Clark Kaericher | Executive Director, Healthcare Council & Sr. VP of Government Affairs | 618-806-1501
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July 21, 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.
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It’s mind blowing that 2023 is halfway over. Anyone have plans before the school year begins again?
BIPA Updates
Two recent court decisions in the high-profile White Castle and BNSF Illinois Biometric Information Privacy Act (BIPA) matters have created additional uncertainty about damages in BIPA matters. The impact of these decisions will likely lead to increased settlement amounts and even more lawsuits initiated. Let’s take a quick look at these decisions:
White Castle- Petition for Rehearing Denied
Tuesday, the Illinois Supreme Court denied White Castle’s petition for rehearing in the infamous Cothron case. You’ll recall that Cothron upheld damages on a per-scan basis, leading to potential of absurd liability amounts in cases of no actual harm (into the billions of dollars). This decision is now final, barring an unexpected intervention from the United States Supreme Court.
I spoke with Jim Sams of the Claims Journal right after this decision was issued. You can read the full article here.
Here’s a snippet: The Illinois Chamber of Commerce was among several business groups that filed amicus briefs urging the Supreme Court to reconsider its interpretation of when violations occur under the law. Clark Kaericher, senior vice president of government affairs for the Chamber, said White Castle is not the only business that failed to notice that the methods they were using to verify employees’ identities violated a state law. It’s not unusual for large national employers to be uninformed about the passage of “obscure state laws,” he said.
BNSF- New Trail on Damages Granted
The United States District Court for the Northern District of Illinois granted a new trial in the Rogers v. BNSF Railway case, the first BIPA case to be tried to a jury. That trial resulted in a $228 million verdict against BNSF last fall. The judge based his opinion on the language of the Cothron v. White Castle decision stating that BIPA damages are “discretionary”.
The new trial will solely focus on the damages amount. The $228 million figure was arrived at multiplying $5,000 (the intentional scan violation amount) by the 45,600 truckers using the system. Undoubtedly, BNSF will argue for a lower amount citing the lack of harm. Amazingly, however, the plaintiffs could argue for MORE damages, potentially up to $5,000 per scan.
Annual Meeting and Reception Sponsorship
The Illinois Chamber is now seeking sponsors for our 2023 annual luncheon! The 2023 annual luncheon and pre-event reception will be held on September 28 at the Doubletree Hotel in Oak Brook. We are seeking sponsors for the reception preceding the event as well as the meeting itself.
Please see the attached document for reception sponsorship information as well as a tentative agenda. The annual meeting is our biggest event of the year and I look forward to seeing you all there.
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Annual Meeting and Reception Sponsorship
The Illinois Chamber is now seeking sponsors for our 2023 annual luncheon! The 2023 annual luncheon and pre-event reception will be held on September 28 at the Doubletree Hotel in Oak Brook. We are seeking sponsors for the reception preceding the event as well as the meeting itself.
Please see the attached document for reception sponsorship information as well as a tentative agenda. The annual meeting is our biggest event of the year and I look forward to seeing you all there.
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Bill Signings
HB 1117, Hospice signed into law. This bill provides that the Department of Public Health's standards for hospices owning or operating hospice residences shall address the number of persons who may be served in a hospice residence, which shall not exceed 24 (rather than 20) persons per location. Provides that the number of licensed hospice residences shall not exceed 16 (rather than 5) located in counties meeting specified population requirements.
HB 1384, INS/Reconstructive Services signed into law. This bill provides that a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2025 may not deny coverage for medically necessary reconstructive services that are intended to restore physical appearance.
HB 2238, Stroke Centers signed into law. 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.
SB 1774, Clinical Trial-Support signed into law. 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 signed into law. 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. Provides that the pharmacy or pharmacist-in-charge shall alert the chief pharmacy coordinator when supportive staff have been terminated for threatening patient safety or diversion. Provides that 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.
