Phil Milsk, The Arc’s Governmental Affairs Consultant did a presentation on legislative
issues at the Executive Forum yesterday. Here is a copy of his written report.
The Arc Of Illinois LEGISLATIVE REPORT September 11, 2013
HB 206(FY 2013 Supplemental)
Supplemental appropriations bill for DHS, DHFS, Aging, Court of Claims and other agencies, including $220 million for DD services. Sponsors: House: Madigan Senate: Cullerton. Status: Signed into law on 6/5/13, Public Act 98-17.
HB 213(FY 2014 Appropriations for Human Services Agencies)
Makes FY 2014 appropriations for Department on Aging, DCFS, IL Council on
Developmental Disabilities, Deaf and Hard of Hearing Commission, Guardianship and
Advocacy Commission, Healthcare and Family Services, Human Rights Commission,
Department of Human Rights, DHS, Public Health, and Veterans’ Affairs. Includes 1% cut
in most grant lines with some lines held harmless, and cuts in operations. Sponsors: House:
Madigan Senate: Cullerton. Status: Public Act 98-27, Effective 7/1/13.
SB 26 (Medicaid Expansion Opt-In/SMHRFs/SMART Act Fixes)
This is a 596 page bill that covers various Medicaid and related matters. First, it opts Illinois
into the Affordable Care Act’s expansion of Medicaid to cover individuals aged 19-64 who are
not otherwise eligible under the current Medicaid program who have incomes at or below 133%
of the federal poverty level, plus a 5% income disregard as determined by federal rule (so,
essentially, at or below 138% of FPL). The June, 2012, US Supreme Court decision in NFIB v. Sebellius made this an “opt-in” instead of a federal mandate. This will allow low-
income childless adults to qualify for the “new Medicaid” at 100% federal match for the first 3
years. The health benefits package will be different than traditional Medicaid. The number of
eligible individuals has been estimated to be between 350,000 and 700,000. Many of these
individuals have undiagnosed disabilities and mental illness.
Another part of the bill contains some moderate fixes to the SMART Act enacted in 2012 which
made significant cuts in Medicaid and other health benefits. These include the following:
· Eliminates the eligibility income cap of 500% FPL for the medically fragile and
technology dependent children program.
· Regarding payment for bed reserves, provides that bed reserve payments to ICFDDs
are ceased for purposes of inpatient hospitalizations, except for residents under age 21.
(See p. 491)
· For adult dental care, defines “emergencies” as (1) dental services necessary for an
individual in order to clear the individual for a medical procedure such as a transplant,
(2) extractions and dentures necessary for a diabetic to receive proper nutrition, (3) extractions
and dentures necessary as a result of cancer treatment, (4) dental services necessary for the
health of a pregnant woman prior to the delivery of her baby.
· Limits the prior approval for wheelchair repairs to those costing more than $400 and requires
prior approval requests to be adjudicated within one business day of receipt of complete supporting documentation, but prohibits breaking repair estimates into separate claims for purposes of
staying under the $400 threshold.
· Makes equipment in addition to power wheelchairs subject to the “all discounts” rule for
cost allowance, such as manual wheelchairs, DME and supplies, and complex rehabilitation
technology products and services.
· Removes the prior approval requirement for anticonvulsant medications prescribed for
individuals with epilepsy or seizure disorder.
The bill also authorizes the licensure of Specialized Mental Health Rehabilitation Facilities or
SMHRFs. These are IMDs that were the subject of the Willams consent decree who want to
re-invent themselves to provide Medicaid matchable crisis, transition and rehabilitation services
to persons with serious mental illness. The late session inclusion of these facilities in the Medicaid
bill split the advocacy community support for the bill as many mental health advocacy groups pulled
off the bill. The majority of the bill’s language deals with SMHRFs, and it is our understanding that $60 million has been committed to SMHRFs in FY 2014 out of HFS’ medicaid budget. It should
be noted that IMDs have a $97 million line in the HFS budget, too.
Rules are currently being written by the Department of Public Health in conjunction with the
Governor’s Office and some interested parties such as the IMDs, nursing home industry, CBHA,
Wendy Meltzer, and Fred Friedman. It’s basically a closed door process right now.
There is language in the bill about comparable community services and some funding will be
made available for these services. That is part of the rules discussion.
HB 948(Transfer of Domestic Abuse and Neglect Reporting and Investigation to Department on Aging)
Contains the following elements:
· Creates a committee led by the Department on Aging to study the use of a centralized hotline.
· Makes Department on Aging the sole State agency to receive and disburse State and federal funds for providing adult protective services in a domestic living situation.
· Removes DHS/OIG from this process
· Creats a new Adult Protective Services Act to include adults with disabilities ages 18-59 living
in domestic situations. Does not include CILA or licensed community residential alternative.
· Makes employee of a DD services provider a mandated reporter of abuse, neglect or financial exploitation.
· Area agencies on aging will be the “provider agencies” under the bill.
Arc needs to carefully review this legislation and meet with Department on Aging to collaborate on implementation. Sponsors: House: G. Harris Senate: Haine
Status: Public Act 98-49, Effective 7/1/13 in part, 1/1/14 in other parts.
