Amends the Nursing Home Care Act. Makes a technical change in a Section concerning the short title. Senate Committee Amendment No. 1 Deletes reference to: 210 ILCS 45/1-101 Adds reference to: 210 ILCS 45/2-106.1 210 ILCS 45/2-204 from Ch. 111 1/2, par. 4152-204 210 ILCS 45/3-202.05 210 ILCS 45/3-209 from Ch. 111 1/2, par. 4153-209 210 ILCS 45/3-305 from Ch. 111 1/2, par. 4153-305 210 ILCS 45/3-305.8 new Replaces everything after the enacting clause. Amends the Nursing Home Care Act. Removes language that requires light intermediate care to be staffed at the same staffing ratio as intermediate care. Provides that for purposes of minimum staffing ratios, all residents shall be classified as requiring either skilled care or intermediate care. Defines "intermediate care" and "skilled care". Provides that the Department of Public Health shall adopt rules on or before January 1, 2020 establishing a system for determining compliance with minimum direct care staffing standards and establishing penalties for noncompliance with minimum direct care staffing ratios. Provides that monetary penalties shall be imposed beginning no later than October 1, 2020 and quarterly thereafter. Provides that a violation of the minimum staffing requirements is, at minimum, a Type "B" violation. Provides that a facility that has received a notice of violation for having violated the minimum staffing requirements shall display a notice stating that the facility did not have enough staff to meet the needs of the facility's residents during the quarter cited in the notice of violation. Adds members to the Long-Term Care Facility Advisory Board. Provides that the affirmative vote of 7 (instead of 6) members of the Board shall be necessary for Board action. Provides that a prescribing clinician must obtain voluntary informed consent, in writing, from a resident or the resident's legal representative before authorizing the administration of a psychotropic medication to that resident. Provides that a violation of certain provisions concerning informed consent is a Type "A" violation and shall serve as prima facie evidence of abuse or criminal neglect of a person in a long-term care facility under the Criminal Code of 2012. Provides that no facility or managed care plan shall deny admission or continued residency to a person or resident based on the refusal of the administration of psychotropic medication, unless the prescribing clinician or facility can demonstrate that the resident's refusal would place the health and safety of the resident, the facility staff, other residents, or visitors at risk. Makes other changes. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 210 ILCS 45/3-305 from Ch. 111 1/2, par. 4153-305 Replaces everything after the enacting clause with the provisions of the introduced bill as amended by Senate Amendment No. 1 with the following changes: Throughout the Act, replaces references to a resident's authorized representative with references to a resident's surrogate decision maker. Contains provisions regarding the Department of Public Health's informed consent protocol. Provides that the Department shall utilize the rules, protocols, and forms previously developed and implemented under the Specialized Mental Health Rehabilitation Act of 2013, unless specified exceptions apply. Provides that informed consent forms may include side effects that the Department reasonably believes are more common. Provides that informed consent shall be sought by the facility from the resident unless the resident's attending physician determines that the resident lacks decisional capacity, as determined under the Health Care Surrogate Act. Provides that if the resident lacks decisional capacity, the facility shall seek informed consent from the resident's surrogate decision maker. Provides that no monetary penalty may be issued during the implementation period of rules establishing those penalties. Provides that the implementation period shall be July 1, 2020, through September 30, 2020. Provides that if a violation of staffing requirements is not more than a 5% deviation of the required minimum staffing requirements, the Department shall have the discretion to determine the gravity of the violation and, taking into account mitigating and aggravating circumstances and facts, may adjust any penalty or type or class of violation. Provides a notice form for facilities that do not meet the minimum staffing ratios. Makes other changes. Effective immediately. House Committee Amendment No. 2 Deletes reference to: 210 ILCS 45/2-106.1 210 ILCS 45/2-204 from Ch. 111 1/2, par. 4152-204 210 ILCS 45/3-202.05 210 ILCS 45/3-209 from Ch. 111 1/2, par. 4153-209 210 ILCS 45/3-305 from Ch. 111 1/2, par. 4153-305 210 ILCS 45/3-305.8 new Adds reference to: 210 ILCS 45/1-101 Replaces everything after the enacting clause. Amends the Nursing Home Care Act. