Sen. Julie Morrison

Amends the University of Illinois Hospital Act, the Ambulatory Surgical Treatment Center Act, and the Hospital Licensing Act. Provides that an unused portion of a facility-provided medication required for continuing treatment must be provided to a patient upon discharge when the facility-provided medication is ordered at least 24 hours in advance for surgical procedures. Requires facility-provided medications to be consistent with labeling requirements under specified provisions of the Pharmacy Practice Act. Provides that if a facility-provided medication is used in an operating room or emergency department setting, the prescriber is responsible for counseling the patient on its proper use and administration and the requirement of pharmacist counseling is waived. Defines "facility-provided medication". Amends the Pharmacy Practice Act. Provides that when a facility-provided medication is administered to a patient at the facility, any unused portion of the facility-provided medication must be offered to the patient upon discharge when it is required for continuing treatment. Requires facility-provided medications to be consistent with labeling requirements under specified provisions of the Pharmacy Practice Act. Provides that if a facility-provided medication is used in an operating room or emergency department setting, the prescriber is responsible for counseling the patient on its proper use and administration and the requirement of pharmacist counseling is waived. Defines "facility-provided medication". Effective July 1, 2021. Senate Committee Amendment No. 1 In provisions amending the Pharmacy Practice Act, provides that when a facility-provided medication is ordered at least 24 hours in advance for a surgical procedure and is administered (instead of only is administered) to a patient at the facility, any unused portion of the facility-provided medication must be offered to the patient upon discharge when it is required for continuing treatment.

Amends the Guardians For Adults with Disabilities Article of the Probate Act of 1975. Provides that a petition for the appointment of a temporary guardian for an alleged person with a disability shall be filed at the time of or subsequent to the filing of a petition for adjudication of disability and appointment of a guardian. Provides that the petition for the appointment of a temporary guardian shall state specified facts. Provides that notice of the time and place of the hearing on a petition for the appointment of a temporary guardian or petition to revoke the appointment of a temporary guardian shall be given not less than 3 days before the hearing. Effective immediately.

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that, subject to federal law and regulation, no provider of telephone, cellular telephone, television, Internet, energy, medical alert system, or water services shall impose a fee for termination or early cancellation of a service contract if the customer dies before the end of the contract. Provides that every violation is an unlawful practice within the meaning of the Act.

Amends the Illinois Insurance Code. Includes the delivery of covered health care services by way of telephone usage in the definition of "telehealth services". Provides that health care services that are covered under an individual or group policy of accident or health insurance must be covered when delivered via telehealth services when clinically appropriate, subject to specified conditions (rather than requiring an individual or group policy of accident or health insurance to comply with specified conditions if it provides coverage for telehealth services). Provides that patient cost-sharing may be no more than if the health care service were delivered in person. Provides that no excepted benefit policy may deny or reduce any benefit to a patient based on the use of clinically appropriate telehealth services in the course of satisfying the policy's benefit criteria. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. In provisions concerning health care services that are covered under an individual or group policy of accident and health insurance that must be covered when delivered via telehealth services when clinically appropriate, provides that reimbursement to a health care provider for telehealth services for behavioral health services provided through an interactive telecommunications system shall be made on the same basis, in the same manner, and at the same rate as would be applied for the same services if they had been delivered in-person and shall include reasonable compensation to a facility that serves as the originating site at the time a telehealth service is rendered. Provides that with respect to telehealth benefits provided in an individual or group policy of accident or health insurance, insurers may not (rather than an individual or group policy of accident or health insurance may not) require patients to use a separate panel of health care providers to receive telehealth service coverage and reimbursement; create geographic or facility restrictions or requirements for telehealth services; require