Sen. Meg Loughran Cappel

Amends the Community Expanded Mental Health Services Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 2 Deletes reference to: 405 ILCS 22/1 Adds reference to: 5 ILCS 375/6.11 55 ILCS 5/5-1069.3 65 ILCS 5/10-4-2.3 105 ILCS 5/10-22.3f 215 ILCS 5/356z.43 new 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 215 ILCS 130/4003 from Ch. 73, par. 1504-3 215 ILCS 165/10 from Ch. 32, par. 604 305 ILCS 5/5-16.8 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2022 shall provide coverage for medically necessary pancreatic cancer screening. 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 Children with Disabilities Article of the School Code. Provides that prior to the placement of a child in an out-of-state special education residential facility, the school district, Illinois placing agency, or court must offer to the child or the child's parent or guardian the option to place the child in a special education residential facility located within this State that provides treatment and services comparable to those provided by the out-of-state facility. Requires the school district, Illinois placing agency, or court to review annually the placement of a child in an out-of-state special education residential facility and to offer placement in a comparable facility located within this State. Effective immediately. House Committee Amendment No. 1 Provides that prior to the placement of a child in an out-of-state special education residential facility, the school district, Illinois placing agency, or court must refer (rather than offer) to the child or the child's parent or guardian the option to place the child in a special education residential facility located within this State that provides treatment and services comparable to those provided by the out-of-state facility. Requires the school district, Illinois placing agency, or court to review annually the placement of a child in an out-of-state special education residential facility and to refer (rather than offer) placement in a comparable facility located within this State. Senate Committee Amendment No. 1 Provides that prior to the placement of a child in an out-of-state special education residential facility, the school district, Illinois placing agency, or court must offer to the child or the child's parent or guardian the option to place the child in a special education residential facility located within this State, if any, (instead of within this State) that provides treatment and services comparable to those provided by the out-of-state facility. Requires the school district, Illinois placing agency, or court to review annually the placement of a child in an out-of-state special education residential facility and to offer placement in a comparable facility located within this State, if any (instead of within this State).

Amends the Preventing Sexual Violence in Higher Education Act. Requires each higher education institution to annually conduct a sexual misconduct climate survey of all students at the institution. Provides that each institution's sexual misconduct climate survey shall include the Board of Higher Education's base survey. Requires each institution to compile a summary of the results of the sexual misconduct climate survey and submit the summary to the Board, as well as publish the summary on the institution's website. Creates the Task Force on Campus Sexual Misconduct Climate Surveys to develop and recommend to the Board the base survey for distribution to institutions and to provide the Board with any related recommendations regarding the content, timing, and application of the base survey. Sets forth other requirements concerning the Task Force and the sexual misconduct climate survey. Includes penalty provisions. Effective immediately. Senate Floor Amendment No. 1 Provides that the Board of Higher Education may consult with the Office of the Attorney General, as necessary, during the Board's review of complaints submitted by students regarding specific questions on the survey. With respect to violations of the amendatory provisions, provides that the Board of Higher Education may impose a civil penalty not to exceed $50,000 (rather than $150,000) on an institution of higher education. House Committee Amendment No. 1 Adds 4 members of the General Assembly to the membership of the Task Force.

