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Working Groups Forming
The Healthcare Council will participate in two working groups required by state law that are in the process of formation. The first is
for the purpose of providing recommendations establishing medical necessity criteria for the bundled treatment models discussed in section 356z.33 of the Illinois Insurance Code (215 ILCS 5/356z.33). Chamber members may remember this bill as being an initiative of Thresholds concerning first episode psychosis treatment. The second is to help determine standardized reports for mental health parity data. The medical necessity workgroup starts this Friday, and the mental health parity working group begins at the end of February.
State Medicaid Director Leaves Post
Last week, Doug Elwell announced he is leaving his post as Medicaid director after serving for approximately one year. Kelly Cunningham, HFS's deputy director for long-term care will serve as acting Medicaid director until a permanent replacement is named.
New Bill Introductions
The deluge of new bills continues. In order to better organize bill introductions, we've attempted to group legislation into broad categories - Insurance, Pharmaceutical/Pharmacy, Providers, Medicaid, Mental Health/DD and Other. Some bills have cross cutting features, so some bills may not fit neatly within a category.
Insurance
SB2746 - Morrison -
Amends the Illinois Insurance Code. Prohibits mandatory arbitration clauses in fully insured life, health, or disability insurance policies. Prohibits clauses in life, health, or disability insurance policies that reserve discretion to the insurer to interpret the terms of the contract or that provide standards of interpretation or review that are inconsistent with the laws of this State. Effective immediately.
SB2749 - Martwick -
Amends the Illinois Municipal Code. Provides that the fee that must be paid to a foreign fire insurance board by a corporation, company, or association that is not incorporated under the laws of the State and which is engaged in effecting fire insurance in the municipality or fire protection district shall be 2% of the gross receipts received from fire insurance upon property situated within the municipality or district (rather than a sum not exceeding 2%). Allows a foreign fire insurance board aggrieved by a violation relating to foreign fire insurance board fees to file suit. Provides that a department foreign fire insurance board may: (i) establish, manage, and maintain an account for the holding and expenditure of all funds paid to the board; (ii) contract for the purchase of goods and services; and (iii) sue all parties necessary to enforce its rights. Limits home rule powers. Makes other changes. Effective immediately.
SB2771 - Fine -
Amends the Illinois Insurance Code. Provides that an insurer, health maintenance organization, independent practice association, or physician hospital organization may not attempt a recoupment or offset until all appeal rights of a health care professional or health care provider are exhausted. Provides that no recoupment or offset may be requested or withheld from future payments 6 months or more after the original payment is made (rather than 18 months or more after the original payment is made). Effective January 1, 2021.
SB2781 - Fine -
Amends the Illinois Insurance Code. In provisions requiring coverage for newborn infants, provides that coverage for congenital defects shall include treatment of cranial facial anomalies. Provides that an individual or group policy of accident and health insurance amended, delivered, issued, or renewed after the effective date of the amendatory Act shall cover charges incurred and services provided for outpatient and inpatient care in conjunction with services that are provided to a covered individual related to the diagnosis and treatment of a congenital anomaly or birth defect. Provides that the required coverage includes any service to functionally improve, repair, or restore any body part involving the cranial facial area that is medically necessary to achieve normal function or appearance. Provides that any coverage provided may be subject to coverage limits, such as pre-authorization or pre-certification, as required by the plan or issuer that are no more restrictive than the predominant treatment limitations applied to substantially all medical and surgical benefits covered by the plan. Provides that the coverage does not apply to a policy that covers only dental care. Defines "treatment". Effective January 1, 2021.
SB3117 - Manar -
Amends the Illinois Insurance Code. Provides that a pharmacy benefit manager has a fiduciary duty to a third party with which the pharmacy benefit manager has entered into a contract to manage the pharmacy benefit plan of the third party and shall notify the third party in writing of an activity, policy, or practice of the pharmacy benefit manager that presents a conflict of interest that interferes with the ability of the pharmacy benefit manager to discharge its fiduciary duty. Allows the Director of Insurance to refuse to issue, suspend, or revoke a license or impose a fine if it is found that a pharmacy benefit manager has failed to adequately discharge its fiduciary duty to a third party. Effective immediately.
SB3120 - Syverson -
Creates the Uniform Electronic Transactions in Health Care Billing Act. Requires all health plan carriers and health care providers to exchange claims and eligibility information electronically using the companion guides, implementation guides, timelines, and standard electronic data interchange transactions for claims submissions, payments, and verification of benefits required under the Health Insurance Portability and Accountability Act in order to be compensable by the health plan carrier. Provides that no health plan carrier or health care provider may add to or modify the uniform companion guides. Provides that the Act applies to all health plan carriers. Grants the Director of Insurance the right to investigate complaints filed under the Act. Sets forth criteria for complaints filed under the Act. Requires the Department of Insurance to adopt rules, and allows the Department to establish exemptions to the Act by regulation. Defines terms. Effective immediately.