patients or health care providers to prove a hardship or access barrier before the approval of telehealth services for coverage or reimbursement; negotiate different contract rates for telehealth services and in-person services for behavioral health services; or impose upon telehealth services utilization review requirements that are unnecessary, duplicative, or unwarranted or impose any treatment limitations, prior authorization, documentation, or recordkeeping requirements that are more stringent than the requirements applicable to the same health care service when rendered in-person. Provides that health care providers shall determine the appropriateness of specific sites, technology platforms, and technology vendors for a telehealth service, as long as delivered services adhere to privacy laws. Defines terms. House Floor Amendment No. 2 Adds reference to: 215 ILCS 5/356z.43 new 225 ILCS 150/5 225 ILCS 150/15 325 ILCS 20/3 from Ch. 23, par. 4153 325 ILCS 20/3b new 325 ILCS 20/11 from Ch. 23, par. 4161 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that a health insurer shall reimburse a network provider for behavioral health services delivered through telehealth on at least the same basis and at the same rate as if delivered in-person. Provides that a health insurer may establish reasonable requirements and parameters for telehealth services. Further amends the Illinois Insurance Code. Creates the Telehealth Payment Parity Task Force to review and study the use of telehealth services in the State with respect to payment and reimbursement parity for health care providers providing such services. Sets forth provisions concerning election of a chairperson, compensation, and appointments of members of the Telehealth Payment Parity Task Force. Provides that the task force shall submit its findings and recommendations to the Governor and General Assembly by December 31, 2021. Provides that the task force is dissolved on January 1, 2023. Amends the Telehealth Act. In provisions concerning use of telehealth, provides that services provided by telehealth shall be consistent with all federal and State privacy, security, and confidentiality laws. Provides that health care professionals shall determine the appropriateness of specific sites, technology platforms, and technology vendors for a telehealth service, as long as delivered services adhere to specified privacy laws. Provides that health care professionals shall maintain documentation and recordkeeping in accordance with specified provisions of the Illinois Administrative Code. Amends the Early Intervention Services System Act. Permits an early intervention provider to deliver via telehealth any type of early intervention services authorized under the Act to the extent of his or her scope of practice as established in his or her respective licensing Act consistent with the standards of care for in-person services. Requires parents to be informed of the availability of early intervention services provided through telehealth. Provides that parents shall make the final decision as to whether accepted early intervention services are delivered in person or via telehealth. Defines terms. Makes other changes. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 215 ILCS 5/356z.43 new Adds reference to: 5 ILCS 100/5-45.8 new 225 ILCS 150/10 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Provides that an individual or group policy of accident or health insurance that is amended, delivered, issued, or renewed on or after the effective date of the amendatory Act shall cover telehealth services, e-visits, and virtual check-ins rendered by a health care professional when clinically appropriate and medically necessary to insureds, enrollees, and members in the same manner as any other benefits covered under the policy. Provides that an individual or group policy of accident or health insurance may provide reimbursement to a facility that serves as the originating site at the time a telehealth service is rendered. Sets forth provisions with which coverage for telehealth services shall comply. Provides that an individual or group policy of accident or health insurance shall notify health care professionals and facilities of any instructions necessary to facilitate billing for telehealth services, e-visits, and virtual check-ins. Provides that the Department of Insurance and the Department of Public Health shall commission a report to the General Assembly and shall submit the report by December 31, 2026. Provides that the Department of Insurance may adopt rules to implement the provisions. Provides that specified provisions are inoperative on and after January 1, 2028. Removes provisions concerning the Telehealth Payment Parity Task Force. Defines terms. Further amends the Telehealth Act. Changes a reference to "telehealth" to "telehealth services." Removes language that provides that health care professionals shall maintain documentation and recordkeeping in accordance with specified provisions of the Illinois Administrative Code. Defines terms. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Makes other changes. Effective immediately.