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 3 Deletes reference to: 210 ILCS 45/1-101 Adds reference to: New Act 305 ILCS 5/5A-2.1 new 305 ILCS 5/5A-2 from Ch. 23, par. 5A-2 305 ILCS 5/5-5.07 305 ILCS 5/14-12 305 ILCS 5/12-4.53 210 ILCS 45/3-206 from Ch. 111 1/2, par. 4153-206 225 ILCS 65/55-35 225 ILCS 65/60-40 225 ILCS 70/11 from Ch. 111, par. 3661 Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. Reenacts provisions regarding assessments on inpatient and outpatient services imposed on hospitals. Provides for the continuity of effect of the reenacted provisions between July 1, 2020 and the effective date of the amendatory Act. Validates actions taken in reliance on or pursuant to the reenacted provisions. In a Section concerning the Department of Children and Family Services' per diem rate for an inpatient psychiatric stay beyond medical necessity, provides that the Section is inoperative on and after July 1, 2021 (instead of July 1, 2020). Provides that notwithstanding the provision of Public Act 101-209 stating that the Section is inoperative on and after July 1, 2020, the Section is operative from July 1, 2020 through June 30, 2021. Provides that beginning July 1, 2012 and ending on December 31, 2022, a hospital that would have qualified for the rate year beginning October 1, 2012 shall be a Safety-Net Hospital. Requires the Department of Healthcare and Family Services to establish a health care transformation program which shall be supported by the transformation funding pool. Provides that it is the intention of the General Assembly that innovative partnerships funded by the pool must be designed to establish or improve integrated health care delivery systems that will provide significant access to the Medicaid and uninsured populations in their communities, as well as improve health care equity. Provides that during State fiscal years 2021 through 2027, the hospital and health care transformation program shall be supported by an annual transformation funding pool of up to $150,000,000, pending federal matching funds, to be allocated during the specified fiscal years for the purpose of facilitating hospital and health care transformation. Provides that funding agreements made in accordance with the transformation program shall be considered purchases of care under the Illinois Procurement Code and funds shall be expended by the Department in a manner that maximizes federal funding to expend the entire allocated amount. Contains provisions concerning the criteria for transformation proposals; entities eligible for funding under the transformation program; the process for submitting transformation projects; the Department's process for evaluating and approving transformation proposals; and other matters. In a provision concerning Prospective Payment System rates for federally qualified health centers (FQHCs), provides that one method to increase such rates is to use an alternative payment method acceptable to the Centers for Medicare and Medicaid Services and the FQHCs, including an across the board percentage increase to existing rates. Creates the COVID-19 Medically Necessary Diagnostic Testing Act. Provides that a health plan shall not impose utilization management requirements on COVID-19 diagnostic tests for nursing home employees. Provides that medically necessary COVID-19 testing is urgent care, and health plans shall not extend the applicable wait time for a COVID-19 testing appointment, even if such an extension would otherwise be permitted. Requires a health plan to reimburse the testing provider for medically necessary COVID-19 testing at the contracted rate if the health plan has a contract with the testing provider. Amends the Medical Assistance Article of the Illinois Public Aid Code. Amends the Nursing Home Care Act. Requires the Department of Public Health to accept on-the-job experience in lieu of clinical training from any individual who participated in the temporary nursing assistant program during the COVID-19 pandemic before the end date of the temporary nursing assistant program and left the program in good standing. Requires the Department of Public Health to notify all approved certified nurse assistant training programs in the State of this requirement. Defines "temporary nursing assistant program". Provides that an individual employed during the COVID-19 pandemic as a nursing assistant in accordance with any Executive Orders, emergency rules, or policy memoranda related to COVID-19 shall be assumed to meet competency standards and may continue to be employed as a certified nurse assistant when the pandemic ends and the Executive Orders or emergency rules lapse. Amends the Hospital Licensing Act. Provides that whenever a public health emergency has resulted in pre-admission screenings to be waived in lieu of screenings post admission to a nursing home and the case coordination unit, upon being timely notified of the need to complete the post-admission screen, fails to complete the screen within the allotted time, the nursing facility shall not be penalized and shall be reimbursed for care from the date of admission. Effective immediately.