HB4451 - Hoffman -
Amends the Illinois Insurance Code. Authorizes the Illinois Insurance Guaranty Fund, at the direction of its board of directors and subject to the approval of the Director of Insurance, to form and own a not-for-profit corporation to which the Fund may delegate certain of its powers and duties provided by the Code. Allows the not-for-profit corporation to contract to provide services to the Office of Special Deputy Receiver or any other person or organization authorized by law to carry out the duties of the Director in the capacity of receiver under specified provisions of the Code, the Illinois Life and Health Insurance Guaranty Association, and organizations in another state similar to the Illinois Insurance Guaranty Fund or the Illinois Life and Health Insurance Guaranty Association. Effective immediately.
HB4477 - Harris -
Amends the Managed Care Reform and Patient Rights Act. Requires health insurance carriers that provide coverage for prescription drugs to ensure that, within service areas and levels of coverage specified by federal law, at least half of individual and group plans meet one or more of the following criteria: apply a pre-deductible and flat-dollar copayment structure to the entire drug benefit, limit a beneficiary's monthly out-of-pocket financial responsibility for prescription drugs to a specified amount, or limit a beneficiary's annual out-of-pocket financial responsibility for prescription drugs to a specified amount. Provides that all plans for prescription drugs offered under the amendatory Act must be clearly and appropriately named, marketed in the same manner as other plans offered by the health insurance carrier, and offered for purchase to any individual and group plan sponsor. Effective January 1, 2021.
HB4479 - Willis -
Amends the Illinois Insurance Code. In provisions requiring coverage for newborn infants, provides that coverage for congenital defects shall include treatment of cranial facial anomalies. Provides that an individual or group policy of accident and health insurance amended, delivered, issued, or renewed after the effective date of the amendatory Act shall cover charges incurred and services provided for outpatient and inpatient care in conjunction with services that are provided to a covered individual related to the diagnosis and treatment of a congenital anomaly or birth defect. Provides that the required coverage includes any service to functionally improve, repair, or restore any body part involving the cranial facial area that is medically necessary to achieve normal function or appearance. Provides that any coverage provided may be subject to coverage limits, such as pre-authorization or pre-certification, as required by the plan or issuer that are no more restrictive than the predominant treatment limitations applied to substantially all medical and surgical benefits covered by the plan. Provides that the coverage does not apply to a policy that covers only dental care. Defines "treatment". Effective January 1, 2021.
HB4633 - LaPointe -
Amends the Illinois Insurance Code. Provides that an insurer that amends, delivers, issues, or renews group accident and health policies providing coverage for hospital or medical treatment or services for illness entered into on or after January 1, 2021 shall ensure that the insured have timely and proximate access to treatment for mental, emotional, nervous, or substance use disorders or conditions. Provides that network adequacy standards for timely and proximate access to treatment for mental, emotional, nervous, or substance use disorders or conditions must satisfy specified minimum requirements. Provides that if there is no in-network facility or provider available for an insured to receive timely and proximate access to treatment for mental, emotional, nervous, or substance use disorders or conditions in accordance with the minimum network adequacy standards, the insurer shall provide necessary exceptions to its network to ensure admission and treatment with a provider or at a treatment facility in accordance with those network adequacy standards. Effective immediately.
HB4650 - Bailey - Amends the Illinois Insurance Code. Provides that an insurer shall not use misstatements made by an applicant in an application for an accident and health insurance policy to void the policy or to deny a claim for loss incurred or disability after one year (rather than 2 years) from the date of issue of the policy, unless the misstatements are fraudulent.
HB4749 - Conroy -
Amends the Medical Patient Rights Act. Provides that it is the policy of this State that managed care companies or third-party payers shall not mandate that health care professionals use a specific electronic medical records software system in order to provide or bill for services to patients. Prohibits specified insurance policies, plans, or arrangements for the purchase of health care, payment for health care, or reimbursement for health care, or an agency of the State or of any municipality, county, district, or other political subdivision of the State, from discriminating with respect to the provision of, or contracts for, health care or related services against a health care professional on the basis of that health care professional's utilization of a specific electronic medical records software system.
Medicaid
SB3010 - Aquino -
Amends the Illinois Public Aid Code. Provides that for State Fiscal Years 2021 through 2024, an annual assessment on inpatient and outpatient services is imposed on each hospital provider, subject to other specified provisions. Contains provisions concerning a hospital's non-Medicaid gross revenue for State Fiscal Years 2021 and 2022. Contains provisions concerning the assignment of a pool allocation percentage for certain hospitals designated as a Level II trauma center; increased capitation payments to managed care organizations; the extension of certain assessments to July 1, 2022 (rather than July 1, 2020); reimbursements for inpatient general acute care services to non-publicly owned safety net hospitals, non-publicly owned critical access hospitals, hospital providers in high-need communities, and other facilities; the allocation of funds from the transitional access hospital pool; administrative rules for data collection and payment from the health disparities pay-for-collection pool; and other matters. Amends the Illinois Administrative Procedure Act. Provides that the Department of Healthcare and Family Services shall have emergency rulemaking authority to implement the provisions of the amendatory Act concerning assessments. Amends the Emergency Medical Services (EMS) Systems Act. Removes provisions requiring the Department of Public Health to issue a Freestanding Emergency Center license to a facility that has discontinued inpatient hospital services and meets other requirements. Effective immediately.
