Sen. Lakesia Collins

Amends the Community Mental Health Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 2 Deletes reference to: 405 ILCS 20/0.1 from Ch. 91 1/2, par. 300.1 Adds reference to: 5 ILCS 375/6.11 20 ILCS 1305/10-23 new 20 ILCS 2310/2310-222 20 ILCS 2310/2310-470 new 55 ILCS 5/5-1069.3 65 ILCS 5/10-4-2.3 105 ILCS 5/10-22.3f 215 ILCS 5/356z.4b new 215 ILCS 5/356z.40 new 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 215 ILCS 165/10 from Ch. 32, par. 604 305 ILCS 5/5-2 from Ch. 23, par. 5-2 305 ILCS 5/5-5 from Ch. 23, par. 5-5 305 ILCS 5/5-5.24 305 ILCS 5/5-18.10 new Replaces everything after the enacting clause. Provides that the amendatory Act may be referred to as the Improving Health Care for Pregnant and Postpartum Individuals Act. Amends the Department of Human Services Act. Requires the Department of Human Services to expand and update its maternal child health programs to serve any pregnant or postpartum individuals identified as high-risk using criteria established by a multi-agency working group. Contains other provisions. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. In provisions regarding obstetric hemorrhage and hypertension training, requires the Department of Public Health to ensure that all birthing facilities have a written policy for providers and staff of obstetric medicine and of the emergency department and other staff that may care for pregnant or postpartum women. Requires the Department on or before June 1, 2024, in collaboration with the Department of Human Services and specified entities, to revise or add to the rules of the Maternal and Child Health Services Code that govern the High Risk Infant Follow-up, using current scientific and national and State outcomes data, to expand existing services to improve both maternal and infant outcomes overall and to reduce racial disparities in outcomes and services provided. Contains other provisions. Amends the Illinois Insurance Code. Provides that an individual or group policy of accident and health insurance or qualified health plan that is amended, delivered, issued, or renewed on or after the amendatory Act's effective date shall allow hospitals separate reimbursement for a long-acting reversible contraceptive device provided immediately postpartum in the inpatient hospital setting before hospital discharge. Provides that an individual or group policy of accident and health insurance or managed care plan amended, delivered, issued, or renewed on or after the amendatory Act's effective date shall provide coverage for pregnancy and newborn care in accordance with specified federal provisions regarding essential health benefits. Contains requirements for pregnancy and postpartum coverage benefits. 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, and the Voluntary Health Services Plans Act. Amends the Illinois Public Aid Code. Provides that, on or after July 1, 2022, individuals who are otherwise eligible for medical assistance under specified provisions shall receive coverage for perinatal depression screenings for the 12-month period beginning on the last day of their pregnancy, subject to specified conditions. Provides that within 90 days of the amendatory Act's effective date, the Department of Healthcare and Family Services shall seek federal approval of a State Plan amendment to expand coverage for family planning services that includes presumptive eligibility to individuals whose income is at or below 208% of the federal poverty level. Provides that the Department shall establish a medical assistance program to cover a universal postpartum visit within the first 3 weeks after childbirth and a comprehensive visit within 4 to 12 weeks postpartum for persons who are otherwise eligible for medical assistance under specified provisions. Makes other changes. Effective immediately. Governor Amendatory Veto Message Recommends that coverage for specified family planning services including presumptive eligibility to individuals whose income is at or below 208% of the federal poverty level shall be effective beginning no later than December 1, 2022 (rather than beginning July 1, 2022).

