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Pritzker Unveils Budget Request
Last Wednesday, Gov. Pritzker outlined his proposed budget for FY2021. In the Healthcare and Human Services space, that means a budget of $38.5 billion, which is an increase of 4.3 percent over the previous fiscal year. For HFS, the proposed budget is $26.9 billion - a 2. 9 percent increase. Included is $500 million for the administration's Integrated Health Home Services program, which is scheduled to roll out this summer and continues the Department's efforts to take a holistic approach to care coordination.
Public Health included $4.5 million for a reinstated insurance marketplace navigator program, $1.5 million for lead screening, $1 million for Alzheimer's outreach and research, and $29 million for HIV/AIDS programs, among other initiatives.
But there is always a catch. The budget is predicated on the implementation of a progressive income tax. If the statewide constitutional amendment fails when it is put to voters this fall, there will be a budgetary shortfall of $1.4 billion, which the administration says they will fill with funding sweeps and appropriation reductions.
Legislative Odds and Ends
- The Illinois Health and Hospital Association has reached an agreement with the American Nurses Association regarding legislation to address nurse staffing. SB3636 has been introduced by Sen. Kimberly Lightford, and is a more pragmatic approach than Rep. Fred Crespo's mandatory nurse staffing ratio bill, which the Chamber opposes.
- The Illinois State Medical Society unveiled their prior authorization legislation this week at a press conference (Senate Bill 3822 and House Bill 5510). The Chamber is currently reviewing the legislation, but we have concerns about eroding tools that help make healthcare more affordable. We are confident a balance can be struck between ensuring access to high quality and affordable healthcare.
- Next week, the Chamber will participate in a stakeholder meeting regarding HB4888, which is a very problematic new pharmaceutical drug takeback regime.
- The first meeting of the mental health parity working group at the Department of Insurance is scheduled for next Friday. The medical necessity workgroup had their second meeting today.
- We have a last group of bills to preview for Chamber members which came in after our last update, which we will send out on Monday. In the interest of time, this week we will only highlight bills posted for committee.
Healthcare Committees Posted
House Committees Posted
Insurance Committee
Scheduled Date:
Feb 25, 2020 2:00PM
Location:
Room 114 Capitol Building
HB3965 - Welch -
Requires every insurance company authorized to do business in this State or accredited by this State with assets of at least $50,000,000 to submit an annual report on its voluntary supplier diversity program to the Department of Insurance. Sets forth provisions on what the report must include and how and when the report must be submitted. Provides that, for each report, the Department shall publish the results on its Internet website for 5 years after submission. Requires the Department to hold an annual insurance company supplier diversity workshop in February of 2021 and every February thereafter to discuss the reports with representatives of the insurance companies and vendors. Provides that the Department shall prepare a template for voluntary supplier diversity reports. Effective immediately.
HB4000 - McDermed - Amends the Illinois Insurance Code. Prohibits a life insurance company from denying coverage to an individual, limiting the amount, extent, or kind of coverage available to the individual, or charging an individual or group to which the individual belongs a different rate solely because the individual has been prescribed or has obtained through a standing order an opioid antagonist.
HB4137 - Morgan - Creates the Flood Insurance Act. Allows the Department of Insurance to require, through prior form approval, that an authorized insurer issues an insurance policy, contract, or endorsement that meets the private flood insurance requirements in a specified provision of federal law.
HB4433 - Morgan - Amends the Voluntary Health Services Plans Act. Provides that if a health services plan corporation furnishes dental services to the plan's subscribers and beneficiaries and these services are rendered by dentists licensed in Illinois, the board of trustees of the corporation shall appoint a Dental Director who shall be a dentist licensed to practice dentistry in Illinois. Provides that the Dental Director, under the board of trustees, shall have control of and responsibility for the dental and dental-related scientific aspects of the business of the corporation. Effective immediately.
Human Services Committee
Location:
Room C-1 Stratton Building
Scheduled Date: Feb. 26, 8:30 am
HB176 - Flowers - Amends the Illinois Public Aid Code. Provides that a redetermination of eligibility for medical assistance benefits shall be conducted once every 12 months. Effective January 1, 2020.