HB4467 - Skillicorn -
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.
HB4543 - Welch -
Amends the Illinois Public Aid Code. Provides that for State Fiscal Years 2021 through 2024, an annual assessment on inpatient and outpatient services is imposed on each hospital provider, subject to other specified provisions. Contains provisions concerning a hospital's non-Medicaid gross revenue for State Fiscal Years 2021 and 2022. Contains provisions concerning the assignment of a pool allocation percentage for certain hospitals designated as a Level II trauma center; increased capitation payments to managed care organizations; the extension of certain assessments to July 1, 2022 (rather than July 1, 2020); reimbursements for inpatient general acute care services to non-publicly owned safety net hospitals, non-publicly owned critical access hospitals, hospital providers in high-need communities, and other facilities; the allocation of funds from the transitional access hospital pool; administrative rules for data collection and payment from the health disparities pay-for-collection pool; and other matters. Amends the Illinois Administrative Procedure Act. Provides that the Department of Healthcare and Family Services shall have emergency rulemaking authority to implement the provisions of the amendatory Act concerning assessments. Amends the Emergency Medical Services (EMS) Systems Act. Removes provisions requiring the Department of Public Health to issue a Freestanding Emergency Center license to a facility that has discontinued inpatient hospital services and meets other requirements. Effective immediately.
HB4551 - Welch -
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that supportive living facilities that are approved, but not yet operational, and located in a county with a population of more than 4,000,000 and in a municipality where the average income of its residents is less than 180% of the 2019 poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services, may apply at any time to convert up to 25% of its approved supportive living beds to dementia care beds. Requires the Department of Healthcare and Family Services to approve such applications within 90 days of receipt.
HB4581 - Skillicorn -
Amends the Illinois Public Aid Code. Provides that notwithstanding any other provision of the Code to the contrary, the Department of Healthcare and Family Services' Inspector General shall report all suspected cases of provider fraud involving a vendor, a medical provider, or any other provider authorized to participate in the medical assistance program to the State's Attorney of the county where the alleged fraud occurred or, when appropriate, to the Office of the Attorney General or to the Offices of the several United States Attorneys in Illinois. Effective immediately.
HB4582 - Skillicorn -
Amends the Illinois Public Aid Code. Requires managed care organizations under contract with the Department of Healthcare and Family Services to follow a standard prescription drug formulary established by the Department by rule. Requires the Department to adopt any rules necessary to implement the provision. Effective January 1, 2021.
HB4583 - Skillicorn -
Amends the Illinois Public Aid Code. Requires the Department of Human Services and the Department of Healthcare and Family Services to contract with a third-party vendor to verify eligibility for benefits provided under this Code by utilizing an online website, to be developed and implemented by the contracted vendor, that would enable an individual to apply online for benefits. Effective January 1, 2021.
HB4584 - Skillicorn -
Amends the Illinois Public Aid Code. Provides that a redetermination of eligibility for medical assistance benefits shall be conducted every 3 months. Effective immediately.
Mental Health/DD/CILAS/Disabilities
HB4507 - Turner - Amends the Rehabilitation of Persons with Disabilities Act. Requires the Department of Human Services to operate and maintain the Illinois Center for Rehabilitation and Education for the care and education of educable young adults (rather than children) with one or more physical disabilities and provide in connection therewith nursing and medical care and academic, occupational, and related training to such young adults (rather than children). Provides that any Illinois resident under the age of 22 (rather than 21) years who is educable but has such a severe physical disability or other cause that he or she is unable to take advantage of the system of free education in the State of Illinois, may be admitted to the Center or other specified facilities. Defines "Director" and deletes the definition of "vocational rehabilitation administrator". Amends the School Code. Provides that if the child is deaf, hard of hearing, blind, visually impaired, or diagnosed with an orthopedic impairment or physical disability and he or she might be eligible to receive services from the Illinois Center for Rehabilitation and Education, the school district shall notify the parents, in writing, of the existence of the school and the services provided and shall make a reasonable effort to inform the parents of the existence of other, local schools that provide similar services and the services that these other schools provide.
HB4636 - Meyers-Martin - Amends the Mental Health and Developmental Disabilities Code. Provides that notice of a recipient's rights shall include, if applicable, the recipient's right to request a transfer to a different Department of Human Services' facility. Provides that a recipient in any Department facility, his or her attorney, guardian (if any), or responsible relative may make a written application to the facility director of the recipient's current facility to transfer to another Department facility. Provides that the Department shall provide the form to make such an application to a recipient, his or her attorney, guardian (if any), or responsible relative upon request. Provides that upon receipt of the recipient's application, the facility director shall promptly schedule a hearing to be held within 7 days. Provides that the hearing shall be held at the recipient's current facility. Establishes the burden of proof that the recipient must show in order to be transferred. Provides that if the utilization review committee finds that the recipient has sustained his or her burden and the request for transfer is supported by substantial evidence, it shall recommend that the transfer proceed within 30 days. Provides that if it does not so find, it shall recommend that the recipient not be transferred. Provides that if a recipient's application for transfer is denied, no application may be filed for 180 days. Provides that the recipient does, however, have the right to administratively appeal any decision of the utilization review committee.