Amends the Juvenile Court Act of 1987. Provides that any party may file a motion requesting the court to review the decision of a temporary custodian or guardian appointed under the Act to deny a minor under the age of 18 access to the media. Provides that the Department of Children and Family Services bears the burden of demonstrating by clear and convincing evidence that its decision to deny the minor access to the media is in the minor's best interest. Provides that, in making its determination, the court shall weigh specified factors. Provides that the Department of Children and Family Services shall provide notice to a minor's guardian ad litem and attorney appointed under this Act any time that the Department, in its capacity as the minor's temporary custodian or guardian, denies a request by the media to speak with the minor. The Department shall provide the notice within one business day of its decision. The notice must at a minimum include the following: the name of the child, the name of the media, the date of the inquiry from the media, and the rationale for the Department's decision. House Floor Amendment No. 1 Deletes reference to: 705 ILCS 405/2-17 Adds reference to: 705 ILCS 405/2-10.3 new Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that the Department of Children and Family Services and its assigns shall not interfere with the right of any youth in its custody or guardianship to communicate with the news media if the youth choses to do so. Provides that any time the news media requests to speak with a minor under 18 years of age, the Department of Children and Family Services shall provide notice to the minor, the minor's attorney, and guardian ad litem within one business day of the request. Provides that if the minor is under 18 years of age and the Department has determined that the minor does not have sufficient maturity to make the decision to communicate with the news media and that contact with the news media will, more likely than not, cause serious physical, emotional or mental harm the notice shall also include the basis, with specificity, for the Department's determination. Provides that if a minor 18 years of age or older chooses to speak to the news media, the Department shall not take any action to interfere with the minor's contact with the news media. Provides that if a minor under 18 years of age wishes to speak to the news media, but the Department seeks to prevent the minor's contact with the news media, the Department shall file a motion for court review of its determination within one day of its determination and in no event more than 48 hours from the news media's request. Provides that the court may not impose any limitations on the speech of a minor based on viewpoints the minor may express or information the minor may divulge, unless it is confidential information regarding third parties. Defines "interfere" and "less restrictive means". Makes other changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that the Department of Children and Family Services and its assigns shall not interfere with the right of any youth in its custody or guardianship to communicate with the news media if the youth chooses to do so. Provides that any time the news media requests to speak with a specific, identified minor under 18 years of age, the Department of Children and Family Services shall immediately provide notice of the news media's request to the minor's attorney and guardian ad litem. Provides that the notice shall include at a minimum the minor's name, the news media name, and the date of the inquiry from the news media. Provides that within one business day of the news media's request, the Department shall determine whether the minor wants to speak with the news media, whether the minor has sufficient maturity to make his or her own decision to communicate with the news media and whether contact with the news media will more likely than not cause the minor serious physical, emotional or mental harm. Provides that the Department shall provide notice of its determination to the minor's attorney and guardian ad litem within one business day of its determination. Provides that the Department shall not take any action to interfere with the right of a minor over 18 to speak with the news media. Provides that the court shall not impose any limitations on the speech of a minor based on viewpoints the minor may express or information the minor may divulge, unless it is confidential information regarding third parties. Provides that any party may file a motion seeking to enforce certain rights relating to access to news media. Defines terms. Makes other changes. Effective immediately.

Amends the Illinois Insurance Code. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 1 Deletes reference to: 215 ILCS 5/1 Adds reference to: 215 ILCS 5/356z.43 new 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that an individual or group policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed on or after the effective date of the amendatory Act shall provide coverage for medically necessary comprehensive cancer testing and testing of blood or constitutional tissue for cancer predisposition testing as determined by a physician licensed to practice medicine in all of its branches. Provides that the coverage shall be provided without any prior authorization requirements. Defines terms. Makes a corresponding change in the Health Maintenance Organization Act. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Removes provisions amending the Illinois Insurance Code that provide that coverage for comprehensive cancer testing shall be provided without any prior authorization requirements. Removes a definition of "prior authorization".

Amends the Criminal Identification Act. Provides that the Illinois State Police and all law enforcement agencies within the State shall automatically expunge all criminal history records of a conviction for felony prostitution committed prior to the effective date of the amendatory Act. Establishes timelines for the automatic expungement of the records based on the date of the creation of the records. Amends the Code of Criminal Procedure of 1963. Provides that a petition for post-conviction relief may be filed by a person confined, or subject to being confined by the State, local, or federal government as a result of a State criminal conviction (rather than only by persons imprisoned in the penitentiary). Strikes a provision concerning expungement procedures for drug tests. Effective immediately. Senate Floor Amendment No. 1 Adds reference to: 725 ILCS 5/122-9 new Deletes a provision providing for the automatic expungement of felony prostitution convictions within a certain time frame. Provides that any individual may at any time institute proceedings under the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963, notwithstanding that he or she is no longer imprisoned and notwithstanding that his or her liberties are not being currently curtailed by action of the State, if his or her conviction has potential consequences under federal immigration law. Defines "conviction". House Floor Amendment No. 1 Deletes reference to: 725 ILCS 5/122-9 new Adds reference to: 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 Deletes a new provision added to the Code of Criminal Procedure of 1963 concerning the institution of specified proceedings. Amends the Code of Civil Procedure. In a provision concerning relief from judgments, provides that any individual may at any time file a petition and institute proceedings, if his or her final order or judgment, which was entered based on a plea of guilty or nolo contendere, has potential consequences under federal immigration law. House Floor Amendment No. 2 Reinserts a stricken provision relating to the petitioner passing a drug test.

