Bill Text: IL SB0558 | 2019-2020 | 101st General Assembly | Engrossed

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Bill Title: Provides that the Act may be referred to as the Illinois Health Care and Human Service Reform Act. Contains findings. Creates the Community Health Worker Certification and Reimbursement Act. Requires community health workers to be provided with specified training opportunities that lead to the mastery of community health worker core competencies. Creates the Illinois Community Health Worker Certification Board to serve as a regulatory body that develops and has oversight of initial community health workers certification and certification renewals for individuals and specified training programs. Provides that community health worker services shall be covered under the medical assistance program for persons who are otherwise eligible for medical assistance. Contains other provisions. Amends the Hospital Licensing Act regarding proper credentials and required certificates of medical staff and applicants. Amends the Illinois Health Finance Reform Act, Hospital Licensing Act, Language Assistance Services Act, Fair Patient Billing Act, Health Care Violence Prevention Act, Medical Patient Rights Act, Smoke Free Illinois Act, Abandoned Newborn Infant Protection Act, Crime Victims Compensation Act, and Human Trafficking Resource Center Notice Act regard providing notices and signs by electronic means and other matters. Amends the University of Illinois Hospital Act and the Hospital Licensing Act. Requires hospitals to provide N95 masks to physicians, registered nurses, advanced practice registered nurses, and other employees under specified circumstances. Amends the Illinois Public Aid Code to require the inpatient, per diem rate to be paid to all safety-net hospitals for inpatient psychiatric services on and after January 1, 2021 to be at least $630. Amends the Department of Professional Regulation Law to require a health care professional who has continuing education requirements to complete at least a one-hour course in training on implicit bias awareness per renewal period. Amends the Illinois Controlled Substances Act and the Methamphetamine Control and Community Protection Act. Makes various changes concerning limited immunity for persons who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an overdose. Makes changes concerning the Prescription Monitoring Program. Amends the Adult Protective Services Act by requiring the Department on Aging to develop and implement a dementia training program that must include instruction on the identification of people with dementia, risks such as wandering, communication impairments, elder abuse, and the best practices for interacting with people with dementia. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that all blood sugar testing materials are subject to the 1% reduced rate of tax (rather than urine testing materials for human use only). Creates the Underlying Causes of Crime and Violence Study Act. Provides that the Department of Public Health and the Department of Human Services shall study how to create a process to identify high violence communities, also known as R3 (Restore, Reinvest, and Renew) areas, and prioritize State dollars to go to these communities to fund programs as well as community and economic development projects that would address the underlying causes of crime and violence, and submit a report to the General Assembly. Amends the Illinois Public Aid Code by requiring updating of a Child Care Assistance Program Eligibility Calculator. Amends the Employee Sick Leave Act. Provides that personal care of certain family members is a permissible use of personal sick leave benefits. Amends the Nursing Home Care Act and the Hospital Licensing Act. Requires licensed long-term care facilities and hospitals to develop a policy for testing its water supply for Legionella bacteria. Amends the Child Care Act of 1969 to require licensed day care home providers, licensed group day care home providers, and licensed day care center directors and classroom staff to participate in at least one training that includes the topics of early childhood social emotional learning, infant and early childhood mental health, early childhood trauma, or adverse childhood experiences. Creates the Special Commission on Gynecologic Cancer Act. Creates the Special Commission on Gynecologic Cancers to study specified issues regarding gynecologic cancers in Illinois and submit a report to the General Assembly. Amends the Illinois Public Aid Code to provide that the State shall, subject to appropriation, create a pool of funding of at least $50,000,000 annually to be dispersed among safety-net hospitals that maintain perinatal designation from the Department of Public Health and the funding shall be used to preserve or enhance OB/GYN services or other specialty services at the receiving hospital. Creates the Racial Impact Note Act. Provides that every bill which has or could have a disparate impact on racial and ethnic minorities, upon the request of any member, shall have prepared for it, before second reading in the house of introduction, a brief explanatory statement or note that shall include a reliable estimate of the anticipated impact on those racial and ethnic minorities likely to be impacted by the bill. Specifies the contents and provides for the preparation of each racial impact note. Provides that no comment or opinion shall be included in the racial impact note with regard to the merits of the measure for which the racial impact note is prepared. Provides that the fact that a racial impact note is prepared for any bill shall not preclude or restrict the appearance before any committee of the General Assembly of any official or authorized employee of the responding agency or agencies, or any other impacted State agency, who desires to be heard in support of or in opposition to the measure. Amends the Department of Healthcare and Family Services Law. Provides that the Department of Healthcare and Family Services shall develop