Aaron Winters | Executive Director, Healthcare Council | 847-334-6411


Good morning, Healthcare Council. It is committee deadline week in Springfield - after this, two more weeks of floor activity and then the budget home stretch.  On to the update!
Healthcare Council Quarterly Meeting Today in Springfield
If you are in town, please join us at Memorial Hospital to hear from Illinois Department of Healthcare and Family Services Director Theresa Eagleson and Deputy Republican Leader and lead Republican budget negotiator Tom Demmer.

Click here to register.
 
Healthcare Council Quarterly Meeting
Monday, May 6
2 pm
The Memorial Center for Learning 
228 W. Miller St.
MCLI 2A Curtis Theatre
Springfield, IL 62702

  Late-Breaking, Cross-Cutting Issue Develops
After evading serious opposition for months, a House bill now in the Senate has raised alarmed bells among various healthcare sectors, and beyond. HB2472 is an initiative of the Illinois Trial Lawyers Association and amends the Consumer Fraud and Deceptive Business Practices Act. The underlying act provides for an exemption for actions or transactions specifically authorized by laws administered by any regulatory body or officer acting  under statutory authority of this State or the United States. The legislation amends the exemption by denying the "specifically authorized" exemption in cases that result in bodily injury, death or property damage. It is our understanding that the intended goal of the legislation is to address court cases regarding tobacco litigation, but after consulting with several Healthcare Council members it is clear that the legislation has ripple effects in numerous industries.
 
We strongly encourage you to examine this legislation to determine if your organization is similarly impacted, and if so, please let us know. The legislation is now on second reading in the Senate.
 
Marijuana Legalization Proposal Surfaces
Over the weekend Gov. JB Pritzker and legislators unveiled legislation to legalize the recreational use of marijuana starting on Jan. 1, 2020. Possession limits were created for cannabis flower (30 grams), cannabis concentrate (5 grams), and THC found in a cannabis-infused product (500 milligrams), as well as timelines for the issuance of additional growing and dispensary licenses.
 
The legislation also will create a $20 million low-interest loan program to address minority participation in ownership interests in the industry as well as a social equity applicant status for licensing.
 
A cultivation privilege tax of 7 percent would be imposed on growers, and a tiered cannabis purchaser excise tax is established with progressively higher rates for higher THC concentrations.
 
Finally, the legislation will expunge records of various cannabis possession charges. The medical marijuana program will continue as authorized.
 
Read more here.
 
Committees Scheduled for the Week
 
Senate Public Health
May 07, 2019 1:00PM
Location: 400 Capitol 
 
HB3 - Collins - Amends the Hospital Report Card Act to require that each hospital include in its quarterly report instances of preterm infants, infant mortality, and maternal mortality. Requires the reporting of racial and ethnic information of the infants' mothers, along with the disparity of occurrences across different racial and ethnic groups.
 
HB163 - Munoz - Amends the Illinois Controlled Substances Act. 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). Amendment filed on May 3.
 
HB823 - T. Cullerton - 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 develop and make available training materials that ensure that all phlebotomists are trained in the most current methods of drawing blood from children and adults with intellectual and developmental disabilities. 
 
HB2060 - Sandoval - Amends the Food Handling Regulation Enforcement Act. Incorporates food allergen awareness training in the requirements to receive food service sanitation manager certification rather than requiring a separate certification.
 
HB2433 - Collins - Amends the Hospital Licensing Act and the University of Illinois Hospital Act. Requires every hospital to ensure that it has the proper instruments available for taking a pregnant woman's blood pressure. Provides that the Department of Public Health shall adopt rules for the implementation of the requirement.
 
HB2488 - Cunningham - Creates the Continuing Care Retirement Community Transparency Task Force to research and collect information on transparency and consumer protection issues for life care contracts. 
 
