Senate Human Services Committee - Equip for Equality



-323850-504825LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITYMarch 15, 2013The following are disability-related bills/issues pending in the Illinois General Assembly that are scheduled to be heard in committee the week of March 18, 2013: NOTABLE BILLS/ ISSUESSenate Appropriations I CommitteeMarch 19, 2013, 10:00 a.m.Room 212, Capitol BuildingSpringfield, ILSUBJECT MATTER: FY 14 Introduced Budget for the Department of Healthcare and Family Services. 2. SMART Act (PA 97-689) Implementation Update. 3. SB737, CA#1 to SB737, SB1193, SB1437, SB1438, SB1513, SB1733, SB1734, SB1807, CA# 1 SB1807, CA#2 SB1807, SB1808, SB1809.Note: The SMART Act (P.A 97-689) enacted comprehensive reforms to the state Medicaid program in order to cut costs. It reduced and, in some cases, eliminated critical services, for example, placing a limit of four prescriptions without prior authorization, increasing from 29-37 the minimum Determination of Need (DON) score for eligibility for home services and imposing an income cap for eligibility under the Medically Fragile Technology Dependent (MFTD) program.House Human Services CommitteeMarch 20, 2013, 8:00 a.m.Room 114, Capitol BuildingSpringfield, IL*HB 97, chief sponsor, Representative Charles E. MeierAmends the Community Services Act. Provides that the Department of Human Services shall for a 6-month period from the effective date of the amendatory Act observe and track the progress of former residents of the Jacksonville Developmental Center who were removed from that facility after January 1, 2012. Provides that after the 6-month observation and tracking period, the Department of Human Services shall submit a report to the General Assembly that describes: (1) the new venues of care for the former residents of the Jacksonville Developmental Center; (2) costs to the Department of Human Services as a result of the closure of the Jacksonville Developmental Center; (3) cost savings or increases to the Department of Human Services due to the new venues of care for the former residents of the Jacksonville Developmental Center; and (4) the injuries or deaths to former residents of the Jacksonville Developmental Center in their new venues of care. Provides that the report must be submitted to the General Assembly within one year after the effective date of the amendatory Act. Provides that from the effective date of the amendatory Act until 3 months after the filing of the report with the General Assembly, the Department of Human Services may not remove a resident from any State-operated developmental center without the consent of the resident of the center or the guardian of that resident.To read full text: Note: This bill will delay and impede the Governor’s ability to close any state-operated developmental center in accordance with his rebalancing plan to increase community-based services.Equip for Equality is opposed to HB 97.*HB 176, chief sponsor, Representative Bill MitchellAmends the Medical Assistance Article of the Illinois Public Aid Code. Provides that eligibility criteria for voluntary populations to receive medical assistance approved under the federal Patient Protection and Affordable Care Act, including previously ineligible individuals with incomes up to 133% of the federal poverty level, shall not be expanded. Note: This bill prohibits Illinois from implementing the Medicaid expansion provisions of the Affordable Care Act (ACA), which would allow adults aged 19-64 without dependents and whose incomes are below 138% of FPL to be eligible for Medicaid.Equip for Equality is opposed to HB 176.ADDITIONAL BILLS/ISSUES OF INTERESTHouse Insurance CommitteeMarch 19, 2013, 3:00 p.m.Room 114, Capitol BuildingSpringfield, IL*HB 1231, chief sponsor, Representative Dan BradyAmends the Illinois Insurance Code, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act to require coverage for hearing instruments and related services for all individuals when a hearing care professional prescribes a hearing instrument. Provides that an insurer shall provide coverage for up to $2,500 per hearing aid per insured's hearing impaired ear subject to certain restrictions. Provides that an insurer shall not be required to pay a claim if the insured filed such a claim 36 months prior to the date of filing the claim with the insurer and the claim was paid by any insurer.To read full text: for Equality supports HB 1231.House Elementary & Secondary Education CommitteeMarch 20, 2013, 8:00 a.m.Room D-1, Stratton BuildingSpringfield, IL*HB 1058, chief sponsor, Representative Kenneth DunkinAmends the School Code and the Juvenile Court Act of 1987. Provides that as part of thepupil discipline policy (or the uniform system of discipline for pupils in the case of Chicago), each school board shall adopt a policy of zero tolerance that, among other requirements, (1) defines criteria for reporting any act that occurs whenever or wherever students are within the jurisdiction of the school board, (2) defines acts that pose a serious threat to school safety, (3) defines petty acts of misconduct, (4) minimizes the victimization of students or staff, and (5) establishes a procedure that ensures each student has the opportunity to appeal disciplinary actions. Sets forth provisions in relation to entering into agreements with and filing reports with local law enforcement agencies and adopting a cooperative agreement with the Department of Juvenile Justice concerning no contact orders. Provides that any disciplinary or prosecutorial action taken against a student who violates a zero-tolerance policy must be based on the individual student and the particular circumstances of the student's misconduct. Encourages school districts to use alternatives to expulsion or referral to law enforcement agencies unless the use of such alternatives will pose a threat to school safety.To read full text: Equip for Equality is opposed to HB 1058.