GOVERNMENT AFFAIRS
------------Report
May 20th, 2022

This Week in Illinois
Please Join Us for a Fundraiser & Meet and Greet Honoring Supreme Court 2nd District Candidate Judge Daniel Shanes with Special Guest Justice Burke...
Illinois Population Undercounted in 2020 Census

Yesterday, the US Census Bureau released a report stating that the official 2020 count was off in 12 states including Illinois. Rather than being one of three to states to have a reduction in population, as was originally reported by the Bureau, Illinois gained 250,000 residents since 2010. With such an increase, Illinois' population would actually be just above 13 million for the first time in its history. However, this latest report from the Census Bureau will not replace the official 2020 data.

As of today, How this report will impact federal funding formulas is not yet determined.
Illinois Chamber Map Series: Chamber Releases New Video on Inflation

In this week's new addition to the Chamber map series, President and CEO Todd Maisch breaks down regional and metropolitan inflation trends and statistics.

Legislative Update: Bills of Interest Signed into Law

HB 1950, Hospital Assessment was signed into law. In a provision concerning safety-net hospitals, provides that beginning July 1, 2020 and ending on December 31, 2026, a hospital that would have qualified for the rate year beginning October 1, 2020 and was designated a federal rural referral center on October 1, 2020 shall be a Safety-Net Hospital. In provisions concerning hospital provider funding, provides that certain annual assessments on inpatient services and outpatient services shall be imposed on each hospital provider for calendar years 2021 through 2026 (rather than for calendar years 2021 and 2022). Makes changes to the definition of "Assessment Adjustment". Contains provisions concerning: (i) the applicable reimbursement factor from July 1, 2020 through December 31, 2022 and January 1, 2023 through December 31, 2026; and (ii) fee for-service supplemental payments beginning January 1, 2023. In a provision concerning the classification of Illinois hospitals for the purpose of allocating the funds included in capitation payments to managed care organizations, defines "critical access hospital" and "public hospital". Provides that, beginning January 1, 2023 and each calendar year thereafter, assignment to the safety-net class shall be based on the annual safety-net rate year beginning 15 months before the beginning of the first Payout Quarter of the calendar year. Makes changes to provisions concerning high Medicaid hospitals and defines "regional high volume hospital". Provides that, from January 1, 2023 through December 31, 2023, the Department of Healthcare and Family Services shall establish the amounts that shall be allocated to the hospital class directed payment fixed pools identified under a specified provision of the Code for the quarterly development of a uniform per unit add-on. Requires the Department to ensure that hospitals assigned to the fixed pools are paid no less than 95% of the annual initial rate for each 6-month period of each annual payout period. Contains provisions concerning directed payment amounts established by the Department for the Payout Quarter beginning January 1, 2023; pass-through payments for calendar year 2023; the sum of the total estimated annual payments to each hospital class for calendar year 2023; and other matters. Provides that a general acute care hospital is authorized to file a notice with the Department of Public Health and the Health Facilities and Services Review Board to establish an acute mental illness category of service in accordance with the Illinois Health Facilities Planning Act and add authorized acute mental illness beds if the following conditions are met: (i) the general acute care hospital qualifies as a safety-net hospital as determined by the Department of Healthcare and Family Services at the time of filing the notice or for the year immediately prior to the date of filing the notice; (ii) the notice seeks to establish no more than 24 authorized acute mental illness beds; and (iii) the notice seeks to reduce the number of authorized beds in another category of service to offset the number of authorized acute mental illness beds. Provides that, by February 1, 2023, the Department of Public Health and the Department of Healthcare and Family Services shall provide a joint report to the General Assembly on options and recommendations for the establishment of a permanent Safety-Net Hospital Health Equity and Access Leadership (HEAL) Grant Program. Provides that the Departments of Public Health and Healthcare and Family Services may consult with the statewide association representing a majority of hospitals and safety-net hospitals on the report. Sets forth information that may be included in the report, including, but not limited to: (1) criteria for a safety-net hospital to be eligible for the program; (2) potential projects eligible for grant funds, which may include projects to reduce health disparities, advance health equity, or improve access to or the quality of healthcare services; and (3) potential strategies to generate federal Medicaid matching funds for expenditures under the program. Amends the Medical Assistance Article of the Illinois Public Aid Code. Extends the income tax credit for certain hospitals through taxable years ending on or before December 31, 2027 (currently, December 31, 2022). Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that certain hospital exemptions apply on a continuous basis. Effective immediately.

