2007 Legislative Update: Illinois General Assembly Passes Key HIV/AIDS Legislation, Negotiations Continue
SPRINGFIELD, IL (June 13, 2007) —The AIDS Foundation of Chicago (AFC) monitored and responded to 50 legislative measures this year, including nearly a dozen bills pertaining to HIV testing. Key legislative accomplishments this year include updated provisions governing the offer of voluntary HIV testing, the creation of a new lottery game to finance community-based HIV prevention and care services, and expansion of Illinois’ Medicaid buy-in program for people with disabilities. The legislature began its overtime session June 1 to finalize the state budget for the fiscal year beginning July 1, 2007. AFC will continue to monitor legislative activities, including action by Governor Rod Blagojevich on legislation cleared by both chambers. The list of bills AFC monitored and responded to this session follows below. For complete information on each bill, including a list of co-sponsors and the bill text, please click on the bill number or visit the Illinois General Assembly.
Stay tuned to AFC’s Statewide Advocacy Network for the latest HIV/AIDS policy news in Illinois. Join the network at www.aidschicago.org.
Key: HB=House Bill; SB=Senate Bill; HR=House Resolution; SR=Senate Resolution; **Important legislation of note.
HIV TESTING
Expanding Voluntary HIV Testing in Healthcare Settings / HB1286 (House Sponsor: Rep. Greg Harris, D-Chicago.)
AFC Position: Support
Issue: As many as 10,000 people in Illinois are unaware that they are infected with HIV. This represents about one-quarter of the 40,000 people living with HIV/AIDS in the state. Because they do not know they are infected, they are unable to access life-extending medical care and medication. This bill directs the Department of Public Health to develop a grants program to expand the offer of voluntary HIV testing in healthcare settings most likely to reach individuals with undiagnosed HIV infection. In addition, the measure would encourage health facilities to combine consent for HIV testing into their general medical care consent form. This bill is an initiative of the AIDS Foundation of Chicago and partners. After the bill did not advance in the Senate, key provisions were amended to SB 929. AFC and partners continue to call for a $2 million appropriation in the FY 08 state budget to expand HIV testing in health facilities.
Status:
The bill passed the full House 110-2 on April 20, 2007. It was not called for a vote in the Senate
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** Routine HIV Testing/ SB 929 (House Sponsor: Rep. La Shawn Ford, D-Chicago. Senate Sponsor, Sen. Carol Ronen, D-Chicago.)
AFC Position: Support
Issue: This bill (formerly HB 980) represents the most significant change to Illinois testing law in the past decade. House Sponsor Rep. LaShawn K. Ford (D-Chicago) agreed to legislative language developed by the Illinois Department of Public Health (IPDH) and several other groups, including the AIDS Foundation of Chicago, for his HIV testing bill. The final bill preserves important patient protections — including testing only with informed consent and critical pre-test information, and the right to refuse testing — while fulfilling the U.S. Centers for Disease Control and Prevention’s call for streamlined, routine HIV testing. The bill allows verbal or written informed consent for HIV testing. Key provisions of HB 1286 (see above) were added to the bill, including the requirement that medical providers refer individuals diagnosed as HIV-positive to medical care. The bill also requires IDPH to take steps to implement expanded HIV testing. An extensive summary is online.
Status: This bill started as HB 980, which passed the House unanimously on May 17, 2007. For procedural reasons, the text of HB 980 was amended onto SB 929, which passed the Senate on May 24 and passed the House on June 1. The bill awaits the Governor’s signature.
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Mandated HIV Testing During School Health Examination / HB 193, HB1340, HB1341 (House Sponsor: Rep. Mary Flowers, D-Chicago.)
AFC Position: Oppose
Issue: These bills require opt-out HIV testing for children during regular school health examinations necessary to enroll in kindergarden/1st grade, 5th grade, and 9th grade. Considering the extremely low number of cases among children, these bills would better serve the public interest by expanding age-appropriate and medically accurate HIV prevention education in all grades K-12. Several amendments were offered that would allow the Department of Public Health to require testing only for children at high risk of HIV.
Status: HB 193 was not called on the House floor for a vote. HB 1340 and HB 1341 were not called for a vote in House committees.
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Mandatory HIV Testing of Offenders / HB1634 and SB1505 (House Sponsor: Rep. Michael McAuliffe, R-Chicago; Senate Sponsor: Sen. James A. DeLeo, D-Chicago.)