HB2069 - Jones - Amends the Illinois Health Facilities Planning Act. Creates the South Suburban Trauma Center Fund as a special fund in the State treasury. Provides for the deposit and use of moneys in the fund. Provides for duties of the Health Facilities and Services Review Board regarding a south suburban trauma center. Amends the Toll Highway Act. Provides for the use of specified toll revenue. Amends the State Finance Act to provide for the South Suburban Trauma Center Fund. Effective immediately.
HB3245 - Flowers - Amends the Illinois Public Aid Code. Provides that on and after January 1, 2020 no recipient of medical assistance shall be required to enroll or transition to the State's managed care medical assistance program. Provides that any recipient enrolled in a managed care health plan on January 1, 2020 shall be given the option to disenroll from the State's managed care medical assistance program and receive coverage under the State's fee-for-service program.
HB3662 - Flowers - Amends the University of Illinois Hospital Act and the Hospital Licensing Act. Provides that before using any diagnostic algorithm to diagnose a patient, a hospital must first confirm that the diagnostic algorithm has been certified by the Department of Public Health and the Department of Innovation and Technology, has been shown to achieve as or more accurate diagnostic results than other diagnostic means, and is not the only method of diagnosis available to a patient. Amends the Medical Patient Rights Act. Provides that a patient has the right to be told when a diagnostic algorithm will be used to diagnose them. Provides that before a diagnostic algorithm is used to diagnose a patient, the patient must first be presented with the option of being diagnosed without the diagnostic algorithm and consent to the diagnostic algorithm's use.
HB3889
- Ford - Amends the Illinois Controlled Substances Act. Provides that the requirements for transmitting information to the central repository under the Prescription Monitoring Program also apply to opioid treatment programs that prescribe Schedule II, III, IV, or V controlled substances for the treatment of opioid use disorder.
HB3948
- Gabel - Creates the Over the Counter Diet Pills Act. Prohibits the sale of over the counter diet pills to any person under 18 years of age. Provides that retail establishments selling over the counter diet pills must limit access, display, and provide access to over the counter diet pills designated by the Department of Public Health in specified manners. Provides that violations of the Act's provisions shall be punished as a business offense with a fine of no more than $2,000 and shall constitute an unfair method of competition and an unfair or deceptive act or practice under the Illinois Insurance Code. Requires the Department, in consultation with the United States Food and Drug Administration and stakeholders, to determine which over the counter diet pills shall have limited accessibility. Amends the Illinois Insurance Code to make a conforming change. Effective 180 days after becoming law.
HB4071 - Ford - Creates the Safer Consumption Services Act. Provides that, notwithstanding any provision of law to the contrary, the Department of Public Health may approve an entity to operate a program in one or more jurisdictions upon satisfaction of specified requirements relating to, among other things, the safe and hygienic use of preobtained drugs. Requires the Department to establish standards for program approval and training and allows it to adopt any rules that are necessary to implement the Act. Requires the Department to approve or deny an application within 45 days after its receipt. Provides that a program approved by the Department must also be designated as an authorized needle and hypodermic syringe access program under the Overdose Prevention and Harm Reduction Act. Provides reporting requirements for entities operating programs under the Act. Provides that, except for criminal prosecution for any activities that are not conducted, permitted, and approved pursuant to the Act, specified persons related to a program shall not be subject to civil or criminal liability solely for participation or involvement in the program if it is approved by the Department under the Act.
HB4122 - Demmer - Amends the Hospital Basic Services Preservation Act. Provides for the dissolution of the Hospital Basic Services Review Board. Provides that the Health Facilities and Services Review Board shall succeed to all of the powers, duties, rights, and property, including contractual rights and obligations, of the Hospital Basic Services Review Board. Makes conforming and other changes.
HB4342 - Bennett - Amends the Nursing Home Care Act. Allows long-term care facilities to provide an opioid treatment program if they receive written approval from the Department of Public Health. Provides requirements for such an opioid treatment program.
HB4681 - Evans - Creates the Kratom Consumer Protection Act. Requires dealers of kratom products to disclose specified information. Provides that dealers shall not prepare, distribute, sell, or expose for sale: kratom products or kratom-containing products that meet specified criteria; or any kratom product to an individual who is under 18 years of age. Provides penalties and establishes a private cause of action for violations of the Act. Provides that the Department of Public Health shall adopt rules for the administration and enforcement of the Act.
