Legislative update

[Guest guest]

Sorry this is so long...

Ellen

The Arc of Illinois

April 15, 2009

Leaders in The Arc:

Here is our most recent new public acts and a summary of disability legislation

in both the House and Senate.

Tony auski

The Arc of Illinois

815-464-1832

MID-SESSION SUMMARY OF DISABILITY AND RELATED LEGISLATION

by Phil Milsk

Governmental Affairs Consultant

NEW PUBLIC ACTS

95-1049-Insurance Coverage for Habilitative Care

Amends the Insurance Code and other acts with respect to mandated coverage.

Requires health plans to cover habilitative services for children under the age

of 19. These services include occupational therapy, physical therapy, speech

therapy and other services prescribed by the insured's treating physician

pursuant to a treatment plan to enhance the child's ability to function with a

congenital, genetic, or early acquired disorder. The new Act goes into effect

on January 1, 2010.

96-0004-FY 2009 Supplemental Appropriations

Authorizes additional spending for the current fiscal year ending June 30, 2009.

Includes authority for spending funds allocated to Illinois under the federal

American Recovery and Reinvestment Act of 2009. The following appropriations of

ARRA funds should be noted:

IDEA: $253,240,000

IDEA Preschool: $9,155,500

Early Intervention: $10,000,000

VR and Independent Living Programs: $20,000,000

PENDING BILLS

HB 30-Autism/Family Preservation Services

Requires DCFS to develop and implement a program of family preservation services

to support intact, foster and adoptive families who are experiencing extreme

hardship due to the difficulty of caring for a child with pervasive

developmental disorder. Requires DCFS to develop a public information campaign

to alert public healthcare providers, social service agencies and the general

public about these family preservation services. The bill has passed the House

and is now in the Senate.

House Sponsor: Flowers(D-Chicago) No Senate sponsor as yet.

HB 39-Home Services/Spouse Caregiver Demonstration

Requires the Department of Human Services, in conjunction with the Department of

Healthcare and Family Services, to develop a demonstration project within the

Home Services Program under which a spouse may be reimbursed for providing care

to his or her spouse in selected counties and under specified conditions.

Limits participation in the demonstration project to no more than 100

individuals in a fiscal year. The bill has passed the House and is now in the

Senate.

House Sponsor: Moffitt(R-Galesburg); Senate Sponsor: Koehler(D-Peoria)

SB 135 is the companion bill to HB 39. It has passed the Senate and is now in

the House. SB 135 has the same chief sponsors.

HB 47-Freedom of Information Act/Disability Database Exemption

Provides that files, documents, and other data or databases maintained by one or

more law enforcement agencies and specifically designed to provide information

to one or more law enforcement agencies regarding the physical or mental status

of one or more individuals, are exempt from inspection and copying requirements

under the FOIA. Defines " physical or mental status " as (1) any physical or

mental disability, defect, or malady that would or could present a danger to a

responding law enforcement officer or to the general public or (2) any physical

or mental disability, defect, or malady that a responding officer should be

aware of for the safety of the officer or for the safety of the individual. The

bill has passed the House and is now in the Senate. House Sponsor: Brady

(R-Bloomington); Senate Sponsor: Millner(R-Elmhurst).

HB 244-Insurance Coverage/Physical Therapy for MS

Amends various Acts to require insurance coverage for medically necessary

preventative physical therapy for covered individuals who are diagnosed with

multiple sclerosis. The bill has passed the House and is now in the Senate.

House Sponsor: Pritchard(R-DeKalb); Senate Sponsor: Holmes(D-Aurora)

SB 1809 is a companion bill with the same sponsors.

HB 366-Illinois Cares Rx Eligibility

The bill would provide the same " plus " level of benefits for all beneficiaries

of the Illinois Cares Rx program, our Medicare Part D wraparound program. This

would primarily benefit individuals with disabilities ages 55-64 who currently

have the " basic " coverage that provides a lesser benefit level. The bill has

passed the House and is now in the Senate. House Sponsor: s(D-Woodstock);

Senate Sponsor: Hutchinson(D-Chicago Heights).

The companion to HB 366 is SB 2069, which is almost identical. SB 2069 has

passed the Senate and is in the House, with the same chief sponsors.