a program to encourage coordination between Federally Qualified Health Centers (FQHCs) and hospitals, including, but not limited to, safety-net hospitals, with the goal of increasing care coordination, managing chronic diseases, and addressing the social determinants of health on or before December 31, 2021. Also provides that the Department shall develop a payment methodology to allow FQHCs to provide care coordination services, including, but not limited to, chronic disease management and behavioral health services. Amends the Civil Administrative Code of Illinois. Makes changes regarding the Department of Public Health's State Health Assessment and State Health Improvement Plan and other matters. Creates the Health and Human Services Task Force and Study Act establishing the Health and Human Services Task Force to undertake a systematic review of health and human service departments and programs with the goal of improving health and human service outcomes for Illinois residents. Creates the Anti-Racism Commission Act, which establishes the Anti-Racism Commission to identify and propose statewide policies to eliminate systemic racism and advance equitable solutions for Black and Brown people in Illinois. Creates the Sickle Cell Prevention, Care, and Treatment Program Act. Requires the Department of Healthcare and Family Services to establish a grant program for the purpose of providing for the prevention, care, and treatment of sickle cell disease and for educational programs concerning the disease. Requires the Department to: (1) develop application criteria and standards of eligibility for groups or organizations that apply for funds under the program; and (2) make available grants to groups and organizations who meet the eligibility standards set by the Department. Provides that the highest priority for grants shall be accorded to established sickle cell disease community-based organizations, and priority shall be given to ensuring the establishment of sickle cell disease centers in underserved areas that have a higher population of sickle cell disease patients. Requires the Department to determine the maximum amount available for each grant; determine policies for the expiration and renewal of grants; require that all grant funds be used for the purpose of prevention, care, and treatment of sickle cell disease or for educational programs concerning the disease; and develop a sickle cell disease educational outreach program that includes the dissemination of educational materials to specified persons and institutions. Permits the Department to contract with an entity to implement the sickle cell disease educational outreach program. Requires the Department to conduct a study to determine the prevalence, impact, and needs of individuals with sickle cell disease and the sickle cell trait in Illinois. Contains other provisions. Amends the State Finance Act to include the Sickle Cell Chronic Disease Fund as a special fund. Amends the Illinois Health Facilities Planning Act. Changes the membership of the Health Facilities and Services Review Board. Makes changes regarding the Safety Net Impact Statement. Provides that, due to the COVID-19 pandemic, the State shall institute a moratorium on the closure of hospitals until December 31, 2023 and no hospital shall close or reduce capacity below the hospital's capacity as of January 1, 2020 before the end of the moratorium. Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall require managed care organizations (MCOs) to ensure that any provider under contract with an MCO on the date of service is paid for any medically necessary service rendered to any of the MCO's enrollees, regardless of inclusion on the MCO's published and publicly available roster of available providers. Makes other changes concerning claim submission requirements and other matters. Provides that the Department of Healthcare and Family Services, managed care organizations, a statewide organization representing hospitals, and a statewide organization representing safety-net hospitals shall explore ways to support billing departments in safety-net hospitals. Creates the Medicaid Managed Care Oversight Commission within the Department of Healthcare and Family Services to evaluate the effectiveness of Illinois' managed care program. Amends the State Finance Act. Creates the Managed Care Oversight Fund. Provides that available annual moneys in the Fund shall be used by the Department of Healthcare and Family Services to support contracting with women and minority-owned businesses as part of the Department's Business Enterprise Program requirements, and that the Department shall prioritize contracts for care coordination services, workforce development, and other services that support the Department's mission to promote health equity. Amends the Illinois Public Aid Code. Creates the Medicaid Business Opportunity Commission is created within the Department of Healthcare and Family Services to develop a program to support and grow minority, women, and persons with disability owned businesses. Provides that the Commission shall develop a recommendation on a Medicaid Business Opportunity Program. Sets forth other duties and requirements. Provides that the Department shall evaluate the effectiveness of the current reimbursement rate for inpatient hospital stays beyond medical necessity. Provides that specified doula services and evidence-based home visiting services shall be covered under the medical assistance program for persons who are otherwise eligible for medical assistance. Provides that the Department shall adopt rules, periodically assess the rates of reimbursement for perinatal doula and home visiting services, adjust rates accordingly, seek State plan amendments or waivers necessary to implement the new provisions, and secure federal financial participation for expenditures made in accordance with the new provisions. Makes other changes. Provides for the repeal of certain provisions. Effective immediately.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB0558 Detail]