*HB 1288, HA 1, chief sponsor, Representative Robyn GabelAmends the Children with Disabilities Article of the School Code. Requires the State Board of Education to adopt State complaint procedures that allow a parent, individual, organization, or advocate to file a signed, written complaint with the State Board alleging that a school district, cooperative service unit, or this State has violated the rights of one or more children with disabilities. Requires the school district or other public entity to submit a written response to the complaint within 10 days following receipt of the complaint. Contains provisions concerning documentation related to the complaint. Makes changes concerning a student remaining in his or her present educational placement and continuing in his or her present eligibility status and special education services during the pendency of an administrative or judicial proceeding.To read full text: Note: This bill provides parents with less costly and less adversarial ways to resolve disputes, mandates that parents/their attorneys receive a written response and documentation regarding their complaint, and allows students to remain in their current educational placement (stay put) while their parents pursue a state complaint or mediation to resolve the dispute.Equip for Equality supports HB 1288.*HB 1373, chief sponsor, Representative Linda Chapa LaViaAmends the Children with Disabilities Article of the School Code. Provides that amedical review done as part of a special education evaluation may be performed by (1) a certified or licensed school nurse, (2) a physician licensed to practice medicine in all of its branches, or (3) a nurse who holds a bachelor's degree or higher and is licensed as a registered professional nurse or advanced practice nurse under the Nurse Practice Act, provided that only a certified or licensed school nurse may make recommendations regarding educational interventions, accommodations, or modifications based on the findings of a child's medical review.To read full text: EFE is opposed to HB 1373.HB 2322, chief sponsor, Representative Linda Chapa LaViaAmends the Children with Disabilities Article of the School Code with respect to school social work services. Provides that school social work services may include establishing and delivering anti-bullying programs.To read full text: *HB 3053, chief sponsor, Representative Emily McAseyAmends the School Code. Provides that, if requested, a school board is authorized to excuse a pupil from engaging in a physical education course if the pupil is a child with a disability, is participating in an athletic program outside of the school setting that is equivalent to a varsity athletic program at his or her school, and documents such participation in a manner determined by the school board.To read full text: Equip for Equality supports HB 3053.House Human Services CommitteeMarch 20, 2013, 8:00 a.m.Room 114, Capitol BuildingSpringfield, IL*HB 948, chief sponsor, Representative Greg HarrisRepeals the Abuse of Adults with Disabilities Intervention Act. Amends the Elder Abuseand Neglect Act. Changes the short title of the Act to the Adult Protective Services Act and amends various Acts to change references to the short title. Adds and defines new terms. Provides that within 6 months, the Department on Aging shall establish a centralized Adult Protective Services Helpline for the purposes of reporting the abuse, neglect, or financial exploitation of an eligible adult. Requires the Department on Aging to make the helpline accessible 24 hours a day, 7 days a week and to post its telephone number online. Requires the Department on Aging to report to the Department of Public Health's health care worker registry the identity and administrative finding against any caregiver of a verified and substantiated decision of significant abuse, neglect, or financial exploitation of an eligible adult. Contains provisions concerning notice to caregivers; report challenges; registry hearings; a caregiver's rights to collateral action; removal from the registry; and the referral of registry reports to health care facilities; the establishment of a Statewide Fatality Review Team; and other matters. Effective July 1, 2013.To read full text: Equip for Equality has been working with the sponsor and the State on amendments to this bill and we expect to support those amendments.*HB 959, chief sponsor, Representative Kelly M. CassidyAmends the Medical Assistance Article of the Illinois Public Aid Code. Provides that forpersons who (i) are eligible for Medicaid and are inpatients in a facility licensed under the ID/DD Community Care Act or (ii) are enrolled in the Illinois Home and Community Based Services Medicaid Waiver program for adults with developmental disabilities and reside in a facility licensed under the Community-Integrated Living Arrangements Licensure and Certification Act, in any calendar year in which there is a cost-of-living increase in federal Supplemental Security Income benefits or Social Security benefits, the Department shall increase the total monthly personal needs allowance to such persons by an amount equal to the total amount of the increase in federal Supplemental Security Income benefits or Social Security benefits. As to persons residing in facilities licensed under the Community-Integrated Living Arrangements Licensure and Certification Act, provides that the personal needs allowance shall not