Amends the Children with Disabilities Article of the School Code. Requires a school district to provide notification to the parent or guardian of a student with an individualized education program (IEP) that the student may be eligible to receive additional specified services, benefits, or resources. Provides that the written notification must be provided no later than 30 days following the implementation of the initial IEP and once a year thereafter. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Removes the requirement that a school district provide written notification concerning Supplemental Security Income and a special-needs trust. Provides that a school district must provide the written notification concerning the Prioritization of Urgency of Need for Services database to the parent or guardian at the initial meeting between the school district and the parent or guardian to develop the student's individualized education program and once a year thereafter at a regularly scheduled individualized education program meeting (rather than no later than 30 days following the implementation of the initial individualized education program and once a year thereafter). Requires a school district to provide to the parent or guardian of a student with an individualized education program a copy of the Department of Human Services' guide titled "Understanding PUNS". Effective immediately. House Floor Amendment No. 2 Deletes reference to: 105 ILCS 5/14-17 new Adds reference to: 105 ILCS 5/2-3.163 Replaces everything after the enacting clause. Amends the School Code. In provisions concerning the Prioritization of Urgency of Need for Services database, requires the State Board of Education, in consultation with the Department of Human Services, through school districts, to provide to parents and guardians of students a copy of the Department of Human Services' guide titled "Understanding PUNS: A Guide to Prioritization for Urgency of Need for Services" each year at the annual review meeting for the student's individualized education program (rather than requiring the State Board of Education, in consultation with the Department of Human Services, to inform parents and guardians of students through school districts about the Prioritization of Urgency of Need for Services waiting list). Effective immediately.

Amends the Children and Family Services Act. In a provision concerning the composition of the Direct Child Welfare Service Employee License Board, provides that, in addition to other specified members, the Board must include 5 licensed professionals from the field of human services with a human services, juris doctor, medical, public administration, or other relevant human services degree (rather than 5 licensed professionals from the field of human services with a human services degree or equivalent course work as required by rule of the Department of Children and Family Services). Amends the Adoption Act. Provides that calls to the toll-free number maintained by the Department of Children and Family Services to respond to requests from the public about its post-placement and post-adoption support services shall be answered no more than one business day after (rather than 24 hours from) receipt of the request.

Amends the Children and Family Services Act. Beginning with the 2021-2022 academic year, requires the Department of Children and Family Services to establish and administer the Child Welfare Education Stipend Pilot Program to provide financial assistance to students who commit to seek and maintain employment at an Illinois purchase of service agency that contracts with the Department following their graduation from a participating institution of higher education with a degree in social work. Sets forth provisions concerning an intergovernmental agreement, student eligibility and renewal, the stipend amount, the student's employment obligation, repayment of a stipend, Department and institution requirements, reporting, and rulemaking. Effective July 1, 2021. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Renames the program as the Pat McGuire Child Welfare Education Fellowship Pilot Program. Makes changes concerning the General Assembly's findings, definitions, the duration of the pilot program, the purpose of the program, the stipend amount, eligibility for a stipend, employment requirements, repayment, and reporting, among other changes. Effective July 1, 2021.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that targeted dental services that are provided to adults and children under the Medical Assistance Program shall be established and paid at no less than the rates established under the State of Illinois Dental Benefit Schedule and shall include specified dental procedures. Sets forth the reimbursement rates for certain anesthesia services. Provides that the Department of Healthcare and Family Services shall administer and regulate a school-based dental program that allows for the out-of-office delivery of preventative dental services in a school setting to children under 19 years of age. Provides that the medical assistance program shall cover charges incurred, and anesthetics provided, in conjunction with dental care that is provided in a hospital or an ambulatory surgical treatment center if the individual is otherwise eligible for medical assistance and the individual (1) has a medical condition that requires hospitalization or general anesthesia for dental care or (2) is a person with a disability. Provides that the medical assistance program shall cover charges incurred, and anesthetics provided by a dentist, in conjunction with dental care that is provided in a dental office or other specified setting if the individual is otherwise eligible for medical assistance and has been diagnosed with (i) an autism spectrum disorder or (ii) a developmental disability. Requires the Department to reimburse providers at no less than the rates established under the State of Illinois Dental Benefit Schedule used for State employees. Effective January 1, 2022. Senate Floor Amendment No. 1 Deletes reference to: 305 ILCS 5/5-5.28 new Replaces everything after the enacting clause. Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall administer and regulate a school-based dental program that allows for the out-of-office delivery of preventative dental services in a school setting to children under 19 years of age. Provides that the Department shall establish, by rule, guidelines for participation by providers and set requirements for follow-up referral care based on the requirements established in the Dental Office Reference Manual published by the Department that establishes the requirements for dentists participating in the All Kids Dental School Program. Provides that every effort shall be made by the Department when developing the program requirements to consider the different geographic differences of both urban and rural areas of the State for initial treatment and necessary follow-up care. Provides that no provider shall be charged a fee by any unit of local government to participate in the school-based dental program administered by the Department. Provides that nothing in the amendatory Act shall be construed to limit or preempt a home rule unit's or school district's authority to establish, change, or administer a school-based dental program in addition to, or independent of, the school-based dental program administered by the Department. Effective January 1, 2022.

