More than 200 new Illinois laws scheduled to take effect on Jan. 1. Here are the new laws governing Health and Human Services:
Cytomegalovirus Public Education Program (HB 184/PA 99-0424): Creates the Cytomegalovirus (CMV) public education program. The Department of Public Health will develop and publish informational materials regarding CMV for pregnant women or women who may become pregnant.
Dental Emergency Responder (SB 748/PA 99-0025 – Sen. Jason Barickman): Clarifies the certification of dentists that are qualified to respond to emergency situations. Changes name from “dental emergency responder” to “dental responder” in order to cover a dentist or dental hygienist who is appropriately certified in disaster preparedness, immunizations, and dental humanitarian medical response.
Down Syndrome Information and Awareness Act (HB 3158/PA 99-0142): Creates the Down Syndrome Information and Awareness Act, which requires the Department of Public Health to make available up-to-date, evidence-based written information about Down syndrome. The Department must make this information available to persons who render prenatal care, postnatal care, or genetic counseling to parents who receive a prenatal or postnatal diagnosis of Down syndrome.
Good Samaritan Dentists (SB 751/PA 99-0092): Gives Good Samaritan immunity from civil liability to dentists who provide flu vaccinations at public health clinics without charge or fee.
Good Samaritan Medical Clinic (SB 1498/PA 99-0042): Establishes that Good Samaritan immunity includes a program organized by a certified local health department utilizing health professional members of the Volunteer Medical Reserve Corp in the definition of free medical clinic.
Healthcare Account Program (SB 1383/PA 99-0145): Creates the “Achieving a Better Life Experience” (ABLE) account program that is to be administered by the State Treasurer. This program would allow people with disabilities to establish accounts within the Treasurer’s Office to help with any future healthcare costs.
Healthcare Licensure Revocation (HB 1359/PA 99-0211): Provides guidelines for license revocation for healthcare workers who are found guilty of a healthcare related crime including Medicare and Medicaid fraud.
Hepatitis C Task Force (HB 1660/PA 99-0429): Extends the repeal date of the Hepatitis C Task Force from Jan. 1, 2016, to Jan. 1, 2017.
Hospice Medicine Transportation (SB 689/PA 99-0163 – Sen. Matt Murphy): Clarifies that an advanced practice nurse, practical nurse, or registered nurse who provides hospice or home health services to a person may lawfully possess controlled substances prescribed for the patient when acting as an agent for the patient.
Human Body and Organ Transfers (HB 4120/PA 99-0262): Authorizes the transport of a human dead body out of the state at the direction of a federally designated organ procurement organization for the purpose of organ or tissue donation without a permit for transportation signed by the local registrar.
Life-Saving Measures (SB 1466/PA 99-0319): Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois, the Nursing Home Care Act, the IDD/DD Community Care Act, the Emergency Medical Services (EMS) Systems Act, the Hospital Licensing Act, and the Health Care Surrogate Act. Deletes “DNR” from the title of the “DNR/POLST” form that outlines advance directives and life-sustaining care measures for a patient.
Long-Term Care Facility Monitoring (HB 2462/PA 99-0430): Allows for residents of long-term care facilities to use an audio or video surveillance system in his or her room at the resident’s expense. Residents are required to provide written consent for these monitors.
Managed Care Act (HB 2788/PA 99-0111): Adds the Accreditation Association of Ambulatory Healthcare to the list of approved accreditation authorities under the Managed Care and Patients’ Rights Acts.
Managed Care Translation/Interpretation Services (SB 1253/PA 99-0106): Requires managed care entities to develop a written language access policy to ensure language-appropriate services for populations with limited English proficiency.
Mental Health Grants (HB 3753/PA 99-0184): Authorizes Department on Aging to provide grants to public and private nonprofit entities for projects that demonstrate ways to integrate mental health services for older adults into primary healthcare settings.
MH/DD Record Disclosure (SB 818/PA 99-0028 – Sen. Chris Nybo): Requires records and communications made or created in the course of providing mental health or developmental disabilities services be protected from disclosure regardless of whether the records and communications are made or created in the course of a therapeutic relationship unless expressly provided for in statute.
Minority Businesses (SB 691/PA 99-0315): Requires health care facilities to develop a policy to encourage the participation of minority-owned, women-owned, veteran-owned, and small business enterprises in capital projects undertaken by the facility. Policies must be required six months after the effective date.
Music Therapy Practice Act (SB 1595/PA 99-0397): Creates the Music Therapy Licensing and Practice Act. Provides for licensure of music therapists by the Illinois Department of Financial and Professional Regulation and establishes the powers and duties of the Department, including rule making authority on the curriculum for music therapy, reviewing the qualifications of applicants for licenses, investigating alleged violations of the Act, conducting hearings on disciplinary and other matters, and establishing a schedule of fees for the administration and enforcement of the Act.
Pharmacists Alternative Pharmaceuticals (SB 455/PA 99-0200): Allows pharmacists to provide alternative or bio-similar pharmaceuticals to patients.
Podiatry License (HB 2925/PA 99-0225): Provides for a three-year temporary license for podiatrists engaged in post graduate training and education.
Program Expansion (SB 1847/PA 99-0170): Increases income eligibility standards, primarily working families, for Supplemental Nutrition Assistance Program (SNAP) benefits. It does this by increasing the gross income limit for households that do not include an elderly, blind or disabled member from 130 percent to 165 percent of the federal poverty level. Subject to federal approval.
Retired Physician Information (SB 1205/PA 99-0330 – Sen. Jason Barickman): Provides for a retired physician to maintain his title as “Retired Physician” without having to provide detailed information an active physician must.
Right to Try Act (HB 1335/PA 99-0270 – Sen. Michael Connelly): Allows terminally ill patients to gain access to medical treatments that have not yet been approved for use by the general public.
Safeguarding Children (SB 1775/PA 99-0351): Requires a child under the care of the Department of Children and Family Services residing in a residential facility to be reported as missing when there is no contact between the child and facility employee within 12 hours and when the child is absent without prior approval. Requires the facility to record a Plan of Care for any child who plans to leave the facility for more than 24 hours, which contains specific information regarding the child’s planned location and return. Requires the residential facility operator to inform law enforcement the child is a ward of the Department of Children and Family Services, and direct law enforcement to convey that information to the LEADS “Miscellaneous” system within the missing person report.
Sexual Assault Medical Billing (HB 3848/PA 99-0454): Prohibits a hospital, health care professional, ambulance provider, laboratory, or pharmacy furnishing hospital emergency services, forensic services, transportation, or medication to a sexual assault survivor from directly billing the survivor. Requires hospitals to provide written notice about billing procedures to sexual assault survivors that are being treated in their facility.
Silver Search Task Force (SB 1846/PA 99-0322): Creates the Silver Search Task Force which, in conjunction with the Department of State Police shall develop a program and methodology for locating missing persons older than age 21 who are believed to have Alzheimer’s or related dementia.
Check Out More New Illinois Laws in 2016
Review ALL 237 new laws that take effect on Jan. 1:
