Illinois Chamber Healthcare Council Newsletter

Clark Kaericher | Executive Director, Healthcare Council & Sr. VP of Government Affairs | 618-806-1501

March 31, 2023

The purpose of the Healthcare Council is to develop and take actions to achieve affordable, accessible, efficient, high-quality healthcare options for the employers and residents of our state. We advocate for market-based solutions that encourage innovation in healthcare delivery – and work against costly mandates and burdensome regulations. Through quarterly meetings, the Council brings together the diverse voices of the healthcare community and provides a forum to interact with government and private sector leaders at the highest levels.

It’s Spring Break! Going anywhere interesting?

Floor Votes

These reflect the bills of interest passed between last Friday morning (when the last newsletter was sent) and Thursday night.

SB 69, Hospitals/Immunization Policy passed the Senate 55-2-0. This bill requires every hospital to adopt an influenza and pneumococcal immunization policy that includes procedures for identifying patients age 50 or older for influenza immunization and 65 or older for pneumococcal immunization (rather than just for identifying patients age 65 or older).

SB 101, INS Coverage passed the Senate 57-0-0. This bill provides that no group or individual policy of accident and health insurance or managed care plan shall deny or delay coverage for medically necessary treatment because the insured, enrollee, or beneficiary previously received any treatment, including the same or similar treatment, for pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections or pediatric acute onset neuropsychiatric syndrome, or because the insured, enrollee, or beneficiary has been diagnosed with or receives treatment for an otherwise diagnosed condition.

SB 199, Nursing passed the Senate 57-0-0. This bill provides that the scope of practice of an advanced practice registered nurse with full practice authority includes prescribing up to a 120-day supply of benzodiazepines without a consultation relationship with a physician. Provides that thereafter, continued prescription of benzodiazepines shall require a consultation with a physician.

SB 303, Pharmacy passed the Senate 56-0-0. This bill amends the Pharmacy Practice Act. In provisions concerning how pharmacy technicians may be educated and trained, includes equivalent work experience of 500 hours as a pharmacy technician covering specified practice areas or equivalent work experience as a pharmacy technician as set forth by the Department of Financial and Professional Regulation by rule. 

SB 1282, INS Coverage passed the Senate 55-2-0. This bill Provides that a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2025 shall provide coverage for preventative liver disease screenings for individuals 35 years of age or older and under the age of 65 at high risk for liver disease, including liver ultrasounds and alpha-fetoprotein blood tests every 6 months, without imposing a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided.

SB 1289, Dental passed the Senate 55-0-0. This bill Provides that no insurer, dental service plan corporation, professional service corporation, insurance network leasing company, or any company that amends, delivers, issues, or renews an individual or group policy of accident and health insurance on or after the effective date of the amendatory Act shall require a dental care provider to incur a fee to access and obtain payment or reimbursement for services provided. Provides that a dental plan carrier shall provide a dental care provider with 100% of the contracted amount of the payment or reimbursement.

SB 1559, Insulin passed the Senate 57-0-0. This bill creates the Access to Affordable Insulin Act. In provisions concerning cost sharing in prescription insulin drugs, provides that an insurer that provides coverage for prescription insulin drugs under the terms of a health coverage plan the insurer offers shall limit the total amount that an insured is required to pay for a 30-day supply of covered prescription insulin drugs at an amount not to exceed $35 (rather than $100). Provides that the Department of Insurance shall offer a discount program that allows participants to purchase insulin at a discounted, post-rebate price. Sets forth provisions concerning the discount program. Changes the effective date to January 1, 2025.

SB 1665, Hospitals/Income passed the Senate 38-19-0. Provides that for purposes of determining eligibility and the amount of assistance under the Code, the Department of Human Services and local governmental units shall exclude from consideration any financial assistance, including cash transfers or gifts, that is provided to a person through a guaranteed income program (rather than the Department of Human Services and local governmental units shall exclude from consideration, for a period of no more than 60 months, any financial assistance, including wages, cash transfers, or gifts, that is provided to a person who is enrolled in a program or research project that is not funded with general revenue funds and that is intended to investigate the impacts of policies or programs designed to reduce poverty, promote social mobility, or increase financial stability for Illinois residents if there is an explicit plan to collect data and evaluate the program or initiative that is developed prior to participants in the study being enrolled in the program and if a research team has been identified to oversee the evaluation). Provides that in determining eligibility under this Act, a hospital subject to the Act shall exclude from consideration any unconditional cash transfers, payments, or gifts received under a guaranteed income program if: (A) such cash transfers, payments, or gifts are excluded from consideration for determining eligibility under public health insurance programs administered by the State in which the State has the authority to waive guaranteed income; and (B) the guaranteed income program is a program for a defined number of months or years designed to reduce poverty, promote social mobility, or increase financial stability for program participants and if there is an explicit plan to collect data. Provides that the preceding provision is inoperative on and after July 1, 2026. Adds the Health Benefits for Immigrants program to the list of public health insurance programs that an uninsured patient must first apply to before seeking any available hospital discounts under the Act.