Amends the Senior Citizens and Persons with Disabilities Property Tax Relief Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 320 ILCS 25/1 Adds reference to: 320 ILCS 20/2 from Ch. 23, par. 6602 320 ILCS 20/3 from Ch. 23, par. 6603 320 ILCS 20/3.3 new 320 ILCS 20/3.5 320 ILCS 20/3.6 new 320 ILCS 20/4 from Ch. 23, par. 6604 320 ILCS 20/4.1 320 ILCS 20/4.2 320 ILCS 20/5 from Ch. 23, par. 6605 320 ILCS 20/7.1 320 ILCS 20/7.5 320 ILCS 20/8 from Ch. 23, par. 6608 320 ILCS 20/9 from Ch. 23, par. 6609 320 ILCS 20/13 320 ILCS 20/15 720 ILCS 5/3-5 from Ch. 38, par. 3-5 720 ILCS 5/17-56 was 720 ILCS 5/16-1.3 815 ILCS 515/3 from Ch. 121 1/2, par. 1603 Replaces everything after the enacting clause. Amends the Adult Protective Services Act. Expands the scope of the Act to include reports of abandonment. Requires the Department on Aging to offer, subject to appropriations, an annual trauma-informed training program that includes instruction on how trauma impacts caseworkers and other employees who respond to and prevent adult abuse, neglect, exploitation, or abandonment. Requires the Department to develop and implement a demonstration project to allow for the use of a risk assessment tool to assist in identifying elderly persons who may be experiencing elder abuse, abandonment, neglect, or exploitation. Amends the Criminal Code of 2012. Provides that a prosecution for theft by deception of a victim age 60 or older or a person with a disability may be commenced within 7 years of the last act committed in furtherance of the crime. Concerning the offense of financial exploitation of an elderly person or a person with a disability, expands the scope of "person who stands in a position of trust and confidence" to include a friend or acquaintance of the elderly person or person with a disability who is in a position of trust. Amends the Home Repair Fraud Act. Provides that a person commits home repair fraud when he or she promises a performance that he or she knows will not be completed at any time during the performance of the service. Senate Floor Amendment No. 2 Deletes reference to: 815 ILCS 515/3 from Ch. 121 1/2, par. 1603 Replaces everything after the enacting clause. Amends the Adult Protective Services Act. Expands the scope of the Act to include reports of abandonment. Requires the Department on Aging to offer, subject to appropriations, an annual trauma-informed training program that includes instruction on how trauma impacts caseworkers and other employees who respond to and prevent adult abuse, neglect, exploitation, or abandonment. Requires the Department to develop and implement a demonstration project to allow for the use of a risk assessment tool to assist in identifying elderly persons who may be experiencing elder abuse, abandonment, neglect, or exploitation. Amends the Criminal Code of 2012. Provides that a prosecution for theft by deception of a victim age 60 or older or a person with a disability may be commenced within 7 years of the last act committed in furtherance of the crime. Concerning the offense of financial exploitation of an elderly person or a person with a disability, expands the scope of "person who stands in a position of trust and confidence" to include a friend or acquaintance of the elderly person or person with a disability who is in a position of trust.

Amends the Illinois Insurance Code to provide that an individual or group health care service plan contract that is issued, amended, delivered, or renewed on or after January 1, 2022 shall not require prior authorization for biomarker testing for an insured with advanced or metastatic stage 3 or 4 cancer, nor shall prior authorization be required for biomarker testing of cancer progression or recurrence in the insured with advanced or metastatic stage 3 or 4 cancer. Defines "biomarker testing". House Committee Amendment No. 1 Adds reference to: 5 ILCS 375/6.11 55 ILCS 5/5-1069.3 65 ILCS 5/10-4-2.3 105 ILCS 5/10-22.3f 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 215 ILCS 130/4003 from Ch. 73, par. 1504-3 215 ILCS 165/10 from Ch. 32, par. 604 305 ILCS 5/5-16.8 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 include coverage for biomarker testing. Provides that biomarker testing shall be covered and conducted in an efficient manner to provide the most complete range of results to the patient's health care provider without requiring multiple biopsies, biospecimen samples, or other delays or disruptions in patient care. Provides that biomarker testing must be covered for the purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee's disease or condition when the test is supported by medical and scientific evidence. Provides that when coverage of biomarker testing for the purpose of diagnosis, treatment, or ongoing monitoring of any medical condition is restricted for use by health insurers, nonprofit health service plans, or health maintenance organizations, the patient and prescribing practitioner shall have access to a clear, readily accessible, and convenient processes to request an exception, and the process shall be made readily accessible on the insurer's website. Defines "biomarker" and "biomarker testing". 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 Motor Vehicle Franchise Act. Provides that the sale of motor vehicles by unlicensed dealers shall be prohibited (rather than should be prevented). Changes the manner in which dealers are reimbursed by manufacturers. Provides that manufacturers must pay a dealer no less than the amount a retail customer pays the dealer for the same services. Authorizes the use of agreed upon time guides. Applies to warranty work and factory recalls. Establishes a manner of determining effective labor rates.

Amends the School Code. Makes a technical change in a Section concerning an early childhood education block grant. House Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/1C-2 Adds reference to: 105 ILCS 5/27-13.2 from Ch. 122, par. 27-13.2 Replaces everything after the enacting clause. Amends the School Code. Requires instruction, study, and discussion in grades kindergarten through 8 on effective methods for the prevention and avoidance of drugs and the dangers of opioid and substance abuse (rather than effective methods for the prevention and avoidance of drug and substance abuse). Effective immediately.

Amends the Unified Code of Corrections. Provides that the grounds accorded weight in favor of withholding or minimizing a sentence of imprisonment include that the defendant is pregnant or is the parent of a child or infant whose well-being will be negatively affected by the parent's absence. Provides that circumstances to be considered in assessing this factor in mitigation include: (1) the likelihood that the child will be adjudged a dependent minor and declared a ward of the court under the Juvenile Court Act of 1987; and (2) the best interest of the child.