Health Care Licenses Committee
Scheduled Date:
Feb 26, 2020 10:00AM
Location:
Room 122B Capitol Building
HB197 - Flowers - Amends the Pharmacy Practice Act. Requires that at least one registered pharmacy technician be on duty whenever the practice of pharmacy is conducted. Requires that pharmacies fill no more than 10 prescriptions per hour. Requires 10 pharmacy technician hours per 100 prescriptions filled. Prohibits pharmacies from requiring pharmacists to participate in advertising or soliciting activities that may jeopardize patient health, safety, or welfare and any activities or external factors that interfere with the pharmacist's ability to provide appropriate professional services. Provides that a pharmacist shall receive specified break periods. Provides that a pharmacy may not require a pharmacist to work during a break period, shall make available a break room meeting specified requirements, shall keep a complete and accurate record of the break periods, and may not require a pharmacist to work more than 8 hours a workday. Provides for enforcement and penalties. Provides whistleblower protections for an employee of a pharmacy if the pharmacy retaliates against the employee for certain actions. Requires pharmacies to maintain a record of any errors in the receiving, filling, or dispensing of prescriptions.
HB2710 - Willis - HB 2710 (HFA 0001) is posted -
Replaces everything after the enacting clause. Reinserts the introduced bill with the following changes: Makes changes to the definitions of "licensed assistant behavior analyst" and "licensed behavior analyst". Makes changes to provisions concerning individuals not covered by this Act. Allows person that have met certain qualifications before the effective date of the Act to apply for licensure under the Act 20 months after the effective date of the Act. Provides that an assistant behavior analyst may also work under the supervision of a licensed clinical psychologist. Makes changes to provisions concerning qualifications for licensure, the Advisory Board of Behavior Analysts, grounds for disciplinary action, investigations, and hearings. Includes provisions concerning suspension of a license for failure to pay restitution; subpoenas, depositions, and oaths; and restoration of license. Removes references to "certifying entity". Makes other changes. Makes conforming changes in the Adult Protective Services Act and the Abused and Neglected Child Reporting Act. Effective immediately.
HB3684
- Ortiz - Amends the Hospital Licensing Act. Provides that the Department of Public Health may refuse to renew a license if (i) the hospital fails to provide to the Department a copy of its policy adopted under the Language Assistance Services Act, (ii) the Department determines that the hospital is not in compliance with its policy adopted under the Language Assistance Services Act, or (iii) the Department determines that the hospital is not in compliance with the Language Assistance Services Act. Effective January 1, 2020.
HB3936 - Scherer - Amends the Nurse Practice Act. Provides that the Department of Financial and Professional Regulation must issue or deny a license no later than 30 days after completion of the application for practical nurse and registered professional nurse licensure. Provides that the Department must issue or deny a license no later than 30 days after receiving the required documentation for advanced practice registered nurse licensure. Effective immediately.
Labor & Commerce Committee
Scheduled Date:
Feb 26, 2020 2:00PM
Location:
Room 114 Capitol Building
HB3361 - Crespo - HB 3361 (HCA 0002) also posted. Nurse payment bill.
Replaces everything after the enacting clause. Reinserts the introduced bill with the following changes. Expands the scope of the introduced bill to apply to nurses who are directed not to report to work and to nurses engaged in telemedicine. Provides that the report-to-work requirement is to be based upon an approved and distributed work schedule. Removes the requirements from the Minimum Wage Law and inserts those requirements into the Illinois Wage Payment and Collection Act. Effective January 1, 2020.
Personnel & Pensions Committee
Scheduled Date:
Feb 27, 2020 9:00AM
Location:
Room 118 Capitol Building
HB4036 - Scherer - Amends the State Employees Group Insurance Act of 1971. Defines "qualifying change in status" for the purpose of clarifying those persons who may be eligible for health coverage under the Act as an employee, spouse, or dependent due to such change in status. Makes a conforming change. Effective immediately.