be reduced below the rates calculated on January 1, 2013.To read full text: Equip for Equality supports an increase in the personal needs allowance, but it is our position that all individuals with disabilities who receive a personal needs allowance should receive an increase.HB 1267, chief sponsor, Representative Joe SosnowskiAmends the Mental Health and Developmental Disabilities Code. Provides that upon admission to a mental health facility, the facility director is responsible for renewing the registration of a sex offender as defined in the Sex Offender Registration Act who is admitted on an inpatient basis. Provides that the facility director shall act in the name of the sex offender and perform the renewal duties prescribed for sex offenders under the Sex Offender Registration Act, including the payment of registration renewal fees. Amends the Sex Offender Registration Act to make conforming changes.To read full text: HB 1508, chief sponsor, Representative Dwight KayAmends the Abuse of Adults with Disabilities Intervention Act. Provides that upon the death of an adult with disabilities, where a complaint or report of alleged abuse, neglect, or exploitation was made before the person's death under the Act, regardless of whether the complaint or report was substantiated or unsubstantiated, and regardless of whether consent was given for an assessment, the Office of Inspector General designated by the Department of Human Services shall immediately report the matter to the appropriate law enforcement agency and coroner or medical examiner. Provides that the reports shall, at a minimum, contain information regarding: the prior complaint or report of alleged abuse, neglect, or exploitation of the deceased adult with disabilities, the deceased adult with disabilities, and the reporter, upon the reporter's consent; actions taken or not taken by the Office of Inspector General or the Department upon receiving the complaint or report of alleged abuse, neglect, or exploitation; the personnel from the Department and the Office of Inspector General who were involved in investigating the complaint or report of alleged abuse, neglect, or exploitation; and as available and applicable, the case numbers for the Department, the Office of Inspector General, law enforcement, and the coroner or medical examiner. Requires the Office of Inspector General to: maintain a copy of the written report; document any subsequent actions; forward the written report, the coroner's report, and the law enforcement agency's final investigative report to the Attorney General; and notify the proper law enforcement agency to investigate if a crime has been committed. Contains provisions concerning development and implementation of service plans.To read full text: HB 1516, chief sponsor, Representative Dan BradyAmends provisions of the Medical Assistance Article of the Illinois Public Aid Code stating that the refusal of an institutionalized spouse or community spouse to comply with federal requirements by failing to provide the total value of assets, including income and resources, to the extent either the institutionalized spouse or community spouse has an ownership interest in them, may result in the institutionalized spouse being denied eligibility and continuing to remain ineligible for the medical assistance program based on failure to cooperate. Adds language providing that advising the institutionalized spouse or community spouse of the consequences of refusal is also a requirement for a denial of eligibility.To read full text: HB&DocNum=1516&GAID=12&LegID=72387&SpecSess=&Session=*HB 2591, chief sponsor, Representative Esther GolarCreates the Illinois Employment First Act. Provides that: it is the policy of this State thatcompetitive and integrated employment shall be considered the first option when serving persons with disabilities of working age; the policy applies to programs and services that provide services and supports to help persons with disabilities obtain employment; State agencies shall follow the policy and ensure that it is effectively implemented in theirprograms and services; and nothing in the provisions setting forth the policy shall be construed to require any employer to give preference to hiring persons with disabilities. Requires State agencies to: coordinate efforts and collaborate to ensure that State programs, policies, procedures, and funding support competitive and integrated employment of persons with disabilities; and, whenever feasible, share data and information across systems in order to track progress toward full implementation of the Act. Authorizes State agencies to adopt rules to implement the Act. Provides that: the Employment and Economic Opportunity for Persons with Disabilities Task Force shall establish measurable goals and objectives for the State to ensure implementation of the Act and monitor the measured progress toward its implementation; State agencies shall fully cooperate with the Task Force and provide data and information to assist the Task Force; and the Task Force shall include in its annual report a progress report on the implementation of the Act and any recommendations with respect to its implementation.To read full text: Equip for Equality supports HB 2591.HB 2643, chief sponsor, Representative Robert F. MartwickCreates the Vulnerable Adult Fatality Review Team Act. Requires the Director of the Department on Aging, in consultation with other specified agencies and professionals who work in the field of investigating, treating, or preventing abuse or neglect of vulnerable adults, to appoint members to a minimum of one vulnerable adult fatality review team in each of the Department's 13 planning