AARON WINTERS
Executive Director
Healthcare Council
847-334-6411
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Feb. 26, 2018
Good morning, Healthcare Council. Both the Illinois House and Senate go into session this Tuesday. The Illinois Primary Election is on March 20th - speaking of which, here are the healthcare proposals for JB Pritzker Chris Kennedy and Daniel Biss. On to the update!
Hospital Assessment Expected to Finally Move
After months of protracted negotiations, a revised hospital assessment proposal is expected to be taken up by the House this week. The House Appropriations - Human Services Committee has a hearing scheduled regarding the assessment on Tuesday. Look for additional amendments to be filed before that hearing to SB1733 and SB1573 which are the respective assessment and MCO legislative vehicles. Action is necessary as the $3.5 billion program sunsets this summer.
Healthcare Committee Postings This Week
Below, please find healthcare-related bills that are posted for committees this week. If you are taking a position on any of the below items, please let me know.
House Appropriations-Human Services Committee
Date: Feb. 27 - 9:30 AM
Location: Room C-1 - Stratton Building - - Springfield, IL
Subject Matter: Hospital Assessment.
House Insurance: Health & Life Committee
Date: Feb. 27 - 3:00 PM
Location: Room 122B - Capitol Building - - Springfield, IL
HB4116 - Welch -
Amends the Code of Civil Procedure. Provides that notwithstanding any other provision of law, a health care facility or health care practitioner shall provide a patient's records without charge if the records are being requested by the patient for use in supporting an application, claim, or appeal relating to a government benefit or program.
HB4516 - Fine -
Amends the Illinois Insurance Code, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act to require coverage for hearing instruments and related services for all individuals under the age of 18 when a hearing care professional prescribes a hearing instrument.
HB4577 - Hoffman -
Amends the Illinois Insurance Code. Requires a group or individual policy of accident and health insurance that is amended, delivered, issued, or renewed after the effective date of the amendatory Act to provide coverage for the treatment of Neurofibromatosis Type 1, including surgical procedures. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Illinois Public Aid Code.
House Human Services Committee
Date: Feb. 28 - 8:00 AM
Location: Room C-1 - Stratton Building - - Springfield, IL
HB2617 - Gabel -
Amends the Illinois Insurance Code to provide that a policy of accident or health insurance shall provide coverage for medically necessary expenses for standard fertility preservation services when a necessary medical treatment may directly or indirectly cause iatrogenic infertility to an enrollee. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Illinois Public Aid Code.
HB3813 - Willis -
Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Adds provisions concerning required disclosures and contract requirements for providers of community-integrated living arrangements. Provides that at the time of or prior to the execution of a contract to provide continuing care at a community-integrated living arrangement, or at the time of or prior to the transfer of any money or other property to a provider by or on behalf of a prospective resident, whichever shall first occur, a provider shall deliver a disclosure statement to the person with whom the contract is to be entered into that contains specified information. Provides that all contracts for continuing care at a community-integrated living arrangement used by a provider shall include specified information.
HB4383 - Feigenholtz -
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that disenrollment of a Medicaid enrollee from a managed care organization under contract with the Department of Healthcare and Family Services shall be in accordance with specified federal requirements whenever a contract is terminated between a Medicaid managed care health plan and a primary care provider that results in a disruption to the Medicaid enrollee's provider-beneficiary relationship. Effective immediately.
HB4440 - Gabel -
Amends the Nursing Home Care Act. Provides that the Department of Public Health shall provide facilities with educational information on all vaccines recommended by the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices, including, but not limited to, the risks associated with shingles and how to protect oneself against the varicella-zoster virus. Requires a facility to distribute the information to each resident who requests the information and each newly admitted resident. Allows the facility to distribute the information to residents electronically. Effective January 1, 2019.
HB4782 - Burke -
Amends the Illinois Insurance Code and the Illinois Public Aid Code. In provisions concerning coverage for amino acid-based elemental formulas, provides coverage for the diagnosis and treatment of milk protein allergies and intolerances when the prescribing physician has issued a written order stating that the amino acid-based elemental formula is medically necessary.
