Good afternoon, Healthcare Council. The first week of veto session is in the books with a record numbers of veto overrides. The General Assembly reconvenes after Thanksgiving to complete work for the calendar year. Governor-elect Pritzker also has announced his healthcare transition committee. Oh - and happy Thanksgiving to you and yours. On to the update!
Veto Session Recap
Both the House and the Senate passed a slew of override motions this week. Of note in the healthcare space:
- SB1737 (Insurance Omnibus) - this legislation includes a regulatory framework for short-term medical polices. The Senate voted 52-0 to override the Governor's amendatory veto. The House is expected to take it up when the General Assembly returns after Thanksgiving. The Chamber supports the override.
- HB4771 - Amends the Illinois Public Aid Code. Provides that, beginning on June 29, 2018, provisional eligibility, in the form of a recipient identification number and any other necessary credentials to permit an applicant to receive benefits, must be issued to any applicant who has not received a final eligibility determination on his or her application for Medicaid or Medicaid long-term care benefits or a notice of an opportunity for a hearing within the federally prescribed deadlines for the processing of such applications. House passed 110-0. On to the Senate.
- SB904 - The Senate overrode the veto of SB904 by 55-1. Prior to the override vote, the Senate also passed modifications to SB 904, HB 3452 (Soto/Hastings) and HB 200 (Hoffman/Hastings) by unanimous roll calls. The measures now move to the Illinois House to be considered when they return after Thanksgiving. SB 904 makes significant changes to the workers' compensation medical billing process. The Chamber's Employment Law Council opposed SB904 as originally passed.
Our major concern of allowing medical providers to take medical bill disputes to circuit court is being addressed in HB 3452. The amendment limits the ability to go to circuit court only for collection of the 1% interest after the bill is paid. The amendment essentially limits the action at the circuit court to a bill collection matter and not an issue of whether the medical services are payable under workers' compensation. The amendment to HB 3452 changed the Chamber's position on SB 904 to neutral. The Chamber appreciates the intervention of the Senate President John Cullerton and the work of his staff to addressing our concern of the circuit court issue.
HB 200 adds that an explanation of benefits in addition going to the medical provider also will be required to go to the injured worker or their attorney. Early indications are that Illinois would become the first state in the country to require an EOB to the injured worker. Details of the EOB will be determined by the Commission with the assistance of the Commission Medical Fee Advisory Board.
- SB2419 - Amends the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act. Provides that a person qualifies for registration as a surgical assistant if he or she is currently certified by the National Commission for the Certification of Surgical Assistants (rather than the National Surgical Assistant Association). Provides that in order for a registrant to renew his or her surgical assistant registration or surgical technologist registration, he or she must maintain certain current certification. Senate overrode the veto 54-2.
Other Veto Session Notes:
SB458, which would mandate telehealth billing parity with in-person services was not called in Senate Human Services. We have concerns about the legislation as it would reduce the economic competitiveness of telehealth as well as complicate healthcare billing. We have asked to participate in any 2019 stakeholder meetings in order to reach an agreed-to resolution.
The House Environment Committee passed two bills banning ethylene oxide out of committee (Rep. Durkin's
HB5983 and Rep. Sente's HB5985), but both bills will be held on second reading pending further stakeholder negotiations. The Chamber is opposed to a ban on ethylene oxide, which is an important component of medical device sterilization. However, a group of legislators including Rep. Carol Sente, Sen. Dave Koehler and Sen. John Curran are pushing for a legislative solution to this issue during veto session.
Pritzker Announces Healthy Children and Families Committee
Governor-elect JB Pritzker this week announced a transition committee that will focus on healthcare-related topics. Transition policy committees are charged with developing policy recommendations for the incoming administration. Committee co-chair state Sen. Heather Steans recently spoke at the Healthcare Council's last quarterly meeting regarding the prospects of marijuana legalization.
JCAR Update
HFS proposed amendments to Medical Payment (89 IAC 140; 42 Ill Reg 19557) implementing two Public Acts. PA 100-974 allows Federally Qualified Health Centers (FQHCs) to seek Medicaid reimbursement for services performed by dental hygenists. PA 100-646 clarifies the distinction between medi-car transportation (provided to wheelchair-bound patients who require a hydraulic or electric lift, but do not need medical observation or administration of medications or oxygen) and service car transportation (provided to patients that do not need ambulance or medi-car services). Those affected by this rulemaking include FQHCs and medical transportation providers.
DOI proposed amendments to Health Carrier External Review (50 IAC 4530; 42 Ill Reg 20226) removing an outdated biographical affidavit form that has been replaced by a National Association of Insurance Commissioners (NAIC) standard affidavit form which is available through the DOI website. DOI also proposed amendments to Construction and Filing of Life Insurance and Annuity Forms (50 IAC 1405; 42 Ill Reg 20207) removing outdated or duplicative provisions, including a provision that, as worded, would require an insurer to continue offering coverage under a rider even if the policy to which the rider was attached lapses.
2019 Legislative Planning
Working on healthcare legislation for next year? Let us know so that we can be a resource to aid you in your legislative efforts.
