Well, today’s scheduled adjournment date will not be met. I don’t anticipate a late night tonight. Expect lawmakers to return next week to finish up. Remaining items include the budget, both revenue and procurement omnibus bills, and…
Possible BIPA Bill Emerging at Last Minute
There is discussion about a last-minute push to reform BIPA. The rumored language would provide a damage cap at a per person amount around $1500. This would apply to all cases still pending.
While this is far from everything we’ve asked for, as it omits several key innovation and security provisions, this would represent a life raft for hundreds of companies facing bankruptcy.
Keep an eye out for a Senate amendment. I’ll send along language once/if something is filed.
Floor Votes
HB 2443, Hearing Aid Coverage-Neutral passed the House on concurrence 86-27-0. This bill provides that an individual or group policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed after the effective date of the amendatory Act must provide coverage for medically necessary hearing instruments and related services for all individuals (rather than all individuals under the age of 18) when a hearing care professional prescribes a hearing instrument to augment communication.
HB 3631, PBM passed the House on concurrence 113-0-0. This bill amends the Pharmacy Benefit Managers Article of the Illinois Insurance Code. Provides that a pharmacy benefit manager may not retaliate against a pharmacist or pharmacy for disclosing information in a court, in an administrative hearing, before a legislative commission or committee, in any other proceeding, or to a government or law enforcement agency, if the pharmacist or pharmacy has reasonable cause to believe that the disclosed information is evidence of a violation of a State or federal law, rule, or regulation. Provides that a pharmacist or pharmacy shall make commercially reasonable efforts to limit the disclosure of confidential and proprietary information. Provides that retaliatory actions against a pharmacy or pharmacist include specified actions.
HB 3957, Drug Pricing passed out of the Senate 52-2-0. This bill provides that a manufacturer or wholesale drug distributor shall not engage in price gouging in the sale of an essential off-patent or generic drug. Provides that the Director of Healthcare and Family Services or Director of Central Management Services shall (rather than may) notify the Attorney General of any increase in the price of any essential off-patent or generic drug under the Medical Assistance Program under the Illinois Public Aid Code or a State health plan, respectively, that amounts to price gouging. Upon petition of the Attorney General, a circuit court may issue an order imposing a civil penalty of up to $10,000 per day (rather than only $10,000) for each violation of the Act or providing for the Attorney General's recovery of costs and disbursements incurred in bringing an action against a manufacturer found to be in violation of the Act.
ICYMI: New IL Chamber BIPA Brief Accepted by IL Supreme Courts
This week the Illinois Supreme Court accepted the Illinois Chamber of Commerce’s amicus brief in the case of Mosby v. Ingalls Memorial Hospital and Mazya v. Northwestern Lake Forest Hospital.
In this case, the Supreme Court is being asked to interpret the “health care exclusion” to BIPA liability. This exclusion, obviously, becoming much more important after the “annihilative liability” authorized in White Castle. The appellate court ruled that this exception is limited to patient information which unjustly exposes our healthcare providers to this “annihilative liability”. Instead, we argue that the legislature wished to exclude “all information collected, used, or stored for health care treatment, payment or operations” regardless of whether that information is collected from a patient or an employee. Secondary to our concern about liability, is that the appellate court’s interpretation would discourage health care providers from complying with HIPAA by using biometric identifiers to safeguard private health care information in their daily operations.
You can read our full brief HERE.
Rulemaking
Hospitals: The DEPARTMENT OF PUBLIC HEALTH adopted amendments to Hospital Licensing Requirements (77 IAC 250; 46 Ill Reg 19115 and 19403) effective 4/27/23, combining two separately proposed rulemakings and implementing 3 Public Acts. This rulemaking implements Public Act 102-155, which requires hospitals to offer facility-provided medications to patients upon discharge when the medication provided has not been completely used and is required for continuous treatment. The rulemaking also implements PA 102-989, which requires hospitals to develop patient visitation policies and procedures for use during disasters or outbreaks of communicable disease, and PA 102-1007, which requires hospitals to ensure that employees are made aware of employee assistance programs or similar programs available to promote their physical and mental wellbeing. Additional changes requested by the hospital industry include clarification of the General Acute Care and Specialty hospital licensing categories and their associated requirements; procedures for temporary closure and reinstatement of hospital operations following a natural or human-made disaster; procedures for notifying law enforcement agencies when a patient appears to have been injured as a result of a sexual assault or other criminal offense; and updated policies and procedures regarding care and treatment of psychiatric patients. Since 1st Notice, DPH has clarified that patients who appear to be victims of sexual assault do not have to disclose their identities to law enforcement; that policies for care and treatment of psychiatric patients should be appropriate to the age of the patient population (e.g., pediatric patients); and when an on-site inspection by DPH is required before a hospital affected by a disaster can reopen. Additional amendments align the Part’s rules for operation of fluoroscopes with Illinois Emergency Management Agency rules for medical use of x-rays in 32 IAC 360 and allow accredited medical radiographers, accredited radiation therapists, or accredited radiologist assistants, under certain conditions, to operate fluoroscopes as authorized by the IEMA rules. (Formerly, DPH rules restricted this task to credentialed physicians.)
Health Care Providers: DPH adopted amendments to the Part now titled Underserved Health Care Provider Workforce Code (77 IAC 590; 46 Ill Reg 20730) effective 4/27/23 implementing PA 102-888, which amended the Underserved Health Care Provider Act. The rulemaking changed the name of the Part (formerly Underserved Physician Workforce Code) and includes advanced practice registered nurses (APRNs) and physician assistants (PAs) among the health care providers eligible for loan repayment assistance (previously, only primary care physicians, general surgeons, emergency medicine physicians, and obstetricians qualified for the program). All eligible health care providers must accept payment from Medicare, Medicaid, the State Children’s Health Insurance Program, private insurance, or directly from the patient. The rulemaking also adds hospitals and rural health clinics to the medical facilities where eligible health care providers can provide service that fulfills the conditions for educational loan repayment. Those affected by this rulemaking include APRNs and PAs seeking loan repayment assistance and medical facilities that employ them.
Questions/requests for copies of these 2 DPH rulemakings: Tracey Trigillo, DPH, 524 S. Second St., 6th Floor, Springfield, IL 62701, 217/782-1159, dph.rules@ illinois.gov.
Articles of Interest
Don’t Forget to Register for the Women in Business Conference
June 21, 2023
8:30 am – 2:30 pm
NIU Center | 1120 E. Diehl Road Naperville, IL 60563
The Illinois Chamber welcomes you to our women's conference as we come together to discuss and further dreams of our already strong women for a stronger Illinois. This year's theme is "Celebrate Success." The robust agenda will provide time for networking and connecting with professionals, and topics providing takeaways for all to take back to the office or home. Sponsorships now available, more information here.