HB2665 - Peters - Amends the Consent by Minors to Health Care Services Act. Provides that a minor of 12 years or older who may have come into contact with any sexually transmitted disease or may be determined to be an intoxicated person or a person with a substance use disorder, or who may have a family member who abuses drugs or alcohol, may give consent to the furnishing of health care services or counseling related to the prevention, diagnosis, or treatment, rather than just the diagnosis or treatment, of the disease.
 
HB2767 - Cunningham - Amends the Illinois Police Training Act. Provides that the curriculum for police officer training schools shall include recognizing signs and symptoms of work-related cumulative stress, issues that may lead to suicide, and solutions for intervention with peer support resources. 
 
HB2895 - Collins - Provides that the Department of Public Health shall ensure that all hospitals require all current and new obstetrical staff, emergency department staff, and any other staff, including residents and fellows in training, who provide care for pregnant or postpartum women to receive implicit bias training and education in cultural competency in interactions between patients and providers. 
 
HB2896 - Collins - Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Creates the Diversity in Health Care Professions Task Force. 
 
HB2897 - Collins - Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department shall investigate and apply for federal funding opportunities, including, but not limited to, a specified federal grant, to support maternal mental health, to the extent that programs are financed, in whole, by federal funds. 
 
HB3511 - Collins - Creates the Maternal Mental Health Conditions Education, Early Diagnosis, and Treatment Act. Provides that a general acute care hospital or special hospital that has a perinatal unit, in collaboration with medical staff, shall by January 1, 2021 develop and implement a program to provide education and information to appropriate health care professionals and patients about maternal mental health conditions. 
 
House Insurance
May 07, 2019 2:00PM
Location: Room 118 Capitol Building 

SB1377 - Halpin -  Illinois Insurance Guaranty Fund omnibus.
 
SB1449 - Carroll - Establishes a task force to study mental health parity in disability insurance polices.
 
SB2085 - Conroy - Requires an individual or group policy of accident and health insurance or managed care organization that provides mental health benefits to provide reimbursement for benefits that are delivered through the psychiatric Collaborative Care Model. 
 
Senate Human Services
May 07, 2019 3:00PM
Location: 409 Capitol 

HB2154 - Steans - this is the latest vehicle for the Thresholds led initiative to import Medicaid's assertive community treatment model into the private insurance marketplace. The Chamber is opposed.
 
HB3065 - Rezin - Amends the Adult Protective Services Act. Provides that when conducting any investigation concerning a report of suspected abuse, neglect, financial exploitation, or self-neglect of an eligible adult, the Department on Aging shall contact as many of the eligible adult's family members, neighbors, and friends as reasonably possible under the circumstances.
 
HB3097 - Fine - Amends the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to develop in collaboration with an academic institution a program designed to provide prescribing physicians under the medical assistance program with an evidence-based, non-commercial source of the latest objective information about pharmaceuticals. 
 
House Energy and Environment
May 07, 2019 3:30PM
Location: Room 114 Capitol Building 

SB1852 and SB1854 - Durkin - ethylene oxide vehicles. Negotiations continue between the governor's office and legislators.
 
House Human Services Committee
May 08, 2019 8:30AM
Location: Room C-1 Stratton Building 

SB25 - Edly-Allen - Amends the Mental Health and Developmental Disabilities Code. Provides that as soon as possible but not later than 24 hours, excluding Saturdays, Sundays and holidays, after emergency admission of a respondent to a mental health facility on an inpatient basis, the respondent shall be personally examined (rather than examined) by a psychiatrist. 
 
SB162 - Keicher - 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. 
 
SB447 - Scherer - Amends the Family Practice Residency Act. Changes the title of the Act to the Underserved Physician Workforce Act. Provides that the Act applies to primary care physicians, general surgeons, emergency medicine physicians, or obstetricians (rather than primary care physicians and other eligible primary care providers). Defines "primary care physician". 
 
SB730 - Hurley - Creates the First Responders Suicide Prevention Act. 
 
SB1506 - McAuliffe - Creates the Dense Breast Tissue Act. Provides that the Act's provisions apply to a facility that provides mammography services in Illinois. 
 