HB 628-Special Education/Parents' Experts

This bill would require school districts to allow a parent or a parent's expert

reasonable access to school programs, facilities and personnel and to the child

for the purposes of conducting an evaluation or observing the child in the

school environment. Provisions in the bill that would allow a parent who

prevails in a due process hearing or in a civil action to recover expert witness

costs as part of the overall costs were removed via an amendment, subject to

further negotiations with school management groups. The bill has passed the

House and is now in the Senate. House Sponsor: Osterman(D-Chicago); Senate

Sponsor: Steans(D-Chicago).

HB 655-Commission on Employment and Economic Opportunity

Establishes a State Commission on competitive employment and economic

opportunity for persons with disabilities. States the purposes and

responsibilities of the Commission and specifies the membership. Passed the

House and is now in the Senate. House Sponsor: Golar(D-Chicago); Senate

Sponsor: (D-Chicago).

HB 725-American Sign Language/Credits

Encourages school boards to incorporate American Sign Language (ASL) courses

into foreign language curriculum. With respect to public universities,

provides that the foreign language admission credit may include ASL, and allows

the award of academic credit for the successful completion of an ASL course.

Passed the House and is now in the Senate. House Sponsor:

(R-ville); Senate Sponsor: Hultgren(R-Wheaton).

HB 745-Public Aid Application Rights

Amends the Public Aid Code to provide that an application for assistance may be

filed with any local DHS office, that the applicant has the right to have his or

her file transferred to another local office for his or her convenience based on

several factors, and that, in food stamps cases in which an applicant or

recipient reports earned income, the applicant's or recipient's employment shall

be presumed to be a hardship for the purposes of scheduling an in-person meeting

with a representative of the Department and the in-person meeting shall be

waived. Passed the House and is now in the Senate. House Sponsor:

enholtz(D-Chicago); Senate Sponsor: (D-Chicago).

HB 748-Nursing Home Admission/Advance Directives

Amends the Nursing Home Care Act and the Health Care Surrogate Act. Provides

that within 30 days after admission to a nursing home, new residents who do not

have a guardian of the person or an executed power of attorney for health care

shall be provided with written notice of their right to provide the name of one

or more potential health care surrogates that a treating physician should

consider in selecting a surrogate to act on the resident's behalf should the

resident lose decision-making capacity. Provides that a signed copy of the

resident's declaration of a potential health care surrogate or decision to

decline to make such a declaration, or documentation by the facility of the

resident's inability to make such a declaration, shall be placed in the

resident's clinical record and shall satisfy the facility's obligation

concerning Do-Not-Resuscitate orders. Provides that such a declaration shall be

used only for informational purposes in the selection of a surrogate pursuant to

the Health Care Surrogate Act. Provides that a facility that complies with these

provisions is not liable to any healthcare provider, resident, or resident's

representative or any other person relating to the identification or selection

of a surrogate or potential health care surrogate. Requires that a health care

facility maintain a declaration of a potential surrogate or surrogates should

the person become incapacitated or impaired in the patient's medical records for

the duration of the patient's stay. Passed the House and now in the Senate.

House Sponsor: Ryg(D-Vernon Hills); Senate Sponsor: Garrett(D-Lake Forest).

HB 751-State Operated Developmental Centers/Sale of Land

The bill provides that if a State Operated Developmental Center for persons with

developmental disabilities in closed and the land on which it sits is sold, the

net proceeds of the sale shall be deposited into the Community Developmental

Disabilities Medicaid Trust Fund (instead of into the General Revenue Fund).

Further, the bill provides that if a State Operated Developmental Center for

Persons with mental illness is closed and the land on which it sits is sold, the

net proceeds of the sale shall be deposited into the Community Mental Health

Medicaid Trust Fund. The bill has passed the House and is now in the Senate.

House Sponsor: Ryg(D-Vernon Hills); Senate Sponsor: Steans(D-Chicago).

HB 758-Community DD and MH Services/FMAP

Requires that 100% of the federal Medicaid matching funds generated by community

developmental disabilities services or community mental health services shall be

deposited into the Community Developmental Disabilities Medicaid Trust Fund or

the Community Mental Health Medicaid Trust Fund, respectively. Currently there

is a cap on the annual amount of FMAP deposited into these trust funds. The

bill has passed the House and is now in the Senate. House Sponsor: Ryg(D-Vernon

Hills); Senate Sponsor: Frerichs(D-Gifford).