and service areas. Contains provisions concerning appointment terms and the requirement that each review team consist of at least one member who is a physician knowledgeable about abuse and neglect of vulnerable adults; a representative of the Department; a representative of the Department of State Police; a representative of a social service or health care agency that provides services to persons with mental illness; and other specified persons. Provides that each review team shall select a chairperson from among its members and that the chairperson shall also serve on the Illinois Vulnerable Adult Fatality Review Teams Executive Council. Contains provisions concerning the Executive Council, its composition, and duties. Contains provisions concerning the review of vulnerable adult deaths; review team access to information; public access to information; the creation of a database of at-risk individuals; and other matters. Amends the Open Meetings Act. Provides that the meetings of a review team or the Executive Council shall be closed to the public. Amends the Freedom of Information Act. Provides that records and information provided to a review team or the Executive Council shall be exempt from public inspection and copying. Amends the Elder Abuse and Neglect Act. Repeals a provision permitting the Department on Aging to establish regional interagency elder abuse fatality review teams.To read full text: HB 2692, chief sponsor, Representative David HarrisAmends the Illinois Health Facilities Planning Act. Provides that beginning on theeffective date of the amendatory Act the Health Facilities and Services Review Board is dissolved and the terms of its members shall cease. Amends various Acts to make corresponding changes.To read full text: HB 2812, chief sponsor, Representative Barbara Flynn CurrieAmends the Illinois Health Facilities Planning Act. Provides that a State agency must notify the Board in writing of any intent to construct, modify, establish, close, or change the service category of any State-run healthcare facility. Requires this notification to include the facility's estimated service capacity, the location of the project, the estimated date the facility is to open, and when the facility becomes licensed. Provides that this Section is repealed five years after the effective date of this Act.To read full text: *HB 2914, chief sponsor, Representative Jerry F. Costello, IICreates the Financial Institutions Elder Abuse Reporting Act. Provides that a financialinstitution shall make an abuse report if an employee of the financial institution (i) has direct contact with an elder adult or reviews or approves an elder adult's financial documents, records, or transactions in connection with financial services provided by the financial institution to or for the elder adult, and (ii) observes or obtains knowledge of behavior, unusual circumstances, or transactions that leads the employee to know or have reasonable cause to suspect that the elder adult is the victim of financial abuse. Provides that an abuse report made under the Act is confidential. Provides that a financial institution shall establish and implement a training program to (i) assist employees in recognizing signs of potential financial abuse of an elder adult and (ii) inform employees about the requirement to file abuse reports provided by the Act. Provides for civil penalties for failure to file an abuse report.To read full text: Equip for Equality supports HB 2194.*HB 2535, chief sponsor, Representative Elgie R. Sims, Jr. Amends the Community-Integrated Living Arrangements Licensure and CertificationAct. Provides that the Director of the Division of Developmental Disabilities within the Department of Human Services shall appoint a Community Regulatory Advisory Board to consult with the Department. Provides for Advisory Board membership. Requires that the Advisory Board meet at least 4 times each year. Provides that the Advisory Board shall advise the Department on all aspects of the Department's responsibilities under the Act, including the format and content of any rules proposed by the Division of Developmental Disabilities, as requested by the Department. Provides that with certain exceptions, no rule of the Department implementing the Act that is proposed by the Department on or after the effective date of the amendatory Act is valid or effective against any person or party, nor may it be invoked by the Department for any purpose, unless the Department has first sought the advice of the Advisory Board with respect to that rule. Provides that if the Department requests the Advisory Board's advice with respect to a proposed rule, and if the Advisory Board fails to advise the Department as to that proposed rule within 90 days after the Department's request, the Advisory Board shall be deemed to have given its approval of that proposed rule. Provides for Department staff and technical support to the Advisory Board.To read full text: for Equality is opposed to HB 2535. HB 2982, chief sponsor, Representative Patricia R. BellockAmends the Assisted Living and Shared Housing Act. Sets forth circumstances under which the Department of Public Health may initiate a review of an assisted living or shared housing establishment's license. Adds provisions concerning the appointment of a monitor or receiver if the Department has identified systemic risks to residents. Requires the Department to make available information concerning (i) the reporting of abuse, neglect, or exploitation of residents and (ii) other matters. Sets forth procedures by which an adult resident who does not have a legal guardian and has not been adjudicated incompetent may designate another adult