Senate Committees
Special Committee on Opioid Crisis Abatement
Date: Feb. 25, 9:30 am
Location:
212 Capitol
Subject Matter On: State of Illinois Opioid Action Plan Implementation Report
(May 2018)
Public Health
Scheduled Date:
Feb 25, 2020 1:00PM
Location:
400 Capitol
SB2309 - Van Pelt - Creates the Unidentified Patient Act. Provides that the Act may be referred to as the Elisha Brittman Law. Provides that upon the arrival of an unidentified patient into a hospital's emergency department the hospital shall take specified efforts towards identifying the patient. Requires a hospital to contact the local law enforcement agency and request that a missing person report be completed for an unidentified patient if the specified efforts are not possible or are unsuccessful. Provides that local law enforcement should be requested to enter an unidentified patient into the Federal Bureau of Investigation's National Crime Information Center database. Requires hospital staff to contact local law enforcement to perform fingerprinting services in an effort to identify an unidentified patient. Provides that hospital staff shall make a referral to the hospital's public information officer to obtain specified identifying materials and submit them to local media outlets if the fingerprinting services are not possible or are unsuccessful. Provides that if a hospital receives a claim from an individual of being an unidentified patient's next of kin, a DNA sample may be collected from the unidentified patient and the individual and verified either on-site or at an associated laboratory, but must be provided on a voluntary basis and shall be used solely to help identify the unidentified patient and any familial relations. Provides that if law enforcement requests an unidentified patient's information to help identify a suspect, fugitive, material witness, or missing person, the hospital and hospital personnel must disclose only the information allowed under the federal Health Insurance Portability and Accountability Act of 1996. Defines terms.
SB2558 - Cunningham - Amends the Alzheimer's Disease and Related Dementias Services Act. Provides that, in lieu of specified training requirements, a licensed home services agency may accept proof that a staff member has successfully completed an Alzheimer's training program that satisfies the requirements of specified provisions of the Illinois Administrative Code at or through another licensed home services agency within the 365 days before the staff member's date of employment.
SB3107
- Hunter -
Creates the Sickle Cell Prevention, Care, and Treatment Program Act. Requires the Department of Healthcare and Family Services to establish a program for the purpose of providing for the prevention, care, and treatment of sickle cell disease and for educational programs concerning the disease. Requires the Department to: (1) develop application criteria and standards of eligibility for groups or organizations that apply for funds under the program; (2) develop standards for determining eligibility for individuals requesting care and treatment for sickle cell disease under the program; and (3) make available grants to groups and organizations who meet the eligibility standards set by the Department. Provides that the highest priority for grants shall be accorded to established sickle cell disease community-based organizations, and priority shall be given to ensuring the establishment of sickle cell disease centers in underserved areas that have a higher population of sickle cell disease patients. Provides that the program must: (i) increase access to health care, mental health resources, and pain management therapies for individuals with sickle cell disease; (ii) provide counseling to any individual, at no cost, concerning sickle cell disease and the sickle cell trait; (iii) provide for the establishment of additional sickle cell disease infusion centers; and (iv) provide for the development of a sickle cell disease educational outreach program. Requires the Department to conduct a study to determine the prevalence, impact, and needs of individuals with sickle cell disease and the sickle cell trait in Illinois. Amends the State Finance Act. Creates the Sickle Cell Chronic Disease Fund.
SB3184 - McGuire - Amends the Cadaver Act. Creates the Cadaver Advisory Council and tasks it with creating and maintaining a document containing current embalming techniques, preservation practices, and air quality testing from universities within the State, as well as recommendations regarding the administration of an anatomical education program. Requires the document to be made available on the Department of Public Health's website and kept up to date by the Department as it is maintained by the Council. Provides that the Council shall meet at least every 6 months. Provides that the Director of Public Health shall serve as the Council's chairperson alongside other specified members, who shall serve without compensation but may be reimbursed for reasonable and necessary expenses from funds appropriated to the Department for that purpose. Provides specified responsibilities for the chairperson, in consultation with Council members. Effective July 1, 2020.
Human Services
Scheduled Date:
Feb 25, 2020 3:00PM
Location:
409 Capitol
SB2520 - Aquino - Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that on and after July 1, 2020, the Department of Healthcare and Family Services shall administer a school-based dental program that allows for the out-of-office delivery of preventative dental services in a school setting to children under 19 years of age. Requires the Department to establish guidelines for participation by providers and set requirements for follow-up referral care based on each caries risk assessment code required for each student. Provides that every effort shall be made to ensure that children enrolled in the school-based dental program are assigned a primary dentist by allowing local dentists who practice within each school district the opportunity to participate in the school dental program prior to utilizing mobile dental services or dental providers outside the individual school boundaries. Provides that no provider shall be charged a fee by any unit of local government to participate in the school-based dental program administered by the Department. Effective immediately.