SB 2093 is the companion bill to HB 758. SB 2093 has passed the Senate and is

now in the House. Sponsors of SB 2093 are Sen. Frerichs and Rep.

Pritchard(R-DeKalb).

HB 759-Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

Creates this new Act, which contains provisions regarding jurisdiction over

adult guardianships, conservatorships, and other protective proceedings. The

bill has passed the House and is now in the Senate. House Sponsor: Ryg(D-Vernon

Hills); Senate Sponsor: Silverstein(D-Chicago)

HB 796-LIHEAP/DepartmentalTransfer

Transfers the administrative responsibilities for the low-income energy

assistance program back to the Department of Commerce and Economic Opportunity

from the Department of Healthcare and Family Services. Allows DCEO to set the

maximum eligibility level for the LIHEAP program at 200% of the federal poverty

level (now 150%) until the earlier of July 1, 2012, or the expiration of certain

federal resources allocated under the federal economic stimulus program. Passed

the House and now in the Senate. House Sponsor: Dugan(D-Kankakee); Senate

Sponsor: Wilhelmi(D-Joliet).

HB 818-HBWD/Medically Improved Disability

Would allow a person who is determined by the Social Security Administration to

have a medically improved disability to remain on the Health Benefits for

Workers with Disabilities program if the person meets all other HBWD eligibility

criteria. Implementation is subject to federal approval. Passed the House and

now in the Senate. House Sponsor: Nekritz(D-DesPlaines); Senate Sponsor:

Delgado(D-Chicago).

HB 979-Special Education Transition Plans

Amends the Illinois School Code concerning transition plans for students with

disabilities. Aligns the language of the Code with IDEA 2004 and its

implementing regulations. Stresses that the transition planning process is

part of the IEP process. Add requirements with respect to monitoring and

reporting on a student's referral to and participation in transition activities

involving an outside entity. Passed the House and now in the Senate. House

Sponsor: Coulson(R-Glenview); Senate Sponsor: Koehler(D-Peoria).

HB 1034-Prompt Payment/Penalty

Requires that the Governor's submitted budget include information about the

amount and description of overdue bills and invoices under the State Prompt

Payment Act. Amends the Prompt Payment Act to accelerate the payment period

from 60 days after a bill is properly submitted to 30 days after the bill is

properly submitted. Increases the penalty from 1% to 1.5% if the payment is not

made within 60 days after the bill is submitted. Passed the House and now in the

Senate. House Sponsor: Flider(D-Mt. Zion); Senate Sponsor: Mc(R-Lebanon).

HB 1035-Disability History Awareness

Amends the School Code and various acts concerning higher education. Requires

the State Board of Education to promote an annual campaign about disability

history and awareness. Requires school districts to provide instruction on

disability history, persons with disabilities and the disability rights

movement. Requires regional superintendents of schools to monitor school

districts' compliance. Allows each public university to conduct and promote

activities that provide education on, awareness of, and an understanding of

disability history, people with disabilities and the disability rights movement.

Passed the House and now in the Senate. House Sponsor: Flider(D-Mt. Zion);

Senate Sponsor: Hutchinson(D-Chicago Heights).

HB 1335-School Press Boxes/Accessibility Code

The bill amends the School Code to provide that a school board does not have to

comply with the Illinois Accessibility Code with respect to accessibility to

press boxes that are 1,000 square feet or less if they are located on school

property. Passed the House and now in the the Senate. House Sponsor:

Schmitz(R-Batavia); Senate Sponsor: Althoff(R-Crystal Lake)

HB 2290-Involuntary Sterilization

Amends the Probate Act by adding a section concerning sterilization of a ward.

Requires a guardian to first obtain an order from the court granting the

guardianship before consenting to sterilization of the ward, except for a

procedure that is medically necessary to preserve the life of the ward or to

prevent serious impairment to the health of the ward and which may result in

sterilization. The bill provides various legal and evaluation procedures to

protect the ward against an unwanted or unnecessary sterilization. It has

passed the House and is now in the Senate. House Sponsor: Ryg(D-Vernon Hills);

Senate Sponsor: Steans(D-Chicago).