AFC Position: Oppose
Issue: Mandates that any individual convicted of battery or aggravated battery undergo testing for HIV and other sexually transmitted diseases. Because by definition there is no exposure to bodily fluids when a battery or aggravated battery is committed, this is an unnecessary expansion of mandated HIV testing.
Status: HB 1634 and SB 1505 were not called for a vote in their respective committees.
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Mandated HIV Testing for Inmates / HB 231 (HB (House Sponsor: Rep. Mary Flowers, D-Chicago)
AFC Position: Neutral
Issue: Mandates HIV testing of Illinois prison inmates. AFC initially opposed the bill, but it was amended to remove mandated HIV testing and include current law provisions requiring voluntary HIV testing of inmates.
Status: The bill was not called for a vote by the full House.
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Mandated HIV Testing for Inmates / HB 546 (House Sponsor: Rep. Mary Flowers, D-Chicago.)
AFC Position: Oppose
Issue: The summary of this bill on the General Assembly website is incorrect. The bill mandates that all prisoners shall be tested for HIV during entry and exit from the system. AFC opposes all mandatory testing, which violate individuals’ civil rights and establish an adversarial relationship between public health and the individual tested. Mandated testing in prison can also lead to discrimination and violence against those identified as HIV-positive. Considering that voluntary HIV testing in prisons has increased by 475% since 2005, thanks to the African American HIV/AIDS Response Act, forced testing has proved unnecessary.
Status: The bill was never called for a vote by the House Human Services Committee.
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**Prenatal HIV Testing / HB1759 (House Sponsor: Rep. Mary Flowers, D-Chicago.)
AFC Position: Support
Issue: Directs healthcare professionals who treat pregnant women to provide opt-out, voluntary HIV counseling and testing unless the woman has already been tested during pregnancy or refuses in writing. AFC, AIDS Legal Council of Chicago, ACLU of Illinois, Pediatric AIDS Chicago Prevention Initiative, Chicago Department of Public Health, Illinois Hospital Association, Illinois State Medical Society, and Illinois Department of Public Health assisted Rep. Flowers in developing an amendment to the bill to ensure that pregnant women receive pre-test counseling and are informed of their right to refuse HIV testing.
Status: The bill passed the full House unanimously on April 20 and the Senate unanimously on May 17. It awaits the Governor’s signature.
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HIV PREVENTION
**“Quality of Life” Scratch-off Lottery Game / HB 315 and SB 774 (House Sponsor: Rep. Karen Yarbrough, D-Broadview; Senate Sponsor: Sen. Jacqueline Collins, D-Chicago.)
AFC Position: Support
Issue: Directs the Department of Revenue to create a “Quality of Life” scratch-off lottery game. Net revenue would be used to fund HIV prevention, care, research, and education via the Department of Public Health and through grants to other public or private organizations that serve populations at high-risk for HIV infection. View AFC’s fact sheet.
Status: HB 315 passed the full House on May 2, 66-49, but was not heard in the Senate. SB 774 passed the Senate 37-13 on May 9 and passed the House 69-44 on May 31. It awaits the Governor’s signature.
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Insurance Coverage of Post Exposure Prophylaxes / HB 385 (House Sponsor: Rep. Mary Flowers, D-Chicago.)
AFC Position: Support
Issue: Requires that insurers cover the cost of post-exposure prophylaxis to prevent HIV infection within 72 hours of an individual being exposed to HIV.
Status: The bill was not called for a vote by the House Health Care Availability and Accessibility Committee before the deadline.
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**Access to Condoms in Prison / HB 685, HB 686 (House Sponsor: Rep. Monique Davis, D-Chicago)
AFC Position: Support
Issue: Allows condoms to be purchased and possessed in prisons and directs the Department of Corrections to develop a plan for making condoms accessible to inmates. View testimony of AFC Director of Community Affairs Rev. Doris Green, a Chicago Tribune article, and a fact sheet here.
Status: HB 686 failed to advance out of the Judiciary II – Criminal Law Committee by a vote of 5-6, with 1 member voting present. HB 685 was not called for a vote in Committee.
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Computer Access Filters in Schools & Libraries / HB 1226 ( Sponsor: Rep. Patricia Bellock, R-Westmont; HB 1727 (House Sponsor: Kevin Joyce, D-Chicago. Senate Sponsor: Randall M. Hultgren, R-Wheaton)
AFC Position: Oppose
Issue: Requires all public K-8 schools to equip computers with software to filter sexually explicit materials. However, filtering software is imperfect and may block important health information.