Sponsored bills
Amends the Procurement of Domestic Products Act. Provides that the term "manufactured in the United States" means: (1) in the case of products that are not assembled articles, materials, or supplies, that the product is mined or produced in the United States; (2) in the case of assembled articles, materials, or supplies, that design, final assembly, processing, packaging, testing, or other process that adds value, quality, or reliability occurs in the United States and the cost of domestic components exceeds 50% of the cost of all of the components; or (3) that the product is a commercially available off-the-shelf item (currently, "that design, final assembly, processing, packaging, testing, or other process that adds value, quality, or reliability occurs in the United States"). Provides for an exception to the Act if the price of the procured products manufactured in the United States exceeds the price of available and comparable procured products manufactured outside the United States by 12% or more (currently, if the price of the procured products manufactured in the United States exceeds the price of available and comparable procured products manufactured outside the United States by an unreasonable amount). Effective immediately. House Floor Amendment No. 1 Defines "commercially available off-the-shelf item" for the purposes of the Procurement of Domestic Products Act. Senate Floor Amendment No. 1 Deletes reference to: 30 ILCS 517/5 30 ILCS 517/10 Adds reference to: 305 ILCS 5/5A-2.1 new 305 ILCS 5/5A-2 from Ch. 23, par. 5A-2 Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. Reenacts provisions regarding assessments on inpatient and outpatient services imposed on hospitals. Provides for the continuity of effect of the reenacted provisions between July 1, 2020 and the effective date of the amendatory Act. Validates actions taken in reliance on or pursuant to the reenacted provisions. Effective immediately. Senate Floor Amendment No. 3 Deletes reference to: 30 ILCS 517/5 30 ILCS 517/10 Adds reference to: 210 ILCS 45/3-206 from Ch. 111 1/2, par. 4153-206 305 ILCS 5/5A-2.1 new 305 ILCS 5/5A-2 from Ch. 23, par. 5A-2 Replaces everything after the enacting clause. Amends the Nursing Home Care Act. Requires the Department of Public Health to accept on-the-job experience in lieu of clinical training from any individual who participated in the temporary nursing assistant program during the COVID-19 pandemic before the end date of the temporary nursing assistant program and left the program in good standing. Requires the Department of Public Health to notify all approved certified nurse assistant training programs in the State of this requirement. Defines "temporary nursing assistant program". Amends the Illinois Public Aid Code. Reenacts provisions regarding assessments on inpatient and outpatient services imposed on hospitals. Provides for the continuity of effect of the reenacted provisions between July 1, 2020 and the effective date of the amendatory Act. Validates actions taken in reliance on or pursuant to the reenacted provisions. Effective immediately.
Amends the Illinois Educational Labor Relations Act. Makes a technical change in a Section concerning the Illinois Educational Labor Relations Board. Senate Floor Amendment No. 1 Deletes reference to: 115 ILCS 5/5 Adds reference to: 105 ILCS 5/14-7.02c new Replaces everything after the enacting clause. Amends the Children with Disabilities Article of the School Code. Provides that the Illinois Purchased Care Review Board must accept amended student enrollment data from special education private therapeutic day schools that have specialized contractual agreements with a school district having a population exceeding 500,000 inhabitants in the 2016-2017 and 2017-2018 school years. Provides that the amended student enrollment data must be based on actual monthly enrollment days where a student placed by the school district was formally enrolled and began to receive services through the last date he or she was formally exited from the therapeutic day school. Provides that all enrolled days must be confined to the official beginning and end dates of the therapeutic day school's official calendar on file with the State Board of Education. Provides that a school district having a population of 500,000 or less inhabitants must be billed at the per diem rate approved by the Illinois Purchased Care Review Board based on days enrolled. House Committee Amendment No. 1 Deletes reference to: 105 ILCS 5/14-7.02c new Adds reference to: 105 ILCS 5/1-2 from Ch. 122, par. 1-2 Replaces everything after the enacting clause. Amends the School Code. Makes a technical change in a Section concerning the School Code's construction. Fiscal Note, House Floor Amendment No. 3 (IL State Board of Education) SB 458 (H-AM 3)includes new requirements for the State Board of Education (Board) and school districts that will have a fiscal impact. This fiscal impact estimate only addresses known or estimated costs for the Board and PreK-12 public school districts and not costs to other State agencies or other entities impacted by the amendments. The Board is tasked with providing staff support to 3 new advisory conm1ittees and one expanded advisory committee (KIDS Advisory Committee, Whole Child Task Force, and Inclusive History Commission; Professional Review Panel), adopting new learning standards (computer science and social science), overseeing the creation and/or expansion of programs (Freedom Schools), and will provide technical assistance to districts in implementing new mandates implemented, While existing staff will be able to take on some of the new work, new staff will likely be hired, The Board estimates that each additional staff member needed will cost $115,000 annually. To implement the requirements of these amendments, ISBE estimates needed an additional 3 staff for a total cost of $345,000. The legislation creates the Freedom Schools Grant Program which is subject to appropriation. ISBE estimates this program would cost $85,000 for every 120 students enrolled (this estimate is based on the EBF Cost factor of 1 teacher for every 120 students for Extended Day Supports). The legislation includes new requirements for school districts including expanded accelerated placement opportunities for students and new graduation and coursework requirements (computer literacy, computer science, foreign language and laboratory science). Additionally, once the Board completes adoption of new learning standards school districts will be required to implement these new standards. It is not known what these new requirements will cost school districts.