HB4900 - Guzzardi - Creates the Illinois Generic Drug Pricing Fairness Act. Provides that a manufacturer or wholesale drug distributor shall not engage in price gouging in the sale of an essential off-patent or generic drug. Provides that the Director of Healthcare and Family Services or Director of Central Management Services may notify the Attorney General of any increase in the price of any essential off-patent or generic drug under the Medical Assistance Program under the Illinois Public Aid Code or a State health plan, respectively, that amounts to price gouging. Provides that whenever the Attorney General has reason to believe that a manufacturer or wholesale drug distributor of an essential off-patent or generic drug has violated the Act, the Attorney General shall send a notice to the manufacturer or wholesale drug distributor requesting a specified statement.
House Health Care Licenses Committee
Date: Feb. 28 - 10:00 AM
Location: Room 115 - Capitol Building - - Springfield, IL
HB4515 - Swanson -
Amends the Medical Practice Act of 1987. Exempts physicians from disciplinary action by the Department of Financial and Professional Regulation based solely upon the licensee's recommendation or provision of a treatment method for Lyme disease or other tick-borne disease if specified criteria are met. Effective immediately.
HB4650 - Zalewski -
Amends the Illinois Controlled Substance Act. In a provision allowing pharmacists to authorize a designee to consult the Prescription Monitoring Program on their behalf, defines "pharmacist" to include, but be not limited to, a pharmacist associated with a health maintenance organization or a Medicaid managed care entity providing services under the Illinois Public Aid Code. Effective immediately.
HB4664 - Willis -
Amends the Life Care Facilities Act. Adds provisions concerning required disclosures and life care contract requirements for providers under the Act. Provides that at the time of or before the execution of a life care contract, or at the time of or before to the transfer of any money or other property to a provider by or on behalf of a prospective resident, whichever shall first occur, a provider shall deliver a disclosure statement to the person with whom the life care contract is to be entered into that contains specified information. Provides that residents may receive, upon request, specified information from providers and may submit comments. Provides that providers shall, to the maximum extent practicable, offer specified explanations, inform residents of certain matters, and make use of specified standards and practices. Provides that a violation of these provisions by a provider of a facility is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that the Department of Financial and Professional Regulation shall take specified enforcement actions if he or she receives notice from an escrow agent that specified provisions of the Act have not been complied with. Provides that the Secretary of Professional and Financial Regulation may conduct audits of providers. Provides that a provider shall provide all residents of a facility and the Department of Public Health with a printed report that contains certain information. Provides that the Department of Public Health shall provide the public with online access to the annual reports, inspection reports, and other specified information. Provides that an increase in a regular periodic charge not outlined in a life care contract must be approved by the Secretary of Financial and Professional Regulation. Makes other changes.
HB4688 - Burke -
Amends the Nursing Home Administrators Licensing and Disciplinary Act. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of Financial and Professional Regulation of any change of address or email address through specified means. Adds provisions concerning confidentiality of information collected by the Department. Makes changes in provisions concerning definitions, the Nursing Home Administrators Licensing and Disciplinary Board, powers and duties of the Department, application procedures, rosters, grounds for disciplinary action, reports of violations of the Act, summary suspensions, hearings and motions for rehearing, administrative review, and certification of record. Repeals provisions concerning Board hearings and recommendations, surrender of licenses, rehearings, and fraud and deception by applicants. Makes other changes. Effective immediately.
House Appropriations-Human Services Committee
Date: March 1 - 9:00 AM
Location: Room 114 - Capitol Building - - Springfield, IL
Subject Matter: ICDD; Deaf and Hard of Hearing; GAC; HRC; HR Dept.; Coroner Training Board.
House Mental Health Committee
Date: March 1 - 10:30 AM
Location: Room C-1 - Stratton Building - - Springfield, IL
HB4441 - Willis -
Amends the Mental Health and Developmental Disabilities Code. Provides that counseling services or psychotherapy on an outpatient basis provided to a civilly committed minor 12 years of age or older shall be provided in compliance with the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, the Clinical Social Work and Social Work Practice Act, or the Clinical Psychologist Licensing Act (currently, the counseling services or psychotherapy must be provided in compliance with the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act or the Clinical Psychologist Licensing Act). Effective immediately.