SB1510 - Moeller - Nursing home omnibus
 
SB1573 - Hoffman - Amends the Illinois Public Aid Code. Makes technical changes to specify in provisions concerning provisional eligibility for long-term care services that: (i) the Department of Healthcare and Family Services must maintain the applicant's provisional Medicaid enrollment status until a final eligibility determination is approved or the applicant's appeal has been adjudicated and eligibility is denied; (ii) the Department of Healthcare and Family Services or the managed care organization, if applicable, must reimburse providers for services rendered during an applicant's provisional eligibility period; (iii) the Department of Healthcare and Family Services must submit payment vouchers for all retroactive reimbursement due to the Office of the Comptroller within 10 business days of issuing provisional eligibility to an applicant; and (iv) the Department of Healthcare and Family Services must adopt rules.
 
SB1828 - Conroy - Creates the Needle and Hypodermic Syringe Access Program Act. 
 
SB2026 - Mason - Prohibits the State from applying for any federal waiver that would reduce or eliminate any protection or coverage required under the Patient Protection and Affordable Care Act (ACA) that was in effect on January 1, 2017, including, but not limited to, any protection for persons with pre-existing conditions and coverage for services identified as essential health benefits under the ACA. 
 
Senate Appropriations I
May 08, 2019 9:00AM
Location: 212 Capitol 
 
Subject Matter On: Rate Increase Legislation
 
House Health Care Licenses Committee
May 08, 2019 10:00AM
Location: Room 122B Capitol Building 

SB656
- Mah - Perfusionist regulatory sunset extension and other regulatory changes.
 
SB659 - Cassidy - Pharmacy Practice Act extension.
 
SB1214 - Villa - Provides that the Department of Public Health shall develop and make available training materials that ensure that all phlebotomists are trained in the most current methods of drawing blood from children and adults with intellectual and developmental disabilities. 
 
SB1702 - Gabel - Amends the Mental Health and Developmental Disabilities Code. Permits an advanced practice psychiatric nurse to order restraints or seclusion for a recipient of treatment. 
 
Prescription Drug Affordability & Accessibility Committee
May 08, 2019 10:00AM
Location: Room 114 Capitol Building 

SB1557 - Villa - Amends the Illinois Insurance Code. Creates the Pharmacy Benefits Managers Article. Provides that a pharmacy benefits manager may not prohibit a pharmacy or pharmacist from providing a customer with a more affordable alternative if a more affordable alternative is available.
 
Senate Licensed Activities
May 08, 2019 2:00PM
Location: 400 Capitol 
 
HB2676 - Bertino-Tarrant - Amends the Illinois Dental Practice Act. Changes the definition of "public health dental hygienist."
 
Senate Insurance
May 08, 2019 4:00PM
Location: 212 Capitol 
Sponsor                               ABR - Short Description       Last Action
HB156 - Mulroe - Pharmaceutical drug pricing transparency legislation. Chamber is opposed.
 
HB465 - Manar - PBM regulation bill. Chamber is neutral.
 
HB471 - Fine - Health insurance rate review - Chamber is opposed.
 
HB889 - Anderson - experimental treatment for Lyme Disease mandate - Chamber is opposed.
 
HB2174 - Fine - flat copay for drug benefits insurance mandate. Chamber is opposed.
 
HB2438 - Collins - In provisions concerning mental and emotional disorders, provides that "mental, emotional, nervous, or substance use disorder or condition" includes any mental health condition that occurs during pregnancy or during the postpartum period and includes, but is not limited to, postpartum depression. 
 
HB2846 - Fine - PANDAS coding legislation. Chamber is opposed.
 
HB2894 - Martinez - addresses audit timeframes for ALL Kids.
 
HB3113 - Fine - Dermatology visit. Senate Amendment 1 does not include trigger language that was attached in the House - the Chamber has been assured by the Medical Society that an amendment will be forthcoming to address the omission.
 