HB 2400-Prompt Payment/Services Covered

Amends the State Prompt Payment Act to include within the definition of " goods

and services " the following: (1) services to persons with developmental

disabilities; (2) services to persons with mental illness; (3) alcohol and

substance abuse services; (4) rehabilitation services; and (5) early

intervention services. The bill has passed the House and is now in the Senate.

House Sponsor: Lang(D-Skokie); Senate Sponsor: Schoenberg(D-Wilmette).

HB 2547-Human Rights-Places of Public Accommodations

Amends the Public Accommodations article of the Illinois Human Rights Act to

remove an exemption that currently applies to classroom activities in

non-sectarian schools and similar non-sectarian entities. Provides that such

entities are covered under the Act for certain discriminatory acts related to

classes or classroom activity, including severe or pervasive harassment if the

covered entity fails to take corrective action. Provides that actions protected

by the 1st Amendment to the US Constitution are not to be considered

discriminatory. The bill has passed the House and is now in the Senate. House

sponsor: Fritchey(D-Chicago); Senate Sponsor: Steans(D-Chicago).

HB 2652-Insurance Coverage for Prosthetics and Customized Orthotics

Amends various acts concerning health insurance. Provides coverage for

prosthetic and customized orthotic devices that is no less favorable than the

terms and conditions applicable to substantially all medical and surgical

benefits provided under the plan or coverage. Requires coverage of repairs and

replacements. Provides that a policy or plan may require prior authorization.

Passed the House and is now in the Senate. House Sponsor: Joyce(D-Chicago);

No Senate sponsor of record to date.

HB 3841-$$DD Community Based Supports

Would appropriate $162,150,000 to the Department of Human Services in FY 2010

for certain community-based services to individuals with developmental

disabilities. The bill passed the House and is now in the Senate. House

Sponsor: Leitch(R-Peoria)

HB 4081-Sexual Assault Survivor/Emergency Medical Treatment

Amends the Sexual Assault Survivors Emergency Treatment Act to provide that any

person (now any minor) who is a sexual assault survivor who seeks emergency

hospital services and forensic services or follow-up healthcare under the Act

shall be provided such services without the consent of any parent, guardian,

custodian, surrogate, or agent. Further provides that if the survivor is an

adult who has a guardian of the person, a health care surrogate, or an agent

acting under a health care power of attorney, the consent of the guardian,

surrogate or agent is not required to release evidence and information

concerning the sexual assault. Further provides that if the adult survivor is

unable to provide consent for the release of evidence and information and a

guardian, surrogate, or agent under a health care power of attorney is

unavailable or unwilling to release the information, an investigating law

enforcement officer may authorize the release. Passed the House and now in the

Senate. House Sponsor: Ryg(D-Vernon Hills); Senate Sponsor: Hunter

(D-Chicago).

HJR 28 - Blueprint House Joint Resolution

Required that the state develop a 7-year plan to enhance and expand access to

quality community services and supports. Any increase in resources shall be

appropriated to services and supports consistent with the actions steps in the

plan. House Sponsor: Ryg(D-Vernon Hills).

SB 27- " Silver Alert " System

Amends various Acts to establish a " Silver Alert " missing and endangered persons

alert system for seniors and persons with disabilities. Passed the Senate and

now in the House. Senate Sponsor: Crotty(D-Oak Forest); House Sponsor:

Pihos(R-Glen Ellyn).

SB 40-Incentives for Hiring Persons with Disabilities

Amends the Central Management Services Law of the Civil Administrative Code of

Illinois to require CMS, in cooperation with DHS, IDES and other State agencies

to develop and implement programs to increase the number of qualified employees

with disabilities working in the State. The programs shall include provisions

to increase the number of persons with disabilities hired for positions with

specific job titles for which they have been assessed and awarded a passing

grade. Requires CMS and DHS to submit an annual report to the Governor and to

the General Assembly concerning their actions. Further, requires CMS to collect

certain data concerning federal tax credits and deductions for hiring employees

with disabilities for the period July 1, 2009 through June 30, 2010. Passed the

Senate and now in the House. Senate Sponsor: Garrett(D-Lake Forest); House

Sponsor: Ryg(D-Vernon Hills).