Amends the Pharmacy Practice Act. Provides that a student pharmacist or licensed pharmacy technician engaged in remote prescription processing of dialysate or devices necessary to perform home peritoneal renal dialysis at a licensed pharmacy shall be permitted to access an employer pharmacy's database from his or her home or other remote location while under the supervision of a pharmacist for the purpose of performing certain prescription processing functions, provided that the pharmacy establishes controls to protect the privacy and security of confidential records. Effective immediately.

Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or managed care plan that offers a program for wellness coverage must not provide a total incentive that exceeds 30% (rather than 20%) of the cost of self-only or employee-only coverage (rather than only employee-only coverage). Provides that the incentive may be increased by up to an additional 20%, for a total incentive of 50%, to the extent that the additional percentage is in connection with a program designed to prevent or reduce tobacco use. Amends the Navigator Certification Act. Provides that certified application counselors are subject to the same certification requirements as navigators. Provides that navigators or certified application counselors may not engage in any unfair method of competition or any fraudulent, deceptive, or dishonest act or practice related to the health insurance marketplace or to that individual's or entity's absence of a conflict of interest in connection with the enrollment of any individuals or employees in a particular private health benefit plan. Provides that a navigator or certified application counselor who fails to timely file for certificate renewal shall be charged a late fee in an amount prescribed by the Director of Insurance. Revises the meaning of the terms "certified application counselor" and "navigator". Makes other changes. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 215 ILCS 5/356z.17 215 ILCS 121/5 215 ILCS 121/10 215 ILCS 121/15 215 ILCS 121/30 215 ILCS 121/35 215 ILCS 121/45 215 ILCS 121/20 rep. 215 ILCS 121/25 rep. 215 ILCS 121/40 rep. Adds reference to: 215 ILCS 5/1 from Ch. 73, par. 613 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 2 Deletes reference to: 215 ILCS 5/356z.17 215 ILCS 121/5 215 ILCS 121/10 215 ILCS 121/15 215 ILCS 121/30 215 ILCS 121/35 215 ILCS 121/45 215 ILCS 121/20 rep. 215 ILCS 121/25 rep. 215 ILCS 121/40 rep. Adds reference to: New Act 305 ILCS 5/5-5f 305 ILCS 5/5-41 new 305 ILCS 5/5-8 from Ch. 23, par. 5-8 20 ILCS 2205/2205-35 new 305 ILCS 5/5-5.4k new 5 ILCS 100/5-45.8 new 215 ILCS 106/6 new 215 ILCS 170/6 new 305 ILCS 5/5-1.5 305 ILCS 5/5-2 from Ch. 23, par. 5-2 305 ILCS 5/11-4.2 new 305 ILCS 5/11-22d new 305 ILCS 5/11-32 new 305 ILCS 5/12-4.35 305 ILCS 5/5-5 from Ch. 23, par. 5-5 305 ILCS 5/5-5f 305 ILCS 5/5-5 from Ch. 23, par. 5-5 305 ILCS 5/5-42 new 305 ILCS 5/12-4.35 305 ILCS 5/5-5 from Ch. 23, par. 5-5 320 ILCS 40/1 from Ch. 23, par. 6901 320 ILCS 40/6 new 320 ILCS 40/15 from Ch. 23, par. 6915 320 ILCS 40/16 new 320 ILCS 40/20 from Ch. 23, par. 6920 320 ILCS 40/30 rep. 305 ILCS 5/5-19 from Ch. 23, par. 5-19 305 ILCS 5/5-5.01a 20 ILCS 3860/997 new 305 ILCS 5/5-5f 105 ILCS 5/14-15.01 from Ch. 122, par. 14-15.01 305 ILCS 5/5-43 new 305 ILCS 5/5-5.06a new 305 ILCS 5/5-5 from Ch. 23, par. 5-5 305 ILCS 5/5-30.1 Replaces everything after the enacting clause. Creates the Illinois Certified Community Behavioral Health Clinics Act. Requires the Department of Healthcare and Family Services to develop a Comprehensive Statewide Behavioral Health Strategy and to submit this Strategy to the Governor and General Assembly no later than July 1, 2022. Provides that the Strategy shall address key components of current and past legislation as well as current initiatives related to behavioral health services in order to develop a cohesive behavioral health system. Requires the Department to establish, by January 1, 2022, a program for the implementation of certified community behavioral health clinics. Amends the Medical Assistance Article of the Illinois Public Aid Code. Contains