HB 3124, Towing Database  was signed into law. This bill provides that the Transportation Division of the Illinois Commerce Commission shall establish a statewide database in which any licensed tow operator may enter information regarding vehicles towed for safety or relocation purposes. 

HB 4324, Insurance Association was signed into law. This bill provides that an insurance producer's active participation in a State or national professional insurance association may be approved by the Director of Insurance for up to 4 hours of continuing education credit per biennial reporting period. Provides that the hours shall be credited upon timely filing with the Director or his or her designee on a biennial basis, the credit shall not be used to satisfy ethics education requirements, and active participation in a State or national professional insurance association is defined by specified methods.

HB 4595, 340B/PBM was signed into law. This bill provides that a contract between a pharmacy benefit manager or third-party payer and a 340B entity or 340B pharmacy shall not contain specified provisions. Provides that a violation by a pharmacy benefit manager constitutes an unfair or deceptive act or practice in the business of insurance, and that a provision that violates the prohibition on certain provisions in a contract between a pharmacy benefit manager or a third-party payer and a 340B entity that is entered into, amended, or renewed after July 1, 2022 shall be void and unenforceable. In provisions concerning pharmacy benefit managers, provides that the provisions apply to contracts entered into or renewed on or after July 1, 2022 (rather than July 1, 2020). In provisions concerning pharmacy benefits, provides that a Medicaid managed care organization or pharmacy benefit manager administering or managing benefits on behalf of a Medicaid managed organization shall not include specified provisions in a contract with a 340B entity or 340B pharmacy. Provides that a provision that violates the prohibition on certain provisions in a contract between a Medicaid managed care organization or its pharmacy benefit manager and a 340B entity entered into, amended, or renewed after July 1, 2022 shall be void and unenforceable. 

HB 4922, Nurse Anesthetist was signed into law. This bill provides that the Department of Financial and Professional Regulation may issue a certified registered nurse anesthetist license to an advanced practice registered nurse who does not have a graduate degree, applies for licensure before July 1, 2028 (instead of July 1, 2023), and submits the other required information to the Department.

HB 4929, Optometric/Vaccines was signed into law. This bill provides that a licensed optometrist may independently administer the COVID-19 vaccine upon completion of the required training.

HB 5225, Apprentice Assistance Program was signed into law. This bill creates the Apprentice Assistance and Support Services Pilot Program Act. Provides that the Department of Commerce and Economic Opportunity (rather than the Department of Labor) shall develop the Pilot Program. Provides that the Department shall award grants to organizations to distribute subsidies to qualifying individuals. Provides that to be eligible for assistance under the Pilot Program, an individual is required to participate in a registered apprenticeship program, pre-apprenticeship program as defined by the United States Department of Labor, or work-based learning programs, such as an internship, paid work experience, transitional jobs training, on-the-job training, or incumbent worker programs administered by the Department. Provides that the assistance provided by the Pilot Program may include funds for transportation, child care, housing-related expenses, including, but not limited to, rent and utilities, transportation, child care, digital technology needs, education needs, mental health services, substance abuse services, income support, and work-related supplies that are not typically covered by programmatic supportive services.

SB 645, Sick Leave was signed into law. This bill amends the Employee Sick Leave Act. Provides that the rights afforded under the Act serve as the minimum standard in a negotiated collective bargaining agreement.