SB 1774, Clinical Trial passed the Senate 57-0-0. This bill amends the Cancer Clinical Trial Participation Program Act. Changes the short title of the Act to the Clinical Trial Participation Program Act. Throughout the Act, replaces references to "cancer clinical trial" with references to "clinical trial" and makes conforming changes. Provides that "clinical trial" includes a voluntary research study conducted on people and designed to answer specific questions about the safety or effectiveness of a drug, vaccine, therapy, medical device, medical diagnostic, or new way of using an existing treatment to treat or diagnose a condition. 

SB 1889, Pharmacy passed the Senate 55-0-0. This bill provides that supportive staff who solely perform clerical work are not required to be licensed as a registered pharmacy technician. Defines "clerical work". Provides that it shall be the responsibility of the pharmacy, the pharmacist-in-charge, and the pharmacy technician to ensure supportive staff are properly trained. When a pharmacist is not present in the pharmacy, a registered pharmacy technician, registered certified pharmacy technician, student pharmacist, and other supportive staff shall sell prescriptions that have received final verification by a pharmacist. Provides that a registered pharmacy technician, registered certified pharmacy technician, student pharmacist, or other supportive staff shall connect a patient to a pharmacist to provide counseling by audio or video technology for any prescription that requires counseling by a pharmacist. Provides that it shall be the responsibility of the pharmacy and pharmacist-in-charge to ensure that all staff, including supportive staff, are trained in selling pre-verified prescriptions. Provides that the prescription record shall contain the names, initials, or other unique identifier of both the pharmacist who verified the prescription and the staff member who sells the prescription. 

HB 1186, Insurance/Referral passed the House 111-0-0. This bill provides that the powers of a health maintenance organization include the voluntary use of a referral system for enrollees to access providers under contract with or employed by the health maintenance organization. Provides that the provisions shall not be construed as requiring the use of a referral system to obtain a certificate of authority. Provides that the Director may prescribe by rule the language that must be included in the plan name, marketing, advertising, or other consumer disclosure requirements to differentiate a health care plan that does not use a referral system for such providers from a health care plan that does use a referral system for such providers. Provides that the provisions shall not be construed as requiring the use of a referral system with the health maintenance organization's contracted or employed providers to obtain a certificate of authority.

HB 1565, Insurance Coverage/Estrogen passed out of the House 108-0-1. This bill provides that a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2025 (rather than January 1, 2024) and that provides coverage for prescription drugs shall include coverage for one or more therapeutic equivalent versions of vaginal estrogen in its formulary.

HB 2189, Insulin passed the House 109-0-0. This bill provides that an insurer that provides coverage for prescription insulin drugs under the terms of a health coverage plan the insurer offers shall limit the total amount that an insured is required to pay for a 30-day supply of covered prescription insulin drugs at an amount not to exceed $35 (rather than $100).

HB 2238, Stroke Centers passed the House by a vote of 112-0-0. This bill provides for the certification and designation of Thrombectomy Capable Stroke Centers, Thrombectomy Ready Stroke Centers, and Primary Stroke Centers Plus and makes conforming changes throughout the Act.

HB 2267, Dental passed the House by a vote of 112-0-0. This bill provides that without the supervision of a dentist, a dental hygienist may perform dental health education functions, including instruction in proper oral health care and dental hygiene in, for example, a school setting, a long-term care facility, and a health fair (rather than just either a school setting and a long-term care facility). Provides that a dental hygienist may record case (rather than care) histories and oral conditions. Provides that a dentist may enter into an agreement for public health supervision with 4 (rather than 2) public health dental hygienists. Provides that the Department of Public Health Oral Health Section shall compile and publicize public health dental hygienist service data annually.