Download: Illinois-2019-SB0558-Engrossed.html

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SB0558 Engrossed LRB101 04319 RLC 49327 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Food, Drug and Cosmetic Act is
amended by changing Section 17.2 as follows:
(410 ILCS 620/17.2)
Sec. 17.2. Cosmetic testing on animals.
(a) In this Section:
"Animal test" means the internal or external application of
a cosmetic, either in its final form or any ingredient thereof,
to the skin, eyes, or other body part of a live, nonhuman
vertebrate.
"Cosmetic" has the meaning provided in Section 2 of this
Act.
"Ingredient" means any component of a cosmetic product as
defined by Section 700.3 of Title 21 of the Code of Federal
Regulations.
"Manufacturer" means any person whose name appears on the
label of a cosmetic in package form under Section 701.12 of
Title 21 of the Code of Federal Regulations.
"Supplier" means any entity that supplies, directly or
through a third party, any ingredient used in the formulation
of a manufacturer's cosmetic.

SB0558 Engrossed - 2 - LRB101 04319 RLC 49327 b
(b) Notwithstanding any other law, it is unlawful for a
manufacturer to import for profit, sell, or offer for sale in
this State any cosmetic, if the cosmetic was developed or
manufactured using an animal test that was conducted or
contracted by the manufacturer, or any supplier of the
manufacturer, on or after January 1, 2020.
(c) The prohibitions in subsection (b) do not apply to the
following:
(1) An animal test of any cosmetic that is required by
a federal or State regulatory authority, if each of the
following apply:
(A) an ingredient is in wide use and cannot be
replaced by another ingredient capable of performing a
similar function;
(B) a specific human health problem is
substantiated and the need to conduct animal tests is
justified and supported by a detailed research
protocol proposed as the basis for the evaluation; and
(C) there is not a nonanimal alternative method
accepted for the relevant endpoint by the relevant
federal or State regulatory authority.
(2) An animal test that was conducted to comply with a
requirement of a foreign regulatory authority, if no
evidence derived from the test was relied upon to
substantiate the safety of the cosmetic being sold in
Illinois by the manufacturer.

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(3) An animal test that was conducted on any product or
ingredient subject to the requirements of Subchapter V of
the Federal Food, Drug, and Cosmetic Act.
(4) An animal test that was conducted for noncosmetic
purposes in response to a requirement of a federal, State,
or foreign regulatory authority, if no evidence derived
from the test was relied upon by the manufacturer to
substantiate the safety of the cosmetic sold within this
State, unless both of the following apply:
(A) there is documented evidence of the
noncosmetic intent of the test; and
(B) there is a history of use of the ingredient
outside of cosmetics at least 12 months prior to the
test being conducted. to substantiate the safety of the
cosmetic sold in Illinois by the manufacturer. A
manufacturer is not prohibited from reviewing,
assessing, or retaining evidence from an animal test
conducted under this paragraph.
(d) A violation of this Section shall be punishable by an
initial civil penalty of $5,000 for the first day of each
violation and an additional civil penalty of $1,000 for each
day the violation continues.
(e) A violation of this Section may be enforced by the
State's Attorney of the county in which the violation occurred.
The civil penalty shall be paid to the entity that is
authorized to bring the action.

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(f) A State's Attorney may, upon a determination that there
is a reasonable likelihood of a violation of this Section,
review the testing data upon which a cosmetic manufacturer has
relied in the development or manufacturing of the relevant
cosmetic product sold in this State. Information provided under
this Section shall be protected as a trade secret as defined in
Section 2 of the Illinois Trade Secrets Act. In an action under
this Section, a court shall preserve the secrecy of an alleged
trade secret by reasonable means, which may include granting
protective orders in connection with discovery proceedings,
holding in-camera hearings, sealing the records of the action,
and ordering any person involved in the litigation not to
disclose an alleged trade secret without prior court approval.
Consistent with the procedures described in this subsection, a
State's Attorney shall enter a protective order with a
manufacturer before receipt of information from a manufacturer
under this Section, and shall take other appropriate measures
necessary to preserve the confidentiality of information
provided under this Section.
(g) This Section does not apply to:
(1) animal testing conducted on an ingredient or
cosmetic in its final form if the testing took place prior
to the effective date of this amendatory Act of the 101st
General Assembly; or
(2) a manufacturer reviewing, assessing, or retaining
information, data, or evidence obtained from animal

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testing. This Section does not apply to animal testing
conducted on an ingredient or cosmetic in its final form if
the testing took place prior to the effective date of this
amendatory Act of the 101st General Assembly.
(h) Notwithstanding any other provision of this Section,
cosmetic inventory in violation of this Section may be sold on
or before June 1, 2020 for a period of 180 days.
(i) A home rule unit may not regulate the testing of
cosmetics on animals in a manner inconsistent with the
regulation by the State of the testing of cosmetics on animals
under this Section. This subsection is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
(Source: P.A. 101-303, eff. 8-9-19.)