to serve as his or her representative for the purpose of receiving certain notifications. Adds provisions concerning checks of the Health Care Worker Registry and other registries with respect to persons employed at an assisted living or shared housing establishment; prohibits employment of a person found to have a disqualifying conviction or involvement in a substantiated case of abuse or neglect.To read full text: HB 3381, chief sponsor, Representative Silvana TabaresAmends the Assisted Living and Shared Housing Act, the Abused and Neglected Long Term Care Facility Residents Reporting Act, the Nursing Home Care Act, the ID/DD Community Care Act, the Specialized Mental Health Rehabilitation Act, and the Elder Abuse and Neglect Act. Provides that any administrator, supervisor, or employee of a long term care facility, or any administrator, supervisor, or employee of an assisted living or shared housing establishment, having reasonable cause to believe that any resident of the facility or establishment has been subjected to abuse shall report the abuse or cause a report of the abuse to be made as follows: if the suspected abuse results in serious bodily injury to the resident, a telephone report shall be made to the local law enforcement agency within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse; in addition, a written report shall be made to the local law enforcement agency, the Department, and the Office of State Long Term Care Ombudsman within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse. Provides that if the suspected abuse does not result in serious bodily injury to the resident, such reports shall be made within 24 hours.To read full text: HR 4, chief sponsor, Representative Mary E. FlowersCreates the Medicaid Managed Care Oversight Task Force to monitor how Illinois approaches and manages a new form of health care delivery system based on a managedcare model, particularly for people with disabilities and the elderly.To read full text: Public Benefits Subcommittee, 8:02 a.m.HB 1340, chief sponsor, Representative Joe SosnowskiAmends the Disabled Persons Rehabilitation Act. Provides that any person providing services as a personal assistant or an individual provider under the Department of Human Services' Home Services Program shall submit to a criminal history background check. Provides that the Department shall promulgate rules that (i) are necessary to implement this provision; and (ii) indicate any condition or circumstance when a personal assistant or individual provider shall be denied employment as a result of the criminal history background check. Defines "individual provider" to mean a person providing services under the Home Services Program who is a personal assistant, registered nurse, licensedpractical nurse, certified nurse assistant, occupational therapist, physical therapist, or speech therapist and has been privately hired by the customer.To read full text: Equip for Equality supports HB 1340.House Judiciary CommitteeMarch 20, 2013, 8:00 a.m.Room C-1, Stratton BuildingSpringfield, ILHB 1007, HA 2, chief sponsor, Representative Ron SandackAmends the Mental Health and Developmental Disabilities Code. Provides that if the respondent is unable to obtain an examination in an involuntary admission proceeding or in a proceeding seeking the administration of psychotropic medication or electroconvulsive therapy, the respondent may request that the court order an examination to be made by a physician, qualified examiner, clinical psychologist, or other expert (rather than by an impartial medical expert under Supreme Court Rules or by a qualified examiner, clinical psychologist, or other expert). Provides that the court must determine the compensation of the examiner or other expert. Provides that the compensation must be paid by the respondent's county of residence unless the respondent is not a resident of the State, in which case the fee must be paid by the county in which the proceeding is pending. Deletes provision that determination of the compensation of the physician, qualified examiner, clinical psychologist, or other expert and its payment shall be governed by Supreme Court Rule.To read full text: *HB 2338, chief sponsor, Representative Michael J. ZalewskiAmends the Probate Act of 1975. Provides that a licensed clinical psychologist may signa report relating to the adjudication of disability when the evaluation is limited to therespondent's mental condition.To read full text: Note: Currently, at least one licensed physician is required to evaluate the respondent and sign off on a report relating to a petition for adjudication of disability. This bill eliminates that requirement if a clinical psychologist does an evaluation that is limited to the respondent’s mental condition and signs off on the report. However, neither the bill nor the Probate Act defines the term “mental condition”. Equip for Equality is opposed to HB 2338.HB 2628, chief sponsor, Representative Silvana TabaresAmends the Nursing Home Care Act. Requires a nursing home to place electronic monitoring devices throughout the facility in areas including specified common areas and residents' rooms. Allows residents to opt out of electronic monitoring in their rooms. Sets forth requirements concerning recordings. Provides that intentionally hampering, obstructing, tampering with, or destroying an electronic monitoring device installed in a facility is a Class A misdemeanor for which a $5,000 fine may be imposed. Provides for access to real-time and recorded files. Allows for the admission of recordings into evidence. Contains provisions concerning civil liability; reimbursement of facilities for expenses incurred in installing