HB3471 - Crowe - cardiopulmonary insurance mandate.
 
HB3487 - Martinez - Provides that each hospital shall post, in each facility that has an emergency room, a notice in a conspicuous location in the emergency room with information about how to enroll in health insurance through the Illinois health insurance marketplace.
 
HB3503 - Bertino-Tarrant - Hearing aid insurance mandate. Chamber is neutral.
 
HB3509 - Crowe - human milk insurance mandate.
 
House Appropriations: Human Services
May 09, 2019 8:00AM
Location: Room C-1 Stratton Building 
SUBJECT MATTER: HB 2148, HB 2191, HB 2524, HB 2637
 
SB637 - Brady - Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that coverage for custom prosthetic and orthotic devices under the fee-for-service medical assistance program and under any Medicaid managed care plan shall be no less favorable than the terms and conditions that apply to substantially all medical and surgical benefits provided under the fee-for-service medical assistance program or the Medicaid managed care plan. 
 
SB640 - Willis - Amends the Other Social Services Article of the Illinois Public Aid Code. Provides that in a county under township organization, a township may provide, from moneys received and collected for public aid to all persons eligible for General Assistance under the Code, funds and administer programs for providing in-kind aid in meeting basic maintenance requirements, including, but not limited to, food, paper goods, toiletries, and clothing, to persons who are poor, indigent, homeless, or in need of immediate assistance, in addition to financial aid provided under the Code.
 
SB1105 - Durkin - Replaces everything after the enacting clause. Amends the Pediatric Palliative Care Act. Repeals a provision that made the Act inoperative on and after July 1, 2012. Makes changes to the legislative findings. Provides that the General Assembly finds that each year, approximately 1,500 (rather than 1,185) Illinois children are diagnosed with a serious illness (rather than with a potentially life-limiting illness); and that community-based pediatric palliative services have been shown to keep children out of the hospital by managing many symptoms in the home setting, thereby improving childhood quality of life while maintaining budget neutrality. Requires the Department of Healthcare and Family Services to develop a pediatric palliative care program (rather than a pediatric palliative care pilot program) under which a qualifying child may receive community-based pediatric palliative care from a trained interdisciplinary team and may also choose to continue to pursue aggressive curative or disease-directed treatments for a serious (rather than a potentially life-limiting) illness under the benefits available under Article V of the Illinois Public Aid Code. 
 
SB1696 - Kalish - Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that during the first quarter of State Fiscal Year 2020, the Department of Healthcare of Family Services must convene a technical advisory group consisting of members of all trade associations representing Illinois skilled nursing providers to discuss changes necessary with the federal implementation of Medicare's Patient-Driven Payment Model.
 
SB1739- Davis - Amends the Illinois Health Facilities Planning Act. Provides that any written review or findings of the Board staff set forth in the State Board Staff Report concerning an application for a permit must be made available to the public and the applicant (currently, only the public) at least 14 calendar days before the meeting of the State Board at which the review or findings are considered. 
 
SB1909  - Greenwood - Post-partum mental health insurance mandate. The Chamber is attempting to clean up the appeals language in the legislation to mirror SB682 from last session.
 
JCAR Update
The DEPARTMENT OF INSURANCE proposed amendments to Derivative Instruments (50 IAC 806; 43 Ill Reg 4848) and Health Maintenance Organization (50 IAC 4521; 43 Ill Reg 4877) updating incorporations by reference of publications issued by the National Association of Insurance Commissioners (NAIC). The Part 4521 rulemaking also repeals an outdated Section referencing a repealed statute. DOI also proposed amendments to Advertising and Sales Promotion of Life Insurance and Annuities (50 IAC 909; 43 Ill Reg 4862) and Individual and Group Life Insurance Policy Illustrations (50 IAC 1406; 43 Ill Reg 4868) updating references to the Actuarial Standard of Practice (ASOP) promulgated by the Actuarial Standards Board to the most recent edition (December 2016).




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