Creates the Workplace Transparency Act. Provides that an employer shall not enter into a contract or agreement with an employee or applicant if that contract or agreement contains a nondisclosure or nondisparagement clause or forced arbitration clause that covers workplace harassment or discrimination, including sexual harassment or retaliation for reporting, resisting, opposing, or assisting in the investigation of workplace harassment or discrimination. Makes corresponding changes in the Uniform Arbitration Act, the Illinois Human Rights Act, and the Illinois Freedom to Work Act. Changes the definition of "sexual harassment" in the State Officials and Employees Ethics Act and the Lobbyist Registration Act. Amends the Code of Civil Procedure. Provides that no court shall enter an order or judgment that has the purpose or effect of concealing a public hazard or any information concerning a public hazard, nor shall the court enter an order or judgment that has the purpose or effect of concealing any information that may be useful to members of the public in protecting themselves from injury that may result from the public hazard. Further amends the Illinois Human Rights Act. Requires the Department of Human Rights to adopt a model sexual harassment prevention training program and provides that all employers shall use the model or establish a training program that equals or exceeds the minimum standards provided by the model. Makes other changes concerning: definitions; procedures following an employer's failure to post required notices; and employer disclosure requirements. Amends the Victims' Economic Security and Safety Act. Makes the Act applicable in instances of sexual harassment. Provides that a civil action may be brought to enforce the Act without first filing an administrative complaint. Makes other changes concerning definitions and documentation. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 5 ILCS 430/5-65 25 ILCS 170/4.7 735 ILCS 5/2-302 new 775 ILCS 5/5A-101 820 ILCS 90/20 new 820 ILCS 180/35 Adds reference to: 5 ILCS 140/7 from Ch. 116, par. 207 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/8-109.1 new 5 ILCS 140/7.5 Replaces everything after the enacting clause. Creates the Workplace Transparency Act. Provides provisions for: prohibitions; voidable agreements; unconscionable terms; settlement or separation agreements; enforcement; application; limitations; and severability. Makes conforming changes in the Uniform Arbitration Act. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer to engage in: harassment; harassment of nonemployees in the workplace; and sexual harassment of nonemployees in the workplace. Provides that beginning July 1, 2020, each employer shall disclose specified information to the Department of Human Rights. Provides that the Department shall produce a model sexual harassment prevention training program aimed at the prevention of sexual harassment in the workplace. Provides provisions for: civil penalties; failure to report; and failure to train. Makes conforming changes in the Freedom of Information Act and the Victims' Economic Security and Safety Act. Creates the Stopping Predators from Evading Allegations of Abuse of Kids Act. Provides provisions for: prohibition on sexual abuse of children in youth sports; required reporting of child and sexual abuse in youth sports; posting of rights by youth recreational athletic entity; and enforcement. Creates the Sexual Harassment Victim Representation Act. Provides that in any proceeding in which a victim who is a member of a union has accused a perpetrator who is a member of the same union, the victim and the perpetrator may not be represented in the proceeding by the same union representative. House Committee Amendment No. 1 Deletes reference to: New Act 5 ILCS 140/7.5 710 ILCS 5/1 from Ch. 10, par. 101 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-101 from Ch. 68, par. 2-101 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/2-108 new 775 ILCS 5/6-102 775 ILCS 5/7-114 new 775 ILCS 5/8-109.1 new 820 ILCS 180/10 820 ILCS 180/15 820 ILCS 180/20 820 ILCS 180/25 820 ILCS 180/30 820 ILCS 180/45 Adds reference to: 735 ILCS 5/1-101 from Ch. 110, par. 1-101 Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Makes a technical change in the short title Section.