Amends the Children and Family Services Act. Prohibits the use of restraints on youth in care, including chemical, manual, and mechanical restraints, during the provision of any transportation services provided or arranged by the Department of Children and Family Services or its contractual assigns. Provides that any known, alleged, or suspected violation of the prohibition shall immediately be reported to the Department's Office of the Inspector General, the court presiding over the youth's case in accordance with the Juvenile Court Act of 1987, and the youth's attorney and guardian ad litem. Requires the Department to make a significant events report for any known, alleged, or suspected violation of the prohibition. Sets forth a list of circumstances that require the Department to prepare a written individualized trauma-sensitive transportation plan for any youth in care. Requires the Department to obtain court approval of the transportation plan in accordance with the Juvenile Court Act of 1987 as well as written approval of the transportation plan from the Department's Chief Deputy Director and the Chief Deputy Director of its Clinical Division. Contains provisions concerning information that must be included in a written individualized trauma-sensitive transportation plan; and Department reporting requirements. Amends the Juvenile Court Act of 1987. Requires the Department to ensure the provision of trauma-sensitive transport to minors placed in its care. Contains provisions concerning factors a court must consider when determining whether to approve an individualized trauma-sensitive transportation plan submitted by the Department. Effective immediately. Senate Committee Amendment No. 1 Changes the definition of "restraints" to provide that the term does not include child restraint systems or devices ordinarily worn by the youth during transport. Expands the definition of "youth" to include youth in the protective custody of the Department of Children and Family Services. In a provision concerning individualized trauma-sensitive transportation plans, provides that for youth who are psychiatrically hospitalized, discharge and placement planning shall begin from the moment of admission, including developing the transportation plan required under the amendatory Act and seeking court approval as necessary. House Committee Amendment No. 1 Provides that the term "transport" does not include inter-hospital non-emergency transportation. Requires the Department of Children and Family Services to begin discharge and placement planning from the moment of admission for youth who are psychiatrically hospitalized.

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.

Amends the Illinois Dental Practice Act. Makes a technical change in a Section concerning advertising. House Floor Amendment No. 3 Deletes reference to: 225 ILCS 25/45 Adds reference to: 225 ILCS 25/19.2 745 ILCS 49/20 Replaces everything after the enacting clause. Amends the Illinois Dental Practice Act. Provides that the Department of Financial and Professional Regulation may issue a temporary permit authorizing the practice of dentistry (rather than dentistry or dental hygiene) if specified conditions are satisfied, including a collaborative agreement with and under the direct supervision of an Illinois licensed dentist. Provides that the temporary permit shall only permit the holder to practice dentistry within the scope of the dental studies and in conjunction with a charitable organization or a continuing education program provided by a continuing education sponsor approved by the Department. Provides for the licensure of continuing education sponsors by the Department. Provides that a temporary visiting dentist may not administer conscious sedation, deep sedation, or general anesthesia. Provides that a patient who seeks treatment from a temporary visiting dentist must sign a consent form acknowledging that the care the patient will receive will be provided by a dentist not licensed in the State of Illinois. Provides that a temporary permit shall be valid for no longer than 5 consecutive clinical days within 6 months from the date of issuance. Provides for the cancellation of temporary permits and licenses by the Secretary of Financial and Professional Regulation. Amends the Good Samaritan Act. Provides that provisions concerning exemption from civil liability for certain dental services performed without compensation do not apply to a dentist issued a temporary visiting dentist permit.

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 Illinois Pension Code. Makes a technical change in a Section concerning definitions. House Floor Amendment No. 1 Deletes reference to: 40 ILCS 5/1-101.1 Adds reference to: 40 ILCS 5/22-101B Replaces everything after the enacting clause. Amends the Miscellaneous Collateral Provisions Article of the Illinois Pension Code. Provides that effective January 1, 2022, all employees of the Chicago Transit Authority shall contribute to the Retiree Health Care Trust in an amount not less than 1% (instead of 3%) of compensation.