Public Acts to take Effect on January 1, 2018

News (Tuesday, December 5, 2017)

As the new year approaches an array of Public Acts passed by Illinois' 100th General Assembly will take effect. Below is a list of Public Acts taking effect January 1, 2018 that may impact service providers and/or the families they serve. The Acts are arranged by category below. Please keep in mind that this is a non-exhaustive list of Public Acts.

Abortion Rights & Services:

  • Public Act 100-0538
    • Repeals provisions in existing Illinois law that aim to ban abortion and lifts a ban on insurance coverage for abortion for individuals enrolled in Medicaid.

Education Rights & Services:

  • Public Act 100-0421
    • Requires School districts have a policy that allows for accelerated placements for children academically eligible and sets forth certain components of the policies.
  • Public Act 100-0105
    • Prohibits early childhood providers who receive state funding or are state-licensed from expelling children from their daycare program and provides guidance for planned transitions for children with serious and persistent behavioral challenges.
  • Public Act 100-0310
    • Provides for the establishment of alternative methods of obtaining high school credentials, other than through standardized assessment offered by a private vendor.
  • Public Act 100-0133
    • Provides that a school board shall require the school district’s high school to notify all 11th and 12th grade students of dual enrollment and/or credit opportunities at public community colleges for qualified students. 
  • Public Act 100-0163
    • Provides that a school district shall make feminine hygiene products available at no cost to students, in the bathrooms of all school buildings including charter and Chicago Public schools.
  • Public Act 100-0029
    • Provides that all public schools shall ensure reasonable accommodations are available on the school’s campus for a lactating pupil to breastfeed, express milk or address other related needs. The Act describes what reasonable accommodations should look like.

Foster Care Rights & Services:

  • Public Act 100-0189
    • Adds to a list of rights provided to all children in foster care, stating that foster children shall have the right to be placed in the least restrictive and most family-like setting available and in close proximity to his or her parent’s home, consistent with his or her health, safety, best interests, and special needs. 

Homelessness Rights & Services:

  • Public Act 100-0506
    • Allows individuals verified as homeless to receive a fee waiver allowing them to get a copy of their birth certificate for free.

Hospitals and Health Care Facilities Rights & Services:

  • Public Act 100-0306
    • Amends the University of Illinois Hospital Act prohibiting the University of Illinois Hospital from maintaining a list of individuals that may not be admitted to the hospital.
  • Public Act 100-0099
    • Prohibits hospitals, nursing homes, and health care providers that receive State funding from referring a patient to a home health, home nursing or home services agency that has not been licensed by the Home Health, Home Services and Home Nursing Agency Licensing Act.

Long Term Care Rights & Services:

  • Public Act 100-0449
    • Requires HFS to keep record of Long Term Care claims by maintaining a list of the status of applications, denials, appeals and redeterminations, including the number of pending applications and redeterminations denied due to failure to submit required documentation.

Telemedicine Rights & Services:

  • Public Act 100-0317
    • The "Telehealth Act" authorizes licensed health care professionals in Illinois to practice telehealth services within their licensed scope of practice, and sets forth guidelines for practicing telehealth.
  • Public Act 100-0385
    • Eliminates the Medicaid requirement that healthcare providers be present in the room with a patient while the patient is receiving telehealth psychiatry services.

Transgender Rights & Services:

  • Public Act 100-0360
    • Provides for issuance of new birth certificates with a different sex designation for those who have undergone gender transition treatment.

Unaccompanied/Homeless Minors Rights & Services:

  • Public Act 100-0378
    • Clarifies “Consent by Minors to Medical Procedures Act” to include Chiropractic physicians and licensed Optometrists.
  • Public Act 100-0229
    • Clarifies "Juvenile Court Act of 1987” stating that a shelter placement is meant to be an emergency temporary placement for a minor. This Act requires the public agency acting as guardian to a minor in a shelter to file a written report to the court if that placement lasts longer than 30 days, a psychiatric hospital admission lasts beyond medical necessity, or a minor remains in a detention center because a placement can’t be found.
  • Public Act 100-0162
    • Amends the “Emancipation of Minors Act,” and the “Children and Family Services Act.” Provides that a youth transitional housing program may include a service assessment, individualized case management and life skills training, and that an eligible homeless minor has the legal capacity to consent to receiving housing and services from a youth transitional housing program.
  • Public Act 100-0196
    • Authorizes providers who are administering counseling services to minors without parental consent to use their judgment and experience to continue or discontinue counseling the minor without parental consent. Increases the number of sessions a provider may administer to a minor between the ages of 12 and 17 without parental consent from five 45-minute sessions to eight 90-minute sessions.

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