Pharmaceutical/Pharmacy
SB2972 - Bertino-Tarrant -
Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Director of Public Health, if a physician licensed to practice medicine in all its branches in Illinois, shall establish a standing order complete with the issuance of a prescription for a hormonal contraceptive in accordance with the requirements of the provisions. Provides that if the Director is not a physician licensed to practice medicine in all its branches in Illinois, the Medical Director of the Department of Public Health shall establish the standing order. Amends the Illinois Insurance Code. Requires a group or individual policy of accident and health insurance or managed care plan to provide coverage for patient care services provided by a pharmacist. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, and the School Code. Amends the Pharmacy Practice Act. Provides that the definition of "practice of pharmacy" includes the dispensing of hormonal contraceptives pursuant to the standing order under provisions of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Amends the Illinois Public Aid Code. Requires the medical assistance program to cover patient care services provided by a pharmacist for hormonal contraceptives assessment and consultation. Effective January 1, 2021.
SB3147 - Feigenholtz -
Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Director of Public Health shall establish a standing order complete with the issuance of a prescription for a smoking cessation product. Prescribes minimum requirements for the standing order. Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed after the effective date of the amendatory Act shall provide coverage for patient care services provided by a pharmacist for smoking cessation assessments and consultations. Amends the Pharmacy Practice Act. Provides that the "practice of pharmacy" includes the assessment and consultation of patients and dispensing of tobacco and nicotine cessation drugs and products. Amends the Illinois Public Aid Code. Provides that, subject to approval by the federal Centers for Medicare and Medicaid Services, the medical assistance program shall cover patient care services provided by a pharmacist for smoking cessation assessments and consultations. Defines terms. Effective January 1, 2020.
HB4471 - Carroll - Amends the Illinois Food, Drug and Cosmetic Act. Provides that a drug is misbranded if it contains gluten but does not provide a warning on its label stating that it contains gluten.
HB4475 - Zalewski -
Amends the Pharmacy Practice Act. Provides that provisions relating to pharmacist working hours shall not apply when an emergency, as deemed by the professional judgement of the pharmacist in charge (rather than the pharmacist), necessitates that a pharmacist, student pharmacist, or pharmacy technician work longer than 12 continuous hours, work without taking required meal breaks, or have a break interrupted in order to minimize immediate health risks for patients.
HB4552 - McCombie -
Amends the Criminal Code of 2012. Enhances the penalties from assault and battery to aggravated assault and aggravated battery if the victim is a pharmacist, student pharmacist, or pharmacy technician performing his or her duties as a pharmacist, student pharmacist, or pharmacy technician. Enhances from a Class 2 felony to a Class 1 felony a robbery or burglary committed in a pharmacy. Amends the Illinois Controlled Substances Act. Provides that any person who violates the provisions concerning the illegal delivery of a controlled substance in an amount not otherwise specified in the statute classified in Schedule II, III, IV, or V that was illegally and directly obtained from a pharmacy, either through robbery or burglary, which substance is not included as a Class 2 felony by the statute, is guilty of a Class 2 felony. Provides that the fine for a violation shall not be more than $200,000. Effective January 1, 2020.
HB4771 - Mazzochi -
Amends the Illinois Food, Drug and Cosmetic Act. Requires a manufacturer of a prescription drug that is sold, offered for sale, or distributed in this State, or placed on a formulary to be eligible for payment, co-payment, or reimbursement in this State, to notify the Department of Public Health of specified information concerning active pharmaceutical ingredients.
HB4785 - Edly-Allen -
Amends the Illinois Controlled Substances Act. Provides that whenever a controlled substance that is an opioid is dispensed by a practitioner, it shall have an orange sticker with the word "opioid" in easily legible font placed on the cap or dispenser and shall have a warning label stating "Risk of addiction and overdose". Provides that a patient may remove the cap sticker or warning label. Provides that the practitioner shall also provide each person with a pamphlet that shall be developed and approved by the Department of Human Services Substance Use Prevention and Recovery Division, which shall include guidance on associated risks of opioid use and how to mitigate them, and the Illinois Helpline for Opioids and Other Substances helpline number or its successor. Provides that the Department of Human Services may adopt rules to implement this provision. Effective January 1, 2021.