provisions concerning inpatient hospitalization for opioid-related overdose or withdrawal patients; services provided by licensed clinical professional counselors and marriage and family therapists; payments for long-acting injectable medications for mental health or substance use disorders; medical assistance benefits for persons determined eligible during the COVID-19 public health emergency; medical assistance coverage for services performed by a chiropractic physician, including, but not limited to, chiropractic manipulative treatment; medical assistance coverage for federally approved tobacco cessation medications and for tobacco cessation counseling services and medications provided through the Illinois Tobacco Quitline; medical assistance coverage for noncitizens for immunosuppressive drugs and related services associated with post-kidney transplant management, excluding long-term care costs; hospital reimbursements for immunizations; supplemental per diem rates for supportive living facilities; a supports waiver program for young adults with developmental disabilities; prior approval for wheelchair repairs; increased funding for dental services; and other matters. Removes a provision that requires the Department of Healthcare and Family Services to post the contracted claims report required by HealthChoice Illinois on its website every 3 months. In a provision requiring vendor payment claims to be received by the Department of Healthcare and Family Services within a specified time period, provides an exception to the filing deadline in cases established by Department rule. Provides that subject to federal approval, children younger than 19 with income at or below 313% of the federal poverty level shall be eligible for medical assistance. Grants the Department of Healthcare and Family Services emergency rulemaking authority. Provides that those provisions under the Illinois Public Aid Code that grant the Department of Healthcare and Family Services the authority to recover the value of health care benefits provided to a recipient under the Children's Health Insurance Program Act or the Covering ALL KIDS Health Insurance Act shall remain in force as to those causes of actions that accrued prior to the date upon which the Children's Health Insurance Program Act or the Covering ALL KIDS Health Insurance Act become inoperative. Permits the Department to forgive, compromise, or reduce any debt owed by a former or current recipient of medical assistance under the Illinois Public Aid Code or health care benefits under the Children's Health Insurance Program or the Covering ALL KIDS Health Insurance Program. Amends the Children's Health Insurance Program Act and the Covering ALL KIDS Health Insurance Act. Makes the Acts inoperative if (i) the Department of Healthcare and Family Services receives federal approval to make children younger than 19 who have countable income at or below 313% of the federal poverty level eligible for medical assistance under the Illinois Public Aid Code and (ii) the Department, upon federal approval, transitions children eligible for health care benefits under the Acts into the medical assistance program. Amends the Department of Healthcare and Family Services Law. Requires the Department of Healthcare and Family Services to recognize veteran support specialists who are certified by, and in good standing with, the Illinois Alcohol and Other Drug Abuse Professional Certification Association, Inc. as mental health professionals as defined in the Illinois Title XIX State Plan and in the Illinois Administrative Code. Amends the All-Inclusive Care for the Elderly Act. Changes the name of the Act to the "Program of All-Inclusive Care for the Elderly Act". Requires the Department of Healthcare and Family Services to prepare and submit a PACE State Plan amendment no later than December 31, 2022 to the federal Centers for Medicare and Medicaid Services to establish the Program of All-Inclusive Care for the Elderly (PACE program) to provide community-based, risk-based, and capitated long-term care services as optional services under the Illinois Title XIX State Plan and under