Amends the Illinois Anatomical Gift Act. Deletes language providing that no hospital, physician and surgeon, procurement organization, or other person shall determine the ultimate recipient of an anatomical gift based upon a potential recipient's physical or mental disability, except to the extent that the physical or mental disability has been found by a physician and surgeon, following a case-by-case evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift. Provides instead that a hospital, physician and surgeon, procurement organization, or other person shall not, solely on the basis of an individual's mental or physical disability: deem an individual ineligible to receive an anatomical gift or organ transplant; deny medical and other services related to organ transplantation, including evaluation, surgery, counseling, postoperative treatment, and services; refuse to refer the individual to a transplant center or other related specialist for the purpose of evaluation for or receipt of an organ transplant; refuse to place an individual on an organ transplant waiting list or place an individual at a lower priority position on the waiting list than the position at which the individual would have been placed if not for the individual's disability; or decline insurance coverage for any procedure associated with the receipt of the anatomical gift, including posttransplantation care. Provides that a hospital, physician and surgeon, procurement organization, or other person may take an individual's disability into account when making treatment or coverage recommendations or decisions solely to the extent that the physical or mental disability has been found by a physician or surgeon, following an individualized evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Provides that a hospital, physician and surgeon, procurement organization, or other person shall not, solely on the basis of an individual's mental or physical disability, if an individual has the necessary support system to assist the individual in complying with posttransplant medical requirements, consider the individual's inability to independently comply with posttransplant medical requirements to be medically significant. Provides that a covered entity shall make reasonable modifications to its policies, practices, or procedures to allow individuals with disabilities access to transplantation-related services, unless the covered entity can demonstrate that making such modifications would fundamentally alter the nature of such services. Provides that a covered entity shall take steps necessary to ensure that an individual with a disability is not denied medical services or other services related to organ transplantation due to the absence of auxiliary aids or services, unless the covered entity demonstrates that taking the steps would fundamentally alter the nature of the medical services or other services related to organ transplantation or would result in an undue burden for the covered entity. Senate Floor Amendment No. 2 Deletes language providing that: a covered entity shall make reasonable modifications to its policies, practices, or procedures to allow individuals with disabilities access to transplantation-related services unless the covered entity can demonstrate that making such modifications would fundamentally alter the nature of such services; and a covered entity shall take steps necessary to ensure that an individual with a disability is not denied medical services or other services related to organ transplantation, due to the absence of auxiliary aids or services, unless the covered entity demonstrates that taking the steps would fundamentally alter the nature of the medical services or other services related to organ transplantation or would result in an undue burden for the covered entity. Provides instead that a covered entity shall comply with the requirements of the Americans with Disabilities Act of 1990 and its implementing regulations in making reasonable modifications to its policies or procedures in response to a request from an individual with disabilities regarding access to transplantation-related services. Adds a definition for "covered entity".

Amends the Board of Higher Education Act. Provides that each public institution of higher education shall study and issue a report on the cost-saving methods and practices utilized by the public institution for improving students' timely access to required course materials and the affordability of required course materials. Sets forth the required areas of study that must be included in the report. Provides that the report from each public institution must be submitted to the Board of Higher Education or Illinois Community College Board no later than August 1, 2022. Provides that no later than February 1, 2023, the Board of Higher Education and the Illinois Community College Board shall submit a joint report to the Governor and General Assembly that summarizes the findings from the reports submitted by public institutions. Requires the Board of Higher Education and the Illinois Community College Board to post each institution's report and the joint report on their respective websites. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 110 ILCS 205/9.40 new Adds reference to: New Act Replaces everything after the enacting clause. Creates the College Course Materials Affordability and Equitable Access Collaborative Study Act. Provides that the College Course Materials Affordability and Equitable Access Task Force is created within the Illinois Student Assistance Commission. Sets forth the membership of the task force. Provides that the duties of the task force are to (i) conduct a collaborative college course materials affordability and equitable access study, (ii) examine the cost-saving methods and practices utilized by public and private institutions of higher learning in this State and throughout the United States for improving students' equitable first-day-of-class access to required course materials and conduct an affordability comparison of providing students' course materials, including digital learning tools, and (iii) submit a report of its findings to the Governor, the General Assembly, and the Illinois Student Assistance Commission. Contains provisions concerning meetings, expenses, Commission assistance, collaboration, and reporting. Dissolves the task force on March 31, 2024, and repeals the Act on March 31, 2025. Effective immediately.