electronic monitoring systems; the authority of the Department of Public Health to deny, suspend, or refuse to renew a facility's license; the adoption of rules by the Department; and other matters.To read full text: HB 3357, chief sponsor, Representative Michael W. TryonAmends the Criminal Code of 2012. Creates the offense of abandoning a disabled adult. Provides that a parent or legal guardian of a person who at the time of the offense was a severely or profoundly intellectually disabled person at least 18 years of age commits abandoning a disabled adult when he or she without regard for the mental or physical health, safety, or welfare of the person knowingly leaves the severely or profoundly intellectually disabled person without supervision by a responsible person over the age of 14 for a period of 24 hours or more. Establishes factors the trier of fact shall consider for the purposes of determining whether the severely or profoundly intellectually disabled person was left without regard for the mental or physical health, safety, or welfare of that severely or profoundly intellectually disabled person. Provides that abandoning adisabled adult is a Class 4 felony. Provides that a second or subsequent offense after a prior conviction is a Class 3 felony.To read full text: Firearms Subcommittee, 8:02 a.m.HB 2792, chief sponsor, Representative Elgie R. Sims, Jr.Amends the Firearm Owners Identification Card Act. Provides that an applicant for a Firearm Owner's Identification Card must receive a psychiatric or psychological evaluation by a psychiatrist, clinical psychologist, or clinical social worker and receive a certification by the psychiatrist, clinical psychologist, or clinical social worker that he or she: (1) is not a danger to himself, herself, or to others; (2) does not lack the mental capacity to manage his or her own affairs; (3) is able to provide for his or her basic physical needs so as to guard himself or herself from serious harm without the assistance of family or others; and (4) does not have a state of mind manifested by violent, suicidal, threatening, or assaultive behavior that poses a clear and present danger to himself, herself, or to others at the time of the evaluation or in the future. Provides that if a patient of a psychiatrist, clinical psychologist, or clinical social worker has received a psychiatric or psychological evaluation and the psychiatrist, clinical psychologist, or clinical social worker determines that the Card holder is ineligible for the Card for these reasons, the psychiatrist, clinical psychologist, or clinical social worker shall immediately after making the determination shall forward that information to the Department of State Police. Amends the Mental Health and Developmental Disabilities Confidentiality Act to permit disclosure of this information.To read full text: House State Government Administration CommitteeMarch 20, 2013, 1:30 p.m.Room C-1, Stratton BuildingSpringfield, ILHB 1062, chief sponsor, Representative Charles E. JeffersonAmends the Department of Veterans Affairs Act. Creates the Illinois Disabled ServiceMember Task Force within the Department of Veterans Affairs to investigate the feasibility of establishing (1) a uniform, State-wide standard, specific to veterans, for determining the qualifications for who may be considered disabled and (2) a means by which State agencies that provide services and benefits to disabled persons and that have varied standards for qualifying as a disabled person may use the uniform, State-wide standard in providing services and benefits to disabled veterans. Sets forth provisions concerning Task Force members, reimbursement, and reporting of the Task Force's findings. Repeals the provision concerning the Task Force on February 1, 2014.To read full text: Senate Education CommitteeMarch 19, 2013, 1:00 p.m.Room 400, Capitol BuildingSpringfield, IL*SB 2157, chief sponsor, Senator Bill CunninghamAmends the School Code. Provides that, if requested, a school board is authorized to excuse a pupil from engaging in a physical education course if the pupil has an intellectual or physical disability, is participating in an athletic program outside of the school setting, and documents such participation as determined by the school board.To read full text: for Equality supports SB 2157.*SB 2198, chief sponsor, Senator Michael ConnellyAmends the Transportation Article of the School Code. Provides that the Section concerning transportation to and from specified interscholastic or school-sponsored activities does not apply to transition students who have completed grades 9 through 12.To read full text: Equip for Equality is opposed to SB 2198. Senate Public Health CommitteeMarch 19, 2013, 1:00 p.m.Room 409, Capitol BuildingSpringfield, ILSB 2353, chief sponsor, Senator Heather A. SteansAmends the Nursing Home Care Act, the ID/DD Community Care Act, and the Specialized Mental Health Rehabilitation Act. Provides that a facility which is owned by a chain organization as defined by the Centers for Medicare and Medicaid Services shall submit annually to the Department of Public Health (IDPH) an electronic copy of the Home Office Cost Statement required to be submitted by the home office of the chain to the United States Department of Health and Human Services; provides a penalty for failure to comply. Adds certain information regarding nursing homes that IDPH must make available to the public on the World Wide Web, including certain cost reports and statements and whether the facility is part of a chain.To read full text: Senate Human Services Committee—Subcommittee on Special Issues March 19, 2013, 2:55 p.m.Room 409, Capitol Building Springfield, ILSB 