Sen. Don Harmon

Makes appropriations for the 21st Century Employment grant program, the School Social Work Shortage Loan Repayment Program, and the Post-Master of Social Work School Social Work Professional Educator License scholarship for the fiscal year beginning July 1, 2023, as follows: General Funds $6,000,000; Other State Funds $0; Federal Funds $0; Total $6,000,000.

Amends the Property Tax Code. Provides that the assessor shall publish the assessed value of all property that qualifies for a hospital exemption under the Code in the taxable year as well as the estimated property tax liability for that property. Provides that general services, such as health fairs or the preparation and distribution of marketing materials, shall not qualify as a reimbursable cost when determining whether property qualifies for the hospital exemption. Provides that, when calculating the hospital exemption, discounts provided to managed care organizations or commercial insurers are not included unless those services are provided directly pursuant to a contract with the Department of Healthcare and Family Services. Provides that no more than 30% of the total services being claimed as a benefit may be related to residency programs or research. Provides that no more than 50% of the total services being claimed as a benefit may be related to government-sponsored health care. Amends the Community Benefits Act. Makes changes to the definition of "charity care." Provides that the Attorney General shall post certain reports on the Attorney General's website.

Amends the Gasoline Storage Act. Provides that, if a leak of petroleum or a petroleum product occurs from a storage tank regulated by the Act and if the leak results in injury to any person or damage to any person's property, then the owner of the storage tank is strictly liable in civil damages to the person for the full amount of the injury or property damage proximately caused by the leak. Provides that the civil damages are in addition to damages under the Hazardous Material Emergency Response Reimbursement Act.

Amends the Code of Criminal Procedure of 1963 concerning defendants found unfit to stand trial. Provides that if the defendant is remanded to the custody of the Department of Human Services for inpatient services, the defendant shall be placed in a secure setting. Provides that during the period of time required to determine bed and placement availability at the designated facility, the defendant shall remain in jail and the pretrial release provisions do not apply. Provides that no physician or other person employed by the Department of Human Services shall be ordered to perform, in the person's official capacity, an examination of the defendant's fitness. Provides that if the defendant with mental disabilities is ordered to outpatient treatment, the defendant shall be released from custody with instructions to contact the Department of Human Services to schedule the receipt of restoration services in the community. Provides that a defendant who either fails to arrange for the receipt of community restoration services or whom the Department reports has failed to comply in any other respect with the outpatient treatment order shall be remanded to the Department to receive inpatient services at a secure facility designated by the Department. Provides that the initial fitness report shall indicate what information, if any, contained in the report may be harmful to the mental condition of the defendant if made known to the defendant and the Court may determine if the defendant is restricted from receiving the report. Provides that if the defendant is unfit due to a traumatic brain injury or organic brain disease such as Alzheimer's or dementia, or any other condition other than one treatable as a mental illness or developmental disability, the Court may order the defendant placed in a suitable public or private treatment facility or program that has agreed to provide treatment to the defendant. Provides that no person who has not been determined to be unfit due to an identified condition may be placed in a facility operated by the Department of Human Services. Makes other changes. Defines terms.

Amends the Assisted Living and Shared Housing Act. Provides that, prior to commencing construction of new facilities, or alteration or additions to an existing establishment involving major construction of assisted living and shared housing establishments, applicants shall submit architectural drawings and specifications to the Department of Public Health for review and approval. Provides that the Department shall inform an applicant in writing within 10 business after receiving drawings and specifications, and the required fee, if any, whether the applicant's submission is complete or incomplete. Provides that failure to issue this notice shall result in the submission being deemed complete for purposes of initiating a 60-day review period. Provides that the Department shall have 60 days after the date a submission is deemed complete to determine if a submission is approved or disapproved. Provides that, where a submission is deemed incomplete, the Department shall inform the applicant in writing of the deficiencies with the submission. Provides that, if the Department does not approve or disapprove a submission that has been deemed complete within 60 days, the construction, alteration, or additions shall be deemed approved. Provides that an applicant may request a reconsideration of a disapproval of a submission. Provides that, upon submission of additional materials where an initial submission was deemed incomplete or a reconsideration request, the Department shall approve or disapprove the submission by final decision within 45 days after the date of receipt of the additional materials or reconsideration request. Provides for a fee structure for reviews conducted under the provision. Provides that all fees collected under the provision shall be deposited into the Health Facility Plan Review Fund, a special fund created in the State treasury. Provides for expenditures of moneys from the Health Facility Plan Review Fund. Provides that the Department shall conduct a fee structure review 3 years after the effective date of the amendatory Act and every 5 years thereafter.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that coverage for custom prosthetic and orthotic devices under the fee-for-service medical assistance program and under any Medicaid managed care plan shall be no less favorable than the terms and conditions that apply to substantially all medical and surgical benefits provided under the fee-for-service medical assistance program or the Medicaid managed care plan. Requires the Department of Healthcare and Family Services to increase the current 2024 Medicaid rate by 21% with staggered 7% increases on January 1, 2025, January 1, 2026, and January 1, 2027 under the fee-for-service medical assistance program for custom prosthetic and orthotic devices. Requires the Department to ensure that all Medicaid managed care plans comply with the network adequacy requirements for custom prosthetic, custom orthotic devices, and custom cranial remolding orthotic device services. Provides that the Department and contracted managed care organizations must comply with the Orthotics, Prosthetics, and Pedorthics Practice Act when making payments for custom orthotic and custom prosthetic devices.

Amends the Children and Family Services Act. Creates the Due Process for Youth Oversight Commission (Commission) to oversee the creation and implementation of a youth's statutory right to counsel in abuse and neglect proceedings conducted in accordance with the Juvenile Court Act of 1987. Requires the Commission to provide direction and operational phases for implementation statewide, provide status reports and recommendations to the General Assembly regarding implementation, and provide ongoing implementation and program oversight for 5 years after statewide transition is completed. Contains provisions concerning the Commission's membership; term limits; scheduled meetings; data support provided by the Department of Children and Family Services; Commission duties; and the date of the Commission's dissolution. Amends the Foster Children's Bill of Rights Act. Expands the rights afforded to every child placed in foster care to include the right to have a court appoint an attorney to represent the youth in any abuse or neglect case who will advocate for the youth's wishes and make recommendations to the court regarding the youth's care. Provides that this right applies to court proceedings pending or commenced on or after a date established by the Commission by administrative rule. Amends the Juvenile Court Act of 1987. Provides that immediately upon the filing of an abuse or neglect petition, the court shall appoint counsel for each minor who is the subject of that petition, unless the minor has already retained counsel. Provides that this requirement shall apply to court proceedings pending or commenced on or after a date established by the Commission by administrative rule. Provides that each respondent in any petition filed under the Act who is 8 years of age or older shall be furnished a written "Notice of Rights" at or before the first hearing at which the respondent appears. Provides that counsel appointed by a court to represent a minor in neglect or abuse proceedings shall have a minimum of one in-person contact with the minor prior to each hearing and at least one in-person contact every quarter. Effective immediately.

Thanks State Senator Ann Gillespie for her service to the people of Illinois.

Mourns the passing of Cook County Clerk Karen A. Yarbrough.

Amends the Code of Civil Procedure. Makes a technical change in a Section concerning enforcement of the Code.