Sen. Julie Morrison

Amends the Freedom from Drone Surveillance Act. Defines "special event". Deletes "data" from the definition of "information". Provides that "information" does not apply to circumstances in which the drone is used over publicly owned property or private property with prior permission of the owner of the private property when the purpose is training peace officers, public relations, conducting infrastructure inspections, or other similar non-law enforcement purposes. Permits the use of a drone by a law enforcement agency at a special event to prepare for or monitor crowd size, density, and movement; assess public safety staffing; or to monitor the safety of the participants. Provides that a law enforcement agency may use a drone to respond to Public Safety Answering Point (PSAP) dispatched calls for service, when the primary purpose for the response is to locate or assist victims, or both, identify offenders, and to guide emergency response. Provides that information gathered by a drone is subject to the disclosure and exception to disclosure provisions of the Freedom of Information Act. Makes other changes. Amends the Freedom of Information Act to make conforming changes.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, for the purpose of removing barriers to the timely treatment of serious mental illnesses, prior authorization mandates and utilization management controls shall not be imposed under the fee-for-service and managed care medical assistance programs on any FDA approved prescription drug that is recognized by a generally accepted standard medical reference as effective in the treatment of conditions specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, for the purpose of removing barriers to the timely treatment of serious mental illnesses, insurance cost containment prior authorization mandates and insurance utilization management controls shall not be imposed under the fee-for-service and managed care medical assistance programs on any FDA approved prescription drug that is recognized by a generally accepted standard medical reference as effective in the treatment of conditions specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

Creates the Flavored Tobacco Ban Act. Provides that a tobacco retailer or his or her agents or employees may not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product, flavored related tobacco product, flavored alternative nicotine product, or flavored solution or substance intended for use with electronic cigarettes. Provides that (1) "tobacco product" includes products containing tetrahydrocannabinol and products containing a mixture of tetrahydrocannabinol and nicotine, and (2) "tobacco retailer" includes dispensing organizations and dispensing organization agents, as those terms are defined in the Cannabis Regulation and Tax Act. Creates a presumption that a tobacco product, related tobacco product, alternative nicotine product, or solution or substance intended for use with electronic cigarettes is a banned product, solution, or substance intended for use with electronic cigarettes if it has or produces a characterizing flavor. Establishes penalties for violations. Provides that all moneys collected as fines and civil penalties for violations of the Act shall be distributed: one-half to the State agency or unit of local government that successfully prosecuted the offender; and one-half to the Department of Revenue to be used for enforcing the Act and the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Provides that the Act does not preempt or otherwise prohibit the adoption of a local standard that imposes greater restrictions on the access to specified products, solutions, or substances than the restrictions imposed by the Act. Amends the Tobacco Products Tax Act of 1995. Permits the Department of Revenue to suspend the license of any distributor that violates the Flavored Tobacco Ban Act.

Amends the Illinois Insurance Code. Provides that if a generic equivalent for a brand name drug is approved by the federal Food and Drug Administration, plans that provide coverage for prescription drugs through the use of a drug formulary that are amended, delivered, issued, or renewed in the State on or after January 1, 2022 shall comply with specified requirements. Provides that the Department of Insurance may adopt rules to implement provisions concerning notice of change of drug formulary. In provisions concerning a contract between a health insurer and a pharmacy benefit manager, provides that a pharmacy benefit manager must update and publish maximum allowable cost pricing information according to specified requirements, must provide a reasonable administrative appeal procedure to allow pharmacies to challenge maximum allowable costs, and must comply with specified requirements if an appeal is denied. Sets forth provisions concerning pharmacy benefit manager contracts; specified requirements that a pharmacy benefit manager shall comply with; specified requirements that an auditing entity shall comply with when conducting a pharmacy audit; and specified requirements concerning pharmacy network access standards. Provides that a violation of specified provisions is an unfair method of competition and unfair and deceptive act or practice in the business of insurance. Sets forth provisions concerning applicability of the Pharmacy Benefit Managers Article of the Illinois Insurance Code, and provisions concerning fiduciary responsibility of a pharmacy benefit manager. Defines terms. Makes other changes. Amends the Illinois Public Aid Code. Sets forth provisions concerning reimbursement of professional dispensing fees and acquisition costs for pharmacy providers. Senate Committee Amendment No. 1 Adds reference to: 215 ILCS 5/513b7 new 215 ILCS 5/513b8 new 215 ILCS 124/35 new Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that a pharmacy may not be subject to a chargeback or recoupment for a clerical or recordkeeping error in a required document or record unless the pharmacy benefit manager can provide proof of intent to commit fraud or such error results in actual financial harm to the pharmacy benefit manager, a health plan managed by the pharmacy benefit manager, or a consumer. Removes various provisions concerning pharmacy benefit manager contracts. Defines "spread pricing". Removes various definitions. Amends the Network Adequacy and Transparency Act. In provisions concerning pharmacy payments under the Medical Assistance Article of the Illinois Public Aid Code, provides that the Department of Healthcare and Family Services may reimburse a pharmacy owned by an entity participating in the federal Drug Pricing Program under the federal Public Health Service Act, for drugs purchased under the Program, an amount equal to or greater than the ceiling price calculated under the federal Act. Provides that all Medicaid managed care organizations must reimburse a pharmacy participating in the federal Drug Pricing Program, for drugs purchased under the Program, an amount equal to or greater than the current national average drug acquisition cost listing for the pharmaceutical product. Provides that the Department, a Medicaid managed care organization, and a pharmacy benefit manager under contract with a Medicaid managed care provider to reimburse pharmacy providers shall not prohibit any entity or pharmacy participating in the federal Drug Pricing Program from using drugs purchased under the federal Act when submitting claims for pharmaceutical reimbursement. Makes other changes.

Amends the Hospital Licensing Act. In provisions regarding patient protection from abuse, provides that no patient, administrator, agent, or employee (rather than administrator, agent, or employee) of a hospital or a member of its medical staff may abuse a patient in the hospital. Provides that "abuse" in the provisions means any physical or mental injury or sexual abuse intentionally inflicted by, among other specified persons, a patient.

Amends the Sexual Assault Survivors Emergency Treatment Act. Removes language providing that, on and after July 1, 2012, the Department of Public Health shall reduce any rate of reimbursement for services or other payments or alter any methodologies authorized by the Act or the Illinois Public Aid Code to reduce any rate of reimbursement for services or other payments in accordance with specified provisions of the Illinois Public Aid Code. Provides that, notwithstanding any other provision of law, a specified person or entity who provides an acute exam to a sexual assault survivor under the Act who is uninsured or receives medical assistance under the Illinois Public Aid Code shall receive reimbursement for each acute exam provided in the amount of $3,000 for acute exams provided to adult sexual assault survivors or to pediatric sexual assault survivors. Provides that the rates of reimbursement may be increased by the Department of Public Health. Provides that a sexual assault survivor with a nonprimary insurance policy may opt out of billing the sexual assault survivor's private insurance provider in a situation in which a concern for safety or confidentiality exists. Effective immediately.

Amends the Illinois Income Tax Act. Provides that a taxpayer who may claim a qualifying student as a dependent is allowed a credit of up to $2,000 for qualified tuition and fee expenses paid by the taxpayer. Provides that the term qualifying student means a person who (i) is a resident of the State, (ii) is under the age of 24 at the close of the school year for which a credit is sought, and (iii) during the school year for which a credit is sought, is a full-time student enrolled in a program at a qualifying college or university. Effective immediately.

Appropriates $246,800,000 from the General Revenue Fund to the Department of Human Services for a full second year implementation of all of the rate methodology recommendations contained within the Illinois Developmental Disabilities Services Rate Study Regarding Residential Services and Related Supports. Effective July 1, 2022.

Appropriates $50,000 from the General Revenue Fund to the Lake County State's Attorney's Office for a 2-year pilot program to send electronic text messages to remind victims and surviving family members of upcoming court dates. Effective July 1, 2022.

Creates the Local Official Vacancy Posting Act. Provides that a unit of local government shall post every elected official vacancy on its website, if it has one, and the county clerk shall also post the vacancy on its website. Provides that the posting shall remain on each website until the vacancy is filled. Limits home rule powers. Senate Floor Amendment No. 1 Provides that a unit of local government shall post every elected official vacancy on its website, if the website is maintained by the unit of local government's full-time staff (rather than if it has a website).