Rulemaking
AIDS Drug Assistance: The DEPARTMENT OF PUBLIC HEALTH adopted an amendment to AIDS Drug Assistance Program (77 IAC 692; 47 Ill Reg 4003) effective 6/21/23, updating household income eligibility limits for the program (300% of FPL) to reflect the 2023 Federal Poverty Level figures. Eligibility thresholds are being increased to $43,740 for a 1-person household, $59,160 for 2 persons, etc. Questions/requests for copies: Tracey Trigillo, DPH, 524 S. Second St., 6th Floor, Springfield IL 62701, 217/782-1159, dph.rules@illinois.gov
Disease Reporting: The DEPARTMENT OF PUBLIC HEALTH proposed amendments to Control of Communicable Diseases Code (77 IAC 690; 47 Ill Reg 10251) updating or clarifying specific procedures for reporting or managing cases of various diseases listed in this Part, including brucellosis (in animals), chickenpox, cholera, SARS, MERS, diphtheria, E. coli, hepatitis A, B, and C, histoplasmosis, legionellosis, malaria, measles, mumps, multidrug resistant organisms (MDRO), pertussis (whooping cough), plague, polio, rabies (human and animal), respiratory syncytial virus (RSV) deaths in children under 5, rubella, salmonellosis, SARSCoV-2 (COVID-19) pediatric deaths or intensive care unit admissions, staphylococcus, streptococcus infections in a hospital or health care facility, tetanus, tickborne infections (including Lyme Disease and Heartland virus), laboratory confirmed deaths from influenza in persons younger than 18, and any suspected outbreak of a known or unknown disease that may be a danger to public health, whether or not specified in rule. The reporting period for many of these diseases has been shortened from 7 days to 3 days. With regard to persons who die of infectious disease that may be spread through contact with the body or bodily fluids, the rulemaking makes the attending physician, advanced practice registered nurse, or physician assistant who certifies the person’s death (currently, the physician or coroner) responsible for labeling the body as an infection hazard so that funeral directors or others who have contact with the body can take suitable precautions. Local health authorities that issue orders for isolation, quarantine or closure must notify DPH when these orders are discontinued as well as when they are issued. With regard to extensively drug-resistant organisms (XDROs), the rulemaking updates reporting procedures and registry access and requires general hospitals, long term acute care hospitals, and skilled or intermediate care nursing facilities to query or implement alert notification from the Department’s XDRO Registry in order to identify new admissions with XDROs. Those affected by this rulemaking include local health departments, healthcare providers, hospitals, long-term care facilities, and persons employed in the healthcare or food handling industries. Questions/requests for copies/ comments through 8/28/23: Tracey Trigillo, DPH, 524 S. Second St., 6th Floor, Springfield IL 62701, 217/782-1159, dph.rules@illinois.gov
Hospitals: The DEPARTMENT OF PUBLIC HEALTH adopted an emergency amendment to Hospital Licensing Requirements (77 IAC 250; 47 Ill Reg 9499) effective 6/27/23 for a maximum of 150 days. A companion proposed amendment appears in this week’s Illinois Register at 47 Ill Reg 9134. This emergency rule (which replaces an emergency rule that expired 6/26/ 23) implements a federal waiver (valid through 12/31/24) allowing qualifying hospitals, with approval from the federal Centers for Medicare and Medicaid Services, to provide limited inpatient services in patients’ homes to alleviate hospital overcrowding and prevent spread of COVID-19 infection. DPH’s emergency rule requires Illinois hospitals that receive the Acute Hospital Care at Home (AHCH) waiver to provide DPH with specified documents, comply with various hospital health and safety requirements, and comply with COVID-19 directives and guidance issued by the CDC, DPH, other State agencies, and local health departments. Questions/requests for copies/ comments on the proposed rulemaking through 8/21/23: Tracey Trigillo, DPH, 524 S. Second Street, 6th Floor, Springfield IL 62701, (217)7821159, dph.rules@illinois.gov
Veto Session Dates
Veto Session will be here before you realize. Lawmakers announced the 2023 dates for October 24-26 and November 7-9. View the calendar here.
Articles of Interest
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