ARC LEGISLATION UPDATE
April 8, 2015
Phil Milsk, Arc Govermental Affairs Consultant
The following bills are listed in number order and not in order of importance or
priority. Please also consider that there are hundreds of “shell” bills pending in
both houses of the General Assembly. The chief sponsors’ names are indicated
HB 235(Fine)—Expands mandatory insurance coverage for dental care sedation
to individuals up to age 26 who have a developmental disability. Also expands
the treatment locations that must be covered to include dentist’s and oral surgeon’s
offices. This bill is on 2nd Reading in the House. Arc strongly supports.
HB 317(Madigan,Steans)—Makes reductions and other changes to FY 2015
appropriations to address shortfalls in the enacted FY 2015 budget. Public Act
99-0001, effective 3/27/15.
HB 318(Madigan, Steans)—Contains special fund sweeps and other provisions to
address enacted FY 2015 budget shortfalls. Public Act 99-0002, effective 3/27/15.
HB 2462(G. Harris)—Creates the Authorized Electronic Monitoring in Long-Term
Care Facilities Act. Allows for the consensual electronic monitoring of a
resident’s room in an ICF-DD of 30 beds or more, licensed long-term care for
under 22 facility, or a facility licensed under the Nursing Home Care Act. The bill
is on 2nd Reading in the House.
HB 2483(Chapa Lavia, Holmes)—Amends a section of the Public Aid Code that
makes it a Class C Misdemeanor for any person or entity to assist or represent
another person in completing or submitting an application for benefits under SNAP,
AABD or TANF in exchange for a portion of the applicant’s benefits or for cash or
any other form of payment. Provides that an applicant can use the services of a
non-profit organization, licensed attorney, or any other authorized organization or
agency that receives State or federal funding to assist a person in the preparation
of an application for SNAP, AABD or TANF, or to appeal a denial of an application.
Passed the House 114-0 on 3/19/15. Referred to Senate Assignments.
HB 2497(Ford)—Authorizes DHFS in cooperation with DHS and the Secretary of
State to study the feasibility and possible cost savings of permitting Medicaid
recipients to use a valid State ID card issued by the Secretary of State in place of
a separate Medicaid card to obtain benefits. The bill is on 3rd Reading in the
HB 2512(Zalewski)—Arc of Illinois bill to create a task force to study the treatment
of individuals with disabilities in the criminal justice system. Defines the
membership of the task force and its responsibilities. The bill advanced out of
committee and is on 2nd Reading in the House.
HB 2731(Hernandez)—Requires DHFS to publish monthly reports on its website
of the enrollment of persons on Medicaid and those who are enrolled with
managed care entities including MCOs, MCCNs, ACEs or CCEs contracted with
the Department. The posted information shall include total number enrolled,
number of children, number of parents and caretakers of minor children, number
of pregnant women, number of seniors and number of persons with disabilities.
Requires other information to be posted. Amendment #1 allows DHFS until
January 1, 2017, to begin posting the information. The bill is on 2nd Reading in
HB 2755(Golar)—Creates the MC/DD Act. The bill removes long-term care
facilities for persons under age 22 from the ID/DD Community Care Act and
places them under the new MC(Medically Complex) DD Act. After the effective
date of the Act, such facilities will be licensed under the MC/DD Act. Contains
other provisions and requirements regarding MC/DD facilities. Effective date is
July 1, 2015. The bill is on 2nd Reading in the House.
HB 2812(C.Mitchell)—This bill amends the Medicaid Article of the Public Aid Code
concerning the disclosure by Medicaid Managed Care entities of sensitive patient
information, including billing statements and explanation of benefits, to any person
other than providers and care coordinators caring for the patient and to employees
of the managed care entity in the course of the entity’s internal operations.
Provides that sensitive information may not be disclosed if the patient requests
and authorizes disclosure. Sensitive information is defined as mental health
services, substance abuse treatment services, reproductive health services, family
planning services, services for sexually transmitted infections and sexually
transmitted diseases, and services for sexual assault or domestic abuse. The term
“services” includes prevention, screening, consultation, examination, treatment, or
follow-up. The bill requires HFS to develop policy in regarding to the disclosure of
sensitive information. The bill is on 2nd Reading in the House.
HB 3123(Pritchard)—Amends a section of the School Code regarding the
allowable duties of school (guidance) counselors. Would allow them to provide
some services to students with disabilities that exceed the duties of counselors
allowed under IDEA. House 2nd Reading.
HB 3158(Gabel)—This is an Arc of Illinois bill we are working on with parent-
advocates for Down Syndrome. It requires the Department of Public Health to
disseminate information regarding Down Syndrome to parents and health care
providers and encourages health care providers to provide such information to
parents. The information is already available through national organizations and
clearinghouses so IDPH would essentially be posting links on its web site.
House 3rd Reading. (NOTE: SB 987 SA#1(Radogno) is essentially the same
bill and is on 2nd Reading in the Senate).