SB 1435, Hospital Licensing was signed into law. This bill amends the Hospital Licensing Act. In provisions regarding a hospital in multiple locations operating under a single license, provides that, at the time of the application to operate under a single license, a hospital located in a county with fewer than 125,000 inhabitants may apply to the Department of Public Health for approval to conduct its operations from more than one location within contiguous counties in which both facilities are located, provided that the second county has fewer than 35,000 inhabitants. 

SB 2940, Electric Motorcycles was signed into law. This bill amends the Electric Vehicle Act and the Electric Vehicle Rebate Act to delete language providing that "electric vehicle" does not include electric motorcycles. Provides that, beginning July 1, 2022, each person shall be eligible to apply for a $1,500 rebate for the purchase of an electric vehicle that is an electric motorcycle.

SB 2984, Youth Entrepreneur was signed into law. This bill modifies requirements concerning entrepreneurship assistance centers to include assistance to youth entrepreneurs.

SB 3146, One Day Rest in Seven was signed into law. This bill provides that an employee who works in excess of 7 1/2 continuous hours shall be entitled to an additional 20-minute meal period for every additional 4 1/2 continuous hours worked. Provides that every employer covered by the Act shall post and keep posted, in one or more conspicuous places on the premises of the employer where notices to employees are customarily posted, a notice, to be provided by the Director of Labor, summarizing the requirements of the Act and information pertaining to the filing of a complaint. Provides that the Director of Labor shall provide copies of summaries and rules to employers upon request without charge. Provides that an employer with employees who do not regularly report to a physical workplace, and instead work remotely or travel for work, shall also provide the notice by email to its employees or on a website, regularly used by the employer to communicate work-related information. Provides that any employer who violates specified provisions of the Act shall be subject to a civil penalty. Provides that for an employer with fewer than 25 employees, the civil penalty shall not exceed $250 per offense, payable to the Department of Labor, and damages of up to $250 per offense, payable to the employee or employees affected. Provides that for an employer with 25 or more employees, the civil penalty shall not exceed $500 per offense, payable to the Department, and damages of up to $500 per offense, payable to the employee or employees affected.

SB 3633, Demolition was signed into law. This bill provides that counties and municipalities must maintain documentation submitted from a contractor (rather than just maintain documentation) on the disposal of specified demolition debris, clean or general, or uncontaminated soil during the demolition, repair, or enclosure of a building for a period of 3 years identifying the hauler, generator, place of origin of the debris or soil, the weight or volume of the debris or soil, and the location, owner, and operator of the facility where the debris or soil was transferred, disposed, recycled, or treated.

SB 3661, Motor Fuel-Railroads was signed into law. This bill amends the Motor Fuel Tax Law. Repeals provisions concerning reports by railroad companies, and street, suburban, or interurban railroad companies.

SB 3819, Pediatric Palliative Care was signed into law. This bill provides that a group or individual policy of accident and health insurance or a managed care plan amended, delivered, issued, or renewed on or after January 1, 2024 (rather than after the effective date of the amendatory Act) shall provide coverage for community-based pediatric palliative care and hospice care and that the care shall be delivered to any qualifying child with a serious illness by a trained interdisciplinary team that allows a child to receive community-based pediatric palliative and hospice care while continuing to pursue curative treatment and disease-directed therapies for the qualifying illness.

SB 3905, Wastewater Study was signed into law. This bill creates the Municipal Water and Wastewater Funding Study Committee.

Session Update

The House and Senate were both in Springfield for the final day of Spring Session on April 8th. There are no further session dates scheduled at this time. Veto Session can be expected to commence after the election in late November or early December but no official dates have been released.
Small Business News from the US Chamber: Dream Big Awards

The U.S. Chamber’s Dream Big Awards program has officially opened for 2022 application submissions. Applications from small business owners through July 8, 2022.  

Every year at The Big Week for Small Business, the Dream Big Awards program honors the achievements of small businesses and highlights their contributions to America’s economic growth. The 2022 Small Business of the Year award winner will receive national recognition and a $25,000 cash prize!

A business must meet the following requirements to be eligible for the Dream Big Small Business of the Year Award or a Business Achievement Award.