1529, chief sponsor, Senator Chapin RoseAmends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that the Department of Human Services shall establish a pilot project under which a community mental health or developmental services agency may pre-certify a community-integrated living arrangement to the Department before that living arrangement is constructed. Provides that the pre-certification must be based on a written agreement between parents or legal guardians which provides that the persons for whom those parents or guardians are responsible will reside in the living arrangement. Provides that the purpose of the pre-certification pilot project is to encourage a developer to construct a new community-integrated living arrangement for 8 residents.To read full text: *SB 1655, chief sponsor, Senator Heather A. SteansAmends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that the Director of the Division of Developmental Disabilities within the Department of Human Services shall appoint a Community Regulatory Advisory Board to consult with the Department. Provides for Advisory Board membership. Requires that the Advisory Board meet at least 4 times each year. Provides that the Advisory Board shall advise the Department on all aspects of the Department's responsibilities under the Act, including the format and content of any rules proposed by the Division of Developmental Disabilities, as requested by the Department. Provides that with certain exceptions, no rule of the Department implementing the Act that is proposed by the Department on or after the effective date of the amendatory Act is valid or effective against any person or party, nor may it be invoked by the Department for any purpose, unless the Department has first sought the advice of the Advisory Board with respect to that rule. Provides that if the Department requests the Advisory Board's advice with respect to a proposed rule, and if the Advisory Board fails to advise the Department as to that proposed rule within 90 days after the Department's request, the Advisory Board shall be deemed to have given its approval of that proposed rule. Provides for Department staff and technical support to the Advisory Board.To read full text: Note: This is a companion bill to HB 2535.Equip for Equality is opposed to SB 1655.Senate Human Services CommitteeMarch 19, 2013, 3:00 p.m.Room 409, Capitol Building Springfield, ILSB 45, chief sponsor, Senator Heather SteansAmends the Nursing Home Care Act. Requires the Department of Public Health to promulgate rules specific to the staffing requirements for facilities that are federally defined as Institutions for Mental Disease and for facilities that are licensed under the Specialized Mental Health Rehabilitation Act (instead of within 120 days of the effective date of Public Act 97-689, the Department of Public Health shall promulgate such rules).To read full text: SB 822, SA 1, chief sponsor, Senator Michael E. HastingsAmends the Mental Health and Developmental Disabilities Administrative Act. Provides that following the sale of any state mental health facility the net proceeds deposited into the Community Mental Health Trust Fund must be used for the purposes set forth in subsections (c), (c-2), and (c-3) of Section 4.6 of the Community Services Act. Allows the net proceeds to be spent over a number of fiscal years, not just year in which they are deposited. Provides that these funds are not subject to sweeps, charge-backs, or any other fiscal or budgetary maneuver that would transfer any amount from the Fund into any other Fund of the state unless specifically authorized by law prior to the effective date of this amendatory Act of the 98th General Assembly. Makes it unlawful to circumvent this requirement by governmental reorganizations or other methods. Makes other changes.To read full text: *SB 1186, chief sponsor, Senator Heather A. SteansAmends the Mental Health and Developmental Disabilities Confidentiality Act. Defines "business associate", "covered entity", "facility", "health information exchange" ("HIE"), "HIE purposes", "HIPAA", "integrated health system", and "interdisciplinary team" and changes the definition of "confidential communication" and "record". Provides that an HIE, person, therapist, facility, agency, interdisciplinary team, integrated health system, business associate, or covered entity may, without a recipient's consent, use, disclose, or redisclose information from a recipient's record to certain entities for specified purposes. Provides that a recipient may opt-out of having his or her record disclosed. Makes corresponding changes throughout the rest of the Act.To read full text: Equip for Equality is opposed to SB 1186.*SB 1655, chief sponsor, Senator Heather A. SteansAmends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that the Director of the Division of Developmental Disabilities within the Department of Human Services shall appoint a Community Regulatory Advisory Board to consult with the Department. Provides for Advisory Board membership. Requires that the Advisory Board meet at least 4 times each year. Provides that the Advisory Board shall advise the Department on all aspects of the Department's responsibilities under the Act, including the format and content of any rules proposed by the Division of Developmental Disabilities, as requested by the Department. Provides that with certain exceptions, no rule of the Department implementing the Act that is proposed by theDepartment on or after the effective date of the amendatory Act is valid or effective against any person or party, nor may it be invoked by the Department for any purpose, unless the Department has first sought the advice