HB 2591(Employment First)
Arc bill that creates the Illinois Employment First Act. Provides that the policy of the State is that competitive and integrated employment be considered the first option when serving persons with disabilities of working age. Requires that all State agencies follow this policy and ensure that it is effectively implemented. The term “state agency” is broadly defined.
Requires all state agencies to collaborate to ensure compliance. Makes the Employment and Economic Opportunities for Persons with Disabilities Task Force responsible for developing measurable goals
and objectives for the State to ensure implementation of the Act and to monitor progress. Provides
that the Task Force shall include a progress report on implementation of the Act in its annual
report. Effective upon becoming law.
The Task Force is currently working with the Governor’s office on the language of an Executive
Order that will add some detail regarding State agency collaboration and implementation of the
bill. The Task Force meets again on 9/12/13.
Sponsors: House: Golar Senate: Biss Status: Public Act 98-91, effective 7/16/13.
House Resolution urging the Governor not to close the Murray Developmental Center and not
to transfer individuals out of Murray until DHS completes a study of the transition of individuals
out of the Jacksonville Developmental Center. The resolution was adopted by the House on
May 31, 2013. MENTAL HEALTH
HB 1017(Mental Health Confidentiality)
Initiative of the Governor’s Office of Health Information Technology. Broadens the authority of providers of medical care and behavioral healthcare services to disclosure behavioral health patient information within health information exchanges (HIEs) without patient consent. Gives patients the right to opt out of disclosure. Sponsors: House: Feigenholtz Senate: Steans.
Status: Public Act 98-378, effective 8/16/13.
SB 1550 (Transition Plans/Independent Living Goals)
Arc bill that amends the School Code to require (rather than to allow, as appropriate) each
student with a transition plan to have at least one goal regarding independent living skills.
Transition goals must be assessment based and tailored to the unique needs of the student.
Effective upon becoming law.
Sponsors: Senate: Radogno House: Sandack Status: Public Act 98-517, effective 8/22/13.
HB 1288 (Special Education/Procedural Safeguards)
This bill amends the School Code in regard to students with disabilities by: (1) Allowing a parent
to invoke the stay-put placement rule by requesting mediation (currently limited to the filing of a
due process hearing request); (2) Requiring that the responding party to a State Complaint filed
with the State Board of Education by a parent provide the parent with the response and supporting documentation (currently a parent must file a FOIA request with the State Board of Education to
obtain these documents), and (3) Removes obsolete provisions from the Code providing for a stay
of a due process hearing officer’s order if a civil action is filed within 30 days of the date of the
order. Effective upon becoming law.
Sponsors: House: Gabel Senate: Kotowski Status: Public Act 98-383, effective 8/16/13.
HB 1446 (Special Education/IEP Implementation Timeline)
Corrects an inconsistency between IDEA, the School Code and State Board of Education rules by providing that a child’s new or revised IEP must be implemented within 10 school attendance days
of the date the parent is sent written notice of the IEP or IEP changes. Effective upon becoming law.
Sponsors: House: Willis Senate: Cunningham. Status: Public Act 98-219, effective 8/9/13.
EARLY INTERVENTION SERVICES
SB 626 (Aligns Act with Federal Regulations)
This is DHS’ bill to ensure that Illinois’ EI Act is aligned with the most recent Federal regulations amendments so that Illinois’ $17 million in federal funding is not in jeopardy. Effective immediately. Sponsors: Senate: Hunter House: Feigenholtz. Status: Public Act 98-41, Effective 6/28/13.
CONCEALED CARRY OF FIREARMS
HB 183(Concealed Carry Licensure)
This legislation is an attempt to comply with a directive from the federal 7th Circuit Court of
Appeals by a June 9th deadline that Illinois pass a concealed carry law. The bill outlines licensure
and training requirements and also provides that certain locations and facilities where concealed
carry is prohibited. Sponsors: House: Phelps Senate: Forby
Status: Governor’s Amendatory Veto 7/2/13. Veto Override by both Houses 7/9/13.
Public Act 98-63, Effective 7/9/13.
House Human Services Committee Hearing on Integrated Care and the 4 Drug Limit Under Medicaid
Chairperson Gabel has scheduled a hearing on September 17, 2013, from 1:00 to 3:00 p.m. In
Room C600 of the Bilandic Building in Chicago. The Arc and a panel of parents will be given
time to testify about experiences under Phases I and II of the Integrated Care Program. The
Medicaid 4 prescription limit per month established under the SMART Act will also be discussed.
Murray Hearing on Closure
There will be a pubic hearing on the closing of the Murray Developmental Center on
October 9, 2013, 4:00 p.m., Centralia City Hall, 222 South Poplar, Centralia, IL.
Veto Session 2013
Is scheduled for October 22-24 and November 5-7. If pension reform in still pending, it will be
the most significant issue. There were 6 total vetoes and 2 amendatory vetoes issued this year.
Both houses have already voted to override one total veto and one amendatory veto. Among key issues will be pensions and freedom to marry.
New Chief of Staff for Governor
Jack Lavin is leaving the Governor’s office and Ryan Croke will be taking over as Chief of Staff.
Ryan has worked closely with the disability community as a deputy chief of staff. He has been
the Governor’s liaison to the Employment and Economic Opportunities for Persons with
Disabilities Task Force.
Tony Paulauski Executive Director
The Arc of Illinois
20901 S. LaGrange Rd. Suite 209
Frankfort, IL 60423