  • For-profit business operating for at least one (1) year primarily within the United States.
  • Have less than 250 employees OR gross revenues of less than $20 million for each of 2021 and 2022.

The Award categories are as follows:

  • Emerging Business
  • Green/Sustainable Business
  • Minority-Owned Business
  • Veteran-Owned Business
  • Woman-Owned Business
  • Young Entrepreneur Business
  • LGBTQ-Owned Business
  • Community Support and Leadership Award

Learn more about the Dream Big Awards here.

Find the application from the US Chamber here.

A local Chamber of Commerce or trade/economic development group can refer a small business here.
Webinar: Detection is Your Superpower!

Protecting a network against a hacker used to mean that you had to be on your game 100%, but the hacker only needed to be right once to get in. With Detection, however, the tables are turned, and they’re on your territory. Detection becomes your advantage, as they have to avoid making any mistakes and all you have to do is watch and wait. Join Stel Valavanis, CEO of Onshore Security, to hear more about how Panoptic Cyberdefense gives us the super power to see all and stop bad actors in their tracks.

Date/Time: May 25, 2022 | 1:30 pm - 3:00 pm

Register for Free Here!

Webinar: Future of Work Virtual Conference

Successful business leaders are always looking to plan for the future. As the economy emerges from the COVID pandemic, the conversation on the Future of Work has taken heightened intensity. Companies are launching “Future of Work” teams and legislatures across the country are studying policies that will shape the workforce for the next decade. Join the Illinois Chamber as we have a conversation with nationwide business leaders on the future of work, and what you can do to prepare.

Date/Time: May 25, 2022 | 10:30 am – 12:00 pm

Register Here!
Innovative Retail Product Hits Illinois Lottery Stores

Illinois Lottery First To Bring Fast Play Games To Life In-store With Digital Reveal

The Illinois Lottery’s newest draw-based game, Fast Play, now has a modern twist for today’s lottery player - with a feature called Scan-N-Play.

“This is a brand-new experience for retail players - we’ve transformed a black and white physical ticket into an engaging online play experience,” said Harold Mays, Lottery Director.

In order to try Scan-N-Play, players buy a physical Fast Play ticket in retail and then scan that ticket via the Illinois Lottery app, where the game will play out onscreen revealing the prize outcome.

While more than 20 U.S. lotteries offer a Fast Play game, the Illinois Lottery is the first to bring those games to life for its retail players with a digital reveal.

“This is a U.S. first. With innovative design and engaging content, the Illinois Lottery is giving its players a new experience and a completely different way to play Fast Play,” said Mays.

“Our retail network remains the backbone of the Lottery’s success and we’re pleased to introduce this innovative gameplay for our retailers and players. Strong feedback from our research is that players are excited to give it a go.”

Fast Play Scan-N-Play can be found in all 7,000-plus Illinois Lottery retailer stores across the State, with retailers earning commission on every ticket sold in-store, and bonus commission for selling a winning ticket. All prizes under $600 can be claimed in-store, with larger prizes claimed by making an appointment at a prize claim center, online, or via mail.

As private manager of the Illinois Lottery, Camelot Illinois delivered a program of innovation to bring Fast Play games to life for Illinoisians through Scan-N-Play.

Said Keith Horton, Camelot Illinois General Manager and General Counsel: “Two-thirds of Illinois adults now play the lottery regularly - up from around half just a few years ago. Fast Play innovation is intended to excite existing players and further attract new players with engaging content and a modern play experience.”

Fast Play was first introduced in retail in September 2020 and then through the Illinois Lottery website and app in November 2021. In total, there are now 10 Fast Play games available to play in retail and online at a range of price points.

To see a Fast Play Scan-N-Play video, click here. 

Click here for more information.
Illinois Chamber 2022 End of Session Report
Connect with the Chamber
If you have questions about the Government Affairs Report, contact Clark Kaericher at ckaericher@ilchamber.org. Do not reply to this email.