Status: HB 1226 was not called for a vote in the House Elementary and Secondary Education Committee before the deadline. HB 1727 passed the House 63-51, with one member voting present, but did not advance in the Senate.
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Urge U.S. Congress to Pass the Microbicide Development Act / SR 129 (Senate Sponsor: Sen. Mattie Hunter, D-Chicago.)
AFC Position: Support
Issue: Urges the U.S. Congress to pass the Microbicide Development Act which would facilitate the development of microbicides for prevention of HIV and other diseases. Visit the microbicide page of AFC’s website for more information.
Status: This resolution passed the Senate unanimously.
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HEALTH CARE AND TREATMENT
**Illinois Covered Healthcare Expansion Act / SB 5 (Senate Sponsor: Sen. Donne E. Trotter, D-Chicago)
AFC Position: Support
Issue: Illinois Covered would extend affordable, comprehensive healthcare to many of the 1.4 million uninsured Illinoisans – including 20,000 people living with HIV/AIDS. The plan combines several approaches to increase coverage including expanding Medicaid and subsidizing private insurance premiums for individuals and employers. For more information, download AFC’s fact sheet or visit the Governor’s Illinois Covered website.
Status: The bill has not yet been called for a vote by the full Senate.
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**Health Benefits for Workers with Disabilities (HBWD) Expansion / HB1256 (House Sponsor: Sara Feigenholtz, D-Chicago. Senate Sponsor: Don Harmon, D-Oak Park)
AFC Position: Support
Issue: HBWD is a Medicaid buy-in program that allows people with disabilities to work, while maintaining access to affordable healthcare through Medicaid and a sliding-scale premium. HB1256 expands HBWD eligibility to include people earning 350% of the federal poverty level, or about $35,000 for individuals (current eligibility is200% or $20,000.) The bill increases the level of assets an eligible person can hold and exempts their retirement and medical savings accounts from calculations. This bill is supported by a coalition led by Health and Disabilities Advocates and AFC.
Status: The bill passed the House on March 22, and passed the Senate on May 16. It awaits the Governor’s signature.
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Drafting Error Correction for Medicare Beneficiaries with HIV/AIDS / HB1257 (House Sponsor: Rep. Sara Feigenholtz, D-Chicago. Senate Sponsor: Sen. Carol Ronen, D-Chicago)
AFC Position: Support
Issue: A drafting error in HB 4032 (now P.A. 94-0909) from the 2006 General Assembly session unintentionally excluded persons over 65 with HIV/AIDS from the program the law established, which coordinates the AIDS Drug Assistance Program and Medicare Part D drug program.
Status: The bill was passed by the House on March 22 and sent to the Senate. It has been assigned to the Senate Public Health Committee.
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AIDS Drug Assistance Program Funding Increase / HB 764 (House Sponsor: Rep. Harry Osterman, D-Chicago.)
AFC Position: Support
Issue: Appropriates an additional $1 million to the Department of Public Health for the AIDS Drug Assistance Program, which helps HIV-positive people obtain needed HIV-related medications.
Status: The bill was not called for a vote in House Appropriations-Human Services Committee by the deadline.
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**Human Papillomavirus (HPV) Prevention / SB 937 (Senate Sponsor: Sen. Debbie DeFrancesco Halvorson, D-Chicago Heights. House Sponsor: Rep. Beth Coulson, D-Glenview)
AFC Position: Support
Issue: Requires Illinois insurance companies to cover vaccination for HPV, a sexually transmitted infection that is linked to cervical cancer. IDPH is required to provide HPV vaccine educational materials to all girls entering the 6th grade.
Status: The bill passed the Senate 40-15 on March 30, and passed the House unanimously on May 29. The bill awaits the Governor’s signature.
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**Supplemental Medicare Coverage for People with Disabilities / SB 873 (Senate Sponsor: Sen. M. Maggie Crotty, D-Oak Forest; House Sponsor: Rep. Elaine Nekritz, D-Des Plaines.)
AFC Position: Support
Issue: Requires Medicare supplemental insurance plans to be offered to people under 65 who qualify for Medicare due to disability, including people living with HIV/AIDS, at the same price charged to seniors. Currently, disabled people under 65 must pay significantly higher rates for Medicare supplemental insurance plans. This bill will significantly expand access to more affordable supplemental insurance plans for disabled individuals under 65.
