New Illinois Laws 2019: Health and Human Services

Change of Name Publication, Gender Transitions (SB 00574) - Waives the notice requirement for someone changing their name if the individual is changing their name in conjunction with treatment for a intersexed condition or for the purpose of gender transition.

Unused Medications (HB 01338) - Redefines "unused medication" to include both liquid form and suspensions to the list of other types of unused medications.

Fertility Preservation Services (HB 02617) - Requires insurers to provide coverage for medically necessary expenses for standard fertility preservation services when a necessary medical treatment may directly or indirectly cause iatrogenic infertility to an enrollee.

Workplace Stalking and Harassment (SB 02826) - Expands coverage of Illinois Human Rights Act and gives victims of workplace stalking and harassment further protections by creating provisions such as a reasonable, unpaid leave for court dates.

Frail Individuals Visitation (HB 04309) - Creates the Frail Individual Family Visitation Act allowing people to petition courts for visitation when a caregiver has refused to let them see their frail family member and requires caregivers to notify the individual’s family of hospitalizations and relocations.

Trafficking Resource Notices (HB 04340) - Requires massage establishments, organizers of public events that require a permit, and all primary and secondary schools to post notices informing employees and other members of the public of a helpline to assist any person who is subject to human trafficking.

Dense Breast Tissue Notification (HB 04392) - Requires every provider of mammography services to notify a patient if they have dense breast tissue.

Nursing Home Vaccines (HB 04440) - Requires the Department of Public Health to provide all nursing home facilities with educational information on all vaccines recommended by the CDC.

Healthy Local Food Incentive Sunset (HB 04568) - Deletes the June 30, 2019 sunset for the Healthy Local Food Incentives Program.

Adults With Disabilities Guardianship (HB 04686) - Prohibits an employee of an agency directly providing residential services to a ward of the state from serving as guardian over the ward.

Medically Fragile Children (HB 04736) - Prohibits DHFS from requiring enrollment in the state's managed care medical assistance program for children on Medicaid through any home- and community-based waiver for medically fragile and technology-dependent persons or children receiving in-home shift nursing services.

Stage 4 Cancer Treatment (HB 04821) - Prohibits insurers from imposing step therapy upon drugs treating stage 4 cancers.

Aging Adult Protective Service (HB 04847) - Allows Adult Protective Services (APS) to investigate claims of abuse, neglect or financial exploitation (ANE) for adults who reside in assisted care facilities if the suspected abuser is a non-employee, including family members, and, the abuse occurs outside of the facility.

Probate Multiple Guardianships (HB 04867) - Prohibits a court from appointing an individual the guardian/person/estate of an adult with disabilities until the potential guardian discloses the number of adults the person already has guardianship over.

Wards of the State (HB 04887) - Requires the Illinois Department of Children and Family Services to assist a youth in care in identifying and obtaining documents necessary to function as an independent adult prior to the closure of the youth's case to terminate wardship.

Birth Record Fees (HB 04909) - Allows birth record fees to be waived for children who were in youth care until they reach age 27.

Health Care Services Lien (HB 04911)- Amends the Health Care Services Lien Act to authorize ambulatory surgical treatment facilities (“ASTF”) to place a lien on any damages that may be paid to a patient for the injury necessitating the ASTF’s treatment of that patient.

Worker’s Comp Act-Shoulder Injuries (HB 05070) - Amends the Telehealth Act to include clinicians licensed to provide medical services under Illinois law in the definition of "health care professional."

Community Behavioral Health Care (HB 05109) - Provides loan repayment assistance to mental health professionals who practice in under-served or rural, federally designated Mental Health Professional Shortage Areas.

Juvenile Justice History (HB 05257) - Requires the Illinois Department of Children and Family Services to provide a minor's guardian ad litem or a minor's appointed attorney with a copy of each significant event report.

Recovery Residences (HB 05288) - Requires the Department of Human Services to develop and maintain an online voluntary registry for recovery residences that operate in Illinois to serve as a referral resource for individuals seeking continued recovery assistance.

Telehealth Services (HB 05351) - Telehealth policies must provide coverage for licensed dietitian nutritionists and certified diabetes educators to counsel senior diabetes patients in patients' homes to remove the hurdle of transportation for patients to receive treatment.

Substance Use Disorder Act (HB 04795) - Changes the Alcoholism and Other Drug Abuse and Dependency Act and renames it to the Substance Use Disorder Act. It also renames the Division of Alcoholism and Substance Abuse to the Division of Substance Use Prevention and Recovery.

Guardianship and Advocacy (HB 05558) - Amends the Mental Health and Developmental Disabilities Code and requires every mental health or developmental disabilities facility to post in public areas the contact information for the Guardianship and Advocacy Commission (GAC) and the agency designated by the Governor.

Designated Agency Visits (HB 05636) - Requires Equip for Equality to submit to DHS an annual report to be made available to the public that includes the number of visits made by the designated agency to developmental disability facilities; which entities were visited; and the nature of each visit.

Jury Duty Exemption-Lactation (HB 05745) - Amends the Jury Commission Act to provide that any mother nursing her child shall be excused from jury service upon request.

Residential Recovery Services (HB 05868) - Permits insurers to provide residential extended care services and support for people battling addiction.

Unfounded Child Abuse-Neglect Reports (SB 00293) - Requires the Department of Children and Family Services to maintain all unfounded reports for at least five years following the date of the final finding.

Mental Health and Addiction Treatment(SB 01707) - Strengthens enforcement of mental health and addiction parity laws, which outlaw discrimination in the coverage of mental health and addiction treatment.

DIPG Awareness Day (SB 02254) - Designates May 17 of each year Diffuse Intrinsic Pontine Giloma (DIPG) Awareness Day.

Financial Records DHS/DHFS (SB 02385) - Creates a notarized form for applicants of Medicaid and LTC Medicaid to provide to financial institutions.

Aging Respite Care (SB 02469) - An annual report detailing the progress under the Respite Program Act must be submitted from the Director of the Department on Aging to the Governor and General Assembly.

Smoke Free-Civil Penalties (SB 02514) - Allows state law enforcement agencies to enforce the Smoke Free Illinois Act and changes all fines associated with violations to civil penalties.

DCFS Mandated Report (SB 02516) - Requires employers of mandated reporters to inform their employees of available mandated reporter training.

Disposal Unused Antibiotics (SB 02524) - Requires the Department of Public Health and the Illinois Emergency Management Agency to collaborate and recommend new state laws for the disposal of unused antibiotics and submit their recommendations to the General Assembly by January 2020.

Telehealth Act-Dentist (SB 02587) - Amends the Telehealth Act and adds dentists to list of healthcare professionals.

Dental Facility License (SB 02631) - Changes references to restricted faculty licenses to faculty licenses within the Dental Practice Act.