Healthcare Council Update - Bill Introduction Deadline

HEALTHCARE COUNCIL

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AARON WINTERS

Executive Director

Healthcare Council

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847-334-6411

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Feb. 19, 2018

Good morning Healthcare Council, and Happy Presidents Day. The House is off this week, while the Senate is in session starting tomorrow. Last Friday was the bill introduction deadline for the House and the Senate, so we have a deluge of new bills to report. On to the update!

Budget Address Summary

Last Wednesday Governor Bruce Rauner gave his annual budget address and released his proposed FY19 budget. You can read the full speech here, and the full budget book can be found here. Administration budget highlights in the healthcare space include:

Funds opioid epidemic preparedness and prevention strategies and a system to track incidents of opioid overdoses

Continues funding for the AIDS Drug Assistance Program and the Breast and Cervical Cancer Screening Program, and funds the lead screening initiative

Continues wage increases for direct service providers for persons with developmental disabilities

Maintains funding levels for meals and nutrition services for seniors; funds approximately 62,000 Community Care Program clients; sustains funding for Adult Protection Services and the Office of the Long-Term Care Ombudsman

Continues a strategy to support older adults in their homes and communities as the aging population expands; and shifts approximately 11,000 clients from the Community Care Program to Managed Care Organizations administered by Healthcare and Family Services

Maintains full funding for Medicaid with a $14.5 billion funding level. Average enrollment is projected to continue to decline in fiscal year 2019 by 4,275. Total average enrollment is projected to be 3.13 million

Committees Scheduled This Week

Only the Senate is in session this week (although there is a subject-matter hearing for the House Mental Health Committee on Feb. 20). Below are the posted committees with healthcare-related bills.

Senate Public Health Committee

Date:                                      Feb. 20 - 1:00 PM

Location:                              400 - Capitol - - Springfield, IL

Healthcare Bills Posted:

SB2235 - Steans - Amends the Emergency Medical Services (EMS) Systems Act. For provisions concerning hospital stroke care, defines "stroke" as brain, spinal cord, or retinal cell death attributable to ischemic or hemorrhagic infarction that is consistent with the most current nationally-recognized, evidence-based stroke definitions. Provides that the Department of Public Health's certification criteria for Primary Stroke Centers shall be consistent with the most current nationally-recognized, evidence-based stroke guidelines that include the use of thrombolytic therapy and anticoagulation reversal medications to reduce (rather than the most current nationally-recognized, evidence-based stroke guidelines related to reducing) the occurrence, disabilities, and death associated with ischemic and hemorrhagic stroke (rather than associated with stroke).

SB2334 - Murphy - Mandates metal detectors at all non-ambulance hospital entrances

SB2524 - Rose - Requires the Department of Public Health and Illinois Emergency Management Agency to collaborate to review and recommend new State laws for the disposal of unused antibiotics. Provides that the Department and Agency shall submit the recommendations to the General Assembly by January 1, 2020.

SB2541 - Lightford - Amends the School Code. With respect to age-appropriate developmental screening and age-appropriate social and emotional screening, provides that the Department of Public Health must, no later than January 1, 2019, develop rules and appropriate revisions to the Child Health Examination form in conjunction with various organizations. Effective immediately.

SR1153 - Murphy - Urges the U.S. Congress to support funding for the research of Lyme disease and to further promote awareness of the effects of Lyme disease in the United States.

SR1369 - Van Pelt - Designates the month of October 2018 as Eczema Awareness Month.

SR1397 - Rose - Urges the U.S. Congress to review existing federal laws for the disposal of unused antibiotics and to pass new laws to prevent the creation of "superbugs" and to fund research into the treatment of, and creation of, new drugs to fight antibiotic resistant "superbugs".

Senate Human Services Committee

Date:                                      Feb. 20 - 2:30PM

Location:                              409 - Capitol - - Springfield, IL

Healthcare Bills Posted:

SB2189 - Connelly - Creates the Medicaid Smart Card Pilot Program Act. Requires the Director of the Department of Healthcare and Family Services to establish a Medicaid Smart Card Pilot Program to reduce the total amount of expenditures under the State's Medical Assistance Program.

SB2262 - Koehler - Amends the Illinois Public Aid Code. Provides that with respect to Managed Care Organization (MCO) contracts entered into between MCOs and providers of durable medical equipment and supplies, MCO in-network contracted fees paid to those providers shall at least be equal to the fee-for-service durable medical equipment fee schedule published on the Department of Healthcare and Family Services' website.

SB2265 - Hastings - Amends the Department of State Police Law. Requires the Department of State Police to compile and maintain an historic data repository relating to, among other missing persons, lost or missing individuals with developmental or intellectual disabilities, in order to develop and improve techniques utilized by law enforcement agencies when responding to reports of missing persons.

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.

SB2446 - Morrison - Requires the Department of Healthcare and Family Services to reimburse psychiatrists and federally qualified health centers for mental health services provided by advanced practice registered nurses certified in psychiatric and mental health nursing to medical assistance recipients via telepsychiatry.

SB2469 - Castro - Amends the Respite Program Act. In a provision requiring the Director of the Department on Aging to submit an annual report to the Governor and the General Assembly detailing the progress of the respite care services provided under the Act, provides that the report shall also include an estimate of the demand for respite care services over the next 10 years.

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.

SB2609 - Aquino - Amends the Mental Health and Developmental Disabilities Code. Provides that notwithstanding any of the provisions of the Code concerning the administration of psychotropic medication and electroconvulsive therapy, psychotropic medication or electroconvulsive therapy may be administered pursuant to a power of attorney for health care under the Powers of Attorney for Health Care Law or a declaration for mental health treatment under the Mental Health Treatment Preference Declaration Act over the objection of the recipient if the recipient has not revoked the power of attorney or declaration for mental health treatment as provided in the relevant statute.

Senate Judiciary Committee

Scheduled Date                     Feb. 20 - 2:30 PM

Location                                  400 - Capitol - - Springfield, IL

Insurance Bill Posted:

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

Senate Licensed Activities and Pensions Committee

Date:                                      Feb. 21 - 1:30 PM

Location:                              400 - Capitol - - Springfield, IL

Healthcare Bills Posted:

SB2587 - Syverson - Amends the Telehealth Act. Provides that "health care professionals" includes dentists.

SB2603 - Murphy - Creates the Music Therapy Licensing and Practice Act. Provides for licensure of music therapists by the Department of Financial and Professional Regulation.

SB2631 - Jones - Amends the Illinois Dental Practice Act. Changes references to "restricted faculty license" to references to "faculty license". Makes conforming changes.

New Bills

Hold on to your hats, folks. Bill introduction deadline was last Friday, so we have a very robust report on new healthcare-related legislation this week. Here are new bills since our last update, organized loosely by subject area. Be aware - not all legislation fits neatly into a category - for example, some insurance-related bills impact Medicaid, many DD/Mental Health/Long-term Care/CILAS impact Medicaid, etc.

Insurance

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.

HB4820 - Fine - Amends the Accident and Health Insurance Article of the Illinois Insurance Code. Provides that remittance advice for recoupment may not reject a Current Procedural Terminology code without clear explanation of the reasons. Requires remittance advice to provide for payment for all services provided, including when more than one procedure is performed in one day. Requires that a recoupment or offset be requested or withheld from future payments within 60 days (rather than 18 months) of the original payment, unless one of the specific exceptions applies. Amends the Illinois Public Aid Code. Allows the Department of Healthcare and Family Services to recover money improperly or erroneously paid, or overpayments, within 60 days of any payment.

HB4821 - Fine - Amends the Illinois Insurance Code. Provides that no individual or group policy of accident and health insurance amended, issued, delivered, or renewed in the State after the effective date of the amendatory Act that covers the treatment of stage 4 advanced, metastatic cancer shall limit or exclude coverage for a drug by mandating that the insured shall first be required to fail to successfully respond to a different drug or prove a history of failure of the drug unless the use of the drug is consistent with best practices for the treatment of stage 4 advanced, metastatic cancer and is supported by peer-reviewed medical literature. Makes conforming changes in the State Employee 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.

HB4825 - Evans - Amends the Illinois Insurance Code. Provides that all entities providing prescription drug coverage shall permit and apply a prorated daily cost-sharing rate to prescriptions that are dispensed by a pharmacy for less than a 30-day supply if the prescriber or pharmacist indicates the fill or refill could be in the best interest of the patient or is for the purpose of synchronizing the patient's chronic medications. Provides that no entity providing prescription drug coverage shall deny coverage for the dispensing of any drug prescribed for the treatment of a chronic illness that is made in accordance with a plan among the insured, the prescriber, and a pharmacist to synchronize the refilling of multiple prescriptions for the insured. Provides that no entity providing prescription drug coverage shall use payment structures incorporating prorated dispensing fees determined by calculation of the days' supply of medication dispensed. Provides that dispensing fees shall be determined exclusively on the total number of prescriptions dispensed. Establishes criteria for an entity conducting audits (either on-site or remotely) of pharmacy records. Provides that the Department of Insurance and Director of Insurance shall have the authority to enforce the provisions of the Act and impose financial penalties. Effective January 1, 2019.

HB4844 - Conroy - Amends the Illinois Insurance Code. Provides that, for purposes of treatment in the early stages of a mental health condition, a group or individual policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed shall provide coverage for the treatment of serious mental illnesses and serious emotional disturbances. Provides that coverage shall include, but not be limited to, certain evidence-based and evidence-informed bundled treatment approaches. Provides that payment for the services performed under the treatment models shall be based on all the components of the treatment model combined, rather than for each separate service. Provides that disability or functional impairment shall not be a precondition to receive treatment under the provisions. Provides that if federal regulations require the State to defray the cost of coverage for serious mental illnesses or serious emotional disturbances, then the provisions are inoperative and the State shall not assume any obligation for the cost of the coverage. Makes conforming changes in the State Employee 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, and the Voluntary Health Services Plans Act. Provides that the amendatory Act may be referred to as the Fair Insurance Coverage for Early Treatment of Serious Mental Health Conditions Act. Effective immediately.