SB 327-State Facility Closure/Restrictions

Amends the State Facilities Closure Act to provide that if appropriations have

been made for the current State fiscal year for the operation of a State

facility during the entire fiscal year, then no action may be taken to close the

facility, to reduce its capacity to serve the number of residents, youth, or

inmates for which the appropriation was made, or to move its location from the

county in which the service is provide, unless the action is specifically

approved by the same joint resolution of the General Assembly. Passed the

Senate and now in the House. Senate Sponsor: Crotty(D-Oak Forest); House

Sponsor: Riley(D-Matteson).

HB 2376 is the House companion to SB 327. It has passed the House. The sponsor

is Rep. Careen Gordon(D-Coal City).

SB 1348-CILA Investigation

Amends the Community-Integrated Living Arrangements Licensure and Certification

Act to provide that the Department of Human Services shall (rather than may)

conduct an investigation upon receipt of a complaint to ensure that a community

mental health or developmental disabilities service agency is in compliance with

the Act. Provides that in the case of an agency operating without a license or

permit, DHS shall (rather than may) investigate, notify the agency and make

referrals to investigatory or law enforcement agencies. Passed the Senate and

now in the House. Senate Sponsor: Hendon(D-Chicago); House Sponsor:

Dunkin(D-Chicago).

SB 1499-Community Services/Commission

This bill amends the Community Services Act concerning a commission that was

supposed to have been created in 2007, but was not. The commission is intended

to review funding methodologies, identify gaps in funding, identify revenue, and

prioritize the use of revenue for community developmental disabilities services,

mental health services, alcohol and substance abuse services, rehabilitation

services, and early intervention services. Under SB 1499, the commission must

be appointed by the Governor by September 1, 2009, and the commission's final

report due date would be pushed back to September 1, 2010. The bill would also

add to the ex-officio nonvoting members of the commission the Director of

DHS/DDD, the Director of DHS/DMH and the Director of DHS/DASA. The bill has

passed the Senate and is in the House. Senate Sponsor: Hunter(D-Chicago);

House Sponsor: Golar(D-Chicago).

SB 1541-Accessible Parking Program

Amends the Illinois Vehicle Code. Provides that a special parking decal or

device for a person with disabilities may be used by the authorized holder,

rather than the special parking decal or device being the property of the person

with disabilities. Removes language concerning the revocation or suspension of a

person's driving privileges and revocation of disability license plates or

parking decals or devices for violation of provisions concerning the

unauthorized use of parking places reserved for persons with disabilities

because similar language appears elsewhere in those provisions. Provides that a

police officer may seize the parking decal or device from any person who commits

a violation of the unauthorized use of parking places reserved for persons with

disabilities provision, may request that the Secretary of State revoke the

parking decal or device or the disability license plate of any person who

commits a violation of that provision, and may seize the disability license

plate upon authorization from the Secretary of State. The bill has passed the

Senate and is now in the House. Senate Sponsor: Bond(D-Grayslake); House

Sponsor: Froehlich(D-Schaumberg).

SB 1602-State Government 3rd Party Contracts/Restrictions

The bill would impose conditions and limitations on State contracts with outside

entities. Current contracts would be exempted, as would future contracts that

are " substantially similar " to existing contracts. The bill has passed the

Senate and is now in the House. Senate Sponsor: Harmon(D-Oak Park); House

Sponsor: s(D-Woodstock).

SB 2366-$$DD Community Based Supports

Would appropriate $162,150,000 to the Department of Human Services in FY 2010

for certain community-based services to individuals with developmental

disabilities. Senate Sponsor: Garrett, (D-Highwood).

SJR 30 - Blueprint House Joint Resolution

Required that the state develop a 7-year plan to enhance and expand access to

quality community services and supports. Any increase in resources shall be

appropriated to services and supports consistent with the actions steps in the

plan.

Senate Sponsor: Steans, (D-Chicago)

Please click here to be removed from our list. If you still receive emails from

us in the future, please ensure it was not forwarded from another party or sent

to an email address that is different than the one asked to be removed. DO NOT

REPLY TO THIS EMAIL. Or write us at:

The Arc of Illinois

20901 S. LaGrange Rd. #209

fort, IL 60423