AARON WINTERS
Executive Director
Healthcare Council
847-334-6411
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Feb. 9, 2018
Good morning, Healthcare Council, and if you are in northern Illinois today please stay safe with all the snow. Legislation continues to be introduced in Springfield, but committee activity so far has remained muted. Next Wednesday is the Governor's Budget Address and bill introduction deadline is Friday, Feb. 16. On to the update!
Legislative Week in Review
While healthcare-related activity in committees was fairly light this week, there were several notable developments.
- The Chamber has joined in opposing HB4146, which is Rep. Fine's legislation that would freeze health insurance prescription drug formularies during a health insurance plan year. Modifying a formulary (such as utilizing a new prescription drug, changing co-pays or revising tiers) is an important tool to help contain healthcare costs and one that should be preserved. If you have any questions or would like to learn more, please let me know.
- A working draft of the hospital assessment surfaced this week, with several amendments posted for the House Appropriations-Human Services Committee next week. You can read Rep. Greg Harris' update on the legislation here, along with a very brief summary.
- The Chamber joined Illinois Health & Hospital Association staff in discussing Sen. Laura Murphy's SB2334, which would require all hospitals to have metal detectors at all non-ambulance public entrances. The Chamber is opposed to this legislation as it would lead to delays in patient treatment, increases in hospital liability and new significant fiscal pressures on systems throughout the state. Sen. Murphy indicated she will not call the legislation next week.
Committee Hearings Scheduled
House Appropriations-Human Services Committee
Date: Tuesday, Feb. 13 - 9 am
Location: Room 114 - Capitol Building - - Springfield, IL
Healthcare Bills Posted:
House Human Services Committee
Date: Feb. 13 - 4 PM
Location: Room 122B - Capitol Building - - Springfield, IL
Healthcare Bills Posted:
HB2617 - Gabel - Health insurance mandate for fertility preservation resulting from medically-necessary procedures. The Chamber opposes.
HB3813 - Willis -
Adds provisions concerning required disclosures and contract requirements for providers of community-integrated living arrangements.
HR710 - Olsen - Eating Disorder Awareness Week
Senate Public Health Hearing Details
Date: Feb. 13 - 1:45 PM
Location: 400 - Capitol - - Springfield, IL
Healthcare Bills Posted:
SB2296 - Morrison-
Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health shall establish a registry, to be known as the Advance Directives Registry, under which residents of the State may submit specified advance directive forms to the Department.
SB2334 - Murphy -
Hospital metal detector mandate. Sponsor said she would not call this week.
SB2442 - Mulroe -
Provides that the Department of Public Health shall require every provider of mammography services to, if a patient's mammogram demonstrates dense breast tissue, provide notification to the patient in any summary of the mammography report sent to the patient pursuant to the federal Mammography Quality Standards Act that shall include, but not be limited to, certain information.
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.
Senate Human Services Hearing Details
Date: Feb. 13 - 3:15 PM
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.
Senate Judiciary Hearing Details
Date: Feb. 13 - 3:15 PM
Location: 400 - Capitol - - Springfield, IL
Life Insurance Bills 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.
New Legislation Filed
Below, please find healthcare-related bills filed since our last update. As always, please let me know if you are taking a position on any legislation.
Insurance and Mandates
SB2513 - Hastings -
Amends the Illinois Insurance Code. Creates an advisory council within the Department of Insurance to review and make recommendations to the Department regarding rules to be adopted by the Department concerning continuing education courses, course materials, curriculum, and credentials of instructors. Provides that the members shall be appointed by the Director of Insurance. Provides criteria for membership, length of terms, term limits, and quorum. Effective immediately.
SB2623 - Clayborne -
Amends the Illinois Insurance Code. Requires every insurance company authorized to do business in this State or accredited by this State with assets of at least $100,000,000 to submit an annual report on its voluntary supplier diversity program to the Department of Insurance. Sets forth provisions on what the report must include and how and when the report must be submitted. Provides that, for each report, the Department shall publish the results on its Internet website for 5 years after submission. Requires the Department to hold an annual insurance company supplier diversity workshop in February of 2019 and every February thereafter to discuss the reports with representatives of the insurance companies and vendors. Provides that the Department shall prepare a template for voluntary supplier diversity reports. Effective immediately.
HB4516 - Fine -
Amends the Illinois Insurance Code, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act to require coverage for hearing instruments and related services for all individuals under the age of 18 when a hearing care professional prescribes a hearing instrument. Provides that an insurer shall provide coverage for hearing aids subject to certain restrictions. Provides that an insurer shall not be required to pay a claim if the insured filed such a claim 12 months prior to the date of filing the claim with the insurer and the claim was paid by any insurer. Effective immediately.
HB4577 - Hoffman -
Amends the Illinois Insurance Code. Requires a group or individual policy of accident and health insurance that is amended, delivered, issued, or renewed after the effective date of the amendatory Act to provide coverage for the treatment of Neurofibromatosis Type 1, including surgical procedures. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Illinois Public Aid Code. Effective immediately.
HB4656 - Manley -
Amends the Illinois Insurance Code, the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Illinois Public Aid Code to require coverage for hearing instruments and related services for all individuals 65 years of age and older when a hearing care professional prescribes a hearing instrument. Provides that an insurer shall provide coverage for hearing instruments subject to certain restrictions. Provides that an insurer shall not be required to pay a claim if the insured filed such a claim 24 months prior to the date of filing the claim with the insurer and the claim was paid by any insurer.
HB4679 - Slaughter -
Amends the Illinois Insurance Code. Defines "surprise bill" to mean a bill for health care services received by certain out-of-network providers in which the enrollee did not knowingly elect to obtain those services from an out-of-network provider. Provides that a carrier shall require an enrollee to pay only certain expenses of a surprise bill that would be imposed for health care services if the services were rendered by a network provider. Provides for reimbursement to the out-of-network provider or enrollee at the average network rate, unless the carrier and out-of-network provider agree otherwise. Provides that if a carrier has an inadequate network, as determined by the Director of Insurance, the carrier shall ensure that the enrollee obtains covered service at no greater cost to the enrollee than if the service was obtained from a network provider or make other arrangements acceptable to the Director.
DD/Mental Health/Long-Term Care
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. Effective immediately.
HB4664 - Willis -
Amends the Life Care Facilities Act. Adds provisions concerning required disclosures and life care contract requirements for providers under the Act. Provides that at the time of or before the execution of a life care contract, or at the time of or before to the transfer of any money or other property to a provider by or on behalf of a prospective resident, whichever shall first occur, a provider shall deliver a disclosure statement to the person with whom the life care contract is to be entered into that contains specified information. Provides that residents may receive, upon request, specified information from providers and may submit comments. Provides that providers shall, to the maximum extent practicable, offer specified explanations, inform residents of certain matters, and make use of specified standards and practices. P
HB4688 - Burke -
Amends the Nursing Home Administrators Licensing and Disciplinary Act. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of Financial and Professional Regulation of any change of address or email address through specified means. Adds provisions concerning confidentiality of information collected by the Department. Makes changes in provisions concerning definitions, the Nursing Home Administrators Licensing and Disciplinary Board, powers and duties of the Department, application procedures, rosters, grounds for disciplinary action, reports of violations of the Act, summary suspensions, hearings and motions for rehearing, administrative review, and certification of record. Repeals provisions concerning Board hearings and recommendations, surrender of licenses, rehearings, and fraud and deception by applicants. Makes other changes. Effective immediately.
Licensure/Scope of Practice
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.
HB4643 - Burke -
Amends the Illinois Physical Therapy Act. Provides that the limitation on determining a differential diagnosis shall not in any manner limit a physical therapist from establishing a relevant diagnosis. In the definition of "documented current and relevant diagnosis" and in provisions concerning disciplinary actions, removes language requiring a diagnosis to be substantiated by a physician, dentist, advanced practice registered nurse, physician assistant, or podiatric physician. Effective immediately.
SB2587 - Syverson - Amends the Telehealth Act. Provides that "health care professionals" includes dentists.
Pharma/Controlled Substances/Pharmacy
SB2524 - Rose -
Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. 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.
HB4527 - Davidsmeyer -
Amends the Illinois Income Tax Act. Creates an income tax checkoff for donations to the Pediatric and Rare Disease in Children Research Fund. Amends the State Finance Act to create the Pediatric and Rare Disease in Children Research Fund. Provides that moneys deposited into the Pediatric and Rare Disease in Children Research Fund shall be used by the Department of Public Health for the purpose of making grants to organizations in Illinois that conduct research, investigation, and experimentation that results in a better understanding of pediatric and rare diseases in children and an ultimate cure or treatment option. Effective immediately.
HB4650 - Zalewski -
Amends the Illinois Controlled Substance Act. In a provision allowing pharmacists to authorize a designee to consult the Prescription Monitoring Program on their behalf, defines "pharmacist" to include, but be not limited to, a pharmacist associated with a health maintenance organization or a Medicaid managed care entity providing services under the Illinois Public Aid Code. Effective immediately.
HB4707 - Scherer -
Amends the Illinois Controlled Substances Act. Changes the classification of Hydrocodone from a Schedule II controlled substance to a Schedule I controlled substance. Amends the Illinois Optometric Practice Act of 1987 to make a conforming change.
Misc
SB2514 - Mulroe -
Amends the Smoke Free Illinois Act. Changes references from "fine" to "civil penalty" throughout the Act and makes corresponding changes. Provides that law enforcement agencies (rather than local law enforcement agencies) shall enforce the provisions of the Act through the issuance of citations and may assess specified civil penalties (rather than fines). Makes related changes in provisions concerning complaints and injunctions. Provides that funds designated for the Department of State Police or Department of Natural Resources by provisions concerning the distribution of civil penalty moneys shall be deposited by the respective Department into a specified fund.
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.
HB4526 - Davidsmeyer -
Amends the Emergency Medical Services (EMS) Systems Act. Provides that a Vehicle Service Provider that serves a rural or semi-rural population of 10,000 or fewer inhabitants and exclusively uses volunteers, paid-on-call, or a combination thereof to provide patient care may apply for alternate rural staffing authorization from the Department of Public Health to authorize the ambulance, Non-Transport Vehicle, Special-Use Vehicle, or Limited Operation Vehicle to be staffed by one EMT licensed at or above the level at which the vehicle is licensed, plus one Emergency Medical Responder when 2 licensed Emergency Services personnel are not available to respond. Provides that an alternate rural staffing authorization shall not expire. Effective immediately.
HB4699 - Carroll -
Amends the Good Samaritan Act. Provides that a person who in good faith and without fee administers epinephrine to another person who is suffering from a severe allergic reaction shall not be liable for civil damages as a result of his or her acts or omissions, except for willful or wanton misconduct on the part of the person in administering the epinephrine.
JCAR Update
There are no new proposed healthcare rules since our last update, but the Department of Aging is holding a public hearing
on proposed amendments to Community Care Program (89 IAC 240; 42 Ill Reg 314) Friday, Feb. 23, from 10 to 11:30 a.m. at the Michael J. Howlett Bldg. Auditorium, Springfield. The hearings concern a proposed rulemaking published in the 1/ 12/18 Illinois Register that updates various definitions and references, along with payment rates, financial and other eligibility criteria, and certain requirements for the application process.
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