Clark Kaericher | Executive Director, Healthcare Council & Sr. VP of Government Affairs | 618-806-1501
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April 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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My wife has a new social media app that I have never heard of and can’t seem to understand. This is (almost) 40….
Scheduling Update
The House and Senate returned to Springfield this week and were in session Tuesday through Thursday.
The House and the Senate are both scheduled to be in session Tuesday through Friday next week. Next Friday is a deadline day in each chamber. Friday is the House deadline to move Senate bills out of committee and the Senate deadline to move House bills out of committee.
Committee Recap
HB 1186, HMOs passed the Senate Insurance Committee on an attendance role call. Amends the Health Maintenance Organization Act. 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. The Chamber supports this bill.
HB 1117, Hospice passed out of Senate Health and Human Services 8-0-0. 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 passed Senate Insurance 11-0-0. 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 1565, Insurance mandate for vaginal estrogen. Passed Senate Insurance unanimously.
HB 2189, Insulin passed out of Senate Insurance 11-0-0. 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 out of Senate Public Health 8-0-0. 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 2443, Hearing Aid Coverage passed out of Senate Insurance 11-0-0. 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. Makes conforming changes, including repealing provisions concerning optional coverage or optional reimbursement for hearing instruments and related services. Effective January 1, 2025.
HB 2799, Insurance Mandate, this time for proton beam therapy with the same standards as used for any other radiation therapy. Passed the Senate Insurance Committee on an attendance roll call.
SB 69, Hospitals/Immunization Policy passed out of House Public Health 7-0-0. 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 199, Nursing passed out of House Health Care Licenses Committee 12-0-0. 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 218, Physician Assistant passed out of House Health Care Licenses Committee 12-0-0. This bill provides that any physician assistant required to enter into a written collaborative agreement with a collaborating physician is authorized to continue to practice for up to 90 days after the termination of a written collaborative agreement, provided the physician assistant seeks any necessary collaboration at a local hospital and refers patients who require services beyond the training and experience of the physician assistant to a physician or other health care provider. Provides that physicians and physician assistants who work in a federally qualified health center are exempt from specified collaborative ratio restriction requirements. Adds physician assistants providing services in federally qualified health centers to provisions that authorize certain physician assistants to provide services without a written collaborative agreement and to prescribe certain controlled substances.
SB 303, Pharmacy passed out of House Health Care Licenses Committee 12-0-0. 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.
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Committees Posted for Next Week
Senate Health and Human Services meets Tuesday at 4 pm. HB 2719 Amends the Fair Patient Billing Act. Provides that a hospital shall screen each uninsured patient for eligibility in State and federal health insurance programs, financial assistance offered by the hospital, and other public programs that may assist with health care costs and provide information about those programs. For an insured patient, requires the hospital to screen the patient for discounted care in specified circumstances. Provides that the screenings and all follow-up assistance must be culturally competent, in the patient's primary language, in plain language, and in an accessible format. Requires a hospital to implement an operational plan and trainings relating to screenings. Prohibits hospitals from pursuing collection actions against uninsured patients if they have not completed the screening requirements. Includes a prohibition on the sale of medical debt, limitations on collection actions, penalties for violating the Act's provisions, and defenses against collection actions pursued in violation of the provisions. Makes other changes. Amends the Hospital Uninsured Patient Discount Act. Provides that a patient declining to apply for a public health insurance program on the basis of concern for immigration-related consequences shall not be grounds for denying financial assistance under a hospital's financial assistance policy. This bill passed the House on a largely party line vote.
House Labor & Commerce meets Wednesday at 2 pm. There is one bill of interest:
HB 3338 (Mah) Creates the Safe Patient Limits Act. Provides the maximum number of patients that may be assigned to a registered nurse in specified situations. Nothing shall preclude a facility from assigning fewer patients to a registered nurse than the limits provided in Act. Further, nothing in the Act precludes the use of patient acuity systems consistent with the Nurse Staffing by Patient Acuity Act; however, the maximum patient assignments in the Act may not be exceeded, regardless of the use and application of any patient acuity system. All facilities shall adopt written policies and procedures for training and orientation of nursing staff and that no registered nurse shall be assigned to a nursing unit or clinical area unless that nurse has, among other things, demonstrated competence in providing care in that area. Establishes recordkeeping requirements. Provides that the written policies and procedures for the training and orientation of nursing staff shall require that all temporary personnel receive the same amount and type of training and orientation that is required for permanent staff. Provides specified nurse rights and protections. Provides that a hospital shall not mandate that a registered professional nurse delegate nursing interventions. The Illinois Chamber opposes this bill. Thanks to everyone that reached out last week.