Providers
SB2758 - Murphy -
Amends the Medical Practice Act of 1987. Provides that a physician licensed to practice medicine in all its branches may collaborate with a physician assistant if specified requirements are met for a collaborative agreement. Provides that a collaborative agreement shall be for services in the same area of practice or specialty as the collaborating physician in his or her clinical medical practice. Amends the Physician Assistant Practice Act of 1987. Deletes language requiring a collaborative agreement to be written for a physician assistant and changes requirements for the collaborative agreement. Provides that medical care provided by a physician assistant shall be consistent with the physician assistant's education, training, and experience. Makes changes to provisions concerning prescriptive authority of a physician assistant. Provides that in a hospital, hospital affiliate, or ambulatory surgical treatment center, the medical staff (instead of the attending physician) shall determine a physician assistant's role in providing care for patients. Changes the physician assistant advisory committee to the Physician Assistant Medical Licensing Board. Changes the membership and duties of the Board. Removes provisions concerning initial terms of office for Board members. Makes conforming and other changes. Effective January 1, 2021.
SB2965 - Crowe -
Amends the Illinois Dental Practice Act. Makes changes to the definitions of "branches of dentistry" and "teledentistry". Provides that a dentist may administer vaccinations to patients 18 years of age and older if it is a general policy or recommendation published by the Centers for Disease Control or the Director of Public Health. Effective immediately.
SB2900 - Morrison -
Amends the Medical Patient Rights Act. Provides that if a covered entity under the federal Health Insurance Portability and Accountability Act of 1996 intends to use or disclose an individual's protected and individually identifiable health information to engage in fundraising communications or communications for marketing purposes, the covered entity must, prior to the use or disclosure, obtain valid authorization from the individual who is the subject of the protected and individually identifiable health information. Contains language stating the intent of the General Assembly. Effective immediately.
SB2971 - Bertino-Tarrant -
Amends the Assisted Living and Shared Housing Act and the Nursing Home Care Act. Directs assisted living establishments and facilities licensed under the Nursing Home Care Act to institute written policies and procedures regarding the acceptance of personal gifts from a resident or the family member of a resident. Requires assisted living establishments and facilities to include in all employment contracts a provision that prohibits acceptance of a monetary gift from a resident or the family member of a resident, which shall also notify the employee of the need to enter into a repayment agreement to recoup the value of any gift accepted by staff from a resident or the family member of a resident that is not returned promptly. Provides that if the employee agrees to and signs the repayment agreement, the assisted living establishment or facility shall be permitted to withhold up to 15% of the employee's wages per paycheck, or a higher amount from the employee's final compensation, until the employee has paid back the full value of the monetary gift.
SB2983 - Villanueva -
Amends the Hospital Licensing Act and the University of Illinois Hospital Act. Provides that, except for billing purposes, a hospital may not inquire about a patient's financial status. Provides that a hospital may not treat a patient in a different manner based solely on his or her financial status.
SB3067 - Martinez -
Amends the Nurse Practice Act. Ratifies and approves the Nurse Licensure Compact, which allows for the issuance of multistate licenses that allow nurses to practice in their home state and other compact states. Provides that the Compact does not supersede existing State labor laws. Provides that the State may not share with or disclose to the Interstate Commission of Nurse Licensure Compact Administrators or any other state any of the contents of a nationwide criminal history records check conducted for the purpose of multistate licensure under the Nurse Licensure Compact.
SB3093 - Rose -
Amends the Nurse Practice Act. Ratifies and approves the Nurse Licensure Compact, which allows for the issuance of multistate licenses that allow nurses to practice in their home state and other compact states. Provides that the Compact does not supersede existing State labor laws.
SB3126 - Aquino -
Amends the Medical Practice Act of 1987. Changes the name the Illinois State Medical Disciplinary Board to the Illinois State Medical Board, and changes the membership of the Board. Changes references to the Illinois State Medical Disciplinary Board and the Medical Licensing Board to the Illinois State Medical Board. Provides that the Secretary of Financial and Professional Regulation may take action contrary to the recommendation of the Illinois State Medical Board or order a rehearing of a formal disciplinary action if he or she is satisfied that substantial justice has not been done. Provides that the Department of Financial and Professional Regulation may close a complaint, after investigation and approval of the Chief Medical Coordinator, if certain standards are not met. Makes changes to provisions concerning definitions; the Complaint Committee; findings and recommendations; and administrative review. Repeals provisions concerning the Medical Licensing Board and withdrawal of applications. Replaces references to the Medical Disciplinary Board and the Medical Licensing Board. Makes other changes.
HB4461 - Skillicorn -
Amends the State Finance Act. Removes provisions concerning one-time or annual transfers from the General Revenue Fund to the University of Illinois Hospital Services Fund. Effective immediately.
HB4474 - Villa - Refers to the amendatory Act as Marlen's Law. Amends the University of Illinois Hospital Act and the Hospital Licensing Act. Requires hospitals organized or licensed under the Acts to make reasonable efforts to verify that when an infant who is less than 3 months of age is admitted to such a hospital with visible signs of abuse or neglect and was not born at the hospital at least one individual accompanying the infant is the infant's parent or guardian or permitted by the infant's parent or guardian to accompany the infant. Provides that if the hospital is unable to make such a verification, then each individual accompanying the infant must provide a sample of his or her DNA and information sufficient to identify the individual, which shall be kept on file at the hospital. Effective immediately.