Status: The bill passed the Senate unanimously on May 29, passed the House unanimously on June 1, and awaits the Governor’s signature.
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School Health Center Act / SB 715 (Senate Sponsor: Donne Trotter, D-Chicago; House Sponsor Sara Feigenholtz, D-Chicago)
Issue: Requires the Department of Human Services to initiate 20 new school health centers over a 5-year period beginning July 1, 2007, and build capacity with existing school health centers in the state. School health centers provide critical health services, including medically accurate HIV and STD prevention services and information.
Status: SB 715 passed the House and the Senate on May 31, 2007 and awaits the Governor’s signature.
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Hospital Discriminatory Pricing Act / HB 684 (House Sponsor: Rep. Karen May, D-Highwood)
AFC Position: Support
Issue: Prohibits hospitals from charging uninsured patients more than the Medicare reimbursement rate. The bill also requires hospital bills to clearly display information on the rates charged.
Status: The bill was not called for a vote by the full House.
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Medicaid Coverage of Substance Abuse Services / HB 755 (House Sponsor: State Rep. Constance A. “Connie” Howard, D-Chicago.)
AFC Position: Support
Issue: Extends Medicaid coverage to include comprehensive substance abuse treatment for Medicaid beneficiaries.
Status: The bill was not called for a vote by the House Human Services Committee before the deadline.
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Health Facility Language Assistance / SB 544 (Senate Sponsor: Sen. William Delgado, D-Chicago.)
AFC Position: Support
Issue: The bill helps to ensure access to healthcare for limited-English and non-English speaking people, as well as deaf individuals.
Status: The bill passed the House and Senate and awaits the Governor's signature.
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Culturally Competent Healthcare Demonstration Program / HB1674 and SB 545 (House Sponsor: Rep. William Davis, D-East Hazel Crest. Senate Sponsor: Sen William Delgado, D-Chicago)
AFC Position: Support
Issue: Creates a program that will develop models for culturally competent healthcare practices aimed at reducing differences in the quality of healthcare received by minority and majority populations.
Status: HB 1674 was passed by the House on March 28 but did not advance in the Senate. SB 545 was passed unanimously by the Senate on March 15 and passed the House 106-9, with one member voting present, on May 31, and awaits the Governor’s signature.
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Health Data Task Force / SB 547 (Senate Sponsor: Sen. William Delgado, D-Chicago. House Sponsor: Rep. Julie Hamos, D-Evanston)
AFC Position: Support
Issue: Creates a task force to develop a linked data system to measure, analyze and report on the health of Illinois residents.
Status: The bill passed the Senate and the House unanimously and awaits the Governor's signature.
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Cultural Competency Training for Physicians / SB 558 (Senate Sponsor: Sen. Mattie Hunter, D-Chicago.)
AFC Position: Support
Issue: Requires medical schools in the state to include cultural competency training in their curriculums.
Status: The bill was not voted out of the Senate Licensed Activities Committee before the deadline.
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Medical Use of Cannabis / SB 650 (Senate Sponsor: Sen. John Cullerton, D-Chicago.)
AFC Position: Support
Issue: Allows for possession and use of cannabis by people diagnosed by a physician as having a debilitating medical condition, including HIV/AIDS.
Status: The bill failed in the Senate, 22-29, with four members voting present.
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CIVIL RIGHTS & PROTECTIONS
**Illinois Religious Freedom Protection and Civil Unions Act / HB 1826 (House Amendment No. 2) (House Sponsor: Rep. Greg Harris, D-Chicago)
AFC Position: Support
Issue: Creates civil unions in Illinois and extends full benefits and protections of marriage to couples entering civil unions. This bill is an initiative of the ACLU of Illinois and Equality Illinois.
Status: The bill has not yet been called for a vote by the full House.
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**Human Rights for People with Disabilities / SB 593 (Senate Sponsor: Sen. John Cullerton, D-Chicago.)
AFC Position: Support
Issue: Makes it a civil rights violation to deny or refuse a person with a disability full and equal enjoyment of goods of any public place or accommodation. The bill also prohibits discrimination, including HIV-related discrimination in medical offices. AFC is actively supporting this bill in coalition with Health and Disability Advocates and ACLU of Illinois.