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Chamber Day 2023 a Success
Thank you to everyone who attended our Chamber Day event this week. We had the largest turnout in years to hear remarks and questions from all four legislative leaders. We heard some positive news on the potential for BIPA reform. You can read some media coverage on the remarks on BIPA from both the Speaker and Leader Curran at our event HERE
On a slightly less exciting note, the Speaker’s less than certain answer on whether the House will adjourn on the 19th makes me nervous for my Memorial Day plans.
Special thanks to our sponsors. We couldn’t do what we do without your generous support.
New Amendment Filed to HB 579 – State Based Healthcare Exchange
A third amendment was filed to the proposed State Based Exchange in HB 579. You can read the amendment in full HERE.
The amendment moves important stakeholders to neutral. However, there are still some concerns about the lack of fiscal or staffing projections.
I’d love your feedback on this one.
Floor Votes of Note
Very few bills were called on 3rd Reading this week. None of them impacted the council.
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Chamber BIPA Panel Discussion- May 23rd
Sean Darke from Dykema will moderate the virtual panel discussion on “The Good, Bad, and Ugly of BIPA!” 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!”
Continuing Education Offered: 1.50 HRCI,1.50 SHRM, 1.50 CLE per attendee request prior to event, and 1.50 HR & Management/Supervision Compliance Certificate Credit. HR Certification Institute’s® (www.HRCI.org) official seal confirms that the Illinois Chamber meets the criteria for pre-approved recertification credit(s) for any of HRCI’s eight credentials, including SPHR® and PHR®.
Register Here (Note: Registration is free for IL Chamber Tech Council Members)
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Rulemaking of Interest
Health Insurance: The DEPARTMENT OF INSURANCE adopted a new Part titled Network Adequacy and Transparency (50 IAC 4540; 46 Ill Reg 5835) effective 3/28/23. This rulemaking, which has undergone extensive changes and clarifications since 1st Notice, clarifies the requirements of the Network Adequacy and Transparency Act (NATA) [215 ILCS 24] with regard to information health insurers must file when there are material changes to a provider network or when a provider contract is terminated or not renewed. For network plans issued, delivered or renewed on or after 1/1/23, the rulemaking establishes time and distance standards for each provider specialty, based on federal requirements for qualified health plans for plan year 2023. Statutory standards established under NATA apply to behavioral health providers. The rulemaking also establishes minimum provider ratios (determined by the Department of Public Health) for each provider specialty type. Insurers with network plans must also submit to DOI copies of the notices that will be issued to providers and beneficiaries when a provider leaves the network.
These notices must include information regarding transitional services, how to find a new preferred provider in the same specialty, in-network benefits available for out-of-network services when an appropriate preferred provider is not available, and information regarding appeals or complaints. Other provisions allow insurers to request exceptions to provider ratios or time and distance standards (some exceptions related to behavioral health providers are prohibited); clarify the NATA self audit requirements and require insurers to report the results of these self-audits to DOI annually; specify data that must be included in a report summary; and outline procedures for determining which documents filed or exchanged under NATA are subject to disclosure, inspection and copying under the Freedom of Information Act. Changes since 1st Notice include numerous added definitions; additional details concerning time and distance travel standards and factors that DOI will take into account when a network plan cannot comply with them (e.g., no providers in a particular specialty type within the prescribed time/distance radius are licensed or accredited by the State, or are all contracted exclusively to another insurer); and provisions allowing certain network plans to combine their 2023 and 2024 issuance and renewal filings into a single document. Those affected by this rulemaking include health insurers with preferred provider or member networks and health providers enrolled in these networks. Questions/requests for copies: Ryan Gillespie, DOI, 320 W. Washington St., 5th Floor, Springfield IL 62767, 217-5582746.
State Employee Insurance: There is also a new rule for state employee insurance. If that is of interest to you, you can read more here
Articles of Interest
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