LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITY
March 8, 2013
The following are disability-related bills/issues pending in the Illinois General Assembly that are scheduled to be heard in committee the week of March 11, 2013:
NOTABLE BILLS/ ISSUES
House Elementary & Secondary Education Committee
March 13, 2013, 8:00 a.m.
Room D-1, Stratton Building
Springfield, IL
*HB 1288, chief sponsor, Representative Robyn Gabel
Amends 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. Provides that State complaint procedures may be used to allege non-compliance by a school district or other public entity with a decision of a due process hearing officer. 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 billprovides 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 allowsstudentsto 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.
House Judiciary Committee
March 13, 2013, 8:30 a.m.
Room C-1, Stratton Building
Springfield, IL
*HB 2338, chief sponsor, Representative Michael J. Zalewski
Amends the Probate Act of 1975. Provides that a licensed clinical psychologist may sign
a report relating to the adjudication of disability when the evaluation is limited to the
respondent'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 thereport. However, neither the bill nor the Probate Act defines the term “mental condition”.
Equip for Equality is opposed to HB 2338.
ADDITIONAL BILLS/ ISSUES OF INTEREST
House Appropriations-Elementary & Secondary Education Committee
March 12, 2013, 3:00 P.M.
Room C-1,Stratton Building
Springfield, IL
SUBJECT MATTER: State Board of Education budget, Educational Labor Relations Board budget and General State Aid.
House Insurance Committee
March 12, 2013, 3:00 p.m.
Room 114, Capitol Building
Springfield, IL
*HB 1231, chief sponsor, Representative Dan Brady
Amends 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:
Equip for Equality supports HB 1231.
House Elementary & Secondary Education Committee
March 13, 2013, 8:00 a.m.
Room D-1, Stratton Building
Springfield, IL
SUBJECT MATTER: State Board of Education's Spring 2013 Waivers of School Code Mandates Report.
*HB 1058, chief sponsor, Representative Kenneth Dunkin
Amends the School Code and the Juvenile Court Act of 1987. Provides that as part of the
pupil 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 1373, chief sponsor, Representative Linda Chapa LaVia
Amends the Children with Disabilities Article of the School Code. Provides that a
medical 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 1446, chief sponsor, Representative Michael J. Zalewski
Amends the Children with Disabilities Article of the School Code. Replaces provisions
that specify when special education services shall be provided or the child must be placed in the appropriate program with provisions that require that special education and related services shall be provided in accordance with the student's IEP no later than 10 days after notice is provided to the parents pursuant to specified provisions of the Code of Federal Regulations and implementing rules adopted by the State Board of Education.
To read full text:
Equip for Equality supports HB 1446.
HB 2322, chief sponsor, Representative Linda Chapa LaVia
Amends 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 2931, chief sponsor, Representative Jeanne M. Ives
Amends 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 students with disabilities who are eligible under the federal Individuals with Disabilities Education Act and the Children with Disabilities Article of the Code and who are receiving transportation for curriculum-related activities as part of the student's individualized educational program.
To read full text:
HB 3053, chief sponsor, Representative Emily McAsey
Amends 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:
House Health Care Licenses Committee
March 13, 2013, 8:30 a.m.
Room 413, Stratton Building
Springfield, IL
HB 66, HA 1, chief sponsor, Representative Andre M. Thapedi
Amends the Nursing Home Care Act. Provides that an owner or operator of a facility
shall purchase and maintain not less than $750,000 in liability insurance for each facility. Provides that no person may establish, own, or operate a facility in the State unless and until the person provides proof of liability insurance coverage to the Department of Public Health. Provides that the Department shall suspend or revoke the license or certificate of any facility whose owner or operator violates this requirement.
To read full text:
HB 2975, chief sponsor, Representative Camille Y. Lilly
Amends the Children with Disabilities Article of the School Code. In a Section concerning school psychological services, provides that nothing in the Section prohibits school social workers from providing those school psychological services listed for which they are appropriately trained. In a Section concerning school social work services, provides that school social worker services may include providing those school psychological services listed under the Section concerning school psychological services if the person is appropriately trained. Adds references to Professional Educator Licenses in these Sections.
To read full text:
House Human Services Committee
March 13, 2013, 8:30 a.m.
Room 114, Capitol Building
Springfield, IL
*HB 97, chief sponsor, Representative Charles E. Meier
Amends 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’sability 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 Mitchell
Amends 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.
*HB 948, chief sponsor, Representative Greg Harris
Repeals 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. 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. Cassidy
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that for
persons 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 it should be increased for all individuals with disabilities who receive such an allowance.
HB 1267, chief sponsor, Representative Joe Sosnowski
Amends 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 1340, chief sponsor, Representative Joe Sosnowski
Amends 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, licensed practical 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.
HB 1457, chief sponsor, Representative John E. Bradley
Amends the Nursing Home Care Act. Provides that to protect a resident’s funds, a facility
shall place any monthly allowance to which a resident is entitled in that resident's personal account, or give it to the resident, unless the facility has written authorization from the resident or the resident's guardian (now, the resident or the resident's guardian or if the resident is a minor, his parent) to handle it differently.
To read full text:
HB 1508, chief sponsor, Representative Dwight Kay
Amends 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 Brady
Amends 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.