Two weeks to go (probably). Hope everyone is hanging in there.
Session Schedule Update
The Senate is in this morning. They are scheduled to be in this weekend, but I expect they will cancel at least one of the scheduled days.
The House adjourned for the week yesterday. They will return on Monday at 2 pm.
Both Chambers are still planning to adjourn on May 19th- two weeks from today. If we don’t make that deadline, everybody can blame HFS blowing a massive hole in the budget forecasting.
Committee Recap
SB 1289 (Dental Loss Ratio) was posted to House Insurance but was sent back to the Rules Committee. The Illinois Chamber of Commerce opposes a dental loss ratio mandate as it drives up the cost of an important employee benefit.
HB 3338 (Nurse staffing ratio) was not heard in House Labor and was sent back to Rules Committee. The Illinois Chamber of Commerce opposes this bill.
New Postings
No new committee postings warranting mention. However, be aware that with floor amendments only one hour’s notice is required. Therefore, we will likely see some important measures in committees next week.
Floor Votes
HB 3957, Drug Pricing passed out of the House 84-25-0. 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. Provides that a notice sent by the Attorney General to the manufacturer or wholesale drug distributor of an essential off-patent or generic drug shall serve as a litigation hold regarding documents and communications about that drug. 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.
SB 101, INS Mandate passed the House 104-0-0. 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. The Illinois Chamber was neutral on this bill. These provisions were worked out in Veto Session, but the clock ran out before passage.
SB 199, Nursing passed the House 103-0-0. 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.
Let’s Talk About the State Based Exchange
Several of you have reached out asking about the rumored state based exchange and whether talk of it passing this year has merit. The short answer: yes. If this is an issue you care about, you should take it seriously. HB 579 (Leader Gabel) will be the vehicle for this legislation and a fourth amendment was filed yesterday afternoon.
According to the latest amendment, a state based exchange utilizing the federal platform will be launched for plan year 2025 and as a state based exchange in 2026. The exchange will feature both individual and small group plans. Plans will be assessed a fee of 2.75% of the monthly premium charged by the insurer and this rate may be increased up to a cap of 4%.
Implementation cost estimates and staffing requirements have yet to be released.
The administration has been public about their desire to get this passed and signed this summer. The stated reason for doing this is that they are fearful of federal rollbacks and restrictions to the ACA in the future. 18 other states have adopted a state based exchange.
Crain’s had a great breakdown yesterday that you can read in full HERE.
Health Data Privacy- Pay Attention to this Bill.
A new amendment to HB 3603 (Williams) has been floating around. The proponents, mainly the ACLU, claim it is a reproductive health protection act. In reality, it’s a omnibus data privacy bill cloaked in reproductive healthcare protections. I’d encourage you to read the latest amendment HERE (it has not been filed yet).
The Chamber has joined a large coalition in opposition to this bill. Our issues are threefold. The definition is way too broad to be meaningful. Compliance will be both nearly impossible and so overwhelming to consumers as to be ignored. Finally, the private right of action is a copy of the BIPA provisions which benefited only a few well-connected plaintiff firms.
You can read more in our fact sheet: HERE
I do want to point out that, unlike the introduced version, this amendment exempts out certain HIPAA covered entities. Look at that exemption closely and do not assume if fully covers all of your activities or your providers. As an example, the bill covers the transmission of the health data meaning a broad interpretation of the language requires broadband companies to obtain consent if you use their networks to transmit a patients vitals across your system.
Rulemaking
Hospitals: HFS proposed an amendment to Hospital Services (89 IAC 148; 47 Ill Reg 5906) implementing Public Act 102-43. The rulemaking removes restrictions on payment for repeat alcohol or drug detoxification admissions of patient age 21 or older within 60 days after the patient’s discharge from a previous inpatient detox admission. Questions/requests for copies/ comments on the 2 HFS rulemakings through 6/12/23: Steffanie Garrett, HFS, 201 S. Grand Ave., East, 3rd Floor, Springfield IL 62763-0002, HFS.Rules@illinois.gov
Medical Payments: The DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES proposed amendments to Medical Payment (89 IAC 140; 47 Ill Reg 5872) that authorize payment to a provider for the services of a substitute physician when the regular attending physician is on vacation, ill, or otherwise unavailable due to an emergency; the substitute physician is validly licensed in Illinois or in that physician’s state of practice; the substitute has not been barred, suspended or withdrawn from participation in the Medical Assistance program; and the substitution does not exceed 14 days per incident or 90 days per year for a particular attending physician. If the substitution exceeds 90 days in a year, the substitute physician must enroll in the Medical Assistance program in order to continue receiving payment. The rulemaking also clarifies the definition and extent of supplemental payments to Medicaid or Children’s Health Insurance Program-enrolled practitioners employed by Illinois public universities and updates the schedule of covered dental procedures to include school based preventive dental services for children under age 19.
Medicare Supplements: The DEPARTMENT OF INSURANCE proposed amendments to Minimum Standards for Individual and Group Medicare Supplement Insurance (50 IAC 2008; 47 Ill Reg 5923) that address an issue arising from the anticipated end of the federal and State COVID-19 public health emergency. The rulemaking provides that Medicare-eligible individuals who lose Medicaid coverage after the end of the public health emergency must have the opportunity to purchase Medicare supplement policies for at least 63 days after they are terminated from Medicaid or receive notice of Medicaid termination, whichever is later. The rulemaking also clarifies that existing rules regarding Medicare late enrollment penalties do not exclude individuals who apply for Medicare supplement policies while under a Medicare penalty. Questions/requests for copies/ comments through 6/12/23: Robert Planthold, DOI, 122 S. Michigan Ave., 19th Floor, Chicago IL 60603, 312/814-5445 or Susan Anders, DOI, 320 W. Washington St., 4th Floor, Springfield IL 62767, 217/5580957.
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.
Articles of Interest
