Sen. Laura Fine

Amends the Trustees of Schools Article of the School Code. Provides that the school boards of Glenbrook High School District 225, Northbrook Elementary School District 27, Northbrook School District 28, Sunset Ridge School District 29, Northbrook/Glenview School District 30, West Northfield School District 31, and Glenview Community Consolidated School District 34 may, by proper resolution, withdraw from the jurisdiction and authority of the trustees of schools of Northfield and Maine Townships and the township treasurer, provided that the school board shall, upon the adoption and passage of the resolution, elect or appoint its own school treasurer. Effective immediately.

Amends the Messages Tax Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 35 ILCS 610/15 from Ch. 120, par. 467.15 Adds reference to: 35 ILCS 5/225 Replaces everything after the enacting clause. Amends the Illinois Income Tax Act. Increases the maximum amount of the credit for instructional materials and supplies from $250 for taxable years beginning prior to January 1, 2023 to $300 for taxable years beginning on or after January 1, 2023. Effective immediately.

Amends the Nurse Agency Licensing Act. Prohibits nurse agencies from entering into covenants not to compete with nurses and certified nurse aides who are employed by the agencies. Provides that a supplemental healthcare staffing agency must not bill nor receive payments from a licensed health care facility at a rate higher than 130% of the sum of total compensation plus associated payroll taxes for applicable employee classifications. Provides that the maximum charge must include all charges for administrative fees, contract fees, or other special charges in addition to compensation for the temporary nursing pool personnel supplied to a health care facility. Amends the Illinois Public Aid Code. Provides that is shall be a matter of State policy that the Department of Healthcare and Family Services shall set nursing facility rates, by rule, utilizing an evidence-based methodology that rewards appropriate staffing, quality-of-life improvements for nursing facility residents, and the reduction of racial inequities and health disparities for nursing facility residents enrolled in Medicaid. Contains provisions concerning the Patient Driven Payment Model for nursing services reimbursements; utilization of the Staff Time and Resource Intensity Verification study; the statewide base rate for certain dates of service; the establishment of a variable per diem add-on for nursing facilities with specified staffing levels; directed payments to improve the quality of care delivered by nursing facilities; occupied bed tax amounts beginning January 1, 2022, emergency rules; and other matters. Schedules for repeal on July 1, 2024 the Nursing Home License Fee Article of the Code. Amends the Illinois Administrative Procedure Act. Permits the Department of Healthcare and Family Services to adopt emergency rules to implement certain changes made by the amendatory Act.

Amends the Environmental Protection Act. Makes a technical change in a Section concerning the issuance and procedures of permits.

Creates the Illinois Fertility Fraud Act. Allows the following individuals to bring an action against any health care provider, embryologist, or any other person involved in any stage of the treatment who knowingly or intentionally used the health care provider's, embryologist's, or person's own human reproductive material, without the patient's informed written consent to treatment using the health care provider's or person's human reproductive material: a woman who gives birth to a child after receiving assisted reproductive treatment or any other artificial means used to cause pregnancy; the spouse of the woman; the surviving spouse of the woman; or a child born as a result of the treatment. Allows a donor of human reproductive material to bring an action against a health care provider who: treats a patient for infertility by using human reproductive material donated by the donor; and knows or reasonably should have known that the human reproductive material was used without the donor's consent or in a manner or to an extent other than that to which the donor consented. Provides that a plaintiff who prevails in an action under the Act is entitled to reasonable attorney's fees and compensatory and punitive damages or liquidated damages of $50,000. Amends the Criminal Code of 2012. Provides that a person commits a criminal sexual assault if that person is a health care provider who knowingly or intentionally provides assisted reproductive treatment to a patient by using the health care provider's own spermatozoon or ovum, without the patient's informed written consent to treatment using the health care provider's spermatozoon or ovum. Amends the Code of Civil Procedure. Provides that an action for fertility fraud under the Illinois Fertility Fraud Act must be commenced within the later of 20 years after: the procedure was performed; the 18th birthday of the child; the person first discovers evidence sufficient to bring an action against the defendant through DNA analysis; the person first becomes aware of the existence of a record that provides evidence sufficient to bring an action against the defendant; or the defendant confesses to the offense.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the community spouse resource allowance to be established and maintained at the maximum amount permitted under a specified provision of the Social Security Act, or an amount set after a fair hearing, or the amount transferred by the institutionalized spouse to the community spouse by court order, whichever is greater (rather than requiring the community spouse resource allowance to be established and maintained at the higher of $109,560 or the minimum level permitted under the Social Security Act, or an amount set after a fair hearing, whichever is greater). Requires the monthly maintenance allowance for the community spouse to be established and maintained at the maximum amount permitted under a specified provision of the Social Security Act, or an amount set after a fair hearing, or the amount transferred by the institutionalized spouse to the community spouse by court order, whichever is greater (rather than requiring the monthly maintenance allowance for the community spouse to be established and maintained at the higher of $2,739 per month or the minimum level permitted under the Social Security Act, or an amount set after a fair hearing, whichever is greater). Senate Floor Amendment No. 1 Restores language that makes the community spouse resource allowance amount subject to federal approval. Makes the bill effective January 1, 2023.

