March 27, 2022
I hope everyone is having a nice weekend and watching some great basketball!
Session Update:
The House and Senate were both in session last week. While Friday was the posted committee deadline, there are many hearings scheduled for next week. There were a substantial number of non-controversial healthcare related bills that passed out of committee last week.
Both the House and Senate return tomorrow. Friday, April 1st is third reading deadline in both the House and Senate for bills originating in the opposite chamber.
Bills we are watching closely this week:
HB 4175 INS-HEALTH BENEFIT EXCHANGE, deadline was extended to March 31, 2022. Amends the Illinois Health Benefits Exchange Law. Provides that the Department of Insurance has the authority to operate the Illinois Health Benefits Exchange. Provides that the Director of Insurance may require plans in the individual market to be made available for comparison on the exchange, but may not require all plans be purchased exclusively on the exchange. Provides that the Director may require that plans offered on the exchange conform with standardized plan designs. Provides that the Director may apply a monthly assessment to each health benefits plan sold in the Illinois Health Benefits Exchange according to specified rates. Provides that the Director shall establish an advisory committee to provide advice to the Director concerning the operation of the exchange and that the advisory committee shall include specified members. Provides that the Department shall also have the authority to coordinate the operations of the exchange with the operations of the State Medicaid program and the FamilyCare Program to determine eligibility for those programs as soon as practicable. Provides that the Department shall adopt rules. Removes provisions concerning small employer health insurance coverage and markets. Makes other changes. Effective January 1, 2023.
Bills of Interest with Action last week:
HB 1780, Drug Takeback passed out of the Senate Executive Committee by a vote of 16-0-0. This bill provides that the Act may be cited as the Drug Take-Back Act. rovides that each covered manufacturer must, beginning January 1, 2024 (rather than no later than July 1, 2022) or 6 months after becoming a covered manufacturer, individually or collectively implement (rather than participate in) an approved drug take-back program. Requires a drug take-back program to provide for the collection, transportation, and disposal of covered drugs. Provides that specified requirements shall be undertaken by a drug take-back program or a covered manufacturer (rather than a manufacturer program operator).
HB 4271, INS Coverage passed out of the Senate Insurance Committee by a vote of 11-0-0. 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, 2024 (rather than January 1, 2023) shall provide coverage for medically necessary breast reduction surgery.
HB 4324, Insurance CE Credit passed out of the Senate Insurance Committee by a vote of 11-0-0. This bill, in provisions concerning insurance producer licenses, provides that an insurance producer's active participation in a State or national professional insurance association may be approved by the Director of Insurance for up to 4 hours of continuing education credit per biennial reporting period. In provisions concerning insurance producer licenses, provide that before each license renewal, an insurance producer must satisfactorily complete at least 24 hours of course study or participation in a professional insurance association (instead of 24 hours of course study) in accordance with rules prescribed by the Director. Provides that credit for participation in a professional insurance association shall be provided on an hour-for-hour basis. Requires the hours to be verified and submitted by the professional insurance producer on behalf of the insurance producer. Provides that any association submitting continuing education credit hours on behalf of producers must be registered as an education provider.
HB 4338, INS Coverage passed out of the Senate Insurance Committee by a vote of 11-0-0. This bill provides that a group or individual policy of accident and health insurance that is amended, delivered, issued, or renewed on or after January 1, 2024 that provides coverage for prescription drugs shall provide coverage for prenatal vitamins when prescribed by a physician licensed to practice medicine in all of its branches or an advanced practice registered nurse licensed under the Nurse Practice Act.
HB 4595, 340B passed out of the Senate Insurance Committee by a vote of 11-0-0. This bill provides that a contract between a pharmacy benefit manager or third-party payer and a 340B entity or 340B pharmacy shall not contain specified provisions. Provides that a violation by a pharmacy benefit manager constitutes an unfair or deceptive act or practice in the business of insurance, and that a provision that violates the prohibition on certain provisions in a contract between a pharmacy benefit manager or a third-party payer and a 340B entity that is entered into, amended, or renewed after July 1, 2022 shall be void and unenforceable. In provisions concerning pharmacy benefit managers, provides that the provisions apply to contracts entered into or renewed on or after July 1, 2022 (rather than July 1, 2020). In provisions concerning pharmacy benefits, provides that a Medicaid managed care organization or pharmacy benefit manager administering or managing benefits on behalf of a Medicaid managed organization shall not include specified provisions in a contract with a 340B entity or 340B pharmacy. Provides that a provision that violates the prohibition on certain provisions in a contract between a Medicaid managed care organization or its pharmacy benefit manager and a 340B entity entered into, amended, or renewed after July 1, 2022 shall be void and unenforceable.
HB 4433, INS passed out of the Senate Insurance Committee by a vote of 11-0-0. This bill amends the Managed Care Reform and Patient Rights Act. In provisions concerning a requirement that a health care plan shall apply any third-party payments, financial assistance, discount, product vouchers, or any other reduction in out-of-pocket expenses made by or on behalf of an insured for prescription drugs toward a covered individual's deductible, copay, cost-sharing responsibility, or out-of-pocket maximum associated with the individual's health insurance, provides that if application of that requirement would result in ineligibility of a health savings account under federal law, the requirement applies to health savings account-qualified high deductible health plans with respect to the deductible of a plan after the enrollee has satisfied a specified minimum deductible, except with respect to specified items or services, in which case the requirement applies regardless of whether the minimum deductible has been satisfied.