Senate Public Health Hearing Details
Date: Feb. 27 - 1:45 PM
Location: 400 - Capitol - - Springfield, IL
SB2232 - Koehler -
Amends the Illinois Emergency Management Agency Act. Provides that harm or potential harm to the residents of a long term care facility constitutes a disaster under the Act. Provides that the Governor's comprehensive plan and program for emergency management of the State and emergency operations plans shall include provisions concerning identifying necessary resources to allow a resident of a long term care facility to remain in his or her long term care facility, prioritizing restoration of power or securing alternative power sources, and identifying alternative facilities and emergency transportation for the evacuation of a long term care facility. Provides that the Illinois Emergency Management Agency shall establish a protocol for canvassing long term care facilities in a disaster area to determine what resources are needed to permit the residents to remain in place, the need for evacuation assistance, or the status of power at long term care facilities. Makes additional changes to provisions concerning the Illinois Emergency Management Agency, emergency powers of the Governor, mobile support teams, and private liability. Amends the Public Utilities Act. Provides that the Illinois Commerce Commission, in collaboration with the Illinois Emergency Management Agency, shall establish by rule a priority order for the restoration of power or securing alternative power sources and shall place long term care facilities licensed under the Nursing Home Care Act in the top tier of priority with other residential health care facilities. Effective immediately.
SB2334 - Murphy - Mandates metal detectors at all non-ambulance hospital entrances
SB2442 - Mulroe -
Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health shall require every provider of mammography services to, if a patient's mammogram demonstrates dense breast tissue, provide notification to the patient in any summary of the mammography report sent to the patient pursuant to the federal Mammography Quality Standards Act that shall include, but not be limited to, certain information.
SB2866 - Holmes -
Amends the Communicable Disease Prevention Act. Provides that the Department must provide all students (currently, all female students) who are entering sixth grade and their parents or legal guardians written information about the link between human papillomavirus and specified kinds of cancer, and the Centers for Disease Control and Prevention's recommendation for children to be vaccinated with the HPV vaccine (currently, written information about the link between human papillomavirus and cervical cancer and the availability of a HPV vaccine). Provides that the Department shall adopt emergency rules to the extent necessary to administer the Department's responsibilities under the amendatory Act no later than July 1, 2019. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that beginning on January 1, 2020, the definition for "eligible individual" for provisions concerning human papillomavirus vaccinations includes male children under the age of 18 that meet specified conditions.
SB2889 - Rose -
Creates the Epinephrine Administration Act. Provides that a health care practitioner may prescribe epinephrine pre-filled syringes in the name of an authorized entity where allergens capable of causing anaphylaxis may be present. Provides that an authorized entity may acquire and stock a supply of undesignated epinephrine pre-filled syringes provided the undesignated epinephrine pre-filled syringes are stored in a specified location. Requires each employee, agent, or other individual of the authorized entity to complete a specified training program before using a pre-filled syringe to administer epinephrine. Provides that a trained employee, agent, or other individual of the authorized entity may either provide or administer an epinephrine pre-filled syringe to a person whom the employee, agent, or other individual believes in good faith is experiencing anaphylaxis. Provides that training under the Act shall be valid for 2 years. Requires the Department of Public Health to approve training programs, to list the approved programs on the Department's website, and to include links to training providers' websites on the Department's website. Contains provisions concerning costs, limitations, and rulemaking. Defines terms. Amends the School Code. In provisions concerning epinephrine administration, provides that epinephrine may be administered with a pre-filled syringe. Makes conforming changes.
SB2952 - Bush -
Amends the Illinois Controlled Substances Act. Provides that the Department of Human Services, in consultation with the Advisory Committee, shall adopt rules allowing licensed prescribers or pharmacists who have registered to access the Prescription Monitoring Program to authorize a licensed or non-licensed designee (rather than any designee) employed in that licensed prescriber's office or licensed pharmacist's pharmacy and who has received training in the federal Health Insurance Portability and Accountability Act to consult the Prescription Monitoring Program on their behalf. Requires the Clinical Director of the Prescription Monitoring Program to select 6 members (rather than 5 members), 3 physicians, 2 pharmacists, and one dentist, of the Prescription Monitoring Program Advisory Committee to serve as members of the peer review subcommittee. Effective immediately.
SR1408 - Harmon -ENCEPHALOPATHY AWARENESS WEEK
Senate Human Services Hearing Details
Date: Feb. 27 - 3:15 PM
Location: 409 - Capitol - - Springfield, IL
SB2429 - Aquino - Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall provide dental services to an adult who is otherwise eligible for assistance under the medical assistance program.