SB3301
- Morrison -
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that both individual and group tobacco cessation counseling shall be covered under the medical assistance program.
Licensed Activities
Scheduled Date:
Feb 26, 2020 3:00PM
Location:
400 Capitol
SB2340 - Fine - Amends the Illinois Controlled Substances Act. Provides that a prescriber who is licensed to prescribe controlled substances shall, prior to issuing a prescription for an opioid that is a Schedule II controlled substance, discuss with a patient who is under 18 years of age and is an emancipated minor, or with the patient's parent or guardian if the patient is under 18 years of age and is not an emancipated minor, the risks of developing a physical or psychological dependence on the opioid and, if the prescriber deems it appropriate, any alternative treatments as may be available. Provides that a prescriber who engages in a discussion required under this provision shall include a note in the patient's medical record indicating that the discussion took place. Provides that the discussion required under this provision shall not be required prior to issuing a prescription to any patient who is currently receiving hospice care from a comprehensive hospice licensed under the Hospice Program Licensing Act. Effective immediately.
SB2965 - Crowe - Amends the Illinois Dental Practice Act. Makes changes to the definitions of "branches of dentistry" and "teledentistry". Provides that a dentist may administer vaccinations to patients 18 years of age and older if it is a general policy or recommendation published by the Centers for Disease Control or the Director of Public Health. Effective immediately.
Insurance
Scheduled Date:
Feb 26, 2020 5:00PM
Location:
212 Capitol
SB1421 - Murphy - Amends the Fair Patient Billing Act. Provides that before pursuing a collection action against an insured patient for the unpaid amount of services rendered, a health care provider must review a patient's file to ensure that the patient does not have a Medicare supplement policy or any other secondary payer health insurance plan. Provides that if, after reviewing a patient's file, the health care provider finds no supplemental policy in the patient's record, the provider must then provide notice to the patient, and give that patient an opportunity to address the issue. Provides that if a health care provider has neither found information indicating the existence of a supplemental policy, nor received payment for services rendered to the patient, the health care provider may proceed with a collection action against the patient in accordance with specified provisions. Defines "supplemental policy". Makes a conforming change.
SB2462
- Holmes - Amends the Illinois Insurance Code. Provides that an insurer that issues a policy or contract insuring against liability for injury to any person or against liability for injury to or destruction of property, arising out of ownership or lease of residential one, 2, 3, or 4 dwelling real property, may cancel, charge, or impose an increased premium or rate for or refuse to issue or renew that kind of policy or contract based in whole or in part upon the harboring of a dog found to be vicious under the Animal Control Act upon the insured property. Provides that an insurer that issues a policy or contract insuring against liability for injury to any person or against liability for injury to or destruction of property, arising out of ownership or lease of residential one, 2, 3, or 4 dwelling real property, may not cancel, charge, or impose an increased premium or rate for or refuse to issue or renew that kind of policy or contract based in whole or in part upon the harboring of a specific breed of dog upon the insured property.
SB2470
- Murphy - Amends the Illinois Insurance Code. Provides that no individual or group policy of accident and health insurance or managed care organization shall change an insured's eligibility or coverage during a contract period. Provides that during a contract period, insureds shall have the protection and continuity of their providers, medication, covered benefits, and formulary during the contract period. Amends the Illinois Public Aid Code making conforming changes. (The Chamber is opposed)
SB2501
- Murphy - Amends the Illinois Insurance Code. Provides that a Medicare supplement policyholder is entitled to an annual open enrollment period lasting 60 days or more, commencing with the individual's birthday, during which time that person may purchase any Medicare supplement policy that offers benefits equal to or lesser than those provided by the previous coverage. Provides that, during the open enrollment period, an issuer of a Medicare supplement policy shall not deny or condition the issuance or effectiveness of Medicare supplemental coverage, nor discriminate in the pricing of coverage, because of health status, claims experience, receipt of health care, or a medical condition of the individual if, at the time of the open enrollment period, the individual is covered under another Medicare supplement policy or contract. Requires an issuer to notify a policyholder of his or her rights under this subsection at least 30 days and no more than 60 days before the beginning of the open enrollment period, and on any notice related to a benefit modification or premium adjustment.