Status: The bill passed both chambers unanimously and awaits the Governor's signature.
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Illinois Human Rights Act – Income Discrimination / HB 225 (House Sponsor: Rep. Karen Yarbrough, D-Broadview)
AFC Position: Support
Issue: Makes it a civil rights violation for a property manager/landlord to discriminate against a prospective tenant because of that tenant’s source of lawful income.
Status: The bill was not called for a vote by the House Human Services Committee before the deadline.
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Grandparent Care / HB 551 and SB 466 (House Sponsor: Rep. Barbara Flynn Currie, D-Chicago. Senate Sponsor: Sen. Jacqueline Collins, D-Chicago)
AFC Position: Support
Issue: Develops and provides resources for grandparents of children formerly in DCFS custody to enable these grandparents to assume responsibility for the future care and custody of their grandchildren. This bill is an initiative of the Families’ and Children’s AIDS Network, an AFC partner.
Status: HB 551 was passed by the House on March 1, sent to the Senate, and assigned to the Senate Human Services Committee. SB 466 was not called for a vote by the Senate Human Services Committee before the deadline.
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Short-term Guardianship / SB 913 (Senate Sponsor: John Cullerton, D-Chicago. House Sponsor: Barbara Flynn Currie, D-Chicago.)
AFC Position: Support
Issue: Allows a child with a short-term guardian to establish residency at the short-term guardians’ home to allow the child to attend the local public school. Permanent guardianship must be established within one year (currently 60 days).
Status: Passed the House and Senate, and awaits the Governor’s signature.
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Continue Adoption Payments after an Adopted Parent’s Death / SB 68 (Senate Sponsor: Mike Jacobs, D-Moline; House Sponsor: Sara Feigenholtz, D-Chicago).
AFC Position: Support
Issue: Previously, adoption payments ceased upon the death of the parent of an adopted child. This legislation will allow those adoption payments to continue until the child’s new adoption is finalized. This bill will help children whose adopted parents are living with HIV/AIDS or other diseases.
Status: The bill passed the House on June 1, and awaits Senate approval of amendments made in the House.
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Earned Income Tax Credit / SB 338 and HB 556 (Senate Sponsor: Collins, D-Chicago. House Sponsor: Currie, D-Chicago)
AFC Position: Support
Issue: Removes a component of the Illinois Income Tax Act that makes Earned Income Tax Credit (EITC) refunds subject to availability of federal Temporary Aid to Needy Families Block Grant and the State’s requirement to meet its Maintenance of Effort. This means EITC refunds would be issued regardless of the status of these other fiscal issues.
Status: SB 338 passed both the House and the Senate and is headed to the Governor’s desk for signature. HB 556 passed the House unanimously but was not called for a vote in the Senate.
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Earned Income Tax Credit / HB 557 (House Sponsor: Currie, D-Chicago)
AFC Position: Support
Issue: Increases the amount of earned income tax credit from 5% of the federal tax credit to 20% of the federal tax credit over four years.
Status: The bill was not called for a vote by the House Revenue Committee before the deadline.
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Permanent Supportive Housing Funding / HB 728 and SB 445 (House Sponsor: Turner, D-Chicago; Senate Sponsor: Martinez, D-Chicago)
AFC Position: Support
Issue: Directs 20% of the money appropriated to the Affordable Housing Program Trust Fund to be used for crediting and preserving permanent supportive housing.
Status: HB 728 was not called for a vote by the House Revenue Committee before the deadline. SB 445 has not yet been called for a vote by the full Senate.
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Safe Homes Act Domestic Violence Amendment / SB 534 (Senate Sponsor: Raoul, D-Chicago)
AFC Position: Support
Issue: Authorizes tenants to request that landlords change the locks on the tenant’s apartment if the tenant is under imminent threat of domestic or sexual violence, including when the threat is from another lessee under the same lease.
Status: SB 534 passed both chambers unanimously and awaits the Governor’s signature.
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House Joint Resolution Urging Solution to Extreme Poverty / HJR 46 (House Sponsor: Rep. Will Davis, D-East Hazel Crest)
AFC Position: Support
Issue: The resolution recognizes the efforts of the Lieutenant Governor’s office to organize and facilitate public hearings on extreme poverty in Illinois and urges General Assembly members to participate.
Status: The resolution was adopted in the House on June 1, 2007.
