LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITY

February 14, 2014

The following are disability-related bills/issues pending in the Illinois General Assembly that are scheduled to be heard in committee the week of February 17, 2014:

House Revenue & Finance Committee

House State Government Administration Committee

February 18, 2014, 11:00 a.m.

Room 114, Capitol Building

Springfield, IL

SUBJECT MATTER: FY15 General Revenues Estimate.

To file an electronic witness slip:

House Appropriations-Elementary & Secondary Education Committee

February 18, 2014, 2:00 p.m.

Room 114, Capitol Building

Springfield, IL

SUBJECT MATTER: ISBE’s FY15 Budget Estimate.

To file an electronic witness slip:

House Insurance Committee

February 18, 2014, 2:30 p.m.

Room C-1, Stratton Building

Springfield, IL

HB 4335, Representative Mary E. Flowers

Amends the State Employees Group Insurance Act of 1971, Counties Code, Illinois Municipal Code, Illinois Public Aid Code, and Illinois Insurance Code to provide that accident and health insurance policies and managed care plans shall cover all services ordered by a physician and provided in a hospital that are considered medically necessary. Amends the Medical Patient Rights Act.Includes limited health service organizations and voluntary health services plan in the definition of "insurance company". Requires every general hospital to provide patients who are placed into observation services by the general hospital with an oral and written notice within 24 hours after placement that the patient is not admitted to the hospital and is under observation status; specifies the information to be included in the notice.

To read full text:

To file an electronic witness slip:

HR 807, Representative Darlene J. Senger

Urges the Department of Insurance to conduct a thorough review of the navigator program, established to assist consumers seeking coverage under the Affordable Care Act, and its performance in enrolling previously uninsured Illinois citizens.

To read full text:

To file an electronic witness slip:

House Elementary & Secondary Education Committee

February 19, 2014, 8:30 a.m.

Room D-1, Stratton Building

Springfield, IL

HB 4207, Representative Laura Fine

Amends the School Code. In provisions concerning bullying prevention, prohibits a student from being subjected to bullying through the transmission of information from a computer that is accessed at a nonschool-related location, activity, function, or program or from the use of technology or an electronic device that is not owned, leased, or used by a school district or school if the bullying substantially interferes with or limits the victim's ability to participate in or benefit from the services, activities, or opportunities offered by a school or substantially disrupts the educational process or orderly operation of a school. Provides that the definition of bullying includes cyber-bullying; defines "cyber-bullying". Provides that a school district's or non-public, non-sectarian elementary or secondary school's policy on bullying shall include a process to investigate whether a reported act of bullying is within the scope of the district or school and, if not, a process for referral of such an act to the appropriate jurisdiction. Requires computers without web-filtering software or computers with web-filtering software that is disabled to be used when complaints of cyber-bullying are investigated.

To read full text:

To file an electronic witness slip:

Senate Education Committee

February 18, 2014, 1:00 p.m.

Room400, Capitol Building

Springfield, IL

SB 2661, Senator Michael E. Hastings

Amends the Children with Disabilities Article of the School Code. Allows an elementary school

district with a student population of no more than 200 to enter into an intergovernmental agreement with an elementary school district with a student population of at least 5,200 for the delivery of any or all special education services if the 2 elementary districts have an adjacent boundary. Sets forth employment and reimbursement provisions and what the agreement must include. Provides that no more than 2 school districts may be a party to such an agreement at any one time, and no school district may have in effect at any one time more than one such agreement.

To read full text:

To file an electronic witness slip:

SB 2793, Senator Toi W. Hutchinson

Amends the School Code. As part of the annual school report card, requires every school to provide (i) data on the issuance of out-of-school suspensions, expulsions, and removals to alternative settings, disaggregated by race and ethnicity, gender, age, grade level, limited English proficiency status, length of exclusion, reason for exclusion, and whether alternative educational options were provided; (ii) data on the use of arrests or criminal citations, disaggregated by race and ethnicity, gender, age, grade level, disability status, limited English proficiency status, and alleged criminal offense; and (iii) data on student retention during and between academic years, disaggregated by race and ethnicity, gender, age, grade level, disability status, limited English proficiency status, and the reason for the student's departure. Sets forth requirements and exemptions concerning the data, including requiring the State Board of Education to analyze the data on an annual basis and determine the top quartile of school districts for specified metrics. Requires certain districts identified by the State Board to submit a school discipline improvement plan identifying the strategies it will implement to reduce the use of harsh disciplinary practices or reduce the disproportionality evident in its disciplinary practices; sets forth other requirements.

