2021- 2022 school year (rather than within the schools years of 2021-2022 and 2022-2023).

Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Provides that a guardian shall consider the ward's current preferences to the extent the ward has the ability to participate in decision making when those preferences are known or reasonably ascertainable by the guardian. Provides that decisions by the guardian shall conform to the ward's current preferences unless the guardian reasonably believes that doing so would result in substantial harm to the ward's welfare or personal or financial interests. Provides that if the guardian is unable to ascertain the ward's preferences, then the decisions may be made by conforming as closely as possible to what the ward would have done or intended under the circumstances. Makes conforming changes. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Deletes language providing that if the guardian is unable to ascertain the ward's preferences, then the decisions may be made by conforming as closely as possible to what the ward would have done or intended under the circumstances. Provides instead that decisions by the guardian shall conform to the ward's current preferences so long as such decisions give substantial weight to what the ward would have done or intended under the circumstances. Effective immediately.