Sen. Julie Morrison

Amends the Illinois Procurement Code. Provides that the Code shall not apply to the acquisition of modifications or adjustments, including assistive technology devices and services, to provide reasonable accommodations to specified persons. Effective immediately. House Committee Amendment No. 1 Modifies provisions providing that the Illinois Procurement Code shall not apply to the acquisition of modifications or adjustments to provide reasonable accommodations to specified persons with a disability. Defines terms. House Floor Amendment No. 3 Provides that acquisition of modifications or adjustments shall be limited to (rather than including, but not limited to) assistive technology devices and assistive technology services, adaptive equipment, repairs, and replacement parts to provide specified reasonable accommodations.

Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or managed care plan amended, delivered, issued, or renewed on or after the effective date of the amendatory Act that provides coverage to an Illinois resident shall provide coverage for the treatment, removal, elimination, or maximum feasible treatment of nevus flammeus, also known as port-wine stains, including, but not limited to, port-wine stains caused by Sturge-Weber Syndrome. Provides that no health carrier may reduce or eliminate coverage due to coverage for port-wine stain treatment. Provides that the Director of Insurance shall not approve any rate increases due to coverage for port-wine stain treatment. Provides that no health maintenance organization shall increase rates due to coverage for port-wine stain treatment. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Illinois Public Aid Code. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or managed care plan amended, delivered, issued, or renewed on or after January 1, 2022 shall provide coverage for treatment to eliminate or provide maximum feasible treatment of nevus flammeus, also known as port-wine stains, including, but not limited to, port-wine stains caused by Sturge-Weber syndrome. Provides that treatment or maximum feasible treatment shall include early intervention treatment, including topical, intralesional, or systemic medical therapy and surgery, and laser treatments approved by the U.S. Food and Drug Administration in children aged 18 years and younger that are intended to prevent functional impairment related to vision function, oral function, inflammation, bleeding, infection, and other medical complications associated with port-wine stains. Provides that the coverage for port-wine stain treatment shall not include treatment solely for cosmetic purposes. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Illinois Public Aid Code.

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.

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.

Creates the Preventing Youth Vaping Act. Provides that it is unlawful for a person to sell or distribute specified electronic cigarettes and electronic cigarette packaging. Contains advertising and manufacturing requirements. Provides civil and criminal penalties. Provides that the Department of Agriculture, Department of Revenue, Department of Public Health, and Illinois State Police shall have equal and joint authority to administer and enforce the Act, may adopt rules, and may inspect any business that manufactures, transports, or distributes electronic cigarettes to ensure compliance with the Act. Amends the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Removes language providing that an "electronic cigarette" does not include a tobacco product and that a "tobacco product" does not include an electronic cigarette. Provides prohibitions regarding the sale of electronic cigarettes and allows specified peace officers to seize any tobacco products or electronic cigarettes involved in a specified violation. Makes other changes. Amends the Prevention of Cigarette Sales to Persons under 21 Years of Age Act. Changes the Act's title to the Prevention of Cigarette and Electronic Cigarette Sales to Persons under 21 Years of Age Act. Defines "electronic cigarette" and refers to electronic cigarettes in conjunction with cigarettes. Makes other changes. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 720 ILCS 678/9 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. In provisions of the Preventing Youth Vaping Act regarding prohibitions, removes language providing that it is unlawful to sell in any one transaction more than 2 electronic cigarettes, 4 prepackaged cartridges of electronic cigarette solution, or 100 milliliters of electronic cigarette solution to a consumer. Provides that "electronic cigarette" does not include any device that meets the definition of cannabis paraphernalia under the Cannabis Regulation and Tax Act. Provides that electronic cigarettes first sold prior to August 8, 2016 and for which a premarket tobacco product application was submitted to the U.S. Food and Drug Administration by September 9, 2020 shall not be deemed to be in violation of specified provisions. Removes language requiring manufacturers to annually submit specified reports and lists of ingredients to the Attorney General. In provisions amending the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, provides that no person shall honor or accept any discount, coupon, or other benefit or reduction in price that is inconsistent with specified provisions, subsequent United States Food and Drug Administration industry guidance, or any rules adopted under the specified federal provisions (instead of specified prohibitions). Makes other changes. In provisions amending the Prevention of Cigarette Sales to Persons under 21 Years of Age Act, removes changes to provisions concerning statements for delivery sales. Makes other changes. Effective immediately. House Floor Amendment No. 3 In provisions creating the Preventing Youth Vaping Act, provides that the Department of Revenue may adopt rules that are reasonable, necessary, and related to the administration and enforcement of the provisions of the Act (rather than providing that the Department of Agriculture, the Department of Revenue, the Department of Public Health, and the Illinois State Police shall have equal and joint authority to administer and enforce the Act and may adopt rules for the purpose of administering and enforcing the Act). Provides that the Department of Revenue, the Department of Public Health, a local public health department, the Department of Human Services, the Illinois State Police, a county sheriff, and a municipal police department (rather than the Department of Agriculture, Department of Revenue, Department of Public Health, and Illinois State Police) may inspect any business that sells, manufactures, transports, or distributes electronic cigarettes in the State to ensure compliance with the Act. Requires any violation of the Act to be reported to the Department of Revenue within 7 business days. In provisions amending the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, removes language providing that no person under 21 years of age shall buy any tobacco product, electronic cigarette, or alternative nicotine product. Provides that any peace officer or duly authorized member of the Illinois State Police, a county sheriff's department, a municipal police department, the Department of Revenue, the Department of Public Health, a local health department, or the Department of Human Services (rather than any peace officer or duly authorized member of the Department of Revenue or the Department of Public Health) may seize specified products. Provides that after the Department of Revenue has seized any tobacco product, nicotine product, or electronic cigarette under the amendatory provisions and a person having any property interest in the seized property has not been charged with an offense under specified provisions, the Department of Revenue must hold a hearing and determine specified information. Removes language providing an immediate effective date. Makes other changes.