contracts entered into between the federal Centers for Medicare and Medicaid Services, the Department of Healthcare and Family Services, and PACE organizations. Amends the Illinois Health Information Exchange and Technology Act. Changes the repeal date for the Act to January 1, 2027 (rather than January 1, 2022). Amends the Children with Disabilities Article of the School Code. Provides that the Community and Residential Services Authority shall have the power and duty to establish a pilot program to act as a residential research hub to research and identify appropriate residential settings for youth who are being housed in an emergency room for more than 72 hours or who are deemed beyond medical necessity in a psychiatric hospital. Provides that if a child is deemed beyond medical necessity in a psychiatric hospital and is in need of residential placement, the goal of the program is to prevent a lock-out pursuant to the goals of the Custody Relinquishment Prevention Act. Provides that the Executive Director of the Authority or his or her designee shall be added as a participant on the Interagency Clinical Team established in the intergovernmental agreement among the Department of Healthcare and Family Services, the Department of Children and Family Services, the Department of Human Services, the State Board of Education, the Department of Juvenile Justice, and the Department of Public Health, with consent of the youth or the youth's guardian or family pursuant to the Custody Relinquishment Prevention Act. Effective immediately. House Floor Amendment No. 3 Deletes reference to: (305 ILCS 5/5-5 Further amends the Medical Assistance Article of the Illinois Public Aid Code. Removes the language added by House Amendment No. 2 concerning inpatient admissions for persons experiencing opioid-related overdose or withdrawal and instead provides that the Department of Healthcare and Family Services shall ensure that patients, whether enrolled under the Medical Assistance Fee For Service program or enrolled with a Medicaid Managed Care Organization, experiencing opioid-related overdose or withdrawal are admitted on an inpatient status and the provider shall be reimbursed accordingly, when deemed medically necessary, as determined by either the patient's primary care physician, or the physician or other practitioner responsible for the patient's care at the hospital to which the patient presents, using criteria established by the American Society of Addiction Medicine. Provides that if it is determined by the physician or other practitioner responsible for the patient's care at the hospital to which the patient presents, that a patient does not meet medical necessity criteria for admission, then the patient may be treated via observation and the provider shall seek reimbursement accordingly. Provides that nothing shall diminish the requirements of a provider to document medical necessity in the patient's record. Removes the language added by House Amendment No. 2 concerning payments for long-acting injectable medications for mental health or substance use disorders and instead provides that, effective for dates of service on and after January 1, 2022, the medical assistance program shall separately reimburse at the prevailing fee schedule, for long-acting injectable medications administered for mental health or substance use disorder in the hospital inpatient setting, and which are compliant with prior authorization requirements. Provides that the Department of Healthcare and Family Services, in consultation with a statewide association representing a majority of hospitals and managed care organizations shall implement, by rule, reimbursement policy and prior authorization criteria for the use of long-acting injectable medications administered in the hospital inpatient setting for the treatment of mental health disorders. Makes a technical change in a provision concerning payments for long-acting injectable medications for mental health or substance use disorders. Removes language authorizing the Department of Healthcare and Family Services to establish, by rule, exemptions to the filing deadline for vendor payments.