SB2491 - Syverson - Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that a licensed dental hygienist working under the supervision of a dentist and employed by a federally qualified health center shall be reimbursed for dental services provided to medical assistance recipients at the federally qualified health center's encounter rate. Effective immediately.
SB2834 - Syverson -
Amends the Alcoholism and Other Drug Abuse and Dependency Act. Changes the short title of the Act to the Substance Use Disorder Act. Removes the terms "addict", "addiction", "alcoholic", "alcoholism", and "substance abuse" and their corresponding definitions. Requires the Department of Human Services to reduce the incidence of substance use disorders (rather than reduce the incidence and consequences of the abuse of alcohol and other drugs).
SB2835 - Syverson -
Amends the Developmental Disability and Mental Disability Services Act. Repeals the Family Assistance Law for Children with Mental Disabilities Article of the Act. Effective immediately.
SB2836 - Syverson -
Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Removes language requiring the Department of Human Services to adopt a State plan for the distribution of community-integrated living arrangements throughout the State and makes related changes. Effective immediately.
SB2839 - Syverson -
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that notwithstanding any other law to the contrary, the Department of Healthcare and Family Services shall not adopt any rule or enter into any contract that prohibits reimbursement under the medical assistance program to an eligible clinic for a dental encounter for services performed by an individual licensed to practice dentistry or dental hygiene under the Illinois Dental Practice Act. Effective immediately.
SB2865 - Steans -
Amends the Mental Health and Developmental Disabilities Administrative Act and the Illinois Public Aid Code. Provides that the Department of Human Services shall progressively increase rates and reimbursements so that by July 1, 2018 direct support persons earn a base wage of not less than $5.25 per hour above the highest of the federal, State, county, or municipal minimum wages, and so that other front-line personnel earn a commensurate wage, and by July 1, 2020 direct support persons earn a base wage of not less than $6.75 per hour above the highest of the federal, State, county, or municipal minimum wages. Effective immediately.
SB2898 - Steans -
Amends the Illinois Public Aid Code. Provides that licensed medically complex for the developmentally disabled facilities (MC/DD) (rather than licensed long-term care facilities for persons under 22 years of age) that serve severely and chronically ill patients (rather than pediatric patients) shall have a specific reimbursement system designed to recognize the characteristics and needs of the patients they serve.
SB2902 - Althoff -
Amends the Department of Human Services Act. Repeals a provision concerning cross-agency master service agreements between State agencies and human service providers. Effective immediately.
SB2903 - McConnaughay -
Amends the Illinois Identification Card Act. Requires the Secretary of State to issue standard Illinois Identification Cards and limited-term Illinois Identification Cards to persons upon conditional release or absolute discharge from the custody of the Department of Human Services with specified requirements. Provides the fee requirement for issuance of standard Illinois Identification Cards and limited-term Illinois Identification Cards. Effective January 1, 2019.
SB2951 - Bush -
Creates the Early Mental Health and Addictions Treatment Act. Requires the Department of Healthcare and Family Services, and other specified agencies and entities, to develop a pilot program under which a qualifying adolescent or young adult may receive community-based mental health treatment from a youth-focused community support team for early treatment that is specifically tailored to the needs of youth and young adults in the early stages of a serious emotional disturbance or serious mental illness.
SB3023 - Bush -
Creates the Community-Law Enforcement Partnership for Deflection and Addiction Treatment Act. Allows a law enforcement agency to establish a program to facilitate contact between a person and a licensed substance abuse treatment provider for assessment and coordination of treatment. Requires the Illinois Criminal Justice Information Authority, in conjunction with a Police Chief's Association and Department of Human Services to develop the type of data to collect and measure performance of program. Provides for civil liability immunity and eligibility for funding.
SB3048 - Manar -
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that whenever the Department of Healthcare and Family Services or a managed care organization under contract with the Department authorizes the purchase of durable medical equipment, the Department or managed care organization may require a medical assistance recipient to purchase used or refurbished durable medical equipment, if used or refurbished medical equipment: (i) is available; (ii) is less expensive, including shipping costs, than new durable medical equipment of the same type; (iii) is able to withstand at least 3 years of use; and (iv) equally meets the needs of the recipient. Effective immediately.
