Amends the Nurse Agency Licensing Act. Prohibits nurse agencies from entering into covenants not to compete with nurses and certified nurse aides who are employed by the agencies. Provides that a supplemental healthcare staffing agency must not bill nor receive payments from a licensed health care facility at a rate higher than 130% of the sum of total compensation plus associated payroll taxes for applicable employee classifications. Provides that the maximum charge must include all charges for administrative fees, contract fees, or other special charges in addition to compensation for the temporary nursing pool personnel supplied to a health care facility. Amends the Illinois Public Aid Code. Provides that is shall be a matter of State policy that the Department of Healthcare and Family Services shall set nursing facility rates, by rule, utilizing an evidence-based methodology that rewards appropriate staffing, quality-of-life improvements for nursing facility residents, and the reduction of racial inequities and health disparities for nursing facility residents enrolled in Medicaid. Contains provisions concerning the Patient Driven Payment Model for nursing services reimbursements; utilization of the Staff Time and Resource Intensity Verification study; the statewide base rate for certain dates of service; the establishment of a variable per diem add-on for nursing facilities with specified staffing levels; directed payments to improve the quality of care delivered by nursing facilities; occupied bed tax amounts beginning January 1, 2022, emergency rules; and other matters. Schedules for repeal on July 1, 2024 the Nursing Home License Fee Article of the Code. Amends the Illinois Administrative Procedure Act. Permits the Department of Healthcare and Family Services to adopt emergency rules to implement certain changes made by the amendatory Act.
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Creates the Commission on the Prevention and Access to Treatment of Addiction Act. Provides that the Commission on the Prevention and Access to Treatment of Addiction is established within, but is not subject to the control of, the Department of Human Services. Provides that the Commission shall work to promote positive mental, emotional, and behavioral health and early intervention for persons with a mental illness, and to prevent substance use disorders among residents of the State. Contains provisions concerning the composition of the Commission and reappointments and vacancies. Provides that the Commission may establish advisory committees to assist its work. Sets forth the duties of the Commission, including: (i) promoting an understanding of the science of prevention, social determinants of health, and trauma-informed care; (ii) making recommendations to the General Assembly that promote behavioral health and prevention issues at the universal, selective, and indicated levels; (iii) hold public hearings and meetings to accept comment from the general public and to seek advice from experts; and other matters. Requires the Commission to submit annual reports to the General Assembly on the state of preventing substance use disorder and promoting behavioral health in Illinois.
Amends the Nurse Practice Act. Ratifies and approves the Nurse Licensure Compact, which allows for the issuance of multistate licenses that allow nurses to practice in their home state and other compact states. Provides that the Nurse Licensure Compact does not supersede existing State labor laws. Provides that the State may not share with or disclose to the Interstate Commission of Nurse Licensure Compact Administrators or any other state any of the contents of a nationwide criminal history records check conducted for the purpose of multistate licensure under the Nurse Licensure Compact.
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.
Amends the Homelessness Prevention Act. Provides that the Department of Human Services shall be mindful of preventing undue administrative burden in the application process for individual tenants in applying for assistance. Provides that program staff shall endeavor to lessen any administrative burden on landlords receiving assistance payments. Amends the Eviction Article of the Code of Civil Procedure. Provides that a defendant shall have an affirmative defense to any action where the plaintiff demands has made a demand for possession that is based on unpaid rent regardless of whether the owner has joined in the action a claim for rent if the defendant, a social services agency, or a government agency offered the owner an application for emergency housing assistance and the owner refused to complete the process to obtain the emergency housing assistance and the defendant would have been eligible for the emergency housing assistance program. Provides that the owner may overcome the affirmative defense only if the court makes a finding that the application for emergency housing assistance would impose a significant administrative burden on the owner. Amends the Illinois Human Rights Act. Defines "source of income". Provides that if a landlord requires that a prospective tenant or current tenant have a certain threshold level of income, then the landlord shall subtract any source of income in the form of a rent voucher or subsidy from the total of the monthly rent prior to calculating if the income criteria have been met. Provides that a landlord shall not apply an income or asset requirement to a tenant with a non-wage source of income that the landlord does not apply to all tenants. Provides that if an income or asset requirement serves to generally exclude participants in a housing or benefits program, that requirement shall be considered presumptively discriminatory. Makes other changes.
Amends the Nursing Home Care Act. Provides that "emergency" means a situation, physical condition or one or more practices, methods or operations which present imminent danger of death or serious physical or mental harm to residents of a facility, as provided in the clinical documentation of the resident in his or her medical record (rather than a situation, physical condition or one or more practices, methods or operations which present imminent danger of death or serious physical or mental harm to residents of a facility). Provides that the need for devices used for positioning must be demonstrated by a resident and documented in the resident's care plan. Requires the demonstrated need to be revisited in every comprehensive assessment of the resident. Provides that psychotropic medication shall only be administered to a resident if clinical documentation in the resident's medical record supports the benefit of the psychotropic medication over contraindications related to other prescribed medications and the diagnosis of the resident.
