2006 LEGISLATIVE AGENDA

HEALTH CARE

Creates the Fair Patient Billing Act. Requires hospitals to give patients written notice that they may be eligible for financial assistance and provides contact information for the hospital financial assistance representative. Outlines information that must be contained in any bill a hospital sends a patient for health care services. Establishes a specific billing inquiry process that hospitals must implement. Provides conditions that must be met before a hospital may pursue a collection action against a patient. Outlines patient responsibilities as to billing and collection. Provides that notification must be given to insured patients concerning out-of-network providers. Provides for enforcement of the Act and civil penalties.

Status: P.A. 94-0885

(Scully-Schoenberg)

Creates the Tax-Exempt Hospital Responsibility Act. Sets forth the terms under which a hospital must provide full charity care and discounted care to Illinois residents in order to maintain the hospital's tax-exempt status under the Illinois Income Tax Act, the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, the Retailers' Occupation Tax Act, and the Property Tax Code; amends each of those tax Acts to provide that a hospital may qualify for an exemption from the tax imposed by the Act only if the hospital is in compliance with the Tax-Exempt Hospital Responsibility Act. Sets forth uniform procedures for a hospital's provision of charity care. Sets forth patient rights and responsibilities in connection with hospital charity care. Requires a tax-exempt hospital to furnish aggregate annual charity care in an amount equal to at least 8% of the hospital's total operating costs. Requires hospitals to submit an annual report to the Attorney General. Makes the Attorney General responsible for implementing and enforcing the Tax-Exempt Hospital Responsibility Act. Provides that a home rule unit may not regulate hospitals in a manner inconsistent with the Tax-Exempt Hospital Responsibility Act.

Status: House-Rules Committee

PROTECTING NURSING HOME RESIDENTS

Implements a process by which vulnerable nursing home residents will be better protected from sex offenders and other felons who reside within Illinois nursing homes. Requires that all current and prospective nursing home residents undergo a criminal background check.  Provides that if a resident has a qualifying conviction and is therefore an "identified offender" information is forwarded to the Illinois Department of Public Health, where staff conducts a criminal history analysis and advises the facility regarding whether and to what extent additional security measures are necessary because of the resident's criminal history.  R equires notices be posted within every licensed long term care facility advising residents, their families and staff that they have a right to ask whether there are identified offender residents within the facility. Requires annual reporting of the number of identified offenders who reside within Illinois nursing homes.   

Status: P.A. 94-0752

CONSUMER PROTECTION

(Collins-Colvin)

Creates the Mortgage Rescue Fraud Act.  Places requirements on Distressed Property Consultants and Distressed Property Purchasers in order protect homeowners from mortgage rescue fraud schemes.  Provides that distressed property consultants must provide homeowners with a written contract listing all services and contain ing a provision giving the homeowner the right to cancel the agreement at any time.  Provides that the consultant cannot receive any compensation until all services have been performed.  Implements consumer protections by requiring distressed property purchasers to provide homeowners with a written contract that lists the terms of the sale and clearly states that the home is being sold . Also requires that the contract contain a provision giv ing the homeowner the right to cancel the agreement for five business days after it is signed.  Provides that prior to sale, the purchaser must make a determination that the homeowner has the ability to make rental payments and to buy the home back.  Implements a requirement that the purchaser has the option to purchase the distressed property for less than 82% fair market value , if at the end of the agreement the homeowner is able to buy the home back as  promised. Requires that if the homeowner is unable to buy the home back, the purchaser must pay the homeowner no less than 82% of the home’s fair market value. Requires the purchaser to record the purchase contract with the county recorder of deeds, so that any subsequent purchaser is put on notice. Provides that a violation of this Act is a violation of the Consumer Fraud Act. Distressed property purchasers in violation of the Act are subject to criminal penalties as well.

Status: P.A. 94-0822

SEX OFFENDERS

Provides increased protections from sexual predators. Amends the Sexually Violent Persons (SVP) Act to require the Illinois Department of Corrections to notify the convicting state’s attorney’s office six months prior to consideration of a sex offender for SVP commitment. Clarifies the ongoing eligibility of repeat violent sex offenders for indefinite commitment. Ensures that no sex offender referred for commitment as an SVP should be released without a period of intensive supervision. Provides that an SVP’s parole starts when he is released from SVP confinement, not when he is referred for commitment.

Status: P.A. 94-0992

WHISTLEBLOWER PROTECTIONS

Amends the Whistleblower Reward and Protection Act. Provides that, where a subpoena requires the production of documentary material, the respondent shall produce the original of the documentary material, except that the Attorney General may agree that copies may be substituted for the originals. Requires that all documentary material kept or stored in electronic form, including electronic mail, shall be produced in hard copy, unless the Attorney General agrees that electronic versions may be substituted for the hard copy. Provides that the production of documentary material shall be made at the respondent's expense.