HB4857 - Evans - Creates the Cancer Patient Choice Act. Provides that commercial insurance that covers specified radiation therapy for the delivery of a biological effective dose shall cover the delivery of the same biological effective dose for the same indication with physician-prescribed proton therapy and pay the same aggregate amount as an in-network service. Provides that the appropriate course of radiation therapy shall be determined and prescribed by the patient's treating radiation oncologist. Provides that the benefits required under the Act are subject to deductible and co-insurance amounts within the policy if the deductible and co-insurance are no greater than the deductible and co-insurance established for all other similar benefits within that policy. Provides that the Act does not apply to certain insurance coverage. Effective January 1, 2019.

HB4933 - Welter - Creates the Health Care Cost Estimate Act and amends the Illinois Insurance Code. Provides that prior to an admission, procedure, or service and upon request by a patient or prospective patient, a health care provider shall, within 2 working days, disclose the allowed amount or charge of the admission, procedure, or service. Provides that if the health care provider is unable to quote a specific amount in advance, the health care provider shall disclose the estimated maximum allowed amount or charge for the proposed admission, procedure, or service. Requires every company that issues, delivers, amends, or renews any individual or group policy of accident and health insurance to establish a toll-free telephone number and Internet website that enables consumers to request and obtain from the company, in real time, the estimated or maximum allowed amount or charge for a proposed admission, procedure, or service and the estimated amount the insured will be responsible to pay for a proposed admission, procedure, or service that is a covered benefit, based on the information available to the company at the time the request is made. Provides that if a patient or prospective patient is covered by a health insurance policy, a health care provider who participates as a network provider under the patient's or prospective patient's health insurance policy shall, upon request of the patient or prospective patient, provide, based on the information available to the health care provider at the time of the request, sufficient information regarding the proposed admission, procedure or service for the patient or prospective patient to use the applicable toll-free telephone number and Internet website of the provider of the health insurance policy.

HB4995 - Crespo - Amends the Illinois Insurance Code and the Illinois Public Aid Code. Requires that on or before July 1, 2019, the Department of Insurance and Department of Healthcare and Family Services to jointly develop a uniform prior authorization form to be used by prescribing providers to request prior authorization for prescription drug benefits. Provides that on and after January 1, 2020, or 6 months after the uniform prior authorization form is developed, whichever is later, health insurers, managed care organizations, and fee-for-service medical assistance programs that provide prescription drug benefits shall utilize and accept the uniform prior authorization form and prescribing providers may use the uniform prior authorization form. Provides criteria for developing the uniform prior authorization form. Provides requirements and limitations of prior authorization requests.

HB5160 - Lang - Amends the Illinois Insurance Code. Creates the Domestic Stock Company Division Article in the Code. Provides that a domestic stock company may divide into 2 or more resulting companies pursuant to a plan of division. Contains provisions concerning the contents of the plan of division, approval of the plan of division by the Director of Insurance, effects of a division, certificates of division, liabilities, and shareholder rights. Makes conforming changes in provisions concerning mergers and consolidations.

HB5251 - Fine - Amends the of the Illinois Insurance Code. Merges the Health Maintenance Organization Guaranty Association Article of the Health Maintenance Organization Act into the Illinois Life and Health Insurance Guaranty Association Law. Makes conforming changes. Provides that the rights, powers, privileges, assets, property, duties, debts, obligations, and liabilities of each association prior to merger shall remain with the members of the respective association. Provides the rights, powers, privileges, assets, property, debts, obligations, and liabilities of each association after the merger. Repeals the Health Maintenance Organization Guaranty Association Article of the Health Maintenance Organization Act. Makes other changes. Effective immediately.

SB2819 - Syverson - Amends the State Employee Health Savings Account Law. Provides that each employer under the Act may (rather than shall) make available to each eligible individual a health savings account program, if that individual chooses to enroll in the program. Provides that an employer who makes a health savings account program available may make an annual contribution, in an amount determined by the employer, into an eligible individual's health savings account. Removes language requiring an employer to annually deposit an amount equal to one-third of the annual deductible into an eligible individual's health savings account. Makes conforming changes.

SB2841 - Holmes - Amends the Counties Code, the Illinois Municipal Code, Illinois Insurance Code, the Health Maintenance Organization Act, and the Illinois Public Aid Code. In provisions concerning coverage for mammograms, provides that coverage shall also include a diagnostic mammogram when medically necessary, as determined by a physician licensed to practice medicine in all its branches, advanced practice registered nurse, or physician assistant. Makes changes to coverage for a comprehensive ultrasound screening and MRI. Effective immediately.

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. Effective immediately.

HB5351 - Bellock - Amends the Illinois Insurance Code. In provisions concerning coverage for telehealth services, if an individual or group policy of accident or health insurance provides coverage for telehealth services, it must provide coverage for licensed dietitians, nutritionists, and diabetes educators who counsel senior diabetes patients in the patients' homes to remove the hurdle of transportation for patients to receive treatment. Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services may authorize licensed dietitians, nutritionists, and diabetes educators to counsel senior diabetes patients in the patients' homes to remove the hurdle of transportation for patients to receive treatment.

HB5464 - Feigenholtz - Amends the Illinois Insurance Code. Provides that a group health insurance policy, an individual health policy, a group policy of accident and health insurance, group health benefit plan, qualified health plan that is offered through the health insurance marketplace, small employer group health plan, and large employer group health plan that is amended, delivered, issued, executed, or renewed in this State, or approved for issuance or renewal in this State, on or after the effective date of the amendatory Act, shall provide unlimited benefits for inpatient and outpatient treatment of mental, emotional, nervous, or substance use disorder or conditions at in-network facilities. Provides specified benefits for treatment of mental, emotional, nervous, or substance use disorders or conditions.

HB5473 - Moeller - Amends the Illinois Insurance Code. In provisions concerning if an individual or group policy of accident or health insurance coverage for telehealth services, provides that all health care provider access information of provider directories shall include: whether the provider offers the use of telehealth or telemedicine to deliver services; what modalities the provider uses and what services through telehealth or telemedicine are provided; and whether the provider has the ability and willingness to include in a telehealth or telemedicine encounter a family caregiver who is in a separate location than the patient, if the patient wishes and provides consent. Amends the Telehealth Act. Provides that an insurance company or health plan that provides health care professional or provider directories shall include: whether the provider offers the use of telehealth to deliver services; what modalities the provider uses and what services through telehealth or telemedicine are provided; and whether the provider has the ability and willingness to include in a telehealth encounter a family caregiver who is in a separate location than the patient, if the patient wishes and provides consent. Effective immediately.

HB5582 - Hammond - Amends the Illinois Insurance Code. In provisions concerning confidential treatment, provides that specified information shall remain confidential and privileged with the exception of information submitted pursuant to provisions concerning acquisition of control or merger with domestic companies that is not personal financial information. In provisions concerning accident and health reserves, removes language requiring the Director of Insurance from time to time to adopt rules requiring the use of appropriate tables of morbidity, mortality, interest rates, and valuation methods for such reserves. Provides that the Director may to enter into written agreements to share confidential insurer records or information with the International Association of Insurance Supervisors. Repeals provisions concerning grounds for disapproval of a management contract or service agreement, reports by certain property and casualty insurers, participating and non-participating policies, and burial societies. Amends the Health Maintenance Organization Act. Changes the definition of "organization" to mean any domestic insurance company (rather than any insurance company). Effective immediately.

HB5583 - Hammond - Amends the Illinois Insurance Code. In provisions concerning an application blank in a life or accident and health policy form, removes language allowing the Director of Insurance to extend the period to approve or disapprove a form by not more than 30 days. Provides that an insurer may request by electronic notification that the extension end on a specified date, but no sooner than 30 days after the request. Makes other changes.

HB5769 - Conroy - Amends the Illinois Insurance Code and the Illinois Public Aid Code. Requires that on or before July 1, 2019, the Department of Insurance and Department of Healthcare and Family Services shall jointly develop a uniform prior authorization form to be used by prescribing providers to request prior authorization for prescription drug benefits. Provides that on and after January 1, 2020, health insurers and managed care organizations that provide prescription drug benefits shall utilize and accept the uniform prior authorization form and prescribing providers may use the uniform prior authorization form. Provides criteria for developing the uniform prior authorization form. Provides requirements and limitations of prior authorization requests. Effective January 1, 2019.

HB5776 - Yingling - Amends the Health Care Services Lien Act. Provides that "health care benefit plan" means an insurance plan provided by any public or private medical insurance provider. Adds procedures requiring a health care professional or health care provider to submit all charges to the patient's health care benefit plan prior to filing the notice of the lien. Provides that the patient's health care benefit plan shall not deny payment on the basis that a third party or other insurance carrier is responsible for the patient's injuries. Provides that the amount of the lien shall be limited to the amount the health care professional or the health care provider would have received if the charges were covered by the patient's health care benefit plan. Adds provisions concerning health care benefit plan subrogation claims. Provides that a health care professional or a health care provider that recovers under a judgment, verdict, or settlement is responsible for the pro rata share of the legal and administrative expenses incurred in obtaining the judgment, verdict, or settlement. Makes other changes.

SB3213 - Bush - Amends the Illinois Insurance Code. Provides that, for purposes of treatment in the early stages of a mental health condition, a group or individual policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed shall provide coverage for the treatment of serious mental illnesses and serious emotional disturbances. Provides that coverage shall include, but not be limited to, certain evidence-based and evidence-informed bundled treatment approaches. Provides that payment for the services performed under the treatment models shall be based on all the components of the treatment model combined, rather than for each separate service. Provides that disability or functional impairment shall not be a precondition to receive treatment under the provisions. Provides that if federal regulations require the State to defray the cost of coverage for serious mental illnesses or serious emotional disturbances, then the provisions are inoperative and the State shall not assume any obligation for the cost of the coverage. Makes conforming changes in the State Employee 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, and the Voluntary Health Services Plans Act. Provides that the amendatory Act may be referred to as the Fair Insurance Coverage for Early Treatment of Serious Mental Health Conditions Act. Effective immediately.

SB3243 - Mulroe - Amends the Illinois Insurance Code. Creates the Domestic Stock Company Division Article in the Code. Provides that a domestic stock company may divide into 2 or more resulting companies pursuant to a plan of division. Contains provisions concerning the contents of the plan of division, approval of the plan of division by the Director of Insurance, effects of a division, certificates of division, liabilities, and shareholder rights. Makes conforming changes in provisions concerning mergers and consolidations.

SB3244 - Mulroe - Amends the of the Illinois Insurance Code. Merges the Health Maintenance Organization Guaranty Association Article of the Health Maintenance Organization Act into the Illinois Life and Health Insurance Guaranty Association Law. Makes conforming changes. Provides that the rights, powers, privileges, assets, property, duties, debts, obligations, and liabilities of each association prior to merger shall remain with the members of the respective association. Provides the rights, powers, privileges, assets, property, debts, obligations, and liabilities of each association after the merger. Repeals the Health Maintenance Organization Guaranty Association Article of the Health Maintenance Organization Act. Makes other changes. Effective immediately.

SB3451 - Munoz - Creates the Insurance Industry Innovation Act. Creates the Innovation Division in the Department of Insurance. Provides that a covered entity may submit a petition to the Department to request to enter into an enforceable compliance agreement. Provides that the Director of Insurance shall complete a review of the petition and notify the covered entity of the Department's determination. Provides the specific factors the Department shall use in determining whether or not to approve a petition. Provides the specific requirements of an enforceable compliance agreement. Provides that the Department shall submit an annual report to the General Assembly beginning July 1, 2019 regarding the aggregate impact of enforceable compliance agreements. Provides that the Department shall establish the cost of each petition. Provides that the Director may adopt rules as necessary to implement the Act. Provides that the Act shall be repealed on January 1, 2024. Effective immediately.

SB3491 - Holmes - Amends the Network Adequacy and Transparency Act. Provides that the Act does not apply to an individual or group policy for dental or vision insurance. Provides that a network plan shall not be subject to any fines or penalties for information that the provider submits that is inaccurate or incomplete. Effective immediately.

SB3498 - Sims - Amends the Managed Care Reform and Patient Rights Act. Requires a policy or plan sponsor to notify the prescribing physician and the patient in writing 60 days before making a formulary change that alters the terms of coverage or discontinues coverage for a prescribed drug that the patient is receiving. Contains provisions for receiving the notice electronically. Provides that a policy or plan sponsor may provide the patient with the written notification, along with a 60-day supply of the prescription drug, at the time the patient requests a refill. Provides that nothing in the provisions prohibits insurers or pharmacy benefit managers from using certain managed pharmacy care tools so long as an exception process is in place allowing the prescriber to petition for coverage a non-preferred drug if sufficient clinical reasons justify an exception to the normal protocol.

Medicaid/MCOs

HB4736 - Crespo - Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that notwithstanding any other provision of law, the Department of Healthcare and Family Services shall not require children made eligible for medical assistance through any home and community-based services waiver program for medically fragile and technology dependent children authorized under the Social Security Act to enroll in or transition to the State's managed care medical assistance program. Provides that any medically fragile and technology dependent child who is enrolled in the State's managed care medical assistance program on or before the effective date of the amendatory Act shall be given the option to disenroll from the State's managed care medical assistance program and receive medical assistance coverage under the State's traditional fee-for-service program.

HB4779 - Bourne - Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to provide coverage for applied behavior analysis and other social therapies for children with autism who otherwise qualify for medical assistance. Requires the Department to establish, by rule, treatment criteria and reimbursement methodologies for the covered services. Effective immediately.

HB5100 - Hernandez - 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.

SB2827 - Murphy - Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that drugs prescribed to residents of the following facilities are not subject to prior approval as a result of the 4-prescription limit: long-term care facilities as defined in the Nursing Home Care Act; community-integrated living arrangements as defined in the Community-Integrated Living Arrangements Licensure and Certification Act; and supportive living facilities as defined in the Code.

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.

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.

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.

HB5308 - Lilly - Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall not require any person committed to the custody of the Department of Corrections who is eligible for medical assistance to pay a fee as a co-payment for services.

HB5433 - Crespo - Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to calculate the payout ratios reported by managed care organizations no less frequently than annually and to post these calculations on its website. Provides that the minimum payout ratio shall be 85% and that a managed care organization not meeting the 85% threshold must refund to the State, for each coverage year, an amount equal to the difference between the calculated payout ratio and 85% multiplied by coverage year revenue for that managed care organization. Defines "payment ratio". Requires the Department to exclusively use paid claims data submitted by managed care organizations in establishing managed care capitation rates. Provides that managed care organizations shall not be reimbursed by the State for any costs associated with health insurance fees.

HB5658 - Reis - Creates the Medicaid Smart Card Pilot Program Act. Requires the Director of the Department of Healthcare and Family Services to establish a Medicaid Smart Card Pilot Program to reduce the total amount of expenditures under the State's Medical Assistance Program. Provides that the pilot program shall be designed to reduce the average monthly cost under the State's Medical Assistance Program for recipients within the pilot program area by an amount that is at least sufficient to recover the cost of implementing the pilot program. Provides that the Director shall determine the geographic area to be included in the pilot program and may contract with an independent entity for the purpose of developing and implementing the pilot program. Contains provisions on required activities under the pilot program, including the distribution of Medicaid Smart Cards to designated recipients; measures the Department might take to implement the pilot program; annual evaluations; reporting requirements; extension or expansion of the pilot program; the confidentiality of health information; reports to the Inspector General; and rulemaking authority.

HB5659 - Breen - Amends the Medical Assistance Article of the Illinois Public Aid Code. Creates the Interagency Task Force on Medicaid Fraud to: (i) determine best practices for addressing Medicaid fraud under the State's Medical Assistance Program; (ii) improve communication between the Department of Human Services, the Department of Healthcare and Family Services, and the Illinois State Police concerning matters involving Medicaid fraud; and (iii) recommend legislation aimed at making investigations of Medicaid fraud by the Department of Human Services and the Department of Healthcare and Family Services more efficient and effective. Contains provisions concerning Task Force meetings; appointed members; reporting requirements; and other matters. Effective immediately.

HB5660 - Durkin - Amends the Public Assistance Fraud Article of the Illinois Public Aid Code. Increases the criminal and civil penalties for medical assistance fraud committed by individuals and corporations.

HB5669 - Martwick - Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to report each managed care organization's operational performance concerning actual administrative costs incurred; the medical loss ratios for the previous 4 calendar years; all Medicaid provider payment data for all services; and the amount of denied claims. Requires each managed care entity to self-report the same information and publish it on a monthly basis on the managed care entity's website as soon as practical but no later than July 1, 2018. Requires the Department to: (i) regularly monitor the actual administrative costs incurred by Medicaid Managed Care Entities to ensure that the administrative costs do not exceed what is allowed by contract; (ii) annually calculate the medical loss ratios for the previous 4 calendar years, and beginning no later than July 1, 2018, annually determine whether the State should be reimbursed by the Medicaid Manage Care Entities due to overpayment; (iii) require all Medicaid Managed Care Entities to regularly submit all Medicaid provider payment data for all services; and other duties. Effective immediately.

HB5804 - Costello - Amends the Medical Assistance Article of the Illinois Public Aid Code. In provisions exempting certain providers from the 180-day time period to submit a claim or bill for payment, provides that in the case of services for which the Department of Healthcare and Family Services requires paper submittal or hand-pricing, a new 180-day period shall be initiated once the Department notifies the provider of a denial or rejection. Provides that the exception applies to claims initially submitted on or after July 1, 2015 and prior to December 31, 2018. Requires the Department to notify providers of the new 180-day period and requirements. Provides that the Department may authorize resubmittal or payment for unpaid claims past the 180-day period in the case of a provider whose average payment cycle from the start of the 180-day period to payment by the State Comptroller is greater than 30 days and the provider made a good faith effort to make timely payment and did not receive notice of a billing error, denial, or rejection by the Department.

SB3306 - Rose - Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to submit to the U.S. Department of Health and Human Services a demonstration waiver application pursuant to the Social Security Act to establish community engagement and work requirements for able-bodied adults without dependent children who apply for or receive medical assistance. Provides that the waiver application shall propose to align the number of required community engagement and work hours to the work requirements under the Supplemental Nutrition Assistance Program by requiring all non-exempt individuals to complete 20 hours per week (80 hours per month) of qualifying activities to remain eligible for medical assistance benefits. Provides that under the waiver, certain persons shall be exempt from the community engagement and work requirements, including children under the age of 19, pregnant women, and full-time students. Provides that implementation of the community engagement and work requirements shall be contingent on the receipt of all necessary federal waivers or approvals.

Mental Health/DD/Long-term Care/CILAS

HB4771 - Spain - Amends the Illinois Public Aid Code. Requires the Department of Human Services and the Department of Healthcare and Family Services' Office of the Inspector General to perform the following actions to ensure that applicants submit completed applications for long-term care benefits: (i) provide each applicant with a checklist of information and documents the applicant must submit to complete an application for long-term care benefits; (ii) notify each applicant of the date upon which such information or documents were received by the Department; (iii) update and maintain the Department's computer hardware and software to ensure each applicant receives a timely response to any email sent by the applicant to the Department; and (iv) notify each applicant of the 30-day time period to submit all requested information or documents to the Department.

HB4836 - Ives - Amends the Developmental Disability and Mental Disability Services Act. Provides that in one's "own home" means that an adult with a mental disability lives alone; or that an adult with a mental disability is in full-time residence with his or her parents, legal guardian, or other relatives; or that an adult with a mental disability is in full-time residence in a setting not subject to licensure under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, the MC/DD Act, or the Child Care Act of 1969 with 5 (rather than 3) or fewer other adults unrelated to the adult with a mental disability who do not provide home-based services to the adult with a mental disability.

HB4847 - Demmer - Amends the Adult Protective Services Act. Expands the definition of "eligible adult" to include an adult who resides in any of the facilities that are excluded from the definition of "domestic living situation" if either: (i) the alleged abuse or neglect occurs outside of the facility and not under facility supervision and the alleged abuser is a family member, caregiver, or another person with a continuing relationship with the adult; or (ii) the alleged financial exploitation is perpetrated by a family member, caregiver, or another person with a continuing relationship with the adult, but who is not an employee of the facility where the adult resides.

HB4852 - Long - Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that beginning no later than October 1, 2018, and for each State fiscal year thereafter, the monthly personal needs allowance required under Title XIX of the Social Security Act for any person residing in a facility licensed under the Community-Integrated Living Arrangements Licensure and Certification Act who is determined to be eligible for medical assistance under the Code and who is enrolled in the State's Home and Community-Based Services Waiver Program for adults with developmental disabilities shall be no less than 15% of the individual's monthly Supplemental Security Income benefits or Social Security Disability Insurance benefits, or both, for the previous calendar year. Establishes a similar personal needs allowance amount for any person residing in a facility licensed under the ID/DD Community Care Act who is determined to be eligible for medical assistance under the Code beginning no later than October 1, 2018 and for each State fiscal year thereafter. Effective immediately.

HB4871 - Lang - Amends the Illinois Act on the Aging. In provisions concerning the Community Care Program, provides that within 30 days after the effective date of the amendatory Act, rates for adult days services shall be increased to $15.02 per hour and rates for each way transportation services for adult day services shall be increased to $10.30 per hour. Effective immediately.

HB4895 - Halpin - 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.

HB4913 - Andersson - Amends the Alcoholism and Other Drug Abuse and Dependency Act. Requires the Department of Human Services to develop and maintain an online registry for recovery residences that operate in Illinois. Defines "recovery residence" to mean a sober, safe, and healthy living environment that promotes recovery from alcohol and other drug use and associated problems. Requires non-licensable recovery residences to register with the Department. Provides that the registry shall be publicly available through online posting and shall highlight attributes of the recovery residences and their locations. Provides that registrants are encouraged to seek national accreditation from any entity that has developed uniform national standards for recovery residences. Effective January 1, 2019.

HB4918 - Lilly - Amends the Developmental Disability and Mental Disability Services Act. Provides that the Department of Human Services shall establish family resource centers throughout this State to provide counseling and mental health services to families who are indigent based on any behavior or mental health condition as determined by Department rule. Provides that the Department shall employ or contract with psychiatrists, clinical psychologists, clinical social workers, and licensed marriage and family therapists to provide those services.

HB4949 - Feigenholtz - Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for any person to engage in misleading or false advertising or promotion that misrepresents the need to seek mental health disorder or substance use disorder treatment outside of the State of Illinois. Requires any marketing, advertising, promotional, or sales materials directed to Illinois residents concerning mental health disorder or substance use disorder treatment to (i) prominently display or announce the full physical address of the treatment program or facility; (ii) include a link to the Internet website for the Department of Human Services' Division of Mental Health and Division of Alcoholism and Substance Abuse; and (iii) provide that mental health disorder and substance use disorder treatment may be available at a reduced cost or for free for Illinois residents. Prohibits arrangements under which a patient seeking mental health disorder or substance use disorder treatment is referred to a mental health disorder or substance use disorder treatment program or facility in exchange for a fee or other remuneration. Amends the Health Care Worker Self-Referral Act. Provides that a violation of any provision of the Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Amends the Medical Practice Act of 1987. Provides that a violation of the Act's prohibition against fee splitting constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.

HB4950 - Feigenholtz - 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. Requires the Department to apply, no later than September 30, 2019, for any necessary federal waiver or State Plan amendment to implement the pilot program. Requires the Department to implement the pilot program no later than December 31, 2019 if federal approval is not necessary. Contains provisions concerning the creation of a community-based treatment model under the pilot program; the development of a pay-for-performance payment model; Department rules to implement the pilot program; and analytics and outcomes report. Requires the Department to develop an Assertive Engagement and Community-Based Clinical Treatment Pilot Program for individuals with opioid and other drug addictions. Contains provisions on in-office, in-home, and in-community services provided under the pilot program; application for a federal waiver or State Plan amendment to implement the pilot program; development of a pay-for-performance payment model; Department rules to implement the pilot program; and analytics and outcomes report. Effective immediately.

HB5018 - Slaughter - 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.

HB5031 - Olsen - 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.

HB5081 - Bellock - Amends the Illinois Act on the Aging. Deletes a provision requiring the Department on Aging to make a grant to an institution of higher learning to study the feasibility of establishing and implementing an affirmative action employment plan for the recruitment, hiring, training, and retraining of persons 60 or more years old. In provisions authorizing the Department to make eligibility determinations for benefits administered by other governmental bodies based on the income eligibility limitation in the Senior Citizens and Persons with Disabilities Property Tax Relief Act, specifies a particular location in that Act. Provides that the Director of Aging shall receive an annual salary as set by the Compensation Review Board. Repeals a provision requiring the Director to give a bond of not less than $10,000 conditioned for the faithful performance of his or her duties. Amends the Property Tax Code. Deletes a provision requiring counties to include in property tax bills information that taxpayers may be eligible for benefits under the Senior Citizens and Persons with Disabilities Property Tax Relief Act and that applications are available from the Department on Aging. Effective January 1, 2019.

HB5109 - Lang - Creates the Community Behavioral Health Care Professional Loan Repayment Program Act.

HB5111 - Lang - Creates the Behavioral Health Workforce Act. Creates the Behavioral Health Education Center, administered by a teaching or research State university, or both. Provides that the Center shall be operational on or before July 1, 2019. Provides that the Center shall: (1) provide funds for 2 additional medical residents in a State-based psychiatry program each year beginning July 1, 2019 until a total of 8 additional psychiatry residents are added in 2022; (2) provide funds for 5 one-year doctoral-level psychology internships, master social workers, and master level clinical professional counselors in this State within 12 months after the effective date of this Act and every year thereafter and increase the number of interns in the program to 10 within 36 months after the effective date of this Act.

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). Defines "substance use disorder". Requires the Department to design, coordinate, and fund prevention, early intervention, treatment, and other recovery support services for substance use disorders that are accessible and address the needs of at-risk individuals and their families. Requires the Department to develop a comprehensive plan on the provision of such services; assist other State agencies in developing and establishing substance use disorder services for the agencies' clients; adopt medical and clinical standards on how to determine a substance use disorder diagnosis; and other matters. Contains provisions concerning the licensing of substance use disorder treatment providers; licensure categories and services; the identification of individuals who need substance use disorder treatment using "SBIRT"; patients' rights; services for pregnant women, mothers, and criminal justice clients; and other matters. Repeals a provision of the Act establishing the Committee on Women's Alcohol and Substance Abuse Treatment. Repeals a provision of the Act setting forth the powers and duties of the Medical Advisory Committee. Makes conforming changes concerning the Substance Use Disorder Act to several Acts including the Department of Human Services Act, the Children and Family Services Act, and the Mental Health and Developmental Disabilities Administrative Act. Effective January 1, 2019.

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.

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. Sets forth certain reimbursement rates for MC/DD facilities for date of services starting July 1, 2018. Requires MC/DD facilities to document within each resident's medical record the conditions or services using the minimum data set documentation standards and requirements to qualify for exceptional care reimbursement. Provides that the Department of Healthcare and Family Services shall be responsible for reimbursement calculations and direct payment for services. Imposes an assessment and licensing fee on MC/DD facilities. Creates the Medically Complex for the Developmentally Disabled Provider Fund for the purpose of receiving and disbursing assessment moneys, including making payments to intermediate care facilities for persons with a developmental disability that are also licensed as MC/DD facilities and making payments of any amounts which are reimbursable to the federal government. Makes other changes. Amends the State Finance Act to create the Medically Complex for the Developmentally Disabled Provider Fund. Effective immediately.

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.

SB2913 - Mulroe = Amends the Illinois Public Aid Code. Requires long-term care providers to submit all changes in resident status, including, but not limited to, death, discharge, changes in patient credit, third party liability, and Medicare coverage to the Department of Healthcare and Family Services through the Medical Electronic Data Interchange System, the Recipient Eligibility Verification System, or the Electronic Data Interchange System under a specified schedule. Requires the Department and other agencies to establish an expedited long-term care eligibility determination and enrollment system. Requires the Director of Healthcare and Family Services, in coordination with the Secretary of Human Services and the Director of Aging, to hold meetings for provider associations representing facilities licensed under the Nursing Home Care Act and certified as supportive living programs. Provides that the meetings shall be held every 6 weeks until all backlogged cases have been adjudicated and the application process has been reduced to the federal timeframe. Contains provisions concerning a 45-day extension of the federal eligibility application processing deadline in suspected cases of fraud; the identification of applicants who had full Medicaid benefits in the community for 6 months or more immediately before entering the long-term care facility; reporting requirements; public-private partnerships aimed at redeploying caseworkers to targeted high-Medicaid facilities for the purpose of expediting initial Medicaid and long-term care benefits applications; the establishment of a Health Insurance Portability and Accountability Act compliant database; and other matters. Effective immediately.

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. Requires the Department to apply, no later than September 30, 2019, for any necessary federal waiver or State Plan amendment to implement the pilot program. Requires the Department to implement the pilot program no later than December 31, 2019 if federal approval is not necessary. Contains provisions concerning the creation of a community-based treatment model under the pilot program; the development of a pay-for-performance payment model; Department rules to implement the pilot program; and analytics and outcomes report. Requires the Department to develop an Assertive Engagement and Community-Based Clinical Treatment Pilot Program for individuals with opioid and other drug addictions. Contains provisions on in-office, in-home, and in-community services provided under the pilot program; application for a federal waiver or State Plan amendment to implement the pilot program; development of a pay-for-performance payment model; Department rules to implement the pilot program; and analytics and outcomes report. Effective immediately.

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.

SB3117 - Bivins - Amends the Alcoholism and Other Drug Abuse and Dependency Act. Requires the Department of Human Services to develop and maintain an online registry for recovery residences that operate in Illinois to serve as a referral resource for individuals seeking continued recovery assistance. Defines "recovery residence" to mean a sober, safe, and healthy living environment that promotes recovery from alcohol and other drug use and associated problems. Encourages non-licensable recovery residences to register with the Department. Provides that the registry shall be publicly available through online posting and shall highlight attributes of the recovery residences and their locations. Provides that registrants are encouraged to seek national accreditation from any entity that has developed uniform national standards for recovery residences. Effective January 1, 2019.

HB5286 - Feigenholtz - Amends the Specialized Mental Health Rehabilitation Act of 2013. Provides that for a specialized mental health rehabilitation facility licensed under the Act by December 1, 2017 or provisionally licensed under the Act by December 1, 2017, a payment shall be made for therapeutic visits that have been indicated by an interdisciplinary team as therapeutically beneficial. Provides that the payment shall be at a rate of 100% of the facility's rate on the effective date of the amendatory Act for the first 5 days. Provides that, thereafter, payment for a therapeutic visit shall be at 75% of the facility's rate on the effective date of the amendatory Act and may not exceed 30 days in a fiscal year and shall not exceed 10 days consecutively. Provides that payment to a facility for a therapeutic visit shall be available to the facility through both fee-for-service and managed care payment arrangements. Effective July 1, 2018.

HB5288 - Andersson - Amends the Alcoholism and Other Drug Abuse and Dependency Act. Requires the Department of Human Services to develop and maintain an online registry for recovery residences that operate in Illinois to serve as a referral resource for individuals seeking continued recovery assistance. Defines "recovery residence" to mean a sober, safe, and healthy living environment that promotes recovery from alcohol and other drug use and associated problems. Encourages non-licensable recovery residences to register with the Department. Provides that the registry shall be publicly available through online posting and shall highlight attributes of the recovery residences and their locations. Provides that registrants are encouraged to seek national accreditation from any entity that has developed uniform national standards for recovery residences. Effective January 1, 2019.

HB5294 - Harris - 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. Sets forth certain reimbursement rates for MC/DD facilities for date of services starting July 1, 2018. Requires MC/DD facilities to document within each resident's medical record the conditions or services using the minimum data set documentation standards and requirements to qualify for exceptional care reimbursement. Provides that the Department of Healthcare and Family Services shall be responsible for reimbursement calculations and direct payment for services. Imposes an assessment and licensing fee on MC/DD facilities. Creates the Medically Complex for the Developmentally Disabled Provider Fund for the purpose of receiving and disbursing assessment moneys, including making payments to intermediate care facilities for persons with a developmental disability that are also licensed as MC/DD facilities and making payments of any amounts which are reimbursable to the federal government. Makes other changes. Amends the State Finance Act to create the Medically Complex for the Developmentally Disabled Provider Fund. Effective immediately.

HB5463 - Feigenholtz - Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that specific to the individual client assessment tool, each individual living in a community integrated living arrangement shall receive an annual client assessment. Provides that the annual client assessment shall be completed using the Health Risk Screening Tool. Provides that beginning January 1, 2019, each individual shall receive his or her annual client assessment via the web-based Health Risk Screening Tool. Provides that the Health Risk Screening Tool shall replace the current paper-based version of the assessment. Provides that the Department of Human Services shall make changes to the Illinois Administrative Code to correspond with this online version of the Health Risk Screening Tool. Effective immediately.

HB5500 - Feigenholtz - Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that reimbursement rates, including enhanced payment rates and rate add-ons, for psychiatric and behavioral health services provided in or by community mental health centers licensed or certified by the Department of Human Services shall not be lower than the rates for such services in effect on November 1, 2017. Provides that implementation of the reimbursement rates shall be contingent on federal approval.

HB5506 - Moeller - Amends the Nursing Home Care Act. Provides that by January 1, 2019 (rather than May 1, 2011), and quarterly thereafter, the Department of Public Health shall generate and publish quarterly a list of distressed facilities. Provides that criteria for inclusion of certified facilities on the list shall be those used by the Centers for Medicare and Medicaid Services for its Special Focus Facility List (rather than U.S. General Accounting Office in report 9-689, until such time as the Department by rule modifies the criteria). Provides that there shall be no more than 10 distressed facilities at any one time using the Centers for Medicare and Medicaid Services Special Focus Facilities criteria. Provides that the Department shall, by rule, adopt criteria to identify non-Medicaid-certified facilities that are distressed and shall publish this list quarterly beginning October 1, 2019 (rather than October 1, 2011). Provides that the Department may (rather than if the distressed facility does not seek the assistance of an independent consultant, the Department shall) place a monitor in (rather than place a monitor or a temporary manager in) the facility, depending on the Department's assessment of the condition of the facility. Provides that a distressed facility shall develop (rather than may contract with an independent consultant to develop and assist in the implementation of) a plan of improvement to bring and keep the facility in compliance with the Act and, if applicable, with federal certification requirements. Provides that by February 1, 2020 (rather than February 1, 2011), the Department of Public Health shall make a specified report to the General Assembly. Makes other changes. Effective immediately.

HB5511 - Conroy - Amends the Mental Health and Developmental Disabilities Code. Provides that upon a petition filed by a family or household member, peace officer, or the court on its own motion and after a hearing, the court may order a person, who is a person subject to involuntary admission on an outpatient basis and for whom involuntary admission is based on the person exhibiting signs of addiction, to an outpatient treatment program that is a designated program licensed under the Alcoholism and Other Drug Abuse and Dependency Act in the county of the person's residence or in the nearest county of his or her residence, if a designated program is not available in his or her county of residence. Notwithstanding any other provision of the Code to the contrary, if taking medication is included in the person's plan of outpatient treatment, and the person's compliance with taking the medication is of concern to the physician prescribing the medication, the physician may order that the medication be administered by a periodic depot dosage in accordance with rules adopted by the Department of Human Services. In the event of noncompliance of the person with taking the depot dosage of the medication, the physician shall inform: (1) the court, which may impose any sanctions which may have been waived as a result of the person's participation in outpatient treatment; and (2) the designated program for an assessment to determine what mental health services are appropriate to treat the person's addiction and where those services may be provided. Provides that the person shall be afforded the protections and procedures provided for in the Code. Provides that the period of involuntary admission based on addiction shall not exceed 90 days unless the person is subject to involuntary admission based on other factors described in the Code.

HB5537 - Jesiel - 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.

HB5538 - Gabel - Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services to create a program to select people listed on the Department's Prioritization of the Urgency of Need of Services (PUNS) database to receive housing and community-based support services. Provides that by June 30, 2022, no less than 50% of the persons selected from the PUNS database shall qualify for or receive community-based support services under the State's Home and Community-Based Services Waiver for Persons with Developmental Disabilities (State's Waiver Program); and no less than 50% of the persons selected from the PUNS database shall qualify for or receive both housing and community-based support services funded by the Department. Provides that by June 30, 2022, the Department shall fully eliminate the 8-person community-integrated living arrangements model as a housing option for persons eligible for services under the State's Waiver program and shall instead implement a flexible housing model, as defined by the Department by rule, that utilizes a needs-based sliding scale to determine a person's eligibility and placement for housing. Contains provisions concerning reporting requirements. Provides that implementation of the provisions shall be contingent on the receipt of all necessary federal approvals.

HB5539 - Gabel - Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services, by June 30, 2022, to select from the Prioritization of the Urgency of Need of Services (PUNS) database no fewer than 3,600 persons with intellectual or developmental disabilities to receive relevant State services and supports. Provides that no fewer than 600 persons shall be selected to receive services by June 30, 2019 and the numbers of persons selected shall increase each year thereafter until the list of persons in the PUNS is exhausted. Requires the Department to pursue all federal funding options for intellectual and developmental services and supports including applying for a demonstration waiver and a State Plan amendment to expand and increase the availability of services to persons with intellectual and developmental disabilities. Requires federal funding obtained under a demonstration waiver to be directed towards increasing the availability of permanent supportive housing and other community-integrated living arrangements. Requires federal funding obtained as a result of federal approval of a Medicaid State Plan amendment to fund a Illinois Children and Adult Home and Community-Based Services Pilot Program to expand and increase community-based services and housing options for adults and children eligible for services under the Department's Home and Community-Based Services Waiver programs. Provides that subject to federal approval, the availability of housing options and support services provided under a demonstration waiver or Medicaid State Plan amendment shall be fully implemented by June 30, 2022. Contains provisions on reporting requirements and other matters.

HB5541 - Sauer - 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.

HB5551 - Bellock - Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that for community-integrated living arrangements licensed under the Act, the Office of the State Fire Marshal shall provide the necessary fire inspection to comply with licensing requirements. Provides that the Office of the State Fire Marshal may enter into an agreement with another State agency to conduct this inspection if qualified personnel are employed by that agency. Removes language providing that code enforcement inspection of the facility by the local authority may occur if the local authority having jurisdiction enforces code requirements that are equal to those enforced by the State Fire Marshal. Provides that nothing in provisions concerning fire inspections shall limit a local authority with jurisdiction from conducting local code inspection and enforcement or (rather than shall prohibit a local fire authority) from conducting fire incident planning activities. Effective immediately.

HB5557 - Williams - Amends the Mental Health and Developmental Disabilities Code. Provides that electroconvulsive therapy may not be administered under the emergency treatment provisions of the Code but may be administered under the administration of psychotropic medication and electroconvulsive therapy provisions of the Code upon application to a court. Provides that the same written advisements about the treatment as required under other provisions of the Code of the side effects, risks, and benefits of the treatment, as well as alternatives to the proposed treatment, to the extent the advice is consistent with the recipient's ability to understand the information communicated and shall be given to the recipient as soon as the condition of the recipient permits and promptly to any substitute decision maker, unless already given under those provisions.

HB5558 - Williams - Amends the Mental Health and Developmental Disabilities Code. Provides that every facility shall also post conspicuously in public areas contact information for the Guardianship and Advocacy Commission and the agency designated by the Governor under the Protection and Advocacy for Persons with Developmental Disabilities Act to administer a State plan to protect and advocate the rights of persons with developmental disabilities in accordance with the requirements of the federal Developmental Disabilities Assistance and Bill of Rights Act.

HB5622 - Gabel - Amends the Mental Health and Developmental Disabilities Administrative Act and the Illinois Public Aid Code. Provides that the Department of Human Services shall establish reimbursement rates that build toward livable wages for front-line personnel in residential and day programs and service coordination agencies serving persons with intellectual and developmental disabilities, including, but not limited to, intermediate care for the developmentally disabled facilities, medically complex for the developmentally disabled facilities, community-integrated living arrangements, community day services, employment, and other residential and day programs for persons with intellectual and developmental disabilities supported by State funds or funding under Title XIX of the federal Social Security Act. Provides that the Department shall increase rates and reimbursements so that by July 1, 2018 direct support persons earn a base wage of not less than $13.50 per hour 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 $15 per hour and so that other front-line personnel earn a commensurate wage. Defines "front-line personnel". Effective immediately.

SB3179 - Murphy - Amends the Department of Human Services Act. Adds additional duties for the Inspector General for the Department of Human Services. Defines "substantiated" to mean that there is clear and convincing evidence (rather than a preponderance) to support the allegation of abuse, neglect, or financial exploitation. Amends the Mental Health and Developmental Disabilities Administrative Act. Defines "nurse-training". Changes the criteria for non-licensed authorized direct care staff. Provides that within one year after the bill's effective date, the Department shall prepare a report that identifies any efficiencies or improvements in Department operations, the oversight of agencies, and the reduction or elimination of duplicative activities. The report shall include a quality assessment of the feasibility of combining the functions of the Division of Developmental Disabilities' Bureau of Quality Management and the Department's Bureau of Accreditation, Licensure, and Certification. Upon the report's completion, the Department shall post the report on the Department's website and submit it to the General Assembly and Governor. Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that using contemporary data gathered on reports of allegations of abuse, neglect, and financial exploitation, the Department shall establish a process by which the Department requires responses from agencies that annually report a number of allegations that are 2 or more standard deviations from the mean for all agencies. Provides that if an agency has documented evidence and has determined that the agency cannot adequately staff a community-integrated living arrangement, then the agency may take immediate steps to close the community-integrated living arrangement. Effective immediately.

SB3232 - Rose - Amends the Illinois Public Aid Code. Creates a 5-year demonstration project within the Department of Human Services to provide an intensive workforce training program for entry level workers and a multi-generational healthy family initiative. Provides that the demonstration project shall be privately funded and shall be operated and maintained by a non-profit, community-based entity that shall provide wages earned by participants enrolled in the workforce training program as well as support services to families enrolled in the multi-generational healthy family initiative. Limits the number of participants in the demonstration to 500 and provides that participants shall qualify to have whatever financial assistance they receive from their participation in the demonstration excluded from consideration for purposes of determining eligibility for or the amount of assistance under the Code. Requires the selected community-based entity to comply with all applicable State and federal requirements and to develop and implement a research component to determine the effectiveness of the demonstration project in promoting and instilling self-sufficiency through its intensive workforce training program and multi-generational healthy family initiative. Contains provisions on reporting requirements and other matters.

SB3239 - Harmon - Amends the Specialized Mental Health Rehabilitation Act of 2013. Provides that for a specialized mental health rehabilitation facility licensed under the Act by December 1, 2017 or provisionally licensed under the Act by December 1, 2017, a payment shall be made for therapeutic visits that have been indicated by an interdisciplinary team as therapeutically beneficial. Provides that the payment shall be at a rate of 100% of the facility's rate on the effective date of the amendatory Act for the first 5 days. Provides that, thereafter, payment for a therapeutic visit shall be at 75% of the facility's rate on the effective date of the amendatory Act and may not exceed 30 days in a fiscal year and shall not exceed 10 days consecutively. Provides that payment to a facility for a therapeutic visit shall be available to the facility through both fee-for-service and managed care payment arrangements. Effective July 1, 2018.

SB3262 - Sims - 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.

SB3287 - Sims - 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. Sets forth certain reimbursement rates for MC/DD facilities for date of services starting July 1, 2018. Requires MC/DD facilities to document within each resident's medical record the conditions or services using the minimum data set documentation standards and requirements to qualify for exceptional care reimbursement. Provides that the Department of Healthcare and Family Services shall be responsible for reimbursement calculations and direct payment for services. Imposes an assessment and licensing fee on MC/DD facilities. Creates the Medically Complex for the Developmentally Disabled Provider Fund for the purpose of receiving and disbursing assessment moneys, including making payments to intermediate care facilities for persons with a developmental disability that are also licensed as MC/DD facilities and making payments of any amounts which are reimbursable to the federal government. Makes other changes. Amends the State Finance Act to create the Medically Complex for the Developmentally Disabled Provider Fund. Effective immediately.

SB3290 - Koehler - Amends the Illinois Public Aid Code. Changes the heading of Article V-F to the Nursing Home Residents' Managed Care Rights Law (rather than the Medicare-Medicaid Alignment Initiative (MMAI) Nursing Home Residents' Managed Care Rights Law). Expands the scope of the Article to apply to policies and contracts for the nursing home component of any Medicaid managed care program established by statute, rule, or contract, including, but not limited to, the Medicare-Medicaid Alignment Initiative Program, the Integrated Care Program, the HealthChoices Program, the Managed Long-Term Services and Support Program, and any and all successor programs. Grants the Department of Healthcare and Family Services rulemaking authority to implement this provision. Makes changes to the definitions for "enrollee", "managed care organization", and "transition period". Effective immediately.

SB3300 - T. Cullerton - Amends the Developmental Disability and Mental Disability Services Act. Provides that the Department of Human Services shall: (1) oversee the transition of adult persons with developmental disabilities in the State who qualify for Medicaid Waiver services, who reside in intermediate care facilities for persons with developmental disabilities with 9 or more residents, and who affirmatively request to receive community-based services or placement in a community-based setting; and (2) oversee the transition of adult persons with developmental disabilities in the State who qualify for Medicaid Waiver services, who reside in a family home, who are in need of community-based services or placement in a community-based setting, and who affirmatively request community-based services or placement in a community-based setting. Effective immediately.

SB3535 - Righter - Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that for community-integrated living arrangements licensed under the Act, the Office of the State Fire Marshal shall provide the necessary fire inspection to comply with licensing requirements. Provides that the Office of the State Fire Marshal may enter into an agreement with another State agency to conduct this inspection if qualified personnel are employed by that agency. Removes language providing that code enforcement inspection of the facility by the local authority may occur if the local authority having jurisdiction enforces code requirements that are equal to those enforced by the State Fire Marshal. Provides that nothing in provisions concerning fire inspections shall limit a local authority with jurisdiction from conducting local code inspection and enforcement or (rather than shall prohibit a local fire authority) from conducting fire incident planning activities. Effective immediately.

Licensure

HB4815 - Feigenholtz - Amends the Physician Assistant Practice Act of 1987. Removes language providing that a collaborating physician may collaborate with a maximum of 5 full-time equivalent physician assistants. Amends the Medical Practice Act of 1987, removes language providing that a physician licensed to practice medicine in all its branches may enter into collaborative agreements with no more than 5 full-time equivalent physician assistants except in a hospital, hospital affiliate, or ambulatory surgical treatment center.

HB4925 - Breen - Amends the School Code. With regard to the provision governing concussion protocol during an interscholastic athletic activity, provides that the term "physician" includes a chiropractic physician licensed under the Medical Practice Act of 1987.

HB4936 - Demmer - Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that notwithstanding any State licensing law to the contrary, the Department of Human Services shall adopt rules, which shall be implemented within 6 months after the effective date of the bill, that would allow a person who has completed a psychiatric training program certification from any branch of the United States Armed Forces with at least one year of experience in a mental health setting to be recognized as a mental health professional for purposes of programs authorized or funded by the Department under the standards of practice and under the direction of a licensed mental health professional as authorized by the Department. Defines "licensed mental health professional".

HB4953 - McAuliffe - Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that the Department of Financial and Professional Regulation shall require each new applicant complete a sexual harassment training program provided by the Department and each licensee complete a sexual harassment training program provided by the Department before renewal of his or her license. Contains minimum requirements for the content of the training. Provides that the Department shall compile a report annually that summarizes the sexual harassment training program that was completed during the previous year and prescribes the plan for the training program in the coming year and includes a list of individuals who failed to complete the required training program. Requires the Department to make the report available on its website. Effective immediately.

HB5070 - Bellock - Amends the Telehealth Act. Includes clinicians licensed to provide medical services under Illinois law in the definition of "health care professional".

HB5156 - Feigenholtz - Amends the Nurse Practice Act. In provisions concerning written collaborative agreements, restores the ability of podiatric physicians to collaborate with advanced practice registered nurses. Makes other changes. Effective immediately.

HB5163 - Moeller - Amends the County Care for Persons with Developmental Disabilities Act. Changes the short title of the Act to the Community Care for Persons with Developmental Disabilities Act. Makes the Act applicable to counties, municipalities, and townships (rather than just counties). Adds definitions, including "developmental disability". Allows the board of directors to add to the definition of "developmental disability" in its jurisdiction by a majority vote. Provides that the changes do not affect any established county community developmental disability boards. Provides that the Act will be reassigned to 50 ILCS 835. Amends the Property Tax Code and the Counties Code making conforming changes.

HB5164 - Moeller - Amends the Illinois Act on the Aging. Requires the Department on Aging to establish and implement a Community Care Program Medicaid Initiative to: provide targeted funding to care coordination units to help seniors complete applications for medical assistance benefits under the State's Medical Assistance program; provide a funding pool to help care coordination units make improvements to the application process; establish requirements for State agencies to make enrollment in the Medical Assistance program easier for seniors; and other matters. Creates the Community Care Program Medicaid Enrollment Oversight Task Force to make recommendations on how best to increase the number of Illinois residents who are enrolled in the Community Care Program and receive services not paid for under the Medical Assistance program although they may be eligible for benefits. Provides for the membership of the Task Force. Requires the Task Force to provide oversight to the Initiative and to meet quarterly to provide the Department with data on the number of persons who receive Community Care Program services and are eligible for medical assistance but are not enrolled in the Medical Assistance program. Requires the Department to publish such data on its website and to collaborate with other agencies to determine how best to achieve the responsibilities of the Initiative. Establishes payment incentives to care coordination units that assist seniors in completing medical assistance applications. Provides that the Initiative shall cease operation 5 years after the effective date of the amendatory Act, after which the Task Force shall dissolve.

HB5212 - Demmer - Amends the Illinois Occupational Therapy Practice Act and the Illinois Physical Therapy Act. Provides that the Department of Financial and Professional Regulation may issue an occupational therapist, occupational therapy assistant, physical therapist, or physical therapist assistant license to an applicant who is licensed under another jurisdiction upon filing an application, paying the required fee, and meeting requirements established by rule (rather than if the requirements for licensure in that jurisdiction were, at the date of licensure, substantially equivalent to the requirements in force in this State on that date or equivalent to the requirements of this Act). Provides that an applicant for endorsement shall meet the requirements for endorsement upon filing the application, paying the required fee, and showing proof of licensure in another jurisdiction for at least 10 consecutive years without discipline by certified verification of licensure by the jurisdiction. Effective immediately.

HB5495 - Bellock - Amends the Nurse Practice Act and the Physician Assistant Practice Act of 1987. Provides that the Secretary of Financial and Professional Regulation shall by rule provide for advanced practice registered nurses and physician assistants to admit patients to rural hospitals where they have privileges.

HB5496 - Phillips - Amends the Medical Practice Act of 1987. Provides that the Department of Financial and Professional Regulation may not refuse to renew, or take disciplinary action concerning, the license of any physician who continues prescribing previously prescribed medications to existing patients for 90 days after the expiration of his or her license if the physician's license is not timely renewed because of a clerical issue in the physician's renewal application. Effective immediately.

SB2904 - Steans - Amends the Physician Assistant Practice Act of 1987. Removes language providing that a collaborating physician may collaborate with a maximum of 5 full-time equivalent physician assistants. Amends the Medical Practice Act of 1987, removes language providing that a physician licensed to practice medicine in all its branches may enter into collaborative agreements with no more than 5 full-time equivalent physician assistants except in a hospital, hospital affiliate, or ambulatory surgical treatment center.

SB3116 - Hunter - Amends the Nurse Practice Act. In provisions concerning written collaborative agreements, restores the ability of podiatric physicians to collaborate with advanced practice registered nurses. Makes other changes. Effective immediately.

SB3126 - Martinez - Creates the Registered Neurodiagnostic Technologist Title Protection Act. Provides for registration of neurodiagnostic technologist by the Department of Financial and Professional Regulation. Prohibits a person from holding himself or herself out as a registered neurodiagnostic technologist without being registered by the Department. Establishes qualifications for registration as a neurodiagnostic technologist. Establishes the powers and duties of the Department, including prescribing fees for initial application and renewal of the registration, setting expiration and renewal period of the registration, defining the criteria for registration, investigating alleged violations of the Act, conducting hearings on disciplinary and other matters. Provides for grounds for disciplinary action. Provides for civil and criminal penalties for violations of this Act. Creates provisions concerning formal hearings, including record of proceedings, appointment of hearing officers, subpoenas and depositions, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Preempts home rule. Effective January 1, 2019.

HB5580 - Brady - Creates the Behavior Analyst Licensing Act. Provides for licensure of licensed behavior analyst and licensed assistant behavior analyst. Creates the Advisory Board of Behavior Analyst. Provides qualifications for licensure application. Establishes the powers and duties of the Department of Financial and Professional Regulation, including, but not limited to, adopting rules setting forth minimum standards for licensure, taking disciplinary or non-disciplinary actions and authorizing examinations. Provides for grounds for disciplinary actions. Provides for civil and criminal penalties for violations of this Act. Creates provisions concerning hearings, including record of proceedings, appointment of hearing officers, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Effective immediately.

SB3255 - Rose - Amends the Emergency Medical Services (EMS) Systems Act. Defines "Pre-Hospital Physician Assistant" or "PHPA". Includes Pre-Hospital Physician Assistants in the definition of "Emergency Medical Services Personnel". Adds PHPAs to provisions concerning licensing and educational requirements. Provides than an EMS Medical Director may immediately suspend a PHPA for specified reasons. Adds a PHPA to the State Emergency Medical Services Disciplinary Review Board. Adds PHPAs to provisions concerning misrepresentation. Makes other changes. Effective immediately.

SB3395 - Althoff - Amends the Illinois Occupational Therapy Practice Act and the Illinois Physical Therapy Act. Provides that the Department of Financial and Professional Regulation may issue an occupational therapist, occupational therapy assistant, physical therapist, or physical therapist assistant license to an applicant who is licensed under another jurisdiction upon filing an application, paying the required fee, and meeting requirements established by rule (rather than if the requirements for licensure in that jurisdiction were, at the date of licensure, substantially equivalent to the requirements in force in this State on that date or equivalent to the requirements of this Act). Provides that an applicant for endorsement shall meet the requirements for endorsement upon filing the application, paying the required fee, and showing proof of licensure in another jurisdiction for at least 10 consecutive years without discipline by certified verification of licensure by the jurisdiction. Effective immediately.

Hospitals/Providers/Health Facilities

HB4831 - Ives - Amends the Ambulatory Surgical Treatment Center Act. Removes provisions requiring the physician, podiatric physician, or dentist that performs surgery at an applicant facility to have surgery privileges with at least one Illinois hospital in order for the facility to receive a license.

HB4848 - Swanson - Amends the Code of Civil Procedure. Provides that notwithstanding any other provision of the law in recognition of service provided, a health care facility or health care practitioner shall provide without charge one complete copy of a patient's records if: (1) the patient is an indigent homeless veteran; and (2) the records are being requested by the patient or a person, entity, or organization presenting a valid authorization for the release of records signed by the patient or the patient's legally authorized representative, for the purpose of supporting a claim for federal veterans' disability benefits.

HB4886 - Fine - Creates the Access to Basic Mental Health Information Act. Provides definitions for "mental health facility", "physician", and "recipient". Provides that specified individuals are entitled, upon request, to obtain certain information regarding a recipient in a mental health facility if the individual declares that he or she is involved in the recipient's care or paying for the recipient's care and the individual meets specified requirements. Provides that an individual requesting information must submit to the mental health facility specified information. Provides that a mental health facility is required to receive information relevant to the recipient's mental health treatment. Provides that if the recipient requests the mental health record from the mental health facility, any information that was tendered to the mental health facility under a promise of confidentiality may be withheld from the recipient if disclosure of the information would be reasonably likely to reveal the source of the mental health information. Provides that whenever access or modification is requested, the request, the grounds for its acceptance or denial, and any action taken thereon shall be noted in the recipient's record. Provides that a mental health facility and its employees or agents are not liable for any action under the Act unless the release was made deliberately or the release constituted gross negligence. Provides that nothing in the Act constitutes an infringement on an individual's right to obtain mental health records of the recipient if the individual has another right to the mental health records by law, regulation, or consent of the recipient. Provides that the Act shall be liberally construed to allow receipt of mental health information to individuals entitled to a recipient's information. Provides that the Act supersedes the Mental Health and Developmental Disabilities Code and any other law that would be viewed to limit the access of an individual to a recipient's mental health records to the extent necessary to give the Act full implementation.

HB4891 - Davis - Amends the Illinois Health Facilities Planning Act. Provides that a majority of the filled appointments, but no less than 4 appointed members, to the Health Facilities and Services Review Board (currently, 5 members) shall constitute a quorum. Provides that the affirmative vote of the majority of the filled appointments, but no less than 4 appointed members, (currently, 5 members) shall be necessary for any action requiring a vote to be taken by the State Board. Effective immediately.

HB4892 - Davis - Amends the Illinois Health Facilities Planning Act. Provides that the Health Facilities and Services Review Board may approve the transfer of an existing permit without regard to whether the permit to be transferred has yet been financially committed, except for permits to establish a new facility or category of service. Provides requirements for the reporting of financial commitments by permit holders. Removes existing provisions regarding annual reporting by permit holders. Removes provisions concerning major construction projects. Modifies provisions regarding the application for permits or exemptions, and exemption regulations. Modifies provisions regarding the approval of a permit application. Modifies the powers and duties of the Board and Board staff. Makes changes regarding the revision of criteria, standards, and rules; the giving of written notice of the reduction in hospital service; and issues concerning bed inventory. Makes specified provisions concerning fines for permit holders also apply to exemption holders under the Act. Makes conforming and other changes. Effective immediately.

HB4872 - Lang - Amends the Workers' Compensation Act. Provides that when a patient notifies a provider that the patient is seeking treatment for a work-related injury, the provider shall bill the employer or its designee directly (currently only bill employer directly). Provides for the payment of interest to providers. Effective immediately.

HB5238 - Pritchard - Amends the Hospital Licensing Act. Provides that every physician employed by a hospital or hospital affiliate shall have specified rights relating to matters including compensation, academic freedom, medical records, evaluation of clinical activity, performance of activities outside of defined employed time, conflict of interest disclosures, resource management, and patient advocacy.

HB5245 - Unes - Amends the Sexual Assault Survivors Emergency Treatment Act. Adds various provisions concerning requirements for hospitals and pediatric health care facilities in relation to pediatric sexual assault care. Provides that a hospital licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act (rather than licensed under the Hospital Licensing Act) that provides general medical and surgical hospital services shall provide either transfer services to all sexual assault survivors, medical forensic services to all sexual assault survivors, or transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older (rather than transfer services or hospital emergency services and forensic services in relation to injuries or trauma resulting from sexual assault). Provides that a pediatric health care facility may provide medical forensic services to pediatric sexual assault survivors. Adds provisions concerning requirements placed on the Department of Public Health; consent to jurisdiction for pediatric health care facilities; storage, retention, and dissemination of photo documentation relating to medical forensic services; sexual assault services vouchers; pediatric sexual assault care; and requirements placed on the Attorney General. Makes other changes.

HB5345 - Lilly - Amends the University of Illinois Hospital Act and Hospital Licensing Act. Provides that notwithstanding any other provision of law, each hospital shall provide health insurance to all of its workforce.

SB3230 - Steans - Amends the Illinois Health Facilities Planning Act. Provides that a majority of the filled appointments, but no less than 4 appointed members, to the Health Facilities and Services Review Board (currently, 5 members) shall constitute a quorum. Provides that the affirmative vote of the majority of the filled appointments, but no less than 4 appointed members, (currently, 5 members) shall be necessary for any action requiring a vote to be taken by the State Board. Effective immediately.

Pharmaceuticals/Pharmacists

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. Provides that within 45 days after receipt of the request, the manufacturer or wholesale drug distributor shall submit the statement to the Attorney General. Provides that to accomplish the objectives and carry out the duties prescribed in the Act, the Attorney General may issue subpoenas or examine under oath any person to determine whether a manufacturer or wholesale drug distributor has violated the Act. Provides that upon petition of the Attorney General, a circuit court may issue specified orders against violations of the Act. Contains provisions concerning the disclosure of financial information provided by a manufacturer or wholesale drug distributor to the Attorney General. Effective January 1, 2019.

HB5602 - Carroll - Amends the Safe Pharmaceutical Disposal Act. Provides that "unused medication" means any unopened, expired, or excess medication that has been dispensed for patient or resident care and that is in a liquid or solid form (rather than in a solid form). Makes related changes.

SB2849 - Van Pelt - Creates the Prescription Drug Repository Program Act. Requires the Department of Public Health to, by rule, establish a prescription drug repository program, under which any person may donate a prescription drug or supplies needed to administer a prescription drug for use by an individual who meets eligibility criteria specified by the Department. Sets forth requirements that prescription drugs or supplies must meet in order to be accepted and dispensed under the program. Provides that no drugs or supplies donated under the prescription drug repository program may be resold. Provides that nothing in the Act requires that a pharmacy or pharmacist participate in the prescription drug repository program. Provides for civil and criminal immunity for drug and supply manufacturers and individuals in relation to the donation, acceptance, or dispensing of prescription drugs or supplies under the prescription drug repository program. Imposes conditions on any rulemaking authority. Amends the Pharmacy Practice Act, the Wholesale Drug Distribution Licensing Act, the Senior Pharmaceutical Assistance Act, the Illinois Food, Drug and Cosmetic Act, the Illinois Controlled Substances Act, and the Cannabis and Controlled Substances Tort Claims Act to provide that persons engaged in donating or accepting, or packaging, repackaging, or labeling, prescription drugs to the extent permitted or required under the Prescription Drug Repository Program Act are exempt from provisions of those other Acts that might prohibit or otherwise regulate such activity.

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.

SB2917 - Nybo - Amends the Epinephrine Auto-Injector Act. Provides that when an employee or agent of an authorized entity or other individual who has completed specified anaphylaxis training administers an epinephrine auto-injector in good faith, the authorized agency, and its employees and agents, including a physician, physician's assistant with prescriptive authority, or advanced practice registered nurse with prescriptive authority who provides a standing order or prescription for an epinephrine auto-injector, incur no civil or professional liability, except for willful and wanton conduct, as a result of any injury or death arising from the use of an epinephrine auto-injector. Provides that a health care professional shall not be subject to civil or professional liability for not providing an epinephrine auto-injector standing order or prescription.

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.

HB5442 - Durkin - Amends the Open Meetings Act. Provides that, for the purposes of the Act, "public body" does not include a Metropolitan Enforcement Group (MEG) Policy Board or drug task force composed or created by any combination of local law enforcement agencies. Amends the Criminal Code of 2012. Provides that a person commits drug-induced homicide when he or she violates delivery of a controlled substance or methamphetamine or a similar law of another jurisdiction, by unlawfully delivering a controlled substance to another, and the injection, inhalation, absorption, or ingestion of any amount of that controlled substance is a contributing cause of the person's death. Amends the Illinois Controlled Substances Act. Provides that controlled substances which are lawfully administered in hospitals or institutions licensed under the Hospital Licensing Act shall be reported under (rather than, exempt from) specified reporting provisions under the Act, and the prescription for the controlled substances ordered and the quantity actually administered (rather than, the reporting requirement only applies for more than a 72-hour supply of a discharge medication to be consumed outside of the hospital or institution). Provides that the information required to be transmitted under the prescription monitoring program must be transmitted not later than the end of the business day on which a controlled substance is dispensed, or at such other time as may be required by the Department of Human Services by administrative rule (rather than, at the end of the next business day on which the controlled substance is dispensed).

HB5747 - Mussman - Amends the Pharmacy Practice Act. Provides that "practice of pharmacy" includes the prescribing and dispensing of hormonal contraceptive patches and self-administered oral hormonal contraceptives. Defines "hormonal contraceptive patch" as a transdermal patch applied to the skin of a patient, by the patient or by a practitioner, that releases a drug composed of a combination of hormones that is approved by the United States Food and Drug Administration to prevent pregnancy and "self-administered oral hormonal contraceptive" as a drug composed of a combination of hormones that is approved by the United States Food and Drug Administration to prevent pregnancy and that the patient to whom the drug is prescribed may take orally. Allows pharmacists to prescribe and dispense contraceptives to a person over 18 years of age and a person under 18 years of age only if the person has evidence of a previous prescription from a primary care or a women's health care practitioner. Requires the Department of Financial and Professional Regulation to adopt rules to establish standard procedures for pharmacists to prescribe contraceptives. Provides requirements for the rules to be adopted by the Department. Provides that all State and federal laws governing insurance coverage of contraceptive drugs and products shall apply to the provisions.

SB3170 - Stadelman - Amends the Pharmacy Practice Act and the Illinois Food, Drug and Cosmetic Act. Provides that a prescription for medication other than controlled substances shall be valid for up to 15 months from the date issued for the purpose of refills, unless the prescription states otherwise.

SB3431 - Rezin - Amends the Illinois Controlled Substances Act. Provides that when issuing a prescription for an opiate to a patient 18 years of age or older for outpatient use for the first time, a practitioner may not issue a prescription for more than a 7-day supply. Provides that a practitioner may not issue an opiate prescription to a person under 18 years of age for more than a 7-day supply at any time and shall discuss with the parent or guardian of the person under 18 years of age the risks associated with opiate use and the reasons why the prescription is necessary. Provides that notwithstanding this provision, if, in the professional medical judgment of a practitioner, more than a 7-day supply of an opiate is required to treat the patient's acute medical condition or is necessary for the treatment of chronic pain management, pain associated with a cancer diagnoses, or for palliative care, then the practitioner may issue a prescription for the quantity needed to treat that acute medical condition, chronic pain, pain associated with a cancer diagnosis, or pain experienced while the patient is in palliative care. Provides that the condition triggering the prescription of an opiate for more than a 7-day supply shall be documented in the patient's medical record and the practitioner shall indicate that a non-opiate alternative was not appropriate to address the medical condition. Provides that these provisions do not apply to medications designed for the treatment of substance abuse or opioid dependence. Effective immediately.

MISC

HB5010 - Spain - Amends the Emergency Medical Services (EMS) Systems Act. Provides that the Department of Public Health shall permit EMS System participation by facilities contracted with the Department of Human Services to provide crisis psychiatric services. Provides that a facility contracted with the Department of Human Services to provide crisis psychiatric services seeking limited participation in an EMS System shall agree to comply with all Department of Public Health administrative rules implementing provisions concerning Emergency Medical Services (EMS) Systems. Provides that the Department of Public Health may adopt rules, including, but not limited to, the types of facilities contracted with the Department of Human Services to provide crisis psychiatric services that may participate in an EMS System and the limitations of participation. Effective January 1, 2019.

HB5069 - Bellock - Repeals the End Stage Renal Disease Facility Act. Amends the Illinois Health Facilities Planning Act, State Finance Act, and Alzheimer's Disease and Related Dementias Services Act to make corresponding changes.

HB5285 - Feigenholtz - Amends the State Prompt Payment Act. Provides that after the effective date of the amendatory Act, any bill approved for payment under the Act and pursuant to a health benefit plan under the State Employees Group Insurance Act of 1971 or submitted under Article V of the Illinois Public Aid Code, except a bill for pharmacy or nursing facility services or goods, must be paid or the payment issued to the payee in a timely manner. Provides that if payment is not issued to the payee in a timely manner, the following interest penalty shall apply to any amount approved and unpaid until final payment is made: the sum of the prime commercial rate plus 4.0% per year, applied pro rata for the amount of time the bill remains unpaid. Defines "prime commercial rate". Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that on and after January 1, 2019, psychiatrists approved by the Department of Healthcare and Family Services shall be reimbursed for psychiatric services at a rate that is no lower than 95% of the Medicare program's rates for specified codes.

HB5328 - Costello - Amends the Illinois Abortion Law of 1975. Provides that except in the case of a medical emergency, no physician or person shall knowingly perform, induce, or attempt to perform an abortion upon a pregnant woman when the probable gestational age of her unborn child has been determined to be at least 20 weeks.

SB3532 - Rose - Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Creates the Sepsis Review Task Force. Provides that the Task Force shall study sepsis early intervention and the prevention of loss of life from sepsis. Provides that the Task Force's study shall include, but not be limited to, patients' rights, advances in medical technology, medical record sharing, and best practices. Contains provision concerning the membership of the Task Force. Provides that the Department of Public Health shall provide the Task Force with administrative and other support. Effective immediately.

JCAR Update

HFS proposed amendments to Medical Payment (89 IAC 140; 42 Ill Reg 3040) concerning Medicaid community-based mental health services. The rulemaking clarifies what types of providers qualify for and the services for which they may be reimbursed.

Illinois Chamber Women's Conference

Illinois women are Second to No One. Yet, our presence in the boardroom, c-suite, and management levels, ranks at percentages better suited for centuries past. The Illinois Chamber of Commerce stands with our fellow females and presents this conference to empower our already Strong Women for a Stronger Illinois. Join us as we harness the experiences, leadership, and aspirations of women in business, politics, and the nonprofit world to explore what it takes to put more cracks in that glass ceiling. Hear from inspiring women who've been through it and take away that energy to blaze your own path.
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