To read full text:

To file an electronic witness slip:

SB2870, Senator Ira I. Silverstein

Amends the School Code. In provisions concerning bullying prevention, provides that no student

shall be subjected to bullying through the use of data or computer software that is accessed at a nonschool-related location, activity, function, or program or through the use of technology or an electronic device that is not owned, leased, or used by a school district or school if the bullying substantially interferes with or limits the victim's ability to participate in or benefit from the services, activities, or opportunities offered by a school or substantially disrupts the educational process or orderly operation of a school. Provides that this prohibition does not require a school to staff or monitor any nonschool-related activity, function, or program.Provides that the physical location or time of access of a computer-related incident cannot be raised as a defense in any disciplinary action initiated under the bullying prevention provisions.

To read full text:

To file an electronic witness slip:

Senate Public Health Committee

February 18, 2014, 1:00 p.m.

Room 409, Capitol Building

Springfield, IL

SB 2915, Senator Mattie Hunter

Amends the Department of Human Services Act. Requires the Inspector General for the Department of Human Services to report to the Department of Public Health's health care worker registry the identity and finding of each employee of a facility or agency against whom there is a final investigative report containing a substantiated allegation of physical or sexual abuse, financial exploitation, or egregious neglect of an individual (rather than physical or sexual abuse or egregious neglect of an individual).

To read full text:

To file an electronic witness slip:

Senate Human Services Committee

February 18, 2014, 3:00 p.m.

Room 409, Capitol Building

Springfield, IL

SB 2585, Senator Dan Kotowski

Amends the Illinois Public Aid Code and the Illinois Insurance Code.Requires the Department of Healthcare and Family Services and the Department of Insurance to jointly develop a uniform prior authorization form for prescription drug benefits on or before July 1, 2014. Provides that on and after January 1, 2015, or 6 months after the form is developed, whichever is later, every prescribing provider may use that uniform prior authorization form to request prior authorization for coverage of prescription drug benefits and every health care service plan shall accept that form as sufficient to request prior authorization for prescription drug benefits. Provides that on and after January 1, 2015, a health insurer that provides prescription drug benefits shall utilize and accept the prior authorization form when requiring prior authorization for prescription drug benefits; and that if a health care service plan fails to utilize or accept the prior authorization form, or fails to respond within 2 business days upon receipt of a completed prior authorization request from a prescribing provider, the prior authorization request shall be deemed to have been granted. Exempts certain providers.Sets forth certain criteria for the prior authorization form.Provides that "prescribing provider" includes a provider authorized to write a prescription as described in the Pharmacy Practice Act.

To read full text:

To file an electronic witness slip:

SB 2586, SA 1, Senator Heather A. Steans

If and only if Senate Bill 26 of the 98th General Assembly becomes law, amends: the Specialized Mental Health Rehabilitation Act of 2013 by making various changes concerning the composition and duties of and support to the working group created by the Act; and the Mental Health and Developmental Disabilities Code by providing that the creation of comparable programs for the services contained in the Specialized Mental Health Rehabilitation Act of 2013 for community-based providers by the Division of Mental Health of the Department of Human Services shall be in concert with the Division of Alcohol and Substance Abuse of the Department of Human Services and the Department of Healthcare and Family Services.

To read full text:

To file an electronic witness slip:

SB 2604, Senator Heather A. Steans

Amends the Mental Health and Developmental Disabilities Administrative Act and the Illinois Public Aid Code. Provides that the Department of Human Services shall establish reimbursement rates which build toward livable wages for direct service personnel in residential and day programs serving individuals with developmental disabilities, including but not limited to intermediate care facilities for the developmentally disabled, community integrated living arrangements, developmental training programs, employment, and other residential and day programs for individuals with developmental disabilities supported by State funds or funding under Title XIX of the federal Social Security Act. Establishes starting wages for direct service personnel.

To read full text:

To file an electronic witness slip:

SB 2605, Senator Heather A. Steans

Amends the Medical Assistance Article of the Illinois Public Aid Code. Exempts pregnant

women, persons who are classified as mentally or developmentally disabled, persons who are aged, blind, or disabled, persons who are being treated at a dental school as part of the clinical education process for dental students, and persons treated at a public health clinic or a federally qualified health center (FQHC) from a provision limiting adult dental services to emergencies. Deletes language requiring the Department of Healthcare and Family Services to recognize certain conditions as emergencies. Provides that (i) the Department shall limit the ALL KIDS school-based dental program; (ii) school-based dental providers must provide children receiving an oral health score of 2 or 3 indicating the need for restorative or urgent follow-up care with the diagnosed follow-up care by providing the care themselves at the school or at the provider's local clinic or the children must be referred by the provider's case manager to a dental provider who is willing to accept each child into the provider's practice to perform required follow-up care and provide a dental home; and (iii) the Department may limit dental coverage for children to 2 cleanings and 2 fluoride treatments per year regardless of where the services are performed and shall require prior approval from any requests exceeding this limit. In a provision concerning a dental clinic grant program administered by the Department, adds dental school clinics to the list of dental entities that can apply for grant money. In addition to other specified expenses, provides that grant moneys must be used for those services provided as part of the educational process at State dental schools.

