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Healthcare-Related Bill Introductions This Week
A new year means legislation has started to trickle in again. Below are the healthcare-related bills that have been introduced since our last update.
SB2328 - Murphy -
Amends the Mental Health and Developmental Disabilities Administrative Act. Requires DHS to create and maintain an online database and resource page on its website for mental health resources specifically geared toward post-secondary social workers, counselors, parents, faculty, graduate assistants, school administrators, graduate and undergraduate students, and support personnel.
SB2330 - T. Cullerton -
Creates the Data Transparency and Privacy Act (Right to Know). Provides that any business that processes personal information or deidentified information must, prior to processing, provide notice to the consumer to whom the information refers or belongs of specific information in the service agreement or somewhere readily accessible on the business' website or mobile application. Establishes a "right to know" for consumers and prescribes types of information that they may request of businesses. Provides that consumers have the right to opt out of agreements that entail the disclosure of personal information from the business to third parties and affiliates, the sale of personal information from the business to third parties and affiliates, and the processing of personal information by the business, third parties, and affiliates. Provides that consumers have the right to request that a business correct inaccurate personal information about the consumer or delete personal information about the consumer. Prescribes a protocol for the handling of consumer requests by businesses. Prescribes pricing incentives and prohibitions against discrimination. Provides that businesses, affiliates, and third parties must conduct risk assessments and provides requirements for the assessments. Provides that enforcement of the Act may arise through private actions or enforcement by the Attorney General. Provides that any waiver of the provisions of the Act is void and unenforceable. Contains home rule preemption and severability provisions. Effective July 1, 2021.
SB2340 - Fine -
Amends the Illinois Controlled Substances Act. Provides that a prescriber who is licensed to prescribe controlled substances shall, prior to issuing a prescription for an opioid that is a Schedule II controlled substance, discuss with a patient who is under 18 years of age and is an emancipated minor, or with the patient's parent or guardian if the patient is under 18 years of age and is not an emancipated minor, the risks of developing a physical or psychological dependence on the opioid and, if the prescriber deems it appropriate, any alternative treatments as may be available. Provides that a prescriber who engages in a discussion required under this provision shall include a note in the patient's medical record indicating that the discussion took place. Provides that the discussion required under this provision shall not be required prior to issuing a prescription to any patient who is currently receiving hospice care from a comprehensive hospice licensed under the Hospice Program Licensing Act. Effective immediately.
HB3983 - Carroll -
Creates the Childhood Anaphylactic Policy Act. Requires the Department of Public Health, in consultation with the State Board of Education and the Department of Children and Family Services, to establish anaphylactic policies for school districts and day care centers. Requires the Department to create, distribute, and make available on its website informational materials regarding the policies. Contains requirements for the policies. Requires schools and day care centers to notify parents and guardians of the policies at least once each calendar year. Requires the policies to be forwarded to each school board of a school district, charter school, and day care center in the State within 6 months after the Act's effective date and to be implemented by those entities within 6 months after receiving the policies. Provides that the policies shall be updated at least once every 3 years. Contains other provisions. Effective July 1, 2020.
HB3900 - McDermed - Amends the Criminal Code of 2012. Adds, to the definition of "personal identifying information" for purposes of identity theft: (1) any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional and (2) a person's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify a person, or any information in an individual's application and claims history, including, but not limited to, appeals history.
HB4000 - McDermed -
Amends the Illinois Insurance Code. Prohibits a life insurance company from denying coverage to an individual, limiting the amount, extent, or kind of coverage available to the individual, or charging an individual or group to which the individual belongs a different rate solely because the individual has been prescribed or has obtained through a standing order an opioid antagonist.
HB4036 - Scherer -
Amends the State Employees Group Insurance Act of 1971. Defines "qualifying change in status" for the purpose of clarifying those persons who may be eligible for health coverage under the Act as an employee, spouse, or dependent due to such change in status. Makes a conforming change. Effective immediately.
HB4038 - Davis -
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the methodologies for reimbursement under the managed care medical assistance program shall not be applicable to facilities licensed under the Specialized Mental Health Rehabilitation Act of 2013. Provides that covered services provided by facilities licensed under the Specialized Mental Health Rehabilitation Act of 2013 shall be reimbursed at the rates paid under the Illinois Medicaid fee-for-service methodology.
JCAR Update
DPH proposed amendments to the Part titled Skilled Nursing and Intermediate Care Facilities Code (77 IAC 300; 44 Ill Reg 435) implementing provisions of Public Acts 101-10 and 101-217. The rulemaking establishes oversight procedures and penalties for nursing homes that violate minimum staffing requirements or that fail to obtain informed consent from residents prior to administering psychotropic medications.
DFPR proposed amendments to the Part titled The Illinois Speech Language Pathology and Audiology Practice Act (68 IAC 1465; 44 Ill Reg 55) implementing the sunset reauthorization of the Act for the next 10 years. The amendments authorize speech language pathologists and audiologists to perform basic health screenings if they have been trained to do so through an approved curriculum, continuing education (CE) or worksite training; expand the types of licensing examinations that will be recognized and the scope of practice for licensees; specify subject areas of speech and language disorders that must be covered by an approved curriculum; expand approval for audiology doctoral degree programs; add ethics training CE requirements; limit how much CE time can be earned through programs sponsored by hearing instrument or auditory prosthetic manufacturers; and clarify how foreign applicants may meet educational and licensure requirements. Speech-language pathologists who supervise assistants must complete 6 hours of initial training and 2 hours of CE in each licensing cycle thereafter (currently, 10 hours of initial training is required). Speech-language pathologists, audiologists and their employers and education providers may be affected by this rulemaking.
Department of Insurance proposed a new Part titled Corporate Governance Annual Disclosure (50 IAC 630; 44 Ill Reg 88) implementing new accreditation standards adopted by the National Association of Insurance Commissioners (NAIC). The rulemaking requires all Illinois insurers or insurance groups to which they belong to file a Corporate Governance Annual Disclosure (CGAD) with DOI by June 1 annually. After an initial CGAD is filed, an amended version may be filed each year indicating where changes have been made, or stating that no changes have been made. The CGAD must describe the governing structure of the company, including the individuals, committees or boards responsible for oversight at various levels; the duties of its board, committees and officers; how board members or committees are chosen; its code of business conduct and ethics; how it identifies and mitigates risks; and its processes for performance evaluation.
Healthcare In the News
Bloomberg: California Plan Would Upend Drug Prices, Though Obstacles Abound
Bloomberg: Hospital Bankruptcies Leave Sick and Injured Nowhere to Go
New Edition of the Illinois Business Leader
The Chamber's quarterly magazine is now out. This edition features:
- Graduated Income Tax: Debunk: Round One
- Veto Session Wrap Up
- Leader In Diversity: Illinois American Water
- New Laws Forum and Workers Comp Conference Coverage
- Reciprocal Program with Vietnam
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