Creates the Mental Health and Substance Use Disorder Rate Equity Act. Provides that, beginning in 2023, and every State fiscal year thereafter, the General Assembly shall appropriate sufficient funds to the Department of Human Services to ensure grants to community-based prevention organizations and providers of mental health and substance use disorder treatment under community service grant programs will be adjusted upward by an amount equal to the Consumer Price Index-U from the previous year, not to exceed 2% in any State fiscal year. Requires similar appropriations to be made, beginning in 2024, to increase the reimbursement rates for certified community mental health centers and behavioral health clinics and licensed or certified community-based substance use disorder treatment providers. Amends the Substance Use Disorder Act. Requires the Department of Human Services to implement incremental rate increases for all community-based substance use disorder treatment and intervention services beginning July 1, 2021 and every State fiscal year thereafter. Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department to implement incremental rate increases for all community-based mental health treatment services beginning July 1, 2021 and every State fiscal year thereafter. Amends the Illinois Public Aid Code. Provides that, beginning on July 1, 2021, reimbursement rates for psychiatric and behavioral health services provided by community mental health centers or behavioral health clinics shall be increased by 9%. Requires incremental rate increases beginning July 1, 2022 and every State fiscal year thereafter. Amends the Illinois Administrative Procedure Act. Permits the Departments of Human Services and Healthcare and Family Services to adopt emergency rules. Effective immediately.

Amends the Nurse Practice Act. Ratifies and approves the Nurse Licensure Compact, which allows for the issuance of multistate licenses that allow nurses to practice in their home state and other compact states. Provides that the Nurse Licensure Compact does not supersede existing State labor laws. Provides that the State may not share with or disclose to the Interstate Commission of Nurse Licensure Compact Administrators or any other state any of the contents of a nationwide criminal history records check conducted for the purpose of multistate licensure under the Nurse Licensure Compact.

Amends the Podiatric Medical Practice Act of 1987. Provides that a podiatric physician may provide and administer vaccinations, including, but not limited to, vaccinations for COVID-19 and influenza. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 225 ILCS 100/20.3 new Adds reference to: 215 ILCS 5/356z.25 Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that no group or individual policy of accident and health insurance or managed care plan shall deny or delay coverage for medically necessary treatment because the insured, enrollee, or beneficiary previously received any treatment, including the same or similar treatment, for pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections or pediatric acute onset neuropsychiatric syndrome, or because the insured, enrollee, or beneficiary has been diagnosed with or receives treatment for an otherwise diagnosed condition. Provides that coverage of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome shall adhere to the treatment recommendations developed by a medical professional consortium convened for the purposes of researching, identifying, and publishing best practice standards for diagnosis and treatment of such disorders or syndrome that are accessible for medical professionals and are based on evidence of positive patient outcomes. Provides that coverage for any form of medically necessary treatment shall not be limited over a lifetime of an insured, enrollee, or beneficiary or by policy period. Provides that nothing in the provisions prevents insurers from requesting treatment notes and anticipated duration of treatment and outcomes. Effective immediately. Senate Floor Amendment No. 2 Provides that coverage for any form of medically necessary treatment shall not be limited over a lifetime of an insured, enrollee, or beneficiary, unless the patient is no longer benefiting from the treatment, or by policy period (rather than coverage for any form of medically necessary treatment shall not be limited over a lifetime of an insured, enrollee, or beneficiary or by policy period).

Amends the Managed Care Reform and Patient Rights Act. Requires health insurance carriers that provide coverage for prescription drugs to ensure that, within service areas and levels of coverage specified by federal law, at least half of individual and group plans meet one or more of the following criteria: apply a pre-deductible and flat-dollar copayment structure to the entire drug benefit, limit a beneficiary's monthly out-of-pocket financial responsibility for prescription drugs to a specified amount, or limit a beneficiary's annual out-of-pocket financial responsibility for prescription drugs to a specified amount. Provides that all plans for prescription drugs offered under the amendatory Act must be clearly and appropriately named, marketed in the same manner as other plans offered by the health insurance carrier, and offered for purchase to any individual and group plan sponsor. Effective January 1, 2022.