HB4578 - Moeller -
Amends the Clinical Psychologist Licensing Act. In language providing that a written delegation of prescriptive authority by a collaborating physician may only include medications for the treatment of mental health disease or illness the collaborating physician generally provides to his or her patients in the normal course of his or her clinical practice, deletes an exception for patients who are less than 17 years of age or over 65 years of age.
HB4579 - Moeller -
Amends the Nurse Practice Act. Provides that, in the case of anesthesia services provided by a certified registered nurse anesthetist, a physician, a dentist, or a podiatric physician must participate through discussion of and agreement with the anesthesia plan and remain available during the delivery of surgical anesthesia services for diagnosis, consultation, and treatment of emergency medical conditions (rather than an anesthesiologist, a physician, a dentist, or a podiatric physician must participate through discussion of and agreement with the anesthesia plan and remain physically present and available on the premises during the delivery of anesthesia services for diagnosis, consultation, and treatment of emergency medical conditions). Effective immediately.
HB4655 - Mazzochi -
Amends the Fair Patient Billing Act. Provides that if a hospital bills a patient $50,000 or more for health care services in a period of 72 hours, the hospital shall provide with its bill copies of the electronic records used to generate all charges and shall further itemize any item and make electronic copies of the patient's charts available at the patient's request within 5 days of billing or the date of request, whichever is later. Provides that hospitals must return calls made by patients within 5 calendar days of receipt of the patient request for amounts billed in excess of $50,000.
HB4656 - Mazzochi -
Amends the Medical Patient Rights Act. Provides that, in addition to any other right provided under the Act: (1) females over the age of 40 have the right to a breast cancer screening mammogram once per year; and all persons have a right to request annual screening under the age of 40 if such person has a family history of breast cancer; or genetic testing has confirmed likelihood that such person has otherwise tested positive for BRCA1 or BRCA2 mutations; (2) males have the right to prostate-specific antigen testing at once per year if specified requirements are met; (3) all persons have the right to colorectal screening under specified conditions; and (4) all persons over the age of 18, or under the age of 18 with one parent's consent, have the right to screening for sexually transmitted diseases or infections at least every 6 months, or in the event of unprotected sexual activity. Provides that, unless otherwise provided by law, the patient seeking the diagnostic test without a written order from a physician shall be responsible for paying the requested diagnostic costs, provided that the provider of the diagnostic testing must provide the patient in writing the cost of the diagnostic test prior to the test being performed, and the patient agrees in writing to that amount.
HB4657 - Mazzochi -
Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois Act. Requires the Department of Public Health to identify at least 2 hospitals that have had over the last 5 years similar reported levels of patients with one or more types of hospital-acquired infections and to solicit proposals from at least one such hospital to conduct a pilot program to install in common hospital touch surfaces antimicrobial metallic material in the rooms of patients likely to be at high risk of hospital-acquired infections. Provides that installation costs for the pilot program shall be classified as capital infrastructure improvements and eligible for capital development grants. Contains specified requirements for the Department regarding the pilot program.
HB4692 - Willis -
Amends the Medical Practice Act of 1987. Provides that a physician licensed to practice medicine in all its branches may collaborate with a physician assistant if specified requirements are met for a collaborative agreement. Provides that a collaborative agreement shall be for services in the same area of practice or specialty as the collaborating physician in his or her clinical medical practice. Amends the Physician Assistant Practice Act of 1987. Deletes language requiring a collaborative agreement to be written for a physician assistant and changes requirements for the collaborative agreement. Provides that medical care provided by a physician assistant shall be consistent with the physician assistant's education, training, and experience. Makes changes to provisions concerning prescriptive authority of a physician assistant. Provides that in a hospital, hospital affiliate, or ambulatory surgical treatment center, the medical staff (instead of the attending physician) shall determine a physician assistant's role in providing care for patients. Changes the physician assistant advisory committee to the Physician Assistant Medical Licensing Board. Changes the membership and duties of the Board. Removes provisions concerning initial terms of office for Board members. Makes conforming and other changes. Effective January 1, 2021.
HB4696 - Moeller -
Amends the Medical Practice Act of 1987. Changes the name the Illinois State Medical Disciplinary Board to the Illinois State Medical Board, and changes the membership of the Board. Changes references to the Illinois State Medical Disciplinary Board and the Medical Licensing Board to the Illinois State Medical Board. Provides that the Secretary of Financial and Professional Regulation may take action contrary to the recommendation of the Illinois State Medical Board or order a rehearing of a formal disciplinary action if he or she is satisfied that substantial justice has not been done. Provides that the Department of Financial and Professional Regulation may close a complaint, after investigation and approval of the Chief Medical Coordinator, if certain standards are not met. Makes changes to provisions concerning definitions; the Complaint Committee; findings and recommendations; and administrative review. Repeals provisions concerning the Medical Licensing Board and withdrawal of applications. Replaces references to the Medical Disciplinary Board and the Medical Licensing Board. Makes other changes.