HB 4703, INS Billing passed out of the Senate Insurance Committee by a vote of 11-0-0. This bill provides that when an insured receives emergency services or covered ancillary services from a nonparticipating provider or a nonparticipating facility, the health insurance issuer shall ensure that cost-sharing requirements are applied as though the services had been received from a participating provider or facility, and that the insured or any group policyholder or plan sponsor shall not be liable to or billed by the health insurance issuer, the nonparticipating provider, or the facility beyond the cost-sharing amount. Contains provisions concerning a notice and consent process for out-of-network coverage; billing for reasonable administrative fees; assignment of benefits to nonparticipating providers; and cost-sharing amounts and deductibles. Amends the Illinois Insurance Code and the Health Maintenance Organization Act to make a change in provisions concerning disclosure of nonparticipating provider benefits. Amends the Network Adequacy and Transparency Act. Provides that a beneficiary who receives care at a participating health care facility shall not be required to search for participating providers under certain circumstances. Amends the Managed Care Reform and Patient Rights Act. Provides that prior authorization or approval by the plan shall not be required for post-stabilization services that constitute emergency services. Amends the Health Maintenance Organization Act and the Voluntary Health Services Plans Act to provide that health maintenance organizations and voluntary health services plans are subject to provisions of the Illinois Insurance Code concerning billing and cost sharing. As amended, provides that if the cost sharing for the same item or service furnished by a participating provider would have been a flat-dollar copayment, that amount shall be the cost-sharing amount unless the provider has billed a lesser total amount. Provides that upon receipt of the provider's bill or facility's bill, the health insurance issuer shall provide the nonparticipating provider or the facility with a written explanation of benefits (rather than the health insurance issuer shall provide the nonparticipating provider or the facility with a written explanation of benefits).
Committees Scheduled the Week of March 28th:
View the Senate Committee schedule for next week here. View the House committee schedule here.
Other
Free Illinois Chamber Webinar: Avoiding the Wrong Buyers in Export – Understanding Denied Parties and Vetting Your Importers
Description: Denied parties are organizations or companies that various U.S. agencies – and other foreign governments – have identified as those who have been denied export privileges. Any dealings with a party on this list that would violate the terms of its denial order are prohibited. This webinar will be presented by Alex Sonifrank, Affinity and Partnerships Manager at the American World Trade Chamber of Commerce. Alex has worked to vet registrations against their global trade platform for issuing trade documents and worked directly with US exporters experiencing challenges and risks in the global market. The AWTCC is focused on expanding US trade internationally. This webinar is for anybody who has questions about Certificates of Origin, exporting, and international business.
Critical Cybersecurity Briefing Presented By Illinois Chamber and US Representative Underwood
Wednesday, March 30, 2022
10:00 am - 11:00 am
FREE Webinar
Join us for a cybersecurity briefing on how businesses can prevent, identify, and respond to malicious cyber activity, and how the Cybersecurity and Infrastructure Security Agency (CISA) and FBI can help. The briefers will cover CISA's Shields Up guidance and include time for Q&A.
This is a free event for both members and non members on an issue of critical importance.
Briefing Agenda:
10:00 am - 10:03 am Welcome Remarks from Illinois Chamber and Representative Underwood
10:03 am - 10:18 am Update from CISA (Alex Joves)
10:18 am - 10:33 am Update from FBI (Eric Brelsford)
10:33 am - 11:00 am Q&A
Featured Speakers
FBI Special Agent Eric Brelsford
FBI Special Agent Eric Brelsford has 15 years of experience with the FBI specializing in cyber-crime investigations. During this time, Agent Brelsford has been the lead investigator on a variety of cyber investigations including for example ransomware, data breaches, cyber extortion, financial account takeover, malware distribution, botnet operations, and denial of service attacks. Prior to joining the FBI, Agent Brelsford worked in the private sector performing computer & information security consulting. Agent Brelsford is currently assigned to the FBI Chicago Field Office’s criminal computer intrusion squad.
Regional Director Alex Joves
Alex Joves is the Cybersecurity and Infrastructure Security Agency (CISA) Regional Director (RD) for Federal Region 5 covering Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. Regional Directors serve as the CISA senior leader in each of the ten regions. Through their leadership and management of field-based resources and capabilities, RDs represent all CISA programs. CISA is the Nation’s risk advisor. The Agency protects the Nation’s critical infrastructure from cyber and physical threats by working with partners to defend against today’s threats and collaborating to build more secure and resilient infrastructure for the future. Mr. Joves assumed the CISA RD position in November 2018. He has 25 years of government service with the Federal Civil Service and U.S. Coast Guard. A career member of the Senior Executive Service, Mr. Joves is a graduate of the U.S. Coast Guard Academy and The George Washington University Law School. The CISA Region 5 office is located in Chicago, IL.
Weekly GAP Call
The Chamber will host a Government Affairs Professionals (GAP) call on Monday, March 7th at 3:00 pm. We will provide you the latest updates on what legislation we are watching this Spring. Call in information is provided below.
Microsoft Teams meeting
Join on your computer or mobile app
Or call in (audio only)
Phone Conference ID: 463 563 254#
List of Key Dates:
Third Reading Substantive Bills, Second Chamber: House & Senate-April 1
Adjournment: April 8