Amends the Property Tax Code. Provides that, in counties with 3,000,000 or more inhabitants, taxpayers of income producing property shall submit income and expense data related to the property annually to the chief county assessment officer. Provides that, in counties with fewer than 3,000,000 inhabitants, the county board may provide by resolution that taxpayers of income producing property shall submit income and expense data annually to the chief county assessment officer. Provides that, when determining the value of property for assessment purposes, the assessor may consider all relevant information pertaining to the fair cash value of the property, including, but not limited to, income and expense data, sales data, property characteristics data, construction cost data, appraisals, and other valuation information. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: (1) provides that the term "income producing property" includes only non-owner-occupied real property; (2) defines "property"; (3) provides that failure to submit income and expense data shall result in a penalty of 0.5% (in the introduced bill, 2%) of the prior year's assessed value; (4) provides that the taxpayer shall not be required to pay more than $100,000 in penalties per property; (5) removes provisions from the introduced bill providing that, if the taxpayer fails to submit income and expense data, the taxpayer shall not be permitted to appeal the assessment of that income producing property for the applicable taxable year; and (6) provides that the chief county assessment officer is not prohibited from disclosing compiled and anonymized income and expense data. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 35 ILCS 200/9-155 35 ILCS 200/9-160 Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment 1 with changes. Removes conforming changes concerning income and expense data, but retains the new Article concerning income-producing property. Provides that the term "income and expense data" include specific federal income tax returns (in Senate Amendment 1, federal income tax returns generally). Provides that "income-producing property" means property that is not exclusively owner-occupied (in Senate Amendment 1, non-owner-occupied). Removes a reference to gas stations. Defines "owner-occupied" and "taxpayer". Provides that the chief county assessment officer shall notify taxpayers of their obligation to submit income and expense data. Makes changes concerning the submission of federal tax forms. Provides that the penalty for failure to submit income and expense data shall be 0.05% (instead of 0.5%) of the prior year's market value. Adds provisions concerning administrative hearings. Makes other changes. Effective immediately.
Amends the Compensation Review Act. Provides that members of the General Assembly are prohibited from receiving and shall not receive any increase in compensation that would otherwise apply based on a cost of living adjustment for terms commencing on or after January 1, 2021, unless otherwise approved by law. Effective immediately.
Amends the Illinois Freedom to Work Act. Extends the applicability of the Act to all employees. Provides that a covenant not to compete is illegal and void if the employee does not receive adequate consideration and the covenant is ancillary to a valid employment relationship. Requires covenants not to compete to be no more expansive than required for the protection of legitimate business interests, to not impose undue hardship on the employee, and to not be injurious to the public. Specifies notice and an opportunity for review to be given to the employee. Authorizes employees to recover costs and attorney's fees.
Amends the Illinois Income Tax Act. Provides that the State earned income tax credit shall be: (i) 19% of the federal tax credit for each taxable year beginning on or after January 1, 2022 and beginning before January 1, 2023; and (ii) 20% of the federal credit for each taxable year beginning on or after January 1, 2023. Requires the Department of Revenue and certain institutions of higher education to provide certain notices concerning the federal and State earned income tax credits. Effective immediately.
Amends the Cannabis Regulation and Tax Act. Provides that, notwithstanding any restrictions on relocation otherwise set forth in the Act, an Early Approval Adult Use Dispensing Organization License holder shall be permitted, upon application to the Department of Financial and Professional Regulation, to relocate within the same medical district as its existing location under specified circumstances. Effective immediately.
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall create and maintain an online database and resource page on its website. Provides that the database and resource page shall contain mental health resources specifically geared toward post-secondary social workers, counselors, parents, faculty, graduate assistants, school administrators, graduate and undergraduate students, and support personnel with the goal of connecting those people with mental health resources related to crisis services, wellness, sexual health, survivor support, gender-based violence, nutrition, stress reduction, anxiety, depression, violence prevention, suicide prevention, and substance use and encouraging information sharing among educational administrators, security personnel, resource officers, faculty, students, and all other employees of a university or college. Effective immediately.