HB 2350, INS Coverage passed the House 78-32-0. This bill amends the Accident and Health Article of the Illinois Insurance Code. In provisions concerning pap tests and prostate cancer screenings, provides that required coverage includes an annual cervical smear or Pap smear test for all (rather than female) insureds. Provides that required coverage includes an annual prostate cancer screening for insureds (rather than male insureds) upon the recommendation of a physician licensed to practice medicine in all of its branches for specified individuals. Provides that required coverage includes an annual prostate cancer screening for insureds who are age 40 and over with a genetic predisposition to prostate cancer.

HB 2443, Hearing Aid Coverage passed the House 83-25-1. 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. Makes conforming changes, including repealing provisions concerning optional coverage or optional reimbursement for hearing instruments and related services. Effective January 1, 2025.

HB 2519, Hospitals/Milk passed the House 107-0-0. This bill requires hospitals licensed under the Act to provide information and instructional materials regarding the option to voluntarily donate milk to nonprofit milk banks that are accredited by the Human Milk Banking Association of North America. Provides that the information and instructional materials shall be provided to the parents of each newborn upon discharge from the hospital after the newborn's birth.

HB 3030, Insurance/Billing passed the House 113-0-0. This bill amends the Illinois Insurance Code. In provisions concerning billing for services provided by nonparticipating providers or facilities, provides that if attempts to negotiate reimbursement for services provided by a nonparticipating provider do not result in a resolution of the payment dispute within 30 days after receipt of written explanation of benefits by the health insurance issuer, then the health insurance issuer, nonparticipating provider, or the facility may initiate binding arbitration to determine payment for services provided on a per-bill or a batched-bill basis (instead of only a per-bill basis).

Chamber Day Information. Sponsors Wanted.

We still have a few sponsorship slots available. Chamber Day is a great way to get in front of lawmakers and meet local business leaders. The Chamber is grateful to all our sponsors- We can’t do what we do without your support. Sponsorship information can be found HERE

Please remember to register for Chamber Day on April 18th. We have confirmed all four legislative leaders will be on hand to give their thoughts on this session and answer a few questions from those present. Registration information is here:

When: Tuesday, April 18, 2023 from 9:30 AM to 1:00 PM CDT

Where: President Abraham Lincoln A Double Tree by Hilton

701 East Adams Street

Springfield, IL 62701

Rulemakings of Note

PUBLIC HEALTH DATA The DEPARTMENT OF PUBLIC HEALTH adopted amendments to Health Care Data Collection and Submission Code (77 IAC 1010; 46 Ill Reg 15951) effective 3/10/23 that define syndromic surveillance, establish definitions for terminology and data elements related to syndromic surveillance, and include requirements for syndromic surveillance reporting from healthcare facilities. Syndromic surveillance consists of regular and systematic collection of specific health-related data in near-real time (one to 24 hours after a patient encounter or update of a patient’s condition) that provides information on the health of a community and allows DPH to monitor disease trends and emerging events. Data from emergency department visits, inpatient admissions, observation visits stemming from an emergency encounter or prior to an inpatient admission, and urgent care visits must be submitted. Facilities that may provide this data now include urgent care sites (primary care clinics, rural clinics, immediate care facilities, freestanding emergency departments), as well as hospitals; hospitals are required to report this data and may be subject to penalties if they fail to comply. The rulemaking also specifies the purposes for which DPH may use or share syndromic surveillance data, establishes procedures for verifying and validating data, and incorporates State and federal regulations and guidelines regarding electronic health data and records. Since 1st Notice, DPH has clarified that ambulatory surgical treatment centers (ASTCs) and urgent care sites are recommended, not required, to report data. Hospitals, ASTCs, urgent care clinics and other medical facilities are affected by this rulemaking.

Chamber BIPA Webinar

Sean Darke from Dykema will moderate the virtual panel discussion on “The Good, Bad, and Ugly of BIPA!” The panel will focus on recent developments in BIPA lawsuits and best practices to avoid being caught in the wave of lawsuits, which have typically resulted in outsized class settlements. As litigation continues to explode in BIPA, Dykema has assembled a panel to discuss the recent changes to BIPA and recent case law that continues to shape BIPA for companies and legislatures across the country. Concerning is that over 1,000 BIPA lawsuits involve every day workplace issues like time tracking and employee verification. Although we see the ugly in BIPA through litigation, this panel will discuss the positives of biometrics that have been lost during this litigation explosion and how companies should not shy away from using this amazing technology. The panel will also discuss the future of biometrics and the much needed BIPA reform. Join Sean Darke and panel members Abad Lopez from Dykema, Doug O’Gordon from Find Biometrics, and Jake Parker from The Security Industry Association as they explore the “Good, Bad, and Ugly of BIPA!”

Panel Discussion Will Include: