AARON WINTERS
Executive Director
Healthcare Council
847-334-6411
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March 2, 2018
Good day to you, Healthcare Council. We are fewer than three weeks away from the March 20 primary election. The Senate is off next week, and the House is in session on Tuesday. On to the update!
Week in Review
This week was the last with both the Senate and House in session at the same time until after the primary election. Most of the media attention focused on a series of gun control proposals moving through the General Assembly, but there were some important things of note in the healthcare arena.
SB1733 and SB1573, the hospital assessment package, were both sent to the governor after near unanimous votes in both chambers. The governor is expected to sign the hospital assessment into law. The push now comes for the U.S. Department of Health and Human Services to approve the state plan amendment.
A few problematic bills passed out of committees. Of note, HB4516, Rep. Fine's hearing aid insurance mandate passed out of the House Insurance: Health & Life Committee, but she committed to bringing back an amendment to committee in consultation with industry. Likewise, Rep. Gabel's
HB2617
(
iatrogenic infertility insurance mandate) passed out of the House Human Services Committee.
The Chamber testified against Rep. Guzzardi's
HB4900, which prohibits generic prescription drug "price gouging" and gives the Attorney General broad enforcement powers. The Chamber opposes all government intervention in prescription drug pricing - be it for brand or generic drugs. A fifty-state regulatory approach for drug pricing is not in the best interest of the healthcare system. Outside of that broad opposition, the bill has other significant problems. The legislation creates price increase percentage thresholds which could be triggered by a small price increase for a very inexpensive drug. Additionally, the legislation uses the wholesale acquisition cost of a drug in defining price gouging, which does not necessarily correlate with the price paid by a consumer. As a note, the Association for Accessible Medicines, a generic drug trade association and opponent of the bill, has attempted to bring brand pharmaceuticals into the price control debate, which the Chamber adamantly opposes. After a party-line vote, the bill is now out of committee.
Healthcare Bills Posted for Committees
As always, if you are taking a position on any legislation, please let us know.
House Veterans' Affairs Committee
Date: March 5, 2018 - 9:00 AM
Location: C-600, 6th Floor - Michael A. Bilandic Building - - Chicago, IL
Subject Matter: Quincy Veterans Home Legionella Outbreak and Response.
House Mental Health Committee
Date: March 6, 2018 - 11:00 AM
Location: Room C-1 - Stratton Building - - Springfield, IL
Subject Matter: School based health center.
House Insurance: Health & Life Committee
Date: March 6, 2018 - 1:30 PM
Location: Room 118 - Capitol Building - - Springfield, IL
HB4116 - Welch -
Requires that a health care facility or health care practitioner shall provide a patient's records without charge if the records are being requested by the patient for use in supporting an application, claim, or appeal relating to a government benefit or program.
HB4577 - Hoffman -
Insurance mandate for 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.
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.
House Consumer Protection Committee
Date: March 6, 2018 - 3:30 PM
Location: Room 115 - Capitol Building - - Springfield, IL
HB4275 - Andrade -
Amends the Physical Fitness Services Act. Provides that no contract for basic physical fitness services shall require payment of a total amount in excess of $6,500 (rather than $2500) per year, with certain exceptions; and that no contract for family or couple memberships for basic physical fitness services shall require payment in excess of $6,500 (rather than $2,500) per year per person covered under the membership. In a provision permitting a person to renew a contract for physical fitness services for consecutive periods of not more than one year each, removes the requirement that each renewal be for a reasonable consideration not less than 10% of the cash price of the original membership. Effective June 1, 2018.
House Human Services Committee
Date: March 7, 2018 - 8:00 AM
Location: Room 122B - Capitol Building - - Springfield, IL
HB4331 - Connor - In the event of an opioid overdose, requires coroners and hospitals to report certain information to IDPH, including if a death occurred, age, gender race and county of residence.
HB4665 - Gabel -
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Division of Developmental Disabilities of the Department of Human Services shall implement a direct support professional credential pilot program to assist and attract persons into the field of direct support, advance direct support as a career, and professionalize the developmental disabilities field to promote workforce recruitment and retention efforts, advance skills and competencies, and further ensure the health, safety, and well-being of persons being served. Amends the Health Care Worker Background Check Act. Defines "nursing or nursing-related services for pay". Amends the Nurse Practice Act. Provides that a certified nursing assistant shall lose his or her certification status if he or she goes 24 consecutive months without performing nursing or nursing-related services for pay. Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services and the Department of Human Services shall jointly submit the necessary application to the federal Centers for Medicare and Medicaid Services for a waiver or State Plan Amendment to allow remote monitoring and supports services for persons with intellectual and developmental disabilities and seniors requiring in-home care, as a waiver reimbursable service. Provides that the application shall be submitted no later than September 30, 2018.
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.
HB4782 - Burke -
Insurance and Medicaid amino acid-based elemental formulas mandate.
HB4795 - Demmer -
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.
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.
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.
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.
HR707 - Arroyo -
Declares November 30, 2017 as AHF Day in the State of Illinois
HR759 - Evans -
Urges all citizens to visit "cancerscreenweek.org" for cancer screening resources and talk to their healthcare providers about their risk factors for all cancer types including, but not limited to, breast, cervical, colon, lung, prostate, and skin cancers and recommended screening options. Declares the first week of December of 2018 as "Cancer Screen Week".
House Health Care Licenses Committee
Date: March 7, 2018 - 10:00 AM
Location: Room 413 - Stratton Building - - Springfield, IL
HB4515 - Swanson -
Amends the Medical Practice Act of 1987. Exempts physicians from disciplinary action by the Department of Financial and Professional Regulation based solely upon the licensee's recommendation or provision of a treatment method for Lyme disease or other tick-borne disease if specified criteria are met. Effective immediately.
HB4650 - Zalewski -
Amends the Illinois Controlled Substance Act. In a provision allowing pharmacists to authorize a designee to consult the Prescription Monitoring Program on their behalf, defines "pharmacist" to include, but be not limited to, a pharmacist associated with a health maintenance organization or a Medicaid managed care entity providing services under the Illinois Public Aid Code. Effective immediately.
HB4664 - Willis -
Amends the Life Care Facilities Act. Adds provisions concerning required disclosures and life care contract requirements for providers under the Act. Provides that at the time of or before the execution of a life care contract, or at the time of or before to the transfer of any money or other property to a provider by or on behalf of a prospective resident, whichever shall first occur, a provider shall deliver a disclosure statement to the person with whom the life care contract is to be entered into that contains specified information. Provides that residents may receive, upon request, specified information from providers and may submit comments. Provides that providers shall, to the maximum extent practicable, offer specified explanations, inform residents of certain matters, and make use of specified standards and practices. Provides that a violation of these provisions by a provider of a facility is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that the Department of Financial and Professional Regulation shall take specified enforcement actions if he or she receives notice from an escrow agent that specified provisions of the Act have not been complied with. Provides that the Secretary of Professional and Financial Regulation may conduct audits of providers. Provides that a provider shall provide all residents of a facility and the Department of Public Health with a printed report that contains certain information. Provides that the Department of Public Health shall provide the public with online access to the annual reports, inspection reports, and other specified information. Provides that an increase in a regular periodic charge not outlined in a life care contract must be approved by the Secretary of Financial and Professional Regulation. Makes other changes.
HB4688 - Burke -
Amends the Nursing Home Administrators Licensing and Disciplinary Act. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of Financial and Professional Regulation of any change of address or email address through specified means. Adds provisions concerning confidentiality of information collected by the Department. Makes changes in provisions concerning definitions, the Nursing Home Administrators Licensing and Disciplinary Board, powers and duties of the Department, application procedures, rosters, grounds for disciplinary action, reports of violations of the Act, summary suspensions, hearings and motions for rehearing, administrative review, and certification of record. Repeals provisions concerning Board hearings and recommendations, surrender of licenses, rehearings, and fraud and deception by applicants. Makes other changes. Effective immediately.
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".
HB5070 - Bellock -
Amends the Telehealth Act. Includes clinicians licensed to provide medical services under Illinois law in the definition of "health care professional".
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.
House Labor & Commerce Committee
Date: March 7, 2018 - 2:30 PM
Location: Room 114 - Capitol Building - - Springfield, IL
HB4595 - Fine - Creates a public corporation workers' compensation company. Chamber is opposed.
House Insurance: Property & Casualty Committee
Date: March 7, 2018 - 2:30 PM
Location: Room D-1 - Stratton Building - - Springfield, IL
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.
House Appropriations-Human Services Committee
Date: March 8, 2018 - 8:30 AM
Location: Room 114 - Capitol Building - - Springfield, IL
Subject Matter: Aging, DCFS.
House Mental Health Committee
Date: March 8, 2018 - 10:00 AM
Location: Room D-1 - Stratton Building - - Springfield, IL
HB 0068 (HFA 0002) - Lang -
Amends the Medical Assistance Article of the Illinois Public Aid Code. In provisions concerning metric performance reports published by the Department of Healthcare and Family Services on each managed care organization under contract with the Department, requires the Department to collect and report on certain metrics, including prior authorizations and utilization statistics, by behavioral health providers and non-behavioral health providers. Requires the Department to report data on community mental health centers and alcohol and substance abuse providers. Provides that a managed care organization shall enter into a contract with any willing and qualified alcohol and substance abuse provider or certified community health center so long as the alcohol and substance abuse provider or certified community health center agrees to the managed care organization's rate and adheres to the managed care organization's requirements.
HB4441 - Willis -
Amends the Mental Health and Developmental Disabilities Code. Provides that counseling services or psychotherapy on an outpatient basis provided to a civilly committed minor 12 years of age or older shall be provided in compliance with the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, the Clinical Social Work and Social Work Practice Act, or the Clinical Psychologist Licensing Act (currently, the counseling services or psychotherapy must be provided in compliance with the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act or the Clinical Psychologist Licensing Act). Effective immediately.
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.
HB5109 - Lang -
Creates the Community Behavioral Health Care Professional Loan Repayment Program Act. Creates the Community Behavioral Health Care Professional Loan Repayment Program to be administered by the Illinois Student Assistance Commission. Provides that the Program shall provide loan assistance, subject to appropriation, to eligible mental health and substance use professionals practicing in a community mental health center in an underserved or rural federally designated Mental Health Professional Shortage Area. Provides that applicants must enter into a minimum 2-year contract. Provides that the Commission may extend the contract a third or fourth year to individual applicants upon completion of the initial 2-year obligation. Provides that the Commission may extend the contract a third or fourth year to individual applicants upon completion of the initial 2-year obligation. Provides that Program participants who, for any reason, fail to begin or complete the required period of obligated service shall be liable to the Commission for an amount equal to the number of months of obligated service not completed multiplied by $2,500 and interest on the amount at the maximum legal prevailing rate, as determined by the Treasurer of the United States from the date of breach.
HB5110 - Lang -
Amends the Clinical Social Work and Social Work Practice Act and the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Provides that the Department of Financial and Professional Regulation shall (rather than may) issue a license as a clinical social worker, social worker, professional counselor, or clinical professional counselor, without the required examination, to an applicant licensed under the laws of another jurisdiction if the requirements for licensure in that jurisdiction are, on the date of licensure, substantially equivalent to the requirements under the Act or to any person who, at the time of his or her licensure, possessed individual qualifications that were substantially equivalent to the requirements then in force in this State. Requires the Department to issue the license not more than 60 days after a completed application is received by the Department. Effective immediately.
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. Provides that the interns shall be placed in communities so as to increase access to behavioral health services for patients residing in rural and underserved areas of this State; and (3) beginning July 1, 2020, develop 5 behavioral health interdisciplinary training sites each year until a total of 20 sites have been developed. Provides that 10 of the 20 sites shall be in counties with a population of fewer than 50,000 inhabitants. Requires the Center to perform other duties. Provides that no later than December 1 of every odd-numbered year, the Center shall prepare a report of its activities under the Behavioral Health Workforce Act. Provides that the report shall be filed electronically with the General Assembly and shall be provided electronically to any member of the General Assembly upon request.
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.
House Aging Committee
Date: March 8, 2018 - 11:00 AM
Location: Room 122B - Capitol Building - - Springfield, IL
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.
House Special Needs Services Committee
Date: March 8, 2018 - 11:00 AM
Location: Room 114 - Capitol Building - - Springfield, IL
HB5347 - Evans -
Amends the Early Intervention Services System Act. Requires the Department of Human Services and the Illinois State Board of Education to jointly develop and implement a State policy under which parents of children with disabilities who previously received early intervention services under the Act may choose the continuation of those services until such children reach the age of 5 or enter, or are eligible under State law to enter, kindergarten. Provides that implementation of the new policy shall be contingent on the Department (i) holding public hearings as provided under the Act and (ii) complying with all applicable federal requirements. Effective January 1, 2019.
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.
JCAR Update
Just one new healthcare-related proposed rule since our last update. The Department of Aging proposed amendments to Adult Protection and Advocacy Services (89 IAC 270; 42 Ill Reg 3774) implementing two Public Acts that establish an Adult Protective Services (APS) Registry recording the names of caregivers against whom substantiated findings have been made of abuse, neglect or financial exploitation of an adult with disabilities age 18 to 59, or any person age 60 or older, living in a domestic (non-institutional) environment. The registry will be hosted by the Department of Public Health on its website.
Illinois Chamber Women's Conference
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