Amends the Department of Healthcare and Family Services Law of the Civil Administrative Code of Illinois. Requires the Department of Healthcare and Family Services, subject to federal law, to take all necessary action to ensure that proposed modifications, additions, deletions, or amendments to the healthcare and behavioral healthcare (mental health and substance use disorder) provisions of the Illinois Public Aid Code are announced, shared, disseminated, and explained prior to the Department undertaking such proposed modifications, if legally possible. Requires the Department to provide consumer or patient advocacy groups, managed care organizations under contract with the Department, and other interested parties with notice, information, and opportunity to comment, object, or support prior to final action upon, addition, modification, deletion, or amendment to the healthcare and behavioral healthcare (mental health and substance use disorder) provisions to or from the Illinois Public Aid Code or rules or regulations promulgated based upon the Illinois Public Aid Code, for which the Department has authority over. Requires the Department to give the interested parties the opportunity to provide input and advice upon proposed actions of the Department regarding healthcare and behavioral healthcare (mental health and substance use disorder) provisions to or from the Illinois Public Aid Code or Department rules. Provides that the amendatory Act shall not be construed to modify or grant preferences to the interested parties over any other party or the public with respect to the Department's administrative or legislative activities; nor grant the interested parties the right to block or veto Department action.
Creates the Recovery and Mental Health Tax Credit Act. Provides that the Department of Human Services shall establish and administer a recovery tax credit program to provide tax incentives to qualified employers who employ eligible individuals in recovery from a substance use disorder or mental illness in part-time and full-time positions within Illinois. Creates the Advisory Council on Mental Illness and Substance Use Disorder Impacts on Employment Opportunities within Minority Communities. Sets forth the membership of the Council. Provides that the Council shall advise the Department of Human Services regarding employment of persons with mental illnesses and substance use disorders in minority communities. Amends the Illinois Income Tax Act to make conforming changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Requires the Department of Human Services to maintain an electronic listing of the tax credit certificates it issues under the recovery tax credit program so that the Department of Revenue may confirm the eligibility of qualified employers for the tax credit. Provides that the tax credit authorized under the Act may not be carried forward. Contains provisions concerning tax credits for partners, shareholders of S corporations, and owners of limited liability companies. Makes other changes. Amends the Illinois Income Tax Act. Provides that a taxpayer who has been awarded a credit under the Recovery and Mental Health Tax Credit Act is entitled to a credit against the tax imposed under specified provisions of the Illinois Income Tax Act. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 1 with the following changes: Requires the Department of Human Services to maintain an electronic listing of the certificates of tax credit issued by which the Department of Revenue may verify tax credit certificates issued to qualifying employers. Provides that the tax credit authorized under the Act may not be carried forward. Provides that a taxpayer who is a qualified employer who has received a certificate of tax credit from the Department shall be allowed a credit against the tax imposed equal to the amount shown on such certificate of tax credit. Provides that if the taxpayer is a partnership or Subchapter S corporation the credit shall be allowed to the partners or shareholders in accordance with the determination of income and distributive share of income as provided under specified provisions of the Internal Revenue Code. Makes other changes. Amends the Illinois Income Tax Act. Provides that for taxable years beginning on or after January 1, 2023, a taxpayer who has been awarded a credit under the Recovery and Mental Health Tax Credit Act is entitled to a credit against the tax imposed under specified provisions of the Illinois Income Tax Act.
Amends the Criminal Identification Act. Provides that a petitioner may petition the circuit court to expunge the records of his or her arrests and charges not initiated by arrest when each arrest or charge not initiated by arrest sought to be expunged resulted in: (1) an order of misdemeanor diversion under the Unified Code of Corrections, and the diversion program was successfully completed by the petitioner; or (2) a conviction for possession of certain specified amounts of a controlled substance; (3) a conviction for possessing less than 5 grams of methamphetamine; or (4) a conviction where the statutory penalty changed as a result of a resentencing hearing under the Code of Criminal Procedure of 1963. Amends the Illinois Controlled Substances Act. Changes the penalties for the manufacture, delivery, or possession with intent to manufacture or deliver, or possession of a controlled substance. Amends the Methamphetamine Control and Community Protection Act. Changes the penalties for methamphetamine delivery or possession. Amends the Code of Criminal Procedure of 1963. Provides that a person serving a sentence, including a sentence of probation, for an offense for which the statutory penalty has been subsequently reduced under the amendatory Act to petition the trial court that entered the judgment of conviction to request resentencing in accordance with the statutory penalty in effect at the time of the filing of the petition. Amends the Unified Code of Corrections to create a Misdemeanor Diversion Program. Fiscal Note (Admin Office of the Illinois Courts) HB3447 amends the Criminal Identification Act regarding expungements. Based on a review of the bill, it has been determined that the proposed legislation would have no fiscal impact on the state appropriation to the judicial branch. It is not possible to determine what fiscal impact, if any, the bill would have on local judicial budgets.
Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to cover immunosuppressive drugs and related services associated with post-kidney transplant management for noncitizens who are not eligible for comprehensive medical benefits but meet certain residency and financial requirements under the Code. Effective immediately.