SB2561 - Fine - Amends the Illinois Insurance Code. Requires an individual or group policy of accident and health insurance that provides telehealth services to provide reimbursement for such services at the same rate that such services are reimbursed for an in-person consultation and to reimburse a facility fee to the originating site. Allows the Director of Insurance to alter the dollar amount of this facility fee, and requires the Director to review the amount of the fee at least once every 5 years. Defines "originating site". Amends the Illinois Public Aid Code. Provides that services provided through telehealth shall be reimbursed at the same rate that such services are reimbursed for an in-person consultation. Effective immediately.
SB2740
- Fine - Amends the Illinois Insurance Code. Provides that an insurer that amends, delivers, issues, or renews group accident and health policies providing coverage for hospital or medical treatment or services for illness entered into on or after January 1, 2021 shall ensure that the insured have timely and proximate access to treatment for mental, emotional, nervous, or substance use disorders or conditions. Provides that network adequacy standards for timely and proximate access to treatment for mental, emotional, nervous, or substance use disorders or conditions must satisfy specified minimum requirements. Provides that if there is no in-network facility or provider available for an insured to receive timely and proximate access to treatment for mental, emotional, nervous, or substance use disorders or conditions in accordance with the minimum network adequacy standards, the insurer shall provide necessary exceptions to its network to ensure admission and treatment with a provider or at a treatment facility in accordance with those network adequacy standards. Effective immediately.
SB2771
- Fine - Amends the Illinois Insurance Code. Provides that an insurer, health maintenance organization, independent practice association, or physician hospital organization may not attempt a recoupment or offset until all appeal rights of a health care professional or health care provider are exhausted. Provides that no recoupment or offset may be requested or withheld from future payments 6 months or more after the original payment is made (rather than 18 months or more after the original payment is made). Effective January 1, 2021.
SB2891 - Harris - SB 2891 (SCA 0001) is posted -
Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that an insurer shall only offer a group or individual policy of accident and health insurance that does not require a covered individual to pay a deductible for covered prescription drugs and provides that the cost-sharing requirement for a covered individual for any given prescription drug may not exceed the amount of the copayment or coinsurance specified in the policy's summary of benefits and coverage. Provides that the requirement does not apply to any high deductible health plan. Provides that high deductible health plans may not impose a deductible requirement with respect to any preventative care identified by the Internal Revenue Service. Effective January 1, 2021.
SB3161
- Gillespie - Amends the Navigator Certification Act. Provides that certified application counselors are subject to the same certification requirements as navigators. Provides that navigators or certified application counselors may not engage in any unfair method of competition or any fraudulent, deceptive, or dishonest act or practice related to the health insurance marketplace or to that individual's or entity's absence of a conflict of interest in connection with the enrollment of any individuals or employees in a particular private health benefit plan. Provides that a navigator or certified application counselor who fails to timely file for certificate renewal shall be charged a late fee in an amount prescribed by the Director of Insurance. Replaces provisions concerning criteria and requirements for entities or individuals applying for a navigator certificate with language allowing the Director of Insurance to establish certification terms and requirements for completed applications and exemptions from certification by rule for navigator or certified application counselor certificates. Revises the meaning of the terms "certified application counselor" and "navigator". Makes other changes. Effective immediately.
JCAR Update
DOI proposed a new Part titled Prior Notification of Dividends or Distributions (50 IAC 1305; 44 Ill Reg 3039) implementing PA 100-1118. The new Part requires domestic captive insurance companies that are required to notify DOI of dividends or other distributions to do so in writing within 5 business days following the declaration of a dividend/distribution and no less than 10 business days prior to payment. Information that must be contained in the notification includes the amount of the dividend/distribution and the date of payment; whether the dividend or distribution is in cash or in other property; and a brief statement of the effect of the proposed dividend upon the insurer's surplus. Failure to timely file this notification subjects the company to penalties under the Insurance Code.
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