of the Advisory Board with respect to that rule. Provides that if the Department requests the Advisory Board's advice with respect to a proposed rule, and if the Advisory Board fails to advise the Department as to that proposed rule within 90 days after the Department's request, the Advisory Board shall be deemed to have given its approval of that proposed rule. Provides for Department staff and technical support to the Advisory Board.To read full text: Note: This is a companion bill to HB 2535.Equip for Equality is opposed to SB 1655.HB 1005, chief sponsor, Senator Dave SyversonAmends the Mental Health and Developmental Disabilities Code. Provides that restraints or seclusion may be employed upon a recipient with the written order of a clinical professional counselor.To read full text: Senate Judiciary CommitteeMarch 19, 2013, 3:00 p.m.Room 212, Capitol BuildingSpringfield, IL*SB 1164, chief sponsor, Senator William R. HaineRepeals the Abuse of Adults with Disabilities Intervention Act. Amends the Elder Abuse and Neglect Act. Changes the short title of the Act to the Adult Protective Services Act and amends various Acts to change references to the short title. Adds and defines new terms. Provides that within 6 months, the Department on Aging shall establish a centralized Adult Protective Services Helpline for the purposes of reporting the abuse, neglect, or financial exploitation of an eligible adult. Requires the Department on Aging to make the helpline accessible 24 hours a day, 7 days a week and to post its telephone number online. Requires the Department on Aging to report to the Department of Public Health's health care worker registry the identity and administrative finding against any caregiver of a verified and substantiated decision of significant abuse, neglect, or financial exploitation of an eligible adult. Contains provisions concerning notice to caregivers; report challenges; registry hearings; a caregiver's rights to collateral action; removal from the registry; and the referral of registry reports to health care facilities; the establishment of a Statewide Fatality Review Team; and other matters.To read full text: Note: this is a companion bill to HB 948.SB 1612, SA 1, chief sponsor, Senator Ira I. SilversteinAmends the Guardianship and Advocacy Act. Provides that the State Guardian mayprovide a training program that outlines the duties and responsibilities of guardians appointed under Article XIa of the Probate Act of 1975. Amends the Probate Act of 1975. Adds to the requirements for being appointed as a guardian under Article XIa of the Act that the person must have completed a training program developed by the State Guardian that outlines the duties and responsibilities of guardians and the rights of persons with disabilities that has been made available at no cost by the court or other suitable provider approved by the court.To read full text: SB 2364, chief sponsor, Senator William R. HaineAmends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that the mental health records of a recipient may be disclosed in a civil, criminal or administrative proceeding in response to a subpoena or court order in cases involving sexual assault or sexual abuse when the recipient is the alleged perpetrator of the offense and the disclosure relates directly to the fact or immediate circumstances of the offense, if and only to the extent the court in which the proceedings have been brought, or, in the case of an administrative proceeding, the court to which an appeal may be taken, finds, after an in camera examination, that it is relevant, probative, and otherwise discoverable provided that other satisfactory evidence is not available regarding the facts sought to be established. Provides that a court may enter a protective order to prevent harm from the disclosure of the records. Provides for the redaction of certain information from the records. Provides that if findings are made in accordance with the new provisions, the court shall issue an order authorizing the disclosure of the records of a recipient or the issuance of a subpoena for the records to be delivered to the court for an in camera examination. Provides that the terms "sexual assault" and "sexual abuse" have the meanings given, respectively, to "criminal sexual assault" and "criminal sexual abuse" in the Criminal Code of 2012.To read full text: Transportation CommitteeMarch 19, 2013, 5:00 p.m.Room 212, Capitol BuildingSpringfield, ILSB 1929, chief sponsor, Senator Emil Jones, IIIAmends the Illinois Vehicle Code. In Section on special decals for parking and persons with disabilities, revises cross-reference to the definition of "persons with disabilities" with respect to a temporary disability. Provides that exemptions from parking fees for disabled persons shall only apply to metered street parking and not to public parking structures or areas. Requires an application for a meter exempt decal to provide evidence of permanent disability.To read full text: *Indicates Equip for Equality’s comment or position on a bill.NOTE: If you wish to take any action regarding any of these issues, you may wish to attend the committee hearing and/or contact the members of the Committee 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 file an electronic witness slip regarding a bill by clicking on the General Assembly Dashboard at: . You may also check this website to find out if any of the committee hearing dates or times have been changed, which may happen upon very short notice. For additional information, please contact:Cheryl R. JansenLegislative DirectorEquip for Equalitycherylj2@217-544-0464 ................
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