HB 3255(Gabel)—Provides for DHS rate increases so that direct care staff
wages would be no lower than $13/hour by July 1, 2017. Re-referred to House
HB 3374(Bellock)—Amends the Environmental Barriers Act to push back one
year to January 1, 2017, the date by which the Capital Development Board shall
adopt and publish an updated Illinois Accessibility Code and begin to update its
accessibility standards if ADA Standards for Accessible Design are updated by
that time. House, 2nd Reading.
HB 3845(Sims)—Inititative of the Chicago Bar Association and a group of SSI
and Social Security claimants’ attorneys. It would amend the Code of Civil
Procedure to limit charges for patient records to $20 if requested in connection
with a claim or appeal under any provision of the Social Security Act. The $20
limit expires in 5 years. Provides that no fee for reproducing records shall be
charged if requested in support of an application for Social Security old-age,
survivors, and disability insurance benefits and SSI for the aged, blind or
disabled. House, 2nd Reading.
HB 3981(Gabel)—Creates the 21st Century Human Services Reorganization
Commission Act. Establishes a new commission to review and make
recommendations regarding the reorganization and simplification of human
services. House, 3rd Reading.
HB 4049(Cabello)—Makes changes to various laws to remove certain
outdated terminology and replace it with “persons with disabilities”. House,
HB 4096(Feigenholtz)—Redefines eligibility for the Individual Care Grant
program. Removes the requirement that the individual must be diagnosed with
a psychosis. House, 2nd Reading.
HB 4107(Wehrli)—Would repeal section 3c of the Disabled Persons Rehabilitation
Act, which currently requires DHS to enter into contracts with public and private
agencies for the establishment of Lekoteks. House, 2nd Reading.
SB 12(Hunter)—Requires DHS, Department on Aging, DCFS and DHFS to adjust
rates and fully compensate providers and vendors to account for mandated
increases in the State minimum wage and any increased payroll taxes required of
providers or vendors contracting with the departments. Senate, 3rd Reading.
SB 343(Steans)—Amends the Medicaid article of the Public Aid Code. Requires
DHFS to offer children with complex medical needs the choice, along with other
available managed care entitities, of enrollment in a coordinated care entity
(CCE), where available. Defines CCE. Children who are enrolled in the
Medically Fragile Technology Dependent Waiver and others may be excluded
from the CCE option. Provides that parents shall be notified of the CCE option
and how to elect it. Senate, 2nd Reading.
SB 788(Steans, G. Harris)—Similar bill to HB 2731. Passed the Senate 52-0.
SB 836(Sullivan)—Revises various provisions of the FOID Card Act and the
MH/DD Code regarding reporting individuals with ID/DD to the Illinois State Police.
Revises the definition of “developmental disability” for purposes of reporting.
Creates an appeal process if someone with ID or DD is denied a FOID card and
allows them to request relief if they have evidence from a qualified examiner that
they have a mild ID or DD. Senate, 3rd Reading.
SB 1383(Bennett)—Creates the ABLE Account program under the State
Treasurer’s office. Senate 2nd Reading.
SB 1549(Cunningham)—Amends the Illinois Income Tax Act to create an income
tax checkoff to allow taxpayers to make contributions to Special Olympics Illinois
and Special Children’s Charities for taxable years beginning January 1, 2015.
Senate, 3rd Reading.
SB 1604(McCarter)—The bill would prohibit the State Board of Education from
establishing rules setting special education class size limits and general
education class ratios of students with and without IEPs. Assigned to a
Subcommittee on Special Issues of the Senate Education Committee.
SB 1728(Steans)—Moves the Interagency Committee on Employees with
Disabilities under the Illinois Human Rights Act. Makes changes regarding the
membership of the Committee and provides the purposes and functions of the
Committee. Senate 3rd Reading.
SB 1729(Steans)—Current version is the same as SB 788. This is probably a
vehicle bill for another Medicaid initiative. Senate 2nd Reading.
SB 1754(Biss)—Same as HB 2812 concerning disclosure of information regarding
Medicaid sensitive services. Senate, 2nd Reading.
SB 1822(Steans)—Direct care staff wage increase bill. (See, HB 3255). Assigned
to Senate Appropriations I Committee.
SB 1893(Righter)—Repeals the Lekoteks program (see HB 4107). Senate, 3rd
SR 88(Lightford)—Encourages the State Board of Education to work with school
districts to inform all students with developmental disabilities and their parents
about PUNS. Encourages local school districts to direct parents and students to
the PUNS website for information annually during the IEP process. Assigned to the
Senate Education Committee.
HR 344(Gabel)—Expresses opposition to the change in the DON score minimum
threshold from 29 to 37. Urges the Governor and DHS to withdraw plans to
amend the Medicaid State Plan to change the DON score requirements. Filed
Tony Paulauski Executive Director
The Arc of Illinois
20901 S. LaGrange Rd. Suite 209
Frankfort, IL 60423