HB4698 - Murphy -
Amends the Frail Elderly Individual Family Visitation Protection Act. Deletes language providing that the Act does not apply if the family caregiver is acting as agent under a power of attorney or acting a
HB4725 - Willis -
Amends the Medical Practice Act of 1987. Provides that not later than 12 months after the effective date of the amendatory Act, the Department of Financial and Professional Regulation shall adopt rules that require a person seeking licensure to practice medicine in all of its branches to have completed 6 hours of education on the diagnosis, treatment, and care of individuals with cognitive impairments, including, but not limited to, Alzheimer's disease and other dementias. Provides that no later than 12 months after the effective date of the amendatory Act, the Department shall adopt rules that require any continuing education for persons licensed to practice medicine under all of its branches under the Act to include an average of 2 hours of continuing education per license year on the diagnosis, treatment and care of individuals with cognitive impairments, including, but not limited to, Alzheimer's disease and other dementias. Specifies that the training requirement shall only apply to persons who serve adult populations. Provides that the curriculum used for the training shall cover the diagnosis of Alzheimer's disease and other dementias, including recognizing the signs and symptoms of dementia; person-centered care; assessment and care planning; and culturally competent health care.
Other
SB3092 - Rose -
Amends the Genetic Information Privacy Act. Provides that it is unlawful for any person or business to disclose an individual's genetic information to third parties specifically for marketing, advertising, or sales purposes unless the individual, or his or her legal guardian or legally authorized representative, consents in writing to the disclosure. Provides that any request for consent to disclose an individual's genetic information to third parties for marketing, advertising, or sales purposes must be provided in a written notice separate from any other communication that clearly and conspicuously states how the information will be disclosed, including to whom the information will be disclosed and how the information will be used by the recipient, seeks the individual's, or his or her legal guardian's or legally authorized representative's, consent to disclosure, and informs the individual, or his or her legal guardian or legally authorized representative, of how to cancel consent to disclosure once given.
SB3107 - Hunter -
Creates the Sickle Cell Prevention, Care, and Treatment Program Act. Requires the Department of Healthcare and Family Services to establish a program for the purpose of providing for the prevention, care, and treatment of sickle cell disease and for educational programs concerning the disease. Requires the Department to: (1) develop application criteria and standards of eligibility for groups or organizations that apply for funds under the program; (2) develop standards for determining eligibility for individuals requesting care and treatment for sickle cell disease under the program; and (3) make available grants to groups and organizations who meet the eligibility standards set by the Department. Provides that the highest priority for grants shall be accorded to established sickle cell disease community-based organizations, and priority shall be given to ensuring the establishment of sickle cell disease centers in underserved areas that have a higher population of sickle cell disease patients. Provides that the program must: (i) increase access to health care, mental health resources, and pain management therapies for individuals with sickle cell disease; (ii) provide counseling to any individual, at no cost, concerning sickle cell disease and the sickle cell trait; (iii) provide for the establishment of additional sickle cell disease infusion centers; and (iv) provide for the development of a sickle cell disease educational outreach program. Requires the Department to conduct a study to determine the prevalence, impact, and needs of individuals with sickle cell disease and the sickle cell trait in Illinois. Amends the State Finance Act. Creates the Sickle Cell Chronic Disease Fund.
HB4480 - Mazzochi -
Amends the Property Tax Code. In provisions concerning exemptions related to hospitals and health care services, provides that ambulance transport is considered a service that addresses the health care needs of low-income or underserved individuals. Effective immediately.
HB4546 - Connor - Amends the State Employees Group Insurance Act of 1971. Allows the Department of Central Management Services to set an interest rate penalty for the repayment of services provided under the Act that is lesser than the rate provided under the Illinois Insurance Code. Effective immediately.
HB4567 - Mason - Amends the Emergency Medical Services (EMS) Systems Act. Provides that emergency medical (EMS) personnel may provide preveterinary emergency care to a dog or cat to the extent the EMS personnel has received commensurate training and is authorized by his or her employer to provide care. Provides that requirements governing the circumstances under which EMS personnel may provide preveterinary emergency care to dogs and cats may be specified in the employer's policies governing the provision of care. Contains language stating that nothing in the Act imposes upon EMS personnel any obligation to provide care to a dog or cat or to provide care to a dog or cat before a person. Amends the Veterinary Medicine and Surgery Practice Act of 2004. Provides that nothing in that Act shall apply to EMS personnel who provide preveterinary emergency care to a dog or cat under the amended provisions of the Emergency Medical Services (EMS) Systems Act. Effective immediately.
HB4592 - Davidsmeyer -
Amends the Nursing Home Care Act. Provides that a majority of appointed members of the Long-Term Care Facility Advisory Board shall constitute a quorum. Provides that when a quorum is present, a majority of votes cast (rather than the affirmative vote of 6 members of the Board) shall be necessary for Board action.