To read full text:

To file an electronic witness slip:

SB 2611, Senator Michael E. Hastings

Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision concerning utilization management controls and prior approval on specialty drugs, provides that for drugs for the treatment of AIDS or severe mental illness (rather than for the treatment of AIDS), the Department of Healthcare and Family Services shall take into consideration the potential for non-adherence by certain populations, and shall develop protocols with organizations or providers primarily serving those with HIV/AIDS or those with severe mental illness (rather than those with HIV/AIDS), as long as such measures intend to maintain cost neutrality with other utilization management controls such as prior approval. In a provision concerning limitations on prescription drugs, provides that antipsychotic drugs used to treat severe mental illness shall not be subject to prior approval as a result of the 4-prescription limit and shall not count toward the monthly prescription limit when used for the following mental disorders: post-traumatic stress disorder, schizophrenia, schizoaffective disorder, bipolar disorder, or panic disorder.

To read full text:

To file an electronic witness slip:

SB 2815, Senator Dave Syverson

Amends the Medical Assistance Article of the Illinois Public Aid Code. Removes language requiring the Department of Healthcare and Family Services to (i) limit adult dental services to emergencies; and (ii) beginning July 1, 2013, ensure certain conditions are recognized as emergencies. Provides that (i) the Department shall limit the ALL KIDS school-based dental program; (ii) school-based dental providers must provide children receiving an oral health score of 2 or 3 (indicating the need for restorative or urgent follow-up care) with the diagnosed follow-up care by providing the care themselves at the school or at the provider's local clinic, or the children must be referred by the provider's case manager to a dental provider who is willing to accept each child into the provider's practice to perform required follow-up care and provide a dental home; (iii) the Department may limit dental coverage for children to 2 cleanings and 2 fluoride treatments per year regardless of where the services are performed and shall require prior approval for any requests exceeding this limit; and (iv) beginning July 1, 2014, the Department shall require all adults to pay a $20 encounter fee to the provider at the time of

services. In a provision concerning a dental clinic grant program administered by the Department, adds dental school clinics to the list of dental entities that may apply for grant money. Provides that grant money must be used to support projects that develop dental services or training (rather than only dental services) to meet the dental health care needs of the Department's dental program clients. In addition to other specified expenses, provides that grant moneys must be used for those services provided as part of the educational process at State dental schools.

To read full text:

To file an electronic witness slip:

SB 2866, Senator Jacqueline Y. Collins

Amends the Illinois Public Aid Code. Provides that whenever the State determines that asset verification is necessary for a determination of eligibility on the basis of being aged, blind, or disabled, the Department of Healthcare and Family Services shall require the applicant for or recipient of medical assistance and any other person whose resources are required by law to be disclosed to determine the eligibility of the applicant or recipient for such assistance to provide authorization for the State to obtain any financial records held by any financial institution with respect to the applicant's or recipient's or such other person's resources, as applicable, from any financial institution holding such records. Provides that the Department shall pay a reasonable fee, not to exceed the actual cost incurred, to the financial institution producing the records.Provides that the records shall be produced at no cost to the applicant, recipient, or such other person.Defines "financial institution" and "financial records".Amends the Illinois Banking Act, the Illinois Savings and Loan Act of 1985, the Savings Bank Act, and the Illinois Credit Union Act. Permits the financial institutions subject to those Acts to furnish information in accordance with the federal requirement of asset verification as set forth in the Social Security Act and pursuant to authorization by a medical assistance applicant or recipient or by any other person whose resources are required by law to be disclosed to determine the eligibility of the applicant or recipient for such assistance.

To read full text:

To file an electronic witness slip:

NOTE: If you wish to take any action regarding any of these bills or issues, you may wish to attend the committee hearing conducting the hearing and/or the legislators in your home district. The names, addresses, and telephone numbers of all legislators, both Representatives and Senators, can be found on the Illinois General Assembly website at: You may also check this website to find out if any of the committee hearing dates or time have been changed, which may happen upon very short notice.

For additional information, please contact:

Cheryl R. Jansen

Legislative Director

Equip for Equality

217-544-0464

1