SB3049 - Manar -
Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to reimburse psychiatrists, federally qualified health centers as defined in the Social Security Act, clinical psychologists, clinical social workers, advanced practice registered nurses certified in psychiatric and mental health nursing, and mental health professionals and clinicians authorized by Illinois law to provide mental health services to recipients via telehealth (rather than psychiatrists and federally qualified health centers). Requires the Department to reimburse any Medicaid certified eligible facility or provider organization that acts as the location of the patient at the time a telehealth service is rendered, including substance abuse centers licensed by the Department of Human Services' Division of Alcoholism and Substance Abuse.
SB3075 - Hastings -
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that beginning July 1, 2018, and quarterly thereafter, the Department of Human Services shall submit to the General Assembly a written report providing, at minimum, for each State-operated mental health center and State-operated developmental center: (1) the number of employees; (2) the number of patient or resident initiated workplace violence incidents which occurred, including the number which were a direct assault on staff and the number which were a violent incident to which staff responded; (3) the number of employees impacted in each incident; and (4) the rate of workplace violence that quarter expressed as total number of employees impacted to total number of employees. Effective immediately.
SB3076 - McCann -
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that as the Department of Human Services establishes reimbursement rates that build toward livable wages for front-line personnel in programs serving persons with intellectual and developmental disabilities, the Department shall include rates for therapeutic schools and other programs serving children with intellectual and developmental disabilities. Defines "front-line personnel". Effective immediately.
SB3077 - McCann -
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that in determining the assets of an individual applying for medical assistance, the Department of Healthcare and Family Services shall disregard the cash value of a life insurance policy or prepaid funeral and burial contract or the equity value of any other assets which are intended to be used to pay the funeral and burial expenses of the individual. Provides that if the asset disregard requires federal approval, the Department shall submit the necessary application to the Centers for Medicare and Medicaid Services for a waiver or State Plan amendment to implement the asset disregard. Provides that implementation of the asset disregard shall be contingent on federal approval of the waiver or State Plan amendment.
Senate Judiciary Committee
Date: Feb. 27 - 3:15 PM
Location: 400 - Capitol - - Springfield, IL
SB2437 - Weaver - Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that as to any policy of life insurance insuring the life of either spouse, or any interest in such policy, that constitutes non-marital property, or constitutes marital property but was not specifically allocated between the parties as provided in the Act, a beneficiary designation made by or on behalf of the decedent prior to the entry of the judgment of dissolution or declaration of invalidity of marriage that provides for the payment or transfer at death of any of the proceeds of the policy to or for the benefit of the decedent's former spouse is void as of the time of the judgment of dissolution or declaration of invalidity of marriage and the policy proceeds shall pass as if the decedent's former spouse predeceased the decedent. Provides that a life insurance company that insures the life of either spouse or holds a policy in which either spouse has an interest will not be held liable for distributing the proceeds or transferring an interest in such a policy if it is disburses the proceeds or transfers the interest prior to the actual receipt of proof of the judgment of dissolution or declaration of invalidity of marriage
SB2973 - Biss - Creates a state-run workers' compensation insurance plan.
Senate Appropriations I Hearing Details
Date: Feb. 28 - 8:00 AM
Location: 400 - Capitol - - Springfield, IL
Subject Matter: FY 19 Budget Request For The Following Agencies: Central Management Services- SB3314, Dept. of Innovation and Technology- SB3326, Procurement Policy Board- SB3354, Department of Insurance- SB3325, SB 3314, SB 3326, SB 3354, SB 3325
Senate Insurance Hearing Details
Date: Feb. 28 - 3:30 PM
Location: 400 - Capitol - - Springfield, IL
SB2851 - Althoff -
Amends the Uniform Health Care Services Benefits Information Card Act. Includes dental service plans under the definition of "health benefit plan". Requires a uniform health care benefit information card or other technology for a dental service plan to include a statement that the dental service plan is fully insured.
JCAR Update
Since our last update, there has only been one new proposed rulemaking. DFPR proposed amendments to the Part titled Illinois Physical Therapy Act (68 IAC 1340; 42 Ill Reg 3239) implementing Public Act 100-418, which allows physical therapists to perform intramuscular manual therapy within their scope of practice - you might know that as "dry needling". The Chamber successfully added language to the original legislation that clarified that the scope of practice change did not result in an insurance coverage mandate.
Illinois Chamber Women's Conference
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Hear from inspiring women who've been through it and take away that energy to blaze your own path.
Register here
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