Sen. Kimberly Lightford

RESOLVED, BY THE SENATE OF THE ONE HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the Senate adjourns on Saturday, June 01, 2019, it stands adjourned until Monday, October 28, 2019, or until the call of the President; and when the House of Representatives adjourns on Saturday, June 01, 2019, it stands adjourned until Thursday, October 17, 2019, in perfunctory session, and when it adjourns on that day, it stands adjourned until Monday, October 28, 2019, or until the call of the Speaker.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to require managed care organizations (MCOs) to ensure: (1) that any provider under contract with an MCO on the date of service shall be paid for any medically necessary service rendered to any of the MCO's enrollees, regardless of inclusion on the MCO's published and publicly available roster of available providers; (2) that all contracted providers are listed on an updated roster within 7 days of entering into a contract with the MCO; and (3) that the roster under item (2) is readily accessible by all medical assistance enrollees for purposes of selecting an approved healthcare provider. Requires the Department to require MCOs to expedite payments to providers based on specified criteria (rather than providing that the Department may establish a process for MCOs to expedite payments to providers based on criteria established by the Department). Contains provisions concerning discharge notifications and facility placements and other matters. Effective immediately.

Expresses support for the State of Illinois becoming a racially, ethnically, and inclusive entity that will employ a racial, ethnic, and inclusion (REI) lens in all policies, programs, employment practices, staff and leadership professional development, and operations.

Directs the Illinois Community College Board and the Illinois Board of Higher Education to establish a joint advisory council to study how Illinois can maximize the number of students completing credit-bearing certificate programs and two-year or four-year degree programs and enter into high-skill, high-wage occupations and to develop a plan to increase those numbers. Senate Committee Amendment No. 1 Deletes everything. Replaces it with similar language directing the Illinois Community College Board and the Illinois Board of Higher Education to establish a joint advisory council to study how Illinois can maximize the number of students completing credit-bearing certificate programs and two-year or four-year degree programs and enter into high-skill, high-wage occupations and to develop a plan to increase those numbers. Changes the original membership of the advisory council. House Floor Amendment No. 1 Deletes everything. Replaces it with similar language directing the Illinois Community College Board and the Illinois Board of Higher Education to establish a joint advisory council to study how Illinois can maximize the number of students completing credit-bearing certificate programs and two-year or four-year degree programs and enter into high-skill, high-wage occupations and to develop a plan to increase those numbers. Changes the membership of the advisory council.

Proposes to amend the Revenue Article of the Illinois Constitution. Removes a provision that provides that a tax on income shall be measured at a non-graduated rate. Provides that there may be one tax on the income of individuals and corporations (currently, there may be no more than one income tax imposed on individuals and one income tax imposed on corporations, and the rate of tax imposed upon corporations shall not exceed the rate imposed on individuals by more than a ratio of 8 to 5). Provides that the income tax may be a fair tax where lower rates apply to lower income levels and higher rates apply to higher income levels. Provides that no government other than the State may impose a tax on or measured by income. Effective upon being declared adopted. Senate Committee Amendment No. 1 Replaces everything after the resolved clause. Proposes to amend the Revenue Article of the Illinois Constitution. Removes a provision that provides that a tax on income shall be measured at a non-graduated rate. Provides that the General Assembly shall provide by law for the rate or rates of any tax on or measured by income imposed by the State. Provides that the highest rate imposed on corporations may not exceed the highest rate imposed on individuals by more than a ratio of 8 to 5. Effective upon being declared adopted.

Creates the Sexual Harassment No Contact Order Act. Adds provisions relating to: purpose; definitions; persons protected; commencement of action and filing fees; pleading and nondisclosure of address; application of rules of civil procedure and victim advocates; appointment of counsel; trial by jury; subject matter jurisdiction; jurisdiction over persons; venue; process; service of notice of hearings; hearings; continuances; sexual harassment no contact orders and remedies; mutual orders prohibited; accountability for actions of others; emergency sexual harassment no contact order; plenary sexual harassment no contact order; duration and extension of orders; contents of orders; notice of orders; short form notification; modification and reopening of orders; violation; arrest without warrant; and data maintenance by law enforcement. Amends the Criminal Code of 2012 to create the offense of violation of a sexual harassment no contact order. Makes conforming changes in the Protective Orders Article of the Code of Criminal Procedure of 1963. Effective immediately. Senate Floor Amendment No. 1 Changes the definition of "sexual harassment". Provides that victim advocates include, but are not limited to, rape crisis center advocates. Provides that a petition for relief under the Sexual Harassment No Contact Order Act made in good faith is protected by the anti-retaliation provisions of the Illinois Human Rights Act. Deletes language providing that a petition for a sexual harassment no contact order may be filed at any time, regardless of whether any criminal charges are ever filed.