HB4664 - Gabel -
Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to ensure that the Illinois Breast and Cervical Cancer Program covers expenses: (1) of gynecology visits for women who have cervical cancer symptoms that do not allow them to receive a pap smear; and (2) for women who enter the program for a cervical cancer screen but are found to have a cancer other than cervical cancer.
HB4635 - Meyers-Martin -
Amends the Health Care Surrogate Act. Removes the requirement that an attending physician or qualified physician be licensed in Illinois. Effective immediately.
HB4716 - Bryant -
Amends the Personnel Code. Provides that registered nurses, including those employed by the Department of Public Health, are completely exempt from the jurisdiction of the Department of Central Management Services with respect to the hiring of those individuals. Amends the Nurse Practice Act. Provides that when hiring a registered nurse, no State agency shall take into consideration the accreditation status of the nursing school or program of the applicant if he or she is licensed as a registered nurse by the Department of Financial and Professional Regulation.
HB4742 - Flowers - Creates the Sickle Cell Prevention, Care, and Treatment Program Act. Requires the Department of Healthcare and Family Services to establish a program for the purpose of providing for the prevention, care, and treatment of sickle cell disease and for educational programs concerning the disease. Requires the Department to: (1) develop application criteria and standards of eligibility for groups or organizations that apply for funds under the program; (2) develop standards for determining eligibility for individuals requesting care and treatment for sickle cell disease under the program; and (3) make available grants to groups and organizations who meet the eligibility standards set by the Department. Provides that the highest priority for grants shall be accorded to established sickle cell disease community-based organizations, and priority shall be given to ensuring the establishment of sickle cell disease centers in underserved areas that have a higher population of sickle cell disease patients. Provides that the program must: (i) increase access to health care, mental health resources, and pain management therapies for individuals with sickle cell disease; (ii) provide counseling to any individual, at no cost, concerning sickle cell disease and the sickle cell trait; (iii) provide for the establishment of additional sickle cell disease infusion centers; and (iv) provide for the development of a sickle cell disease educational outreach program. Requires the Department to conduct a study to determine the prevalence, impact, and needs of individuals with sickle cell disease and the sickle cell trait in Illinois. Amends the State Finance Act. Creates the Sickle Cell Chronic Disease Fund.
HB4743 - Mazzochi - Creates the Patient-Assisted Hemophilia Medication Administration Act. Provides that emergency personnel may assist a patient with a rare blood disease in emergency situations to administer patient-carried medication if the administration meets specified requirements, irrespective of the age of the patient and without the need to secure separate consent from the patient or the patient's caregiver or a legal guardian if the emergency personnel take steps to deliver the patient to a receiving hospital and the receiving hospital is informed of the pending arrival of the rare blood disease patient, along with the treatment instituted by the emergency personnel. Provides an exemption from civil or professional liability. Allows the Department of Public Health to conduct or approve a training program for emergency personnel to recognize and learn additional treatment protocols for rare blood disorders. Amends the State Mandates Act to require implementation without reimbursement.
HB4750 - Reitz - Amends the Regulatory Sunset Act. Provides that the Radiation Protection Act of 1990 is repealed on January 1, 2031 (currently, January 1, 2021). Effective immediately.
HB4789 - Swanson - Amends the State Employees Group Insurance Act of 1971, the Counties Code, and the Illinois Municipal Code. Provides that the program of health benefits for persons in the service of the State, a self-insuring county, or a self-insuring municipality may not deny a claim from a medical facility operated by the Veterans Health Administration of the U.S. Department of Veterans Affairs on the basis that the medical facility is an out-of-network provider and may not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on a claim from a medical facility operated by the Veterans Health Administration of the U.S. Department of Veterans Affairs unless cost sharing is applied to such a claim from an in-network provider. Amends the Network Adequacy and Transparency Act. Provides that an insurer providing a network plan may not deny a claim from a medical facility operated by the Veterans Health Administration on the basis that the medical facility is a non-preferred provider and may not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on a claim from a medical facility operated by the Veterans Health Administration unless cost sharing is applied to such a claim from a preferred provider. Defines "Veterans Health Administration".
HB4798 - West -
Amends the Illinois Act on Aging. Provides that subject to appropriations, any person who is not otherwise eligible for services provided under the Community Care Program may qualify for emergency home response services if the person: (1) is 80 years of age or older; (2) lives independently; (3) is a U.S. citizen or legal alien; (4) is a resident of this State; and (4) does not own interest in non-exempt assets having a combined value in excess of $17,500. Provides that a person's home, vehicle, and personal belongings shall not be considered when determining the amount of his or her assets. Provides that the Department on Aging, or an organization designated by the Department, shall make eligibility determinations. Provides that a determination of need assessment is required for any person who is otherwise eligible for emergency home response services through the Community Care Program. Provides that any person who qualifies for emergency home response services under the amendatory Act shall have an emergency home response system installed in his or her home at no cost. Defines, "emergency home response system" to mean a two-way voice communication system consisting of a base unit and an activation device worn by the older adult that will automatically link the older adult to a professionally staffed support center.
JCAR Update
There were no proposed healthcare-related rules last week.
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