Amends the Illinois Domestic Violence Act of 1986. Provides that the Supreme Court may implement a program to issue a Hope Card to the petitioner of a plenary order of protection for the petitioner to distribute to any individual who may need to be aware of the order. Adds provisions concerning the design and details of a Hope Card. Provides that a Hope Card shall have the same effect as the underlying plenary order of protection. Provides that the program may provide for the issuance of a temporary Hope Card at the time of the entry of the plenary order of protection. Provides that the first Hope Card shall be free, and the Supreme Court may establish a fee for any additional Hope Card, not to exceed $7 per Hope Card. Makes a corresponding change. House Committee Amendment No. 1 Provides that the Supreme Court shall (rather than may) implement a program to issue a Hope Card to the petitioner of a plenary order of protection. Provides that 3 three Hope Cards per protected party (rather than the first Hope Card) issued shall be free. Allows the Supreme Court to establish a fee for any additional Hope Card, not to exceed $5 (rather than $7) per Hope Card. House Floor Amendment No. 2 Replaces everything after the enacting clause with the contents of the introduced bill and House Amendment No. 1, but provides that the Supreme Court may (rather than shall) implement a program to issue a Hope Card to the petitioner of a plenary order of protection.

Amends the Counties Code. Provides that, in the counties of DuPage, Kane, Lake, Will, and McHenry, proceeds from the County Motor Fuel Tax Law may also be used for operating, constructing, improving, and acquiring land for shared-use paths for nonvehicular public travel, sidewalks, and bike paths. Amends the Illinois Highway Code. Provides that "highway" includes shared-use paths for nonvehicular public travel, sidewalks, and bike paths. Provides that any county may acquire property for the construction, maintenance or operation of any shared-use path for nonvehicular public travel, sidewalk, or bike path within the county. Provides that the county board of a county with a population over 500,000 may also use motor fuel tax funds allotted to it for the construction and maintenance of shared-use paths for nonvehicular public travel, sidewalks, and bike paths. Makes other changes. Effective immediately.

Amends various Acts to revise statutory law to conform the statutes to the reorganization of the executive branch taking effect under Executive Order 2019-12. Makes other changes concerning the Illinois State Police and makes technical and stylistic changes. Effective immediately. Senate Committee Amendment No. 1 Provides that the Office of the Statewide 9-1-1 Administrator is within the Division of Statewide 9-1-1. Senate Floor Amendment No. 2 Deletes reference to: 720 ILCS 648/10 720 ILCS 649/10 720 ILCS 649/15 720 ILCS 649/20 720 ILCS 649/25 730 ILCS 154/11 740 ILCS 175/8 750 ILCS 50/12.3 Replaces references to the Office of the Statewide 9-1-1 Administrator with references to the Division of Statewide 9-1-1. Deletes new language that duplicates language in existing law. Removes the text of statutes that are not amended by the bill. Corrects a typographical error in existing law.