Creates the Access to Justice Grant Program Act. Establishes a Program and a Panel to issue and award grants to 2 community-based organizations to increase outreach, education on legal matters, and access to legal services to low-income communities of color. Requires the organizations to act as fiscal agents. Provides for the recruitment and training of community navigators to conduct legal screenings. Requires the Governor to include a $10,000,000 appropriation for the Program in the annual State budget. Contains provisions concerning: grant application requirements; a grant review committee; financial audits; and other matters. Amends the Children and Family Services Act. Provides that, if a child is placed in the custody or guardianship of the Department of Children and Family Services or a child is returned to the custody of a parent or guardian and the court retains jurisdiction of the case, the Department must ensure that the child is up to date on well-child visits, including immunizations, or there is a documented religious or medical reason the child is not immunized. Requires the Department to complete, before a child's discharge from foster or substitute care, a home safety checklist regarding the child's home. Requires any aftercare services to a child and his or her family to start on the date the child is returned to the custody or guardianship of the parent or guardian. Amends the Abused and Neglected Child Reporting Act. Provides that when a report is made by a mandated reporter and there is a prior indicated report of abuse or neglect and a prior open service case involving a member of the household, the Department must accept the report as a child welfare services referral. Requires the Auditor General to conduct performance audits on the Department. Effective immediately.

Creates the Reproductive Health Act. Provides that every individual has a fundamental right to make autonomous decisions about one's own reproductive health. Provides that every individual who becomes pregnant has a fundamental right to continue the pregnancy and give birth or to have an abortion, and to make autonomous decisions about how to exercise that right. Provides that a fertilized egg, embryo, or fetus does not have independent rights under the law, of this State. Provides prohibited State actions. Provides that a party aggrieved by a violation of the Act may bring a civil lawsuit. Provides that a health care professional shall report each abortion performed to the Department of Public Health. Limits home rule powers. Repeals provisions regarding abortion in the Ambulatory Surgical Treatment Center Act, the Sexual Assault Survivors Emergency Treatment Act, and the Injunction Article of the Code of Civil Procedure. Repeals the Illinois Abortion Law of 1975, the Partial-birth Abortion Ban Act, and the Abortion Performance Refusal Act. Makes corresponding changes in the Children and Family Services Act, the Counties Code, the Medical Practice Act of 1987, the Vital Records Act, the Criminal Code of 2012, and the Rights of Married Persons Act. Amends the Freedom of Information Act. Provides that information and records held by the Department collected under the Reproductive Health Act is exempt from inspection and copying. Amends the Ambulatory Surgical Treatment Center Act. Provides that that term "ambulatory surgical treatment center" does not include any facility in which the performance of abortion procedures is limited to those performed without general, epidural, or spinal anesthesia. Amends the Illinois Insurance Code. Provides insurance requirements for the coverage of abortion. Makes corresponding changes in the State Employees Group Insurance Act, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act. Amends the Nurse Practice Act. Provides that operative surgery does not include abortions performed without general, epidural, or spinal anesthesia, and other gynecological procedures related to abortions. Amends the Environmental Act. Provides that tissue and products from an abortion or miscarriage may be buried, entombed, or cremated. Effective immediately.

Creates the Mental Health Modernization and Access Improvement Act. Requires the Department of Healthcare and Family Services to apply for a Medicaid waiver or State Plan amendment, or both, within 6 months after the effective date of the Act to develop and implement a regulatory framework that allows, incentivizes, and fosters payment reform models for all Medicaid community mental health services provided by community mental health centers or behavioral health clinics. Requires the regulatory framework to: (i) allow for and incentivize service innovation that is aimed at producing the best health outcomes for Medicaid enrollees with mental health conditions; (ii) reward high-quality care through annual incentive payments to community mental health centers and behavioral health clinics; (iii) require community mental health centers and behavioral health clinics to report on specified quality and outcomes metrics; and other matters. Provides that all documentation and reporting requirements under the regulatory framework must comply with the federal Mental Health Parity and Addiction Equity Act of 2008 and the State mental health parity requirements under the Illinois Insurance Code. Contains provisions concerning quality and outcomes metrics reporting; data sharing; the establishment of a Stakeholder Quality and Outcomes Metrics Development Working Group; statewide in-person trainings to ensure provider readiness for the regulatory framework; quality and patient safety protections; implementation timeline; certification of community mental health centers that opt into the regulatory framework; and other matters. Provides that the Act shall be implemented upon federal approval and only to the extent that federal financial participation is available. Effective immediately.

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall establish reimbursement rates that build toward livable wages for front-line personnel in residential and day programs and service coordination agencies serving persons with intellectual and developmental disabilities under the Act, including, but not limited to, intermediate care for the developmentally disabled facilities, medically complex for the developmentally disabled facilities, community-integrated living arrangements, community day services, employment, and other residential and day programs for persons with intellectual and developmental disabilities supported by State funds or funding under Title XIX of the federal Social Security Act. Provides that on or before July 1, 2019, the Department shall increase rates and reimbursements and on or before that date, direct support persons shall earn a base wage of not less than $5.25 per hour above the highest applicable federal, State, county, or municipal minimum wage, and on or before that date, other front-line personnel shall earn a commensurate wage. Provides that on or before July 1, 2021, the Department shall increase rates and reimbursements and on or before that date, direct support persons shall earn a base wage of not less than $6.75 per hour above the highest applicable federal, State, county, or municipal minimum Wage, and on or before July 1, 2021, other front-line personnel shall earn a commensurate wage. Amends